Oklahoma Marijuana Possession Laws

Is Possession of Marijuana Legal in Oklahoma?

Possession of marijuana in Oklahoma is legal only for approved patients with medical marijuana licenses signed by registered physicians. Such persons can possess up to 3 ounces of cannabis in public and 8 ounces in their private residences. Possession of recreational marijuana remains illegal in the state.

The Oklahoma Medical Marijuana Authority (OMMA) oversees the state's medical cannabis program. OMMA primarily maintains a registry of patients, physicians, and caregivers. The agency also issues licenses for growers, testing labs, processors, dispensaries, and transporters.

How Much Weed Is a Felony in Oklahoma?

In Oklahoma, any amount of weed possession is illegal unless for medical use for patients and caregivers registered with the OMMA. As per the Oklahoma Uniform Controlled Substances Act, cannabis is classified as a Schedule I substance. Therefore, marijuana possession without a prescription is illegal. The severity of an offender's punishment increases with respect to the amount of weed found, the location, and the type of marijuana found.

  • Individuals who possess above 8 pounds of marijuana in public or private have committed a class C felony. Those caught may face up to five years in jail and a $125,000 fine.
  • Carrying marijuana within 1,000 feet of a park, school/university, or in front of a child below the age of 12 is a felony. The offender penalty is a doubling of the fine and term of imprisonment. An offender must serve at least half of the received jail time.
  • Selling less than 25 pounds of marijuana is a felony punishable by a $20,000 fine and incarceration for two years.
  • Selling between 25-1000 pounds of marijuana is a felony punishable by a fine ranging from $25,000 - $100,000 and four years of jail time.
  • Selling 1,000 pounds or more of weed is a felony punishable by a fine of $500,000 maximum and a four-year to life imprisonment.
  • Selling weed to minors is a felony punishable by doubling the fine and incarceration period.
  • Cultivating as many as 1000 plants of weed is a felony punishable by a 20-year to life imprisonment and a fine of $25,000 maximum.
  • An individual that cultivates more than 1000 plants of weed has committed a felony punishable by a 20 year to life imprisonment and a fine of $50,000
  • A landowner that cultivates marijuana without licensing has committed a felony punishable by a fine of $50,000 and imprisonment between 2 years and life.

What Are the Penalties for 1st Time Offense of Possession of Weed in Oklahoma?

In Oklahoma, possessing weed for recreational purposes and without a marijuana card is illegal. However, first-time offenders with clean criminal records often get lesser penalties than former offenders.

For instance, a first-time offense of possessing any amount of marijuana is a misdemeanor. The general punishment is one-year imprisonment and a fine of $1000. However, a first-time offender may get a deferred sentence where the court places the defendant on probation before sentence.

To complete the probation period and get the case dismissed, first-time offenders must fulfill the terms of probation. Probationary conditions might include:

  • Not committing any other offenses.
  • Attending drug-related classes.
  • Making restitution.
  • Paying fines.
  • Completing community service.
  • Paying monitoring fees.
  • Activating an interlock.

If a defendant breaches the terms of a deferred judgment, the court will cancel the probation and find them guilty. The defendant may also get the maximum imprisonment or prison term permitted by the statute that was broken, according to the court. The defendant may also be "sanctioned" by the court by receiving a penalty like an additional 30 days behind bars or community work.

Where to Buy Legal Weed in Oklahoma

Oklahoma residents can only buy weed from state-licensed retailers for medical purposes. The Oklahoma Medical Marijuana Authority has a list of approved dispensaries for interested persons. Sales of legal weed for qualifying individuals may take place online or at physical shops.

  • Dispensaries will request a medical marijuana card licensed by the OMMA. Individuals must be 18 years or older and a state resident to obtain this card. Although the state does not require a qualifying medical condition, written approval from a certified physician is necessary. Generally, applications are either accepted or denied within 14 days. The card costs $100 (maybe less with Medicaid or other insurance) and lasts two years.
  • Non-residents possessing a marijuana card from another state may obtain a 30-day temporary patient license which costs $100.
  • As for a minor, approval from a parent/legal guardian and two Oklahoma board-certified physicians is a requirement to buy medical marijuana. The state does not allow patients under the age of 18 to enter dispensaries to buy weed. Also, patients may not donate, transfer ownership, or sell marijuana to other patients.

