Marijuana Related Penalties in Oklahoma

  • Possession of any amount of marijuana – first offense: a maximum of one year in jail for the first offense. Conditional discharge is a possible for first offense
  • Possession of any amount of marijuana – subsequent offenses: minimum 2 years, maximum 10 years in prison
  • Cultivation of 1,000 plants or less: minimum 2 years, maximum life imprisonment. Maximum fine $20,000
  • Cultivation of more than 1,000 plants: minimum 20 years, maximum life imprisonment. Maximum fine $50,000
  • Sale or delivery of less than 25lbs of marijuana: minimum 2 years to maximum life in prison. Maximum fine $20,000
  • Sale or delivery of 25lbs or more: minimum jail sentence increases to 4 years. Maximum life imprisonment. Minimum fine $25,000, maximum fine $100,000
  • Sale or delivery of 1,000lbs or more: jail sentences remain the same but the minimum fine is increased to $100,000, maximum fine increases to $500,000.
  • Sale to a minor: penalties double
  • Sale within 2,000 feet of schools, public parks or public housing: penalties double and a minimum of 50% of the imposed sentence must be served
  • Any person aged 18 or over who delivers or sells drug paraphernalia to a minor – i.e. a person aged 18 years of age or less – age shall, upon conviction, be guilty of a felony and causes driver’s license suspension for 6 months to 3 years.
  • Any person convicted of any offense described in this section shall, in addition to any fine imposed, pay a special assessment trauma-care fee of One Hundred Dollars ($100.00) to be deposited into the Trauma Care Assistance Revolving Fund.
  • If the accused has never had a previous conviction under any statute of the United States or of any state relating to narcotic drugs, marihuana, or stimulant, depressant, or hallucinogenic drugs, and if the accused pleads guilty to or is found guilty of possession of a controlled dangerous substance, the court may, without entering a judgment of guilt and with the consent of such person, defer further proceedings and place him on probation upon such reasonable terms and conditions as it may require including the requirement that such person cooperate in a treatment and rehabilitation program of a state-supported or state-approved facility, if available.
  • Any student loan, grant, fellowship, teaching fellowship or other means of financial assistance authorized by and/or under the control of the Oklahoma State Regents for Higher Education, any operating Board of Regents of Oklahoma Universities or Colleges, or any employee or employees of any university, college or other institution of higher learning, whether such loan, grant, fellowship, teaching fellowship or other means of financial assistance be financed by state or federal funds, or both, may be revoked or terminated by the person or persons authorizing and/or controlling same for any of the following reasons:
    • unlawful manufacture of narcotic drugs, marijuana, barbiturates or stimulants
    • preparation of narcotic drugs, marijuana, barbiturates or stimulants
    • delivery of narcotic drugs, marijuana, barbiturates or stimulants
    • sale of narcotic drugs, marijuana, barbiturates or stimulants
    • offering for sale of narcotic drugs, marijuana, barbiturates or stimulants
    • barter of narcotic drugs, marijuana, barbiturates or stimulants
    • furnishing of narcotic drugs, marijuana, barbiturates or stimulants
    • giving away of narcotic drugs, marijuana, barbiturates or stimulants
    • possession of narcotic drugs, marijuana, barbiturates or stimulants
    • control of narcotic drugs, marijuana, barbiturates or stimulants
    • use of narcotic drugs, marijuana, barbiturates or stimulants
    • administration of narcotic drugs, marijuana, barbiturates or stimulants

Legalization of Medical Marijuana in Oklahoma

Moves to legalize medical marijuana in the state of Oklahoma take a step forward on November 2, 2010, when Oklahoma Senate Joint Resolution 13 appears on the ballot under the official heading of State Question 750. The proposal by senator Randy Brogdon seeks to amend the Oklahoma Constitution to change the formula for calculating the number of signatures needed to get an initiative or referendum onto the ballot. Currently, the number of signatures required is based on a percentage of the votes cast in the last general election. Senator Brogdon’s proposal seeks to have the formula based solely on the last Governor’s race, which would keep the number of signatures required constant rather than changing every two years as it does at the moment.

