Yo, what’s good? It’s your boy Dan and I don’t know about y’all, but before I hit up the Sooner State, I gotta ask one question – is weed legal in Oklahoma? It’s gonna be a struggle for both the recreational and medicinal users out there, especially if cannabis is a part of their daily grind.
But hey, don’t trip! In this article, we’re gonna give y’all the 411 on Oklahoma’s cannabis laws and regulations. We’ll break down the medical and recreational perspectives and go from there.
Weed in Oklahoma
The history of weed in the Sooner State is pretty complex. Oklahoma banned the drug back in 1933 and since then, there haven’t been many changes, bills, or legislatures that have approved its use. The authorities and legislators in Oklahoma have considered it an illicit drug, cracking down on anyone involved with it – whether you’re a medical user, a seller, a grower, or even someone who uses helicopter patrols. This is where “Operations From the Sky” came from.
It wasn’t until a few years ago when legislators started looking into using it as a medicinal substance.
Oklahoma’s Medical Marijuana
In 2015, Governor Fallin signed House Bill (HB) 2154 or the Katie and Cayman’s Law. This allowed medical marijuana to be prescribed to patients who needed it and who met the qualifying conditions at that time. High-CBD cannabis oil with less than 0.3 percent THC were given to minors suffering from severe epilepsy.
The following year, House Bill (HB) 2835 was adopted, further expanding medical marijuana usage to patients of all ages. This also added qualifying conditions to the list, including intractable nausea, intractable vomiting, paraplegia or multiple sclerosis, and appetite stimulation with chronic wasting diseases.
State Question 788
State Question 788, or the referendum, established regulations for marijuana within a month. SQ 788 did a lot for the medical marijuana community because one of its approvals lifted the ban on smoking as a form of treatment.
Some other regulations set by SQ 788 include allowed possession of up to 6 mature plants, 3 ounces or 85 grams of marijuana, 6 seedling plants, 8 ounces or 230 grams of marijuana in the residence, 72 ounces or 2,000 grams of edible marijuana, and 1 ounce or 28 grams of concentrated marijuana.
Note that qualified and registered medical marijuana users are not exempt from federal prosecution of cannabis possession on federal lands within the state. Moreover, should patients exceed what’s being observed as regulations, they’ll face the same prosecution as non-cardholders.
Is Weed Legal in Oklahoma?
But wait, we still haven’t gotten to the point – is weed legal in Oklahoma? Can you possess, carry, and consume it for recreational purposes?
Nope, it’s definitely not legal. Oklahoma still considers cannabis an illicit drug. If you get caught, you’ll face fines, penalties, and offenses.
Cannabis Penalties in Oklahoma
Since recreational cannabis is still not accepted in the Sooner State, here are a couple of penalties for offenses related to possessing, distributing or delivering, and cultivating marijuana:
Possession or Carrying
Possession or carrying is having marijuana with you at home or outside your home. For this offense, you’ll face fines and fees:
Offense or Amount of Marijuana Penalty Imprisonment Maximum Fine First offense of any amount Misdemeanor 1 year $1,000 Subsequent offense of any amount Misdemeanor 1 year $1,000
Distribution, Sale, or Delivery
Sale or distribution refers to exchanging cannabis products. If you’re caught delivering, selling, or distributing marijuana within Oklahoma, here are the fines and penalties:
Offense or Amount of Marijuana Penalty Imprisonment Maximum Fine 25 lbs of marijuana or cannabis or less Felony Minimum of 2 years to life $20,000 25 lbs to 1,000 lbs Felony Minimum of 4 years to life $100,000 More than 1000 lbs Felony Minimum of 4 years to life $500,000
Note that if the instance happened within 2,000 feet of public housing, public parks, and school zones would incur double imprisonment periods, fines, and a minimum mandatory sentence. Selling or distributing to minors carries double the fine and imprisonment period.
Cultivation
Growing or cultivating cannabis in Oklahoma carries the same penalties as possession. Check out the table for possession to see the respective penalties for cultivation.
What’s Oklahoma’s Future in Cannabis?
On January 4, 2023, voters in Oklahoma will decide whether recreational marijuana will be legalized in the state or not. State Question 820 was filed on January 3, 2022 by Oklahomans for Sensible Marijuana Laws. This would need 95,000 signatures for approval and as of July 2022, over 164,000 signatures have been submitted.
Let’s hope people don’t change their minds over the next few weeks!
FAQs
Got more questions about Oklahoma and weed? No worries, we got you covered! Here are some frequently asked questions:
Is it Legal to Smoke Weed in Public Oklahoma?
Nope! Smoking or consuming cannabis in public places or facilities is prohibited. Rules for smoking or vaping marijuana are the same as smoking or vaping tobacco.
Can I Go to a Dispensary Without a Card in Oklahoma?
Nope! You wouldn’t be able to purchase any marijuana products without a medical marijuana card. You’ll need to present your medical marijuana patient license ID card as well as a resident ID or driver’s license upon purchase.
How Much is a Medical Marijuana Card in Oklahoma?
A medical marijuana card in Oklahoma costs around $100 for the standard application fee. Those who can provide eligible proofs of Medicare enrollment status or Medicaid as a disabled veteran will get a $20 discount for their application.
The Bottom Line
Oklahoma is one state you want to pay attention to if you’re planning to visit and you’re unsure of the standing marijuana laws. Recreational use is a big no-no, but medical or medicinal cannabis is recognized in the state.
Don’t go blindly into any state without knowing its laws and regulations on marijuana. And most importantly, don