How Old Do You Have to Be to Buy Weed in Oklahoma?

Interested parties must be 18 years old and above to buy weed in Oklahoma. Registered persons below this age can only buy weed with the help of their registered caregivers. Any individual in Oklahoma purchasing weed under the age of 18 may be charged with a misdemeanor punishable by a fine of up to $1000.

How Much Weed Can You Carry in Oklahoma?

In Oklahoma, residents above 18 can carry between an ounce (28 grams of weed) and three ounces of marijuana for medical use in public. In private residences, individuals can possess up to eight ounces of weed. Individuals can also carry:

  • Up to an ounce of concentrated marijuana
  • As many as six mature marijuana plants
  • As much as 72 ounces (2041.17 grams) of edible marijuana
  • Up to six seedling plants

Carrying more than three ounces of weed in public may lead to a fine of up to $1000 and a one-year jail time. In addition, offenders caught with more than three ounces of weed opened in a car may get their licenses suspended.

What Happens if You Get Caught With Weed Under 18 in Oklahoma?

Minors below the age of 18 found with marijuana may face charges under Oklahoma's juvenile court system. Generally, underage cannabis use for recreation is a crime, while medical patients are only permitted to purchase weed through their caregivers. As a result, minors caught with either medical or recreational marijuana will face charges which include:

  • Simple ownership is classified as a misdemeanor and is punishable by up to one year in jail.
  • The Oklahoma juvenile court system gives first-time offenders with a little amount of weed the opportunity to get their sentence deferred.
  • Deferred judgment places offenders on probation before pronouncing the final sentence. If minors complete the probation period successfully, their charges will be dismissed while their criminal history will remain clean.
  • When offered the opportunity to rehabilitate themselves from drug use, minors are more likely to make amends and be restored than when faced with heavy punishment and a criminal record.

How Many Marijuana Plants Can You Have in Oklahoma?

Six mature plants. In Oklahoma law, patients with medical marijuana cards can possess up to six mature plants and six seedlings. Generally, it is prohibited to grow cannabis plants in all open spaces. As such, approved patients should only plant in private residences or with landlords' permission.

A business entity in Oklahoma may lawfully cultivate cannabis for medical purposes if it has a license as a medical marijuana grower. Only authorized processors and dispensaries may purchase from licensed producers. Commercial licenses for growing marijuana costs $2,500 for the application fee. Each renewal costs $2,500 and takes place annually. Generally, applicants must be above 25 years and an Oklahoma resident.

How Much Weed Can You Fly With from Oklahoma?

Carrying weed (either recreational or medical) across state lines is a criminal offense since marijuana possession remains illegal according to federal laws. However, the Transportation Security Administration allows residents to travel with low-THC (below 0.3% THC) herbal weed.

That said, authorized patients can take up to the legal amounts of marijuana on flights inside the state of Oklahoma. Therefore, if you must carry medical marijuana with you on vacation, be aware that it might not be treated any differently from marijuana used for recreational purposes. This suggests that if medical marijuana is found during airport security checks, it may still be seized even if you have an Oklahoma medical marijuana license.

Is It Illegal to Be High in Public in Oklahoma?

Yes. It is a criminal offense in Oklahoma to get high in public, according to the Smoking in Public Places and Indoor Workplaces Act. However, the Oklahoma Medical Marijuana Authority approved residents can use legal weed in their homes or in rented apartments with landlords' consent.

Furthermore, driving while under the influence of marijuana is an offense in Oklahoma. Persons caught operating a car while impaired by marijuana may face jail time, penalties, and license suspension. Apart from the six-month license suspension, the court may also order installing an ignition interlock device in offenders' automobiles if caught driving under the influence of marijuana.

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