Proposed legislation for the use of medical marijuana in Oklahoma covers the following medical conditions:

  1. Cachexia or wasting syndrome
  2. Severe pain
  3. Severe nausea
  4. Seizures, including those characteristic of epilepsy
  5. Severe and persistent muscle spasms, including those characteristic of multiple sclerosis or Crohn’s Disease
  6. Any other medical condition for which a qualifying patient’s physician has determined the medical use of marijuana is appropriate

Oklahoma Compassionate Care Campaign’s Proposed Legislation

Summary of states with pending medical marijuana legislation


Author Dianne Morgan

More posts by Dianne Morgan

Join the discussion 16 Comments

  • Jenni Fallin says:

    Medicinal Marijuana is legal in Tulsa. I don’t know why the state won’t just let our town do what it wants and stop policing us. It’s the state legislatures that don’t support it, our local government is actually close enough to the people to give them what they want. Keep up the fight Connie, at least one of our representatives speaks on behalf of the people.

  • adam says:

    Small minds stuck in proabition days. Oh yes, the days of reefer madness. Rock and roll was new and only the “black” jazz musicians had reefer. TV was in black and white. Oh yes ignorence was bliss,everyone asumed “reefer” was bad and made you go insaine. Now the year is 2013, lets see “reefer” is classed in the same catagory as the big “H”. Yes thats right! I live in pain everyday of my life! I smoke pot. My doctor gives me 60 loritabs a month. No way will I take that. It is horrible on my body. Who is one person to say I cant have something I want and need. Who are you? One person to say no? I live in the land of the free? Really?

  • Suzie says:

    How can we make it happen and who do we get ahold of to make this pass?

  • yes sir….If pot is so bad and leads to harder drugs…please explain to to me …alcohol and tobacco….I’ve never heard of anyone dying from medical pot or legal pot..???? but look at the deaths of alchol and tobacco…I see no health benefits from any of those…but medical pot has no link to harder drugs its just an excuse….right Mary Fallin…just an excuse….pass the bill and help your fellow americans…and stop opposing it…unless you see a better benefit in alcohol and tobacco…by all means we all know it doesn’t lead to harder drugs…its alchol and tobacco that does that and pot is not addictive…its no worse than your having a social drink when out with the girls or at home…but this will be helping alot people especially cancer patients like me..I’m a Veteran and fought so you can be free and now denie me of something that can really ease pain in a big way….pass the bill Mary Fallin PAS THE BILL>>>people died from overdose from pot and it doesn’t lead to harder drugs..itas a bad rumor…PASS THE BILL and lookm at the medical benefits…and all the people you’d be helping…under age people smoke and drink, and smoke pot….at least it’ll be medical and helping people cope through life threatening health issues…PASS THE BILL ….AND CONTROL IT PASS IT ….THANK YOU CANCER VICTIM FROM VIETNAM…

  • I’m a stage 4 mastastic bone cancer vietnam veteren…I’m 59 years old…lets legalize medical pot ..I’m on a lot of pain killers…I dont like pills…Oklahoma consider what the tax and income would be for the state…not to mention how it helps others like me…Mary Fallin pass the bill….!!!!! take care of the VETS that made this country free…and also people in need of this medicine you call bad and illegal…help the people of Oklahoma…PASS THE BILL>>>PASS THE BILL>>>>PASS THE BILL….if it was all that bad it wouldn’t be passed in the other states….Arkansas has just approved it…whats wrong with Oklahoma?????????

  • crystal s. says:

    i for one say medical marijuana should been given to the one’s who need it. me and my boyfriend both have muscle spasms. i also have characteristic of multiple sclerosis. it is to the point where we have tried every pain pill a doctor can give us. all i got to say is the dam oklahoma leaders need to get their heads out of their asses and pass the dam bill.

