Marijuana counts as a Schedule I substance under Oklahoma and federal law. The government defines Schedule I substances as drugs with no medical use and high abuse potential. While scientific evidence and anecdotal evidence points to the contrary, this classification means you can still face marijuana-related charges.
With no recreational marijuana allowed in Oklahoma, patients can only avoid penalties if they have a medical marijuana license. 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.