| Offense | Penalty | Incarceration | Max. Fine |
Possession | |||
| Any amount (first offense) | not classified | 1 year | $ 0 |
| Any amount (subsequent offense) | felony | 2 - 10 years | $ 0 |
Sale or Distribution | |||
| Less than 25 lbs | felony | 2 years - life | $ 20,000 |
| 25 - 1000 lbs | felony | 4 years - life | $ 100,000 |
| 1000 lbs or more | felony | 4 years - life | $ 500,000 |
| To a minor carries a double period of incarceration and fine. | |||
| Within 2000 feet of schools, public parks, or public housing carries a double period of incarceration and fine, and a mandatory minimum sentence. | |||
Hash & Concentrates | |||
| Possession | misdemeanor | 1 year | $ 1,000 |
| Distributing, dispensing, transporting or possession with intent | felony | 2 years - life | $ 20,000 |
| Converting marijuana into hashish or concentrates | felony | 2 years - life | $ 50,000 |
Paraphernalia | |||
| Possession of paraphernalia (first offense) | misdemeanor | 1 year | $ 1,100 |
| Possession of paraphernalia (second offense) | misdemeanor | 1 year | $ 5,100 |
| Possession of paraphernalia (third offense) | misdemeanor | 1 year | $ 10,100 |
Miscellaneous (license suspensions, civil damages, etc...) | |||
| Any conviction will lead to a driver's license suspension from 6 mos - 3 years. | |||
Possession of any amount of marijuana is a violation which is subject to up to one year of incarceration (conditional release may be granted).
A subsequent conviction for possession is a felony which carries the penalty of 2-10 years of incarceration.
See:
The sale of less than 25 lbs. is a felony which is punishable by incarceration for a period of 2 years-life, as well as a fine of $20,000.
The sale of 25 lbs. to 1000 lbs. is a felony which is punishable by incarceration for a period of 4 years-life, as well as a fine of $25,000-$100,000.
The sale of 1000 lbs. or more is a felony which is punishable by incarceration for a period of 4 years-life, as well as a fine of $100,000-$500,000.
The sale to minors is a felony which is punishable by a double penalty for both the period of incarceration as well as the fine to be paid.
The sale within 2000 feet of schools, public parks, or public housing is a felony which is punishable by a double penalty for both the period of incarceration as well as the fine to be paid. A conviction carries with it a mandatory minimum sentence of 50% of the imposed sentence.
See:
Cultivation in Oklahoma will be punished based upon the aggregate weight of the plants found as either simple possession or as possession with the intent to distribute. See the "Possession" and "Sale or Distribution" sections for further penalty details.
Hashish or concentrates fall under Oklahoma's definition of marijuana and are Schedule I drugs.
See:
Converting or attempting to convert marijuana into hashish or concentrates is a felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 and up to remainder of the offender's life. Subsequent convictions are punishable by a fine no greater than $100,000 and a term of imprisonment greater than 4 years and up to the remainder of the offender's life.
See:
Distributing, dispensing, transporting with intent to distribute, possessing with intent to manufacture, distribute, or dispense, hashish or concentrates is a felony punishable by a fine no greater than $20,000 and a term of imprisonment no less than 2 years and up to the remainder of the offender's life.
See:
Possessing hashish or concentrates is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second or subsequent conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no less than 2 years and no greater than 10 years. If the offense occurred within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age, the offense becomes a felony punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 2 years. A second or subsequent conviction for possession of hashish or concentrates within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age is punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 4 years and no greater than 20 years.
See:
Any equipment or device used to create hashish or concentrates is considered paraphernalia. Possessing, transporting, using, or manufacturing any such equipment or device is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 1 year. A third conviction is punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 1 year.
See:
A conviction for possession of paraphernalia is a misdemeanor that is punishable by up to one year imprisonment as well as a $1,100 fine.
A second paraphernalia conviction is a misdemeanor that is punishable by up to one year imprisonment as well as a $5,100 fine.
A third paraphernalia conviction is a misdemeanor that is punishable by up to one year imprisonment and a $10,100 fine.
See:
Any conviction will lead to a driver's license suspension from 6 months to 3 years. Immediately revoke for any conviction of misdemeanor or felony conviction for possessing, distributing, dispensing, manufacturing, trafficking, cultivating or selling a controlled substance.
See:
The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.
This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.