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Oklahoma Marijuana Laws

If you’re visiting this page, you’re probably wondering if Oklahoma is one of the latest states to legalize recreational marijuana use. The answer is "not yet." While northern neighbor Colorado was one of the first states to authorize recreational marijuana use, the Sooner State still prohibits all marijuana possession and sale. Here's a quick introduction to Oklahoma’s marijuana laws.

Marijuana Laws in Oklahoma

Although a few marijuana-related bills have been sponsored in recent years (both for recreational and medicinal use), none have made it even to the hearing stage. Therefore, marijuana possession and sale are illegal in Oklahoma, with sale in the state constituting a felony punishable by up to 20 years in prison depending on the amount and location of the sale, and the criminal history of the seller. The following table lists the specifics of Oklahoma’s marijuana statutes.

Code Section

Oklahoma Statutes Title 63 §2-101, et seq.: Uniform Controlled Dangerous Substances Act

Possession

Misdemeanor with penalty of up to 1 yr. or fined $10,000; Subsequent offense: felony, 2-10 yrs. Fine not to exceed $25,000; Within 1000 feet of school or in presence of child under 12: up to double penalties; subsequent offense: up to triple penalties

Sale

Felony, 2-10 yrs. and/or up to $5000; Subsequent offense: double penalties

Trafficking

Between 25-1000 lbs.: $25,000 to $100,000; Over 1000 lbs.: $100,000 to $500,000

It’s not just Oklahoma and other state marijuana laws that regulate pot. Marijuana possession, sale, and trafficking remain illegal under federal law by way of the Controlled Substance Act. And even though a state’s marijuana laws may say it’s legal, federal law always supersedes state law if there is a conflict. While federal law enforcement agencies have generally left policing in-state marijuana up to in-state authorities, the federal government hasn’t given up on enforcing restrictions on interstate cases of pot possession, manufacturing and cultivation and trafficking and distribution.

Related Resources for Oklahoma Marijuana Laws:

As we’ve seen in other states, drug laws can change, and they often do as our social norms regarding drugs and drug use continue to change. If you would like legal advice regarding a drug matter, you can contact an Oklahoma drug crime attorney in your area. You can also find more information and resources at FindLaw's section on Drug Charges. And if you or someone you know may have a drug addiction or a substance abuse problem, Oklahoma's Department of Mental Health and Substance Abuse Services has treatment resources that can help.

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