  • Brent says:

    Mary Fallin was having sex on the side of the road with married highways patrols officers and helping destroy marriages. How can she be the moral authority on anything??? Medical marijuana should be available in this state by (pill form) at least if not by other means. I cannot even use the word governor with her name. It’s time to wake up and take your state back people look at the all the money being wasted in Oklahoma congress under her rule onassis that go against our constitution. Bunch of idiots and that’s all I have to say. If you think I smoke pot then you would be wrong because I don’t. I have patients who benefit from its use and they need to be able to obtain it legally.

  • uknowmetoo says:

    I’m with you all, trust me. But it will never happen under Governor Fallin’s rule. Even if a voter petitian/initiative were to pass, she would never sign it into law. She takes a very hard and public stance on this issue. As soon as she was elected every “rights advocacy group” left us and will not be back while she is in office, even the smaller local groups have given up and or helping out the other states that have a chance to pass, mainly Arkansas.

    Although sad, you can’t blame them for concentrating on other states that have a chance for passing. As I see it, the only way for change in Oklahoma is voting her out, the “sooner” (get it, lol) the better!

  • Ashlynn says:

    I am an Oklahoman and I proudly say I am pro pot. It is a medicine!!!

    Why are our senators and lawmakers killing off the population by prescribing harmful drugs to us? Why not regulate, and tax the stuff to actually HELP and not cause others health issues in the future?! These are all questions that many Oklahomans want to be answered.

    We need to work together to make something happen in our state. Our state was one of the last states to not legalize alcohol, and it’s feared to be the same case with marijuana. Let’s work together, research, and get the ball rolling to legalize medical marijuana! It’s not going to happen if we sit back and let others make our laws for us, this is going to take some determination.

    We can do it guys!!!

  • Shawn Strickland says:

    Oklahoma’s Cannabis laws need to change and meet the needs for all with health problems, I’d love to be able to try medicinally grown cannabis for my anxiety and coping issues.

  • mike buhler says:

    Here we go again all legal pill pushers telling us take these pills for a disease but has 20 other side effects. I have seizures so i have to take dilantin for which kills my liver plus i have hep.c but the doctor said either i die from liver problems or have seizures. I didnt have to take my dilantin when i smoke pot and didnt have to worry about having liver problems but just like oklahoma kansas they wont legalize it just cuz they are making to much money off the pharmacuticals.Thanks to our gov. that dont listen to the people they do what they want. I thought it was WE THE PEOPLE FOR THE PEOPLE AND BY THE PEOPLE? not the gov. I guess if they dont want to vote it in we need to vote them out.

  • richard says:

    Im a military veteran with ptsd and cronic joint and back pain cannibus is the only thing that cures both and help me keep my appitite and still be able to function in my everyday life. Legalize it!!!!!!!!

  • accountability burns says:

    well, well, well…. 15 states have legalized medical marijuana and more states are jumping on board yet, marijuana is still considered a schedule I narcotic with heroin and cocaine! hello?! Ignorance is rampant among political agendas…

    • Matt says:

      16 states Legal 11 consideration 23 dum ass Illegal. Its going to be legal for dogs by the end of the year in some states? WTF? Looks like some states needs to get thinks going?????? COME ON OKLAHOMA!!!!!!

  • Ricky B says:

    I am severe type 1 diabetic that has lead me to have complications such as neuropathy which leaves me in constant pain I choose marijuana over a narcotic called lyrica because of the side effects of it such as temporary blindness please help oklahoma out so I dont have to worry about going to jail because im in pain.

  • Kim Rumler says:

    That is CRAZY! So it’s o.k. for someone to slowly kill their internal organs with prescription drugs (a multibillion $ business) but if you’re found with marijuana you go to prison. Move to Michigan or some other state that doesn’t want to put their residents into prison (with serial killers, rapist, and child molesters) for marijuana.

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