Oklahoma Marijuana Laws

Possession

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.

Sale or Distribution

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.

Cultivation

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.

Hash & Concentrates

Hashish or concentrates fall under Oklahoma’s definition of marijuana and are Schedule I drugs.

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.

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.

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.

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.

Paraphernalia

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.

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.

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.

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