Oklahoma Laws on Marijuana
Oklahoma laws on marijuana could change dramatically if voters approve State Question 788, which would legalize use of medical marijuana in the state. Currently, possession of any marijuana is a misdemeanor and is punishable by a $1,000 fine and less than one year of imprisonment for a first offense. Penalties increase for subsequent offenses or if you are on probation when you are arrested.
Oklahoma made big changes to its drug possession laws that went into effect on July 1, 2017, but charges for marijuana remain a misdemeanor. However, in 2018 voters will consider State Question 788. The question, if approved, would permit people with state-issued medical marijuana licenses to possess up to 3 ounces of marijuana on their person, 8 ounces in their home, 6 mature plants, 6 seedlings, 1 ounce of concentrated marijuana, and 72 ounces of edible marijuana. Licenses will be active for 2 years and cost $100, or $20 for those on Medicaid, Medicare, or SoonerCare.
Under the new law, possession of up to 1.5 ounces of marijuana by people with medical conditions who do not have a medical marijuana license would be a misdemeanor, punished by a $400 fine. The possession law for people with no medical condition and no license would remain the same, as described above.
The language describing what constitutes a medical condition and what determines eligibility for a license is very broad: “There are no qualifying conditions. A medical marijuana license must be recommended according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication.” Applicants need only get a physician’s recommendation and signature.
State Question 788 contemplates a regulatory scheme administered by the Oklahoma State Board of Health, which would issue medical marijuana licenses to qualified individuals over age 18 and grower’s licenses to businesses and individuals who qualify. People with medical marijuana licenses from other states could receive temporary Oklahoma licenses for 30 days at a cost of $100.
Again, State Question 788 will not be decided until 2018. Until then, any marijuana possession is a misdemeanor.
Charged with possession of controlled dangerous substances during a DUI traffic stop? Seek out a DUI attorney with the know-how to tackle your case the right way from the start. Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, now teaches other attorneys and law enforcement about sobriety testing techniques and defends Oklahoma drivers charged with DUIs. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.