Offense Penalty Incarceration Max. Fine Possession Any amount (first offense) Misdemeanor 1 year $ 1,000 Any amount (subsequent offense)* Misdemeanor 1 year $ 1,000 * Effective 07/01/2017 Sale or Distribution Less than 25 lbs Felony 2 years - life $ 20,000 25 - 1000 lbs Felony 4 years - life $ 100,000 1000 lbs or more Felony 4 years - life $ 500,000 To a minor carries a double period of incarceration and fine. Within 2000 feet of schools, public parks, or public housing carries a double period of incarceration and fine, and a mandatory minimum sentence. Cultivation See Possession and Sale sections for details. Hash & Concentrates Possession Misdemeanor 1 year $ 1,000 Distributing, dispensing, transporting or possession with intent Felony 2 years - life $ 20,000 Converting marijuana into hashish or concentrates Felony 2 years - life $ 50,000 Paraphernalia Possession of paraphernalia (first offense) Misdemeanor 1 year $ 1,000 Possession of paraphernalia (second offense) Misdemeanor 1 year $ 5,000 Possession of paraphernalia (third offense) Misdemeanor 1 year $ 10,000 Miscellaneous Any conviction will lead to a driver's license suspension from 6 months - 3 years.

Penalty Details

Marijuana is classified as a Schedule I drug. The definition of marijuana excludes the mature stalks of marijuana and any fiber produced from the stalks and oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marihuana plant,

Possession

Possession of any amount of marijuana is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000 [conditional release is possible for a first offense].

Beginning on July 1, 2017, a second offense for possession of any amount of marijuana is a misdemeanor with a term of imprisonment of up to one year and a fine of up to 1,000

Possession of marijuana within 1,000 feet of a public or private school or university, public park or in the presence of a child under the age of 12 is a felony. This charge is punishable either by a doubling of the term of imprisonment or fine or both. A person convicted under this section must serve a mandatory minimum sentence of 50% of the sentence received.

A person convicted under this section must also pay a special assessment trauma care fee of $100.

Sale or Distribution

The sale of less than 25 pounds is a felony, punishable by incarceration for a period of 2 years-life, as well as a fine of $20,000.

Selling between 25 and 1,000 pounds. Penalties include a fine of between $25,000 and $100,000, between four years and life imprisonment, or both.

Selling 1,000 pounds or more is punishable with a maximum fine of $500,000, and/or between four years and life imprisonment.

The sale to minors is a felony, which is punishable by doubling the penalty for both the period of incarceration, as well as the fine to be paid.

The sale within 2,000 feet of schools, public parks, or public housing is a felony, punishable by a double penalty for both the period of incarceration as well as the fine to be paid. A conviction carries with it a mandatory minimum sentence of 50% of the imposed sentence.

Okla. Stat. tit. 63 § 2-401 (2016) Web Search

Cultivation

Cultivating up to 1,000 plants is a felony, punishable by a maximum $25,000 fine and between 20 years and life imprisonment. Cultivation of more than 1,000 plants is punishable of a fine up to $50,000 and between 20 years and life imprisonment.

Cultivation of marijuana by the owner of land is a felony punishable by a term of imprisonment between 2 years and life and a fine up to 50,000.

Hash & Concentrates

Hashish or concentrates fall under Oklahoma’s definition of marijuana and are Schedule I drugs.

Converting or attempting to convert marijuana into hashish or concentrates is a felony punishable by a fine no greater than $50,000 and a term of imprisonment no less than 2 and up to remainder of the offender’s life. Subsequent convictions are punishable by a fine no greater than $100,000 and a term of imprisonment greater than 4 years and up to the remainder of the offender’s life.

Okla. Stat. tit. 63 § 2-509 (2016) Web Search

Distributing, dispensing, transporting with intent to distribute, possessing with intent to manufacture, distribute, or dispense, hashish or concentrates is a felony punishable by a fine no greater than $20,000 and a term of imprisonment no less than 2 years and up to the remainder of the offender’s life.

Oklahoma Stat. tit. 63 § 2-401 (2016) Web Search

Possessing hashish or concentrates is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second or subsequent conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no less than 2 years and no greater than 10 years. If the offense occurred within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age, the offense becomes a felony punishable by a fine no greater than $2,000 and/or a term of imprisonment no greater than 2 years. A second or subsequent conviction for possession of hashish or concentrates within 1,000 feet of a school, recreation center, public park, or in the presence of a child under 12 years of age is punishable by a fine no greater than $10,000 and/or a term of imprisonment no less than 4 years and no greater than 20 years.

Any equipment or device used to create hashish or concentrates is considered paraphernalia. Possessing, transporting, using, or manufacturing any such equipment or device is a misdemeanor punishable by a fine no greater than $1,000 and/or a term of imprisonment no greater than 1 year. A second conviction is punishable by a fine no greater than $5,000 and/or a term of imprisonment no greater than 1 year. A third conviction is punishable by a fine no greater than $10,000 and/or a term of imprisonment no greater than 1 year.

Paraphernalia

A conviction for possession of paraphernalia is a misdemeanor that is punishable by up to one-year imprisonment as well as a $1,000 fine.

A second paraphernalia conviction is a misdemeanor that is punishable by up to one-year imprisonment as well as a $5,000 fine.

A third paraphernalia conviction is a misdemeanor that is punishable by up to one-year imprisonment and a $10,000 fine.

Okla. Stat. tit. 63 § 2-405 (2016) Web Search

Forfeiture

Marijuana, vehicles and property can be forfeited.

Okla. Stat. tit. 63 § 2-503 (2016) Web Search

Miscellaneous

Any conviction will lead to a driver’s license suspension from 6 months to 3 years. Immediately revoke for any conviction of misdemeanor or felony conviction for possessing, distributing, dispensing, manufacturing, trafficking, cultivating or selling a controlled substance.

Okla. Stat. tit. 47 § 6-205(A)(6) (2016) Web Search

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