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| Marijuana Laws in Oklahoma | |||
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| POSSESSION | |||
| any amount (first offense) | misdemeanor | 1 year* | fine |
| any amount (subsequent offense) | felony | 2 - 10 years | fine |
| *Conditional discharge available. | |||
| CULTIVATION | |||
| 1000 plants or less | felony | 2 years - life | $20,000 |
| More than 1000 plants | felony | 20 years - life | $50,000 |
| SALE | |||
| Less than 25 lbs | felony | 2 years - life | $20,000 |
| 25 lbs to 1000 lbs | felony | 4 years - life | $25,000 - $100,000 |
| 1000 lbs or more | felony | 4 years - life | $100,000 - $500,000 |
| To minors | felony | double penalty | double penalty |
| Within 2,000 feet of schools, public parks or public housing | felony | double penalty + MMS** | double penalty |
| **Mandatory minimum sentence of 50% of the imposed sentence. | |||
| MISCELLANEOUS | |||
| paraphernalia | misdemeanor | 1 year | no more than $1,000 |
| paraphernalia (2nd offense) | misdemeanor | 1 year | no more than $5,000 |
| paraphernalia (3rd offense) | misdemeanor | 1 year | no more than $10,000 |
| Any conviction causes driver's license suspension for 6 months to 3 years. | |||
| DETAILS | |||
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Possession of any amount of marijuana is punishable by up to one year in jail for the first offense and 2 - 10 years in prison for subsequent offenses. Conditional discharge is available to first time offenders. Cultivation of 1,000 plants or less is punishable by 2 years - life in prison and a fine up to $20,000. Cultivation of greater than 1,000 plants is punishable by 20 years - life in prison and a fine up to $50,000. Sale or delivery of less than 25 pounds is punishable by 2 years - life in prison and a fine of $20,000. For sale or delivery of 25 pounds or more the penalties increase to 4 years - life in prison and a fine of $25,000 - $100,000. Sale or delivery of 1,000 pounds or more is also punishable by 4 years - life in prison, but the fine increases to $100,000 - $500,000. Any sale to a minor doubles the penalties. Sale within 2,000 feet of schools, public parks or public housing doubles the available penalties and carries a mandatory minimum sentence of 50% of the imposed sentence. If eighteen (18) years of age or over who delivering/ selling drug paraphernalia to a person under eighteen (18) years of age shall, upon conviction, be guilty of a felony and causes driver's license suspension for 6 months to 3 years. Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund. If never been previously convicted these offenses under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, pleads guilty to or is found guilty of possession of a controlled dangerous substance, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require including the requirement that such person cooperate in a treatment and rehabilitation program of a state-supported or state-approved facility, if available. Any student loan, grant, fellowship, teaching fellowship or other means of financial assistance authorized by and/or under the control of the Oklahoma State Regents for Higher Education, any operating Board of Regents of Oklahoma Universities or Colleges, or any employee or employees of any university, college or other institution of higher learning, whether such loan, grant, fellowship, teaching fellowship or other means of financial assistance be financed by state or federal funds, or both, may be revoked or terminated by the person or persons authorizing and/or controlling same for any of the following reasons: unlawful manufacture, preparation, delivery, sale, offering for sale, barter, furnishing, giving away, possession, control, use or administering of narcotic drugs, marijuana, barbiturates or stimulants. |
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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. 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. Marijuana 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. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties . |
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