Oklahoma: Medical Marijuana Law Overview and State Fines/Penalties - 1/01/2017

[Dan Ultra]

Oklahoma: Medical Marijuana Law Overview and State Fines/Penalties - 1/01/2017

Oklahoma Medical Marijuana Law

In April of 2015 Gov. Fallin signed HB 2154, Katie and Cayman's Law, which allows physicians in Oklahoma to recommend a clinical trial with high-CBD cannabis oil (less than .3% THC) to minors suffering from a severe epilepsy disorder like Lennox-Gastaut Syndrome or Dravet Syndrome. The trial is to be administered at University medical centers. The bill makes no allowance for the production, distribution or analysis of the CBD oil. Presumably patients are supposed to illegally bring CBD oil from another state.

In 2016, the state adopted HB 2835, which expanded legal protections to patients of all ages and added several new qualifying conditions.

Eligible Conditions

• Lennox-Gastaut Syndrome,
• Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy,
• any other severe form of epilepsy that is not adequately treated by traditional medical therapies,
• spasticity due to multiple sclerosis or due to paraplegia,
• intractable nausea and vomiting,
• appetite stimulation with chronic wasting diseases

Penalty Details

Possession
Possession of any amount of marijuana is a crime, subject to up to one year of incarceration (conditional release may be granted).

A subsequent conviction for possession is a felony which carries the penalty of 2-10 years of incarceration.

See

• Okla. Stat. tit. 63, § 2-401 (2015)

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.

See

• Okla. Stat. tit. 63 § 2-401 (2015)

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 $50,0000 and between 20 years and life imprisonment.

See

• Okla. Stat. tit. 63 § 2-401 (2015)

Hash & Concentrates
Hashish or concentrates fall under Oklahoma's definition of marijuana and are Schedule I drugs.

See

• Okla. Stat. tit. 63 § 2-101 (2015)
• Okla. Stat. tit. 63 § 2-204(C)(12) (2015)

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.

See

• Okla. Stat. tit. 63 § 2-509 (2015)

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.

See

• Oklahoma Stat. tit. 63 § 2-401 (2015)

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.

See

• Okla. Stat. tit. 63 § 2-402(B)(2) (2015)
• Okla. Stat. tit. 63 § 2-402 (C) (2015)

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.

See

• Okla. Stat. tit. 63 § 2-101(36) (2015)
• Okla. Stat. tit. 63 § 2-405 (2015)

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.

See

• Okla. Stat. tit. 63 § 2-405 (2015)

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.

See

• Okla. Stat. tit. 47 § 6-205(A)(6) (2015)

CONDITIONAL RELEASE

The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

DRUGGED DRIVING

This state has a per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have a detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids above a specific, state-imposed threshold. Further information about cannabinoids and their impact on psychomotor performance is available here. Additional information regarding cannabinoids and proposed per se limits is available here.

MANDATORY MINIMUM SENTENCE

When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

MEDICAL CBD

This state has passed a medical CBD law allowing for the use of cannabis extracts that are high in CBD and low in THC to treat severe, debilitating epileptic conditions.

TAX STAMPS

This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction. For more information, see NORML's report Marijuana Tax Stamp Laws And Penalties.

Source: NORML & Americans for Safe Access

 

[Spectre]

Oklahoma: Medical Marijuana Law Overview and State Fines/Penalties - 1/01/2017

Oklahoma Medical Marijuana Law

In April of 2015 Gov. Fallin signed HB 2154, Katie and Cayman's Law, which allows physicians in Oklahoma to recommend a clinical trial with high-CBD cannabis oil (less than .3% THC) to minors suffering from a severe epilepsy disorder like Lennox-Gastaut Syndrome or Dravet Syndrome. The trial is to be administered at University medical centers. The bill makes no allowance for the production, distribution or analysis of the CBD oil. Presumably patients are supposed to illegally bring CBD oil from another state.

In 2016, the state adopted HB 2835, which expanded legal protections to patients of all ages and added several new qualifying conditions.

Eligible Conditions

• Lennox-Gastaut Syndrome,
• Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy,
• any other severe form of epilepsy that is not adequately treated by traditional medical therapies,
• spasticity due to multiple sclerosis or due to paraplegia,
• intractable nausea and vomiting,
• appetite stimulation with chronic wasting diseases

Penalty Details

Possession
Possession of any amount of marijuana is a crime, subject to up to one year of incarceration (conditional release may be granted).

A subsequent conviction for possession is a felony which carries the penalty of 2-10 years of incarceration.

See

• Okla. Stat. tit. 63, § 2-401 (2015)

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.

See

• Okla. Stat. tit. 63 § 2-401 (2015)

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 $50,0000 and between 20 years and life imprisonment.

See

• Okla. Stat. tit. 63 § 2-401 (2015)

Hash & Concentrates
Hashish or concentrates fall under Oklahoma's definition of marijuana and are Schedule I drugs.

See

• Okla. Stat. tit. 63 § 2-101 (2015)
• Okla. Stat. tit. 63 § 2-204(C)(12) (2015)

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.

See

• Okla. Stat. tit. 63 § 2-509 (2015)

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.

See

• Oklahoma Stat. tit. 63 § 2-401 (2015)

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.

See

• Okla. Stat. tit. 63 § 2-402(B)(2) (2015)
• Okla. Stat. tit. 63 § 2-402 (C) (2015)

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.

See

• Okla. Stat. tit. 63 § 2-101(36) (2015)
• Okla. Stat. tit. 63 § 2-405 (2015)

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.

See

• Okla. Stat. tit. 63 § 2-405 (2015)

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.

See

• Okla. Stat. tit. 47 § 6-205(A)(6) (2015)

Source: NORML & Americans for Safe Access

Things have changed. Medical marijuana is legal now. Medical license allows up to 6 seedling and 6 adult/flowering plants. Up to 3 ounces on person 8 ounces in residence. Plus 1 ounce concentrate and 72 oz of edibles. Don't know what penalty is for being over. But with out license your quoted penalties still apply.

 

[Spectre]

Things have changed. Medical marijuana is legal now. Medical license allows up to 6 seedling and 6 adult/flowering plants. Up to 3 ounces on person 8 ounces in residence. Plus 1 ounce concentrate and 72 oz of edibles. Don't know what penalty is for being over. But with out license your quoted penalties still apply.

Well again law's have changed. Simple possession of any illegal drugs is now a misdemeanor. As well as non violent property crimes. And is retroactive. As of today Oklahoma has broke national record for commutation of sentences over 400 will be released today. And over 2000 by January.