Oklahoma Marijuana Distribution Laws

What Is Possession With Intent To Distribute Marijuana in Oklahoma?

Oklahoma drug laws are some of the toughest in the United States. The state frowns on the possession of marijuana and mandates even steeper penalties for marijuana possession with intent to distribute. In Oklahoma, if you possess marijuana with intent to deliver it to someone other than by administering or dispensing it, you may be charged with marijuana possession with intent to distribute. The state defines "distribute" as the actual, constructive, or attempted transfer of marijuana from one person to another. This definition holds regardless of whether there is an agency relationship.

Like in some other states, no minimum quantity of marijuana is required to be charged with this crime. In the court, the prosecutor is not required to establish that any specific or traceable usable amount of marijuana was involved. A sale of the substance is not even needed to occur. If there is no suspicion of intent to distribute the substance, you are only likely to be charged with simple marijuana possession.

Can You Enter a Dispensary at 18 in Oklahoma?

You can only legally buy medical marijuana in Oklahoma as adult-use marijuana is illegal in the state. In order to be allowed to enter a medical marijuana dispensary in Oklahoma, you must be 18 or older. Minors can only purchase medical marijuana with the help of designated caregivers who must be 18 or older.

Can You Enter a Dispensary Without a Card in Oklahoma?

Medical marijuana dispensaries are the only kinds of approved cannabis dispensaries in Oklahoma. In order to purchase medical marijuana from such facilities, you must provide a physical state-issued medical marijuana identification card before entry. Authorized dispensaries can verify the eligibility of patients and caregivers to purchase medical marijuana by accessing the state's medical marijuana database.

What Are the Penalties for Possession With Intent To Distribute First Offense in Oklahoma?

The penalties for possession of marijuana with intent to distribute in Oklahoma are stiff. The punishments for second and subsequent convictions are even harsher. Per Title 63, Section 2-401 of the Oklahoma Statutes, it is unlawful for residents to possess marijuana with the intent to distribute it. For first-time offenders, marijuana possession with intent to distribute is punishable by:

  • $20,000 fine and a 2-year to life imprisonment term if the quantity is less than 25 pounds
  • Between $25,000 and $100,000 and a 4-year to life imprisonment term if the quantity is between 25 and 1,000 pounds
  • Up to $500,000, a 4-year to life imprisonment term, or both if the quantity is more than 1,000 pounds

Note that marijuana possession with intent to distribute to a minor is punished more severely, with the potential penalties typically doubled. Distributing marijuana within 2,000 feet of a public park, school, or public housing is a felony, punishable by a double penalty per fines and incarceration period. A conviction for the offense carries a mandatory minimum sentence of half of the imposed sentence.

Although several states are relaxing their marijuana laws, marijuana remains a Schedule I Controlled Substance in the United States. A person may not be charged with a federal crime for possessing marijuana at the state level. However, if caught transporting the substance across state borders or are part of a bigger operation, such an individual may face federal drug trafficking charges. The federal penalties for marijuana possession with intent to distribute are as follows:

  • Less than 50kg: Up to 5 years imprisonment
  • 50-99 kg: Up to 20 years imprisonment
  • 100-999 kg: 5-40 years imprisonment
  • 1,000 kg or more: 10 years to life imprisonment

Is It Legal To Sell Weed in Oklahoma?

No. The unlicensed sale of weed is illegal in Oklahoma. The state considers exchanging marijuana for money or any valuable item as selling the substance. You may be charged with drug trafficking or marijuana possession with intent to distribute if you are caught selling weed in Oklahoma.

How To Sell to Dispensaries in Oklahoma?

You can only sell medical marijuana in Oklahoma. You may be able to sell medical marijuana in the state if you have obtained a medical marijuana grower or processor license from the Oklahoma Medical Marijuana Authority (OMMA). The licenses are available to persons aged 25 or older. Per the Oklahoma Medical Marijuana and Patient Protection Act, 75% of the commercial applicant's ownership interests must comprise Oklahoma residents. You must pass a background check and ensure your property line is not within 1,000 feet of a public or private school. Processors must adhere to the regulations outlined under Title 63 O.S. § 420 et seq. and Section 310 of the Oklahoma Administrative Code (OAC).

Note that a new state law passed by the Legislature implements a moratorium on new growers and processor licenses from August 26, 2022. The moratorium will last two years, during which no new grower and processor licenses will be issued.

How To Get a Distribution License in Oklahoma

The State of Oklahoma does not issue cannabis distribution licenses. However, in order for medical marijuana growers and processors to transport medical marijuana from their facilities to dispensaries, the Oklahoma Medical Marijuana Authority (OMMA) issues transporter licenses simultaneously with approved grower and processor licenses. The transporter license permits the licensee to transport their own medical marijuana and medical marijuana products to other licensed businesses through its authorized transporter agents. For more information on obtaining medical marijuana licenses in Oklahoma, visit the commercial licenses page of the OMMA website.

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