| Offense | Penalty | Incarceration | Max. Fine |
|---|---|---|---|
Possession |
|||
| Any amount (first offense) | Misdemeanor | 1 year | $ 1,000 |
| Any amount (subsequent offense)* | Misdemeanor | 1 year | $ 1,000 |
| * Effective 07/01/2017 | |||
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. | |||
Cultivation |
|||
| See Possession and Sale sections for details. | |||
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 | $ 1,000 |
| Possession of paraphernalia (second offense) | Misdemeanor | 1 year | $ 5,000 |
| Possession of paraphernalia (third offense) | Misdemeanor | 1 year | $ 10,000 |
Miscellaneous |
|||
| Any conviction will lead to a driver's license suspension from 6 months - 3 years. | |||
Penalty Details
Marijuana is classified as a Schedule I drug. The definition of marijuana excludes the mature stalks of marijuana and any fiber produced from the stalks and oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marihuana plant,
- Okla. Stat. tit. 63 § 2-204 (2016) Web Search
- Okla. Stat. tit. 63 § 2-101 (2016) Web Search
Possession
Possession of any amount of marijuana is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000 [conditional release is possible for a first offense].
Beginning on July 1, 2017, a second offense for possession of any amount of marijuana is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000
Possession of marijuana within 1,000 feet of a public or private school or university, public park or in the presence of a child under the age of 12 is a felony. This charge is punishable either by a doubling of the term of imprisonment or fine or both. A person convicted under this section must serve a mandatory minimum sentence of 50% of the sentence received.
A person convicted under this section must also pay a special assessment trauma care fee of $100.
- Okla. Stat. tit. 63, § 2-402 (2017) Web Search
Sale or Distribution
The sale of less than 25 pounds is a felony, punishable by incarceration for a period of 2 years-life, as well as a fine of $20,000.
Selling between 25 and 1,000 pounds. Penalties include a fine of between $25,000 and $100,000, between four years and life imprisonment, or both.
Selling 1,000 pounds or more is punishable with a maximum fine of $500,000, and/or between four years and life imprisonment.
The sale to minors is a felony, which is punishable by doubling the penalty for both the period of incarceration, as well as the fine to be paid.
The sale within 2,000 feet of schools, public parks, or public housing is a felony, 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.
- Okla. Stat. tit. 63 § 2-401 (2016) Web Search
Cultivation
Cultivating up to 1,000 plants is a felony, punishable by a maximum $25,000 fine and between 20 years and life imprisonment. Cultivation of more than 1,000 plants is punishable of a fine up to $50,000 and between 20 years and life imprisonment.
Cultivation of marijuana by the owner of land is a felony punishable by a term of imprisonment between 2 years and life and a fine up to 50,000.
- Okla. Stat. tit. 63 § 2-401 (2016) Web Search
- Okla. Stat. tit. 63 § 2-509 (2016) Web Search
Hash & Concentrates
Hashish or concentrates fall under Oklahoma’s definition of marijuana and are Schedule I drugs.
- Okla. Stat. tit. 63 § 2-101 (2016) Web Search
- Okla. Stat. tit. 63 § 2-204(C)(12) (2016) Web Search
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.
- Okla. Stat. tit. 63 § 2-509 (2016) Web Search
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.
- Oklahoma Stat. tit. 63 § 2-401 (2016) Web Search
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.
- Okla. Stat. tit. 63 § 2-402(B)(2) (2016) Web Search
- Okla. Stat. tit. 63 § 2-402 (C) (2016) Web Search
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.
- Okla. Stat. tit. 63 § 2-101(36) (2016) Web Search
- Okla. Stat. tit. 63 § 2-405 (2016) Web Search
Paraphernalia
A conviction for possession of paraphernalia is a misdemeanor that is punishable by up to one-year imprisonment as well as a $1,000 fine.
A second paraphernalia conviction is a misdemeanor that is punishable by up to one-year imprisonment as well as a $5,000 fine.
A third paraphernalia conviction is a misdemeanor that is punishable by up to one-year imprisonment and a $10,000 fine.
- Okla. Stat. tit. 63 § 2-405 (2016) Web Search
Forfeiture
Marijuana, vehicles and property can be forfeited.
- Okla. Stat. tit. 63 § 2-503 (2016) Web Search
Miscellaneous
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.
- Okla. Stat. tit. 47 § 6-205(A)(6) (2016) Web Search
More Information
Conditional Release
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.
Drugged Driving
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Read further information about cannabinoids and their impact on psychomotor performance. Additional information regarding cannabinoids and proposed per se limits is available online.
Low THC
This state has passed a low THC law allowing for the use of cannabis extracts that are high in CBD and low in THC in instances where a physician has recommended such treatment to a patient with a state-qualifying condition.
Mandatory Minimum Sentence
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.
Medical Marijuana
This state has medical marijuana laws enacted. Modern research suggests that cannabis is a valuable aid in the treatment of a wide range of clinical applications. These include pain relief, nausea, spasticity, glaucoma, and movement disorders. Marijuana is also a powerful appetite stimulant and emerging research suggests that marijuana’s medicinal properties may protect the body against some types of malignant tumors, and are neuroprotective.
Tax Stamps
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.