Created by FindLaw's team of legal writers and editors | Last reviewed July 13, 2021
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If you’re visiting this page, you’re probably wondering if Oklahoma is one of the latest states to legalize recreational marijuana use. The answer is "not yet." While northern neighbor Colorado was one of the first states to authorize recreational marijuana use, the Sooner State still prohibits all marijuana possession and sale, unless it is for medical use. Here's a quick introduction to Oklahoma’s marijuana laws.
Marijuana possession and sale for recreation uses are illegal in Oklahoma, with a sale in the state constituting a felony punishable by up to 20 years in prison depending on the amount and location of the sale, and the criminal history of the seller. The following table lists the specifics of Oklahoma’s marijuana statutes. See Oklahoma's medical marijuana use laws to learn about changes in the law.
Code Section |
Oklahoma Statutes Title 63 §2-101, et seq.: Uniform Controlled Dangerous Substances Act |
Possession |
Misdemeanor with penalty of up to 1 yr. or fined $10,000; Subsequent offense: felony, 2-10 yrs. Fine not to exceed $25,000; Within 1000 feet of school or in presence of child under 12: up to double penalties; subsequent offense: up to triple penalties |
Sale |
Felony, 2-10 yrs. and/or up to $5000; Subsequent offense: double penalties |
Trafficking |
Between 25-1000 lbs.: $25,000 to $100,000; Over 1000 lbs.: $100,000 to $500,000 |
It’s not just Oklahoma and other state marijuana laws that regulate pot. Marijuana possession, sale, and trafficking remain illegal under federal law by way of the Controlled Substance Act. And even though a state’s marijuana laws may say it’s legal, federal law always supersedes state law if there is a conflict. While federal law enforcement agencies have generally left policing in-state marijuana up to in-state authorities, the federal government hasn’t given up on enforcing restrictions on interstate cases of pot possession, manufacturing and cultivation and trafficking and distribution.
As we’ve seen in other states, drug laws can change, and they often do as our social norms regarding drugs and drug use continue to change. You can find more information and resources at FindLaw's section on Drug Charges. And if you or someone you know may have a drug addiction or a substance abuse problem, Oklahoma's Department of Mental Health and Substance Abuse Services has treatment resources that can help.
The status of state marijuana laws is constantly evolving, but Oklahoma is relatively strict with respect to the herb and a conviction for possession can lead to prison time. If you are facing drug charges or need to know about marijuana laws, you should talk with an Oklahoma drug crimes attorney as soon as possible.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions. Many Oklahoma attorneys offer free consultations for Drug Crime.
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