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Possession

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.

See:

• Oklahoma Stat. tit. 63 Section 2-402(B) II

Sale or Distribution

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.

See:

• Oklahoma Stat. tit. 63, Section 2-401(CO8)

Cultivation

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.

Hash Concentrates

Hashish or concentrates fall under Oklahoma's definition of marijuana and are Schedule I drugs.

See:

• Oklahoma Stat. tit. 63 Section 2-101(23)
• 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.

See:

• 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.

See:

• 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.

See:

• Oklahoma Stat. tit. 63 Section 2-402(B)(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.

See:

• Oklahoma Stat. tit. 63 Section 2-101(36)
• Oklahoma Stat. tit. 63 Section 2-405

Paraphernalia

A conviction for possession of paraphernalia is a misdemeanor that is punishable by up to one year imprisonment as well as a $1,100 fine.

A second paraphernalia conviction is a misdemeanor that is punishable by up to one year imprisonment as well as a $5,100 fine.

A third paraphernalia conviction is a misdemeanor that is punishable by up to one year imprisonment and a $10,100 fine.

See:

• Oklahoma Stat. tit. 63, Section 2-405(B)

Miscellaneous

Any conviction will lead to a driver's license suspension from 6 months to 3 years. Immediately revoke for any conviction of misdemeanor or felony conviction for possessing, distributing, dispensing, manufacturing, trafficking, cultivating or selling a controlled substance.

See:

• Oklahoma Stat. tit. Section 47 6-205(A)(6)

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e. compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here .

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.