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Are Head Shops Illegal in Oklahoma?

Are Head Shops Illegal in Oklahoma?

Are Head Shops Illegal in Oklahoma?

Head shops are stores that sell rolling papers, smoking accessories, and what police might call “drug paraphernalia”, along with tobacco and other legal products. Law enforcement in Oklahoma have cracked down on head shops over the past few years, claiming that they sell items used to take drugs. For instance, a market that sold glass pipes has been repeatedly targeted for arrests and civil asset forfeiture.

Oklahoma law defines drug paraphernalia as “all equipment, products and materials of any kind which are used, intended for use, or fashioned specifically for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body, a controlled dangerous substance.” 63 O.S. § 2-101. This lengthy definition includes items like pipes, syringes, roach clips, bongs, vaporizers, and other items.

It is illegal in the state for any person to use drug paraphernalia to ingest controlled dangerous substances, with the exception of licensed medical providers. It is also illegal to possess, sell, manufacture, or deliver drug paraphernalia if you know or reasonably should know that it will be used to take drugs, make them, or hold them. 63 O.S. § 2-405. These offenses are punishable as misdemeanors with 1-year terms of imprisonment and $1,000 fines. Delivering or selling drug paraphernalia to a minor, however, is a felony.

Because selling drug paraphernalia is illegal in Oklahoma, employees at head shops that sell it can get in trouble with the police. Items like glass pipes that can be used to smoke tobacco, however, may not qualify as paraphernalia (which is what the market owner targeted for arrest has claimed). Head shops and other stores selling tobacco-related items must toe the line between selling paraphernalia and selling items that can be used for legal substances. With the upcoming vote on legalizing marijuana in Oklahoma, that line may become much more blurry.

To learn more about marijuana and head shop laws in Oklahoma, seek out the local criminal defense attorney with the experience and knowledge you need. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, follows key changes in Oklahoma law to find the best defenses for his clients. Schedule a case evaluation by visiting Patterson Law Firm online or calling Clint’s office at (918) 550-9175.