Pending States

Oklahoma Medical Marijuana Laws

Oklahoma Marijuana Possession Laws:

  • 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.

Oklahoma Sale or Distribution Laws:

  • 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.

Oklahoma Cultivation Laws:

  • 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.

Oklahoma Hash & Concentrates Laws:

  • Hashish or concentrates fall under Oklahoma's definition of marijuana and are Schedule I drugs.
  1. Oklahoma Stat. tit. 63 Section 2-101(23)
  2. Oklahoma Stat. tit. 63 Section 2-204(C)(12)
  • 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.
  1. Oklahoma Stat. tit. 63 Section 2-509
  • 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.
  1. Oklahoma Stat. tit. 63 Section 2-401
  •  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.
  1. Oklahoma Stat. tit. 63 Section 2-402(B)(2)
  2. Oklahoma Stat. tit. 63 Section 2-402(C)
  •  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.
  1.  Oklahoma Stat. tit. 63 Section 2-101(36)
  2.  Oklahoma Stat. tit. 63 Section 2-405