Updated on May 6, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
The state of Oklahoma has changed some of its policies regarding marijuana possession. Oklahomans with a medical marijuana license are permitted to have:
However, without a medical marijuana license, possessing more than 1.5 ounces of herbal cannabis will still lead to a misdemeanor charge (with the penalty of a fine, but no jail time).
The consumption of marijuana is legal in the home but illegal in public places. It is illegal to drive under the influence of marijuana, but Oklahoma residents with a medical marijuana license are allowed to drive with the marijuana in their car (closed and out of reach from the driver) if they do not cross state lines.
With no recreational marijuana allowed in Oklahoma, patients can only avoid penalties if they have a medical marijuana license. One in 13 adult Oklahomans has a patient card. With no qualifying medical conditions required, many patients find it easy to get approval, with many consultations happening via telemedicine.
Going beyond the scope of legal patient activities or medicating without a card can result in the penalties listed on this page. Learn more about liberties for registered patients in our guide to Oklahoma medical marijuana laws.
Possessing any amount of cannabis counts as a misdemeanor punishable with up to one year of imprisonment and $1000 in fines. As of July 1, 2017, first offenses and subsequent offenses have the same penalty limits. However, someone convicted of a first offense can request conditional release. Conditional release usually allows the person to have probation instead of a trial and avoid changes to their criminal record.
The penalties become more severe if you possess marijuana in certain areas. Possessing cannabis within 1000 feet of a school or public park counts as a felony punishable by double the usual penalties. This charge also applies to anyone who possesses marijuana in the presence of a child under 12.
Oklahoma considers cultivating any number of cannabis plants without a patient card a felony. Most cultivation penalties depend on the number of plants grown:
If you own land, you can receive between two years and life imprisonment and up to a $50,000 fine.
Under State Question 788, someone caught possessing up to one and one-half ounces of marijuana can receive a lighter penalty if they can prove that they have a medical condition. This offense counts as a misdemeanor punishable by up to a $400 fine.
Selling or distributing cannabis also counts as a felony. The punishment depends on the number of pounds of marijuana involved:
Selling to minors or conducting a sale within 2,000 feet of certain public spaces doubles both the imprisonment time and fine.
Every marijuana conviction can result in a suspension or revocation of your driver’s license. A suspension can last between six months and three years. The police may also seize your marijuana, vehicle or property. Anyone convicted of a nonviolent felony cannot get a medical marijuana business license for two years. Every cannabis offense other than possession counts as a felony.
Contact a member of NORML’s legal committee to find a lawyer who will defend you in court.