UPDATED: Oklahoma’s Current Marijuana Laws 2020

2021 UPDATE of Oklahoma’s Marijuana Laws:

Oklahoma’s marijuana laws continue to evolve as the medical marijuana industry grows to new heights in the state. Most of the 2021 changes, so far, have introduced stricter regulation on the growing and selling of medical marijuana:

  • The Oklahoma Medical Marijuana Authority (OMMA) is implementing a seed-to-sale monitoring system, tracking each individual marijuana plant and package from the farm to the point of sale.
  • OMMA is also implementing a quality assurance program so that every package sold to customers will be up to standards set by the state.
  • House Bill 2272 recently passed in the Oklahoma House of Representatives and is being considered in the Senate. This bill would cap the number of commercial licenses that OMMA can distribute in an effort to combat organized crime from dominating the industry.

For the most part, these changes will not have much effect on the legality of possession and usage for the average Oklahoman. There is some discussion in the House of legalizing recreational marijuana via a state-wide referendum, but the bill that would introduce that referendum, HB 1961, is still being discussed in committee.


2020 UPDATE of Oklahomas Marijuana Laws: 

The state of Oklahoma has changed some of its policies regarding marijuana possession and usage (Bill HB 26126 signed in March 2019) since this blog was originally posted. Citizens of Oklahoma with a medical marijuana license are permitted to have the following:

  • Up to 8 ounces of marijuana at home
  • Up to 3 ounces of marijuana on their person
  • Up to 1 ounce of concentrated marijuana
  • Up to 72 ounces of edible marijuana
  • Up to 6 mature marijuana plants
  • Up to 6 seedling plants

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.



Oklahoma’s current marijuana laws are quite different from those in some blue states and our Canadian neighbors to the north. Location matters just as much as the other facts of the situation when determining whether using marijuana is legal. Unfortunately, Oklahomans face comparably harsh penalties for using marijuana in the Sooner State.

Oklahoma’s Marijuana Laws

The state of Oklahoma has legalized the use of medical marijuana for those with certain medical conditions.  However, there are plenty of questions as to how the medical marijuana program will be implemented. The sad truth is Oklahoma law enforcement has not taken action to simplify the legality surrounding marijuana.  The confusion surrounding Oklahoma’s marijuana laws have spurred numerous meetings between state law enforcement and state lawmakers.

At the moment, Oklahoma’s medical marijuana rules state an individual without a state license will be subjected to a minimum of a $400 fine if he or she has 1.5 ounces or less of cannabis.   However, if the individual in question does not have a medical condition that allows for the use of marijuana, the penalties will be substantially worse. It is particularly interesting to note Oklahoma has a distinct law that decriminalizes the possession of low level drugs.  This is precisely why Oklahoma law enforcers are a bit confounded as to which laws should be followed. Some state police officers have stated they can rely on old laws to legally arrest those who possess marijuana without the state’s medical license. This means it is up to the law enforcement agent to either arrest an individual caught with marijuana or let the matter go with a mere fine.

The Specifics of the Sooner State’s Marijuana Laws

The Sooner State recently altered its marijuana laws with the passage of State Question 788.  The new rules apply lower misdemeanor charges for drug possession. If an individual is found with 1.5 ounces or less of medical cannabis, $400 is the maximum fine he or she will face.  There is no jail time for those found with 1.5 ounces or less of this variety of marijuana. In fact, it is even possible to file an appeal to have prior marijuana convictions altered to reflect the new rules.  Though marijuana laws have clearly changed, it is still illegal for Oklahomans to possess or grow medical marijuana without the appropriate license.

Those who are approved for medical marijuana use in the state of Oklahoma are limited to certain CBD products.  State lawmakers wrote the new marijuana rule to be CBD-specific. This means patients who qualify for the use of CBD products will be able to use marijuana to treat their condition as long as the CBD product does not have more than 3/10 of a single percentage of THC.  THC is the psychoactive component of marijuana.

