2022 UPDATE of Oklahoma’s Marijuana Laws:
As of January 2022, possession and sale of recreational marijuana is still illegal in Oklahoma under Oklahoma Statutes Title 63 §2-101, et seq., also known as the Uniform Controlled Dangerous Substances Act.
Possession of recreational marijuana can lead to a misdemeanor charge with a penalty of up to 1 year or a fine of $10,000. Subsequent charges (or certain circumstances) can lead to increased penalties.
Selling recreational marijuana in Oklahoma is a felony punishable by between 2-10 years in person and/or a fine of up to $5000.
However, it’s important to note that marijuana use for medical purposes (medical marijuana) is allowed for certain conditions, in accordance with HB 2154 (approved in 2015) and SQ 788 (approved on June 26, 2018).
According to the Oklahoma State Department of Health Medical Marijuana Control Program (310:681-2-11):
- “All smokable, vaporized, vapable and e-cigarette medical marijuana and medical marijuana products smoked by a patient license holder are subject to the same restrictions for tobacco under Section 1-1521 et. seq. of Title 63 of Oklahoma statutes, commonly referred to as the “Smoking in Public Places and Indoor Workplaces Act.”
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.
ORIGINAL POST:
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.
