Possession of Marijuana in Oklahoma City

Possession of Marijuana

The laws regarding the possession of marijuana in Oklahoma have undergone significant changes in recent years, particularly with the legalization of medical marijuana. However, recreational use and possession of marijuana remain illegal. Understanding the legal framework and penalties related to marijuana possession in Oklahoma is important for residents and visitors alike.

Legal Framework for Marijuana Possession

In June 2018, Oklahoma voters approved State Question 788, which legalizes medical marijuana. This allows individuals with a valid medical marijuana license to possess and use marijuana for medicinal purposes. However, recreational use of marijuana remains illegal in Oklahoma and possession of marijuana without a valid medical license can result in criminal charges.

Possession of Medical Marijuana

Licensed medical marijuana patients in Oklahoma can legally possess:

  • As much as three ounces of marijuana on their person.
  • As much as eight ounces of marijuana at their residence.
  • As much as one ounce of concentrated marijuana.
  • As much as 72 ounces of edible marijuana.
  • As much as six mature marijuana plants.
  • As much as six seedling plants.

To possess marijuana for medical purposes, an individual must obtain a medical marijuana license from the Oklahoma Medical Marijuana Authority. This requires a recommendation from a licensed physician.

Penalties for Possession Without a Medical License

For individuals without a medical marijuana license, possession of marijuana is still subject to criminal penalties, though recent legislative changes have lessened some of the harsher penalties for first-time offenders and small amounts.

First Offense (Small Amount):

  • Decriminalized Possession: For possession of up to 1.5 ounces of marijuana, the offense is decriminalized. Because of this, individuals face a misdemeanor charge with a maximum fine of $400.
  • Conditions: This applies if the individual can state a medical condition but does not possess a valid medical marijuana license.

Possession of Larger Amounts or Subsequent Offenses:

  • Misdemeanor Charges: Possession of larger amounts or repeat offenses can result in misdemeanor charges with penalties including up to one year in jail and fines up to $1,000.
  • Felony Charges: Possession with intent to distribute or trafficking can lead to felony charges with more severe penalties.

Additionally, possession of drug paraphernalia is also illegal without a medical marijuana license and can result in additional misdemeanor charges.

Recent Developments and Considerations

Oklahoma law allows for the expungement of certain marijuana-related convictions, particularly those that would not be considered crimes under current medical marijuana laws. This can help individuals clear their criminal records.

There have also been ongoing discussions and legislative efforts to further reform marijuana laws in Oklahoma, including potential legalization of recreational use. Keeping informed about these changes is important for understanding the current legal landscape.

Oklahoma City Criminal Defense Attorneys

In conclusion, while medical marijuana is legal in Oklahoma for individuals with a valid license, recreational use and possession remain illegal and can result in criminal charges. The penalties for possession without a medical license vary based on the amount and circumstances, with recent reforms reducing some penalties for first-time offenders. Understanding the specific legal framework and potential defenses is crucial for anyone facing marijuana possession charges.

If you’re facing charges, our criminal defense team at OKC Attorneys can help. Call us today at 405-367-8710 or ask a question online.