What Oklahoma’s Law States About Driving While Under the Influence of Marijuana

According to H.B. 1441, an individual who has a Schedule 1 controlled or chemical substance in his or her body when driving a motor vehicle will be jailed for a minimum of 10 days and upwards of an entire year or longer.  Unfortunately, marijuana is still a Schedule 1 drug. If an individual is found guilty of operating motor vehicle a second time while under the influence of marijuana, the sentencing will be even longer.

Some of those found guilty of crimes related to marijuana charges will lose more than their weed.  Oklahoma law allows for any property or vehicles to be seized if they were involved in the charges relating to marijuana.  Furthermore, it is possible for those convicted of cannabis-related crimes to have their driver’s license suspended for upwards of three years.  

Recreational Cannabis in Oklahoma

At the moment, Oklahoma does not permit the use of recreational cannabis.  Though cannabis laws are changing in some states, Oklahoma still limits cannabis consumption to those with certain medical problems.  Thanks to State Question 7890 that went into effect in July of 2017, all marijuana charges in the state of Oklahoma are misdemeanor charges.  It does not matter if the individual in question has a single marijuana offense or dozens of marijuana offenses; the possession charge will remain as a misdemeanor.

Furthermore, Oklahoma has a tax stamp law for those found with cannabis.  Those in possession of illegal marijuana are forced to buy a stamp issued by the state of Oklahoma.  This stamp is placed on the contraband. The per gram tax stamp rate is currently $3.50. Those who do not comply with the tax stamp law will face a penalty that is 200 times as severe as the tax stamp rate.

What are the Oklahoma laws regarding meth use

To combat the increased use of Meth, the Oklahoma legislature has taken steps to set penalties for meth use, distribution, and manufacturing.

Here’s what you need to know…

Meth use has risen so much in Oklahoma that in 2016, methamphetamine was the leading source of overdose deaths in the state, according to a report from the nonprofit journalism website Oklahoma Watch.

The report states that 952 died of drug overdoses in 2015. Of those overdose deaths, crystal meth was a factor in 328 of them. Worth noting is that most of the crystal meth being used in Oklahoma comes from Mexican drug cartels. Clandestine, at-home meth labs have decreased drastically over the past several years, in part because of stricter laws enacted to make it harder to get the ingredients used to make meth in these kinds of labs.

What are the laws regarding possession of methamphetamine in Oklahoma?

There are four subsets of laws regarding crystal meth in Oklahoma. These include:

  • Methamphetamine possession – As of July 2017, simple possession of methamphetamine is considered a misdemeanor. It is punishable by a maximum sentence of one year in jail and a $1,000 fine.
  • Methamphetamine distribution – Unlike drug trafficking laws in Oklahoma, there is no minimum amount of crystal meth you must possess in order for you to be charged with possession with intent to distribute. What does this mean? It means that if police believe the amount you have is more than what they consider for personal use, you can be charged with possession with intent to distribute.
  • Methamphetamine manufacturing – If you are found guilty of manufacturing meth in Oklahoma, the first conviction could land you with up to seven years in prison. If you have a previous criminal record, that sentence could end up being for life. The minimum fine for manufacturing less than 50 grams of methamphetamine is $50,000. If you are convicted of producing more than 50 grams of methamphetamine, you are facing a 20-year minimum prison sentence. You would have to complete at least 85 percent of your prison sentence before being considered for parole. If it is your second offense, you could be sentenced to double the prison sentence of your first conviction.
  • Methamphetamine trafficking – The punishment for trafficking is 4 years to life, and you must serve 50% of your sentence before being eligible for enhanced credits. The fine depends on how much crystal meth you were convicted of trafficking. If it’s 20 grams or more, the fine can be anywhere between $25,000 to $250,000. If it’s 200 grams or more, the fine can be anywhere between $50,000 to $500,000. It’s important to note that if you are found guilty of trafficking near a school or a public park (within 2,000 feet), those fines and prison sentences can double.

Methamphetamine charges are a serious matter in Oklahoma. Even with the modification of methamphetamine possession laws that took effect in July 2017, Oklahoma’s drug laws are among the harshest in the United States. You need the help of an experienced criminal defense attorney to handle your case.

If you or someone you love has been charged with methamphetamine possession, manufacturing, or distribution, contact Jacqui Ford’s office today for a consultation.