Marijuana Laws: “Weed Laws”
In Oklahoma, you can be charged and arrested for the unlawful possession of marijuana in any amount, no matter how small. Marijuana laws in Oklahoma include:
• Possession
• Cultivation
• Trafficking
Oklahoma has some of the toughest marijuana laws in the country. If you have been charged, the prosecution must prove very specific elements in order to convict you of a marijuana-related offense. As a result, finding the right attorney to represent you is essential.
Marijuana Possession
Under Oklahoma law, police can arrest you for possessing any amount of marijuana, even trace or residue amounts. This includes joints, roaches, and ashes or residue in a device used to smoke marijuana, such as a pipe or bong.
Possessing marijuana is a misdemeanor offense punishable by a maximum fine of $1,000 and no more than one year in jail. As of July 1, 2017, all simple possession charges are considered misdemeanors—even if you have prior drug offenses on your record.
Marijuana Cultivation: “Growing”
In Oklahoma it is illegal to grow, or cultivate, marijuana. It is also illegal to allow someone else to use your house or your land to grow marijuana. Additionally, the State of Oklahoma considers it the duty of every homeowner or landowner who discovers marijuana plants to destroy all such plants. Should the county or state have to destroy the plants, in addition to cultivation charges, the land will be taxed and liens against the land can be filed. If the landowner is unaware of the marijuana cultivation, he will not be taxed or charged with a crime.
The cultivation of marijuana in Oklahoma is a felony punishable by a fine up to $50,000 and imprisonment in the state penitentiary for a minimum of two years. A second or subsequent conviction is punishable by a term of imprisonment of four years and a $100,000 fine. If you are convicted of a second or subsequent offense, you will not be eligible for parole.
Marijuana Trafficking
Marijuana Trafficking is the most serious marijuana charge in the state of Oklahoma. The elements of trafficking include knowingly:
• Distributing
• Manufacturing
• Bringing into the state
• Possessing marijuana in the amounts set by the state
The penalties for trafficking marijuana in Oklahoma are as follows;
• 25 pounds or more: two years in prison and a fine of $25,000 to $100,000
• 1,000 pounds or more: considered aggravated trafficking; punishable by four years in prison and a fine of $100,000 to $500,000
If trafficking occurs within 2,000 feet of a school or public park, both the sentence and fine will be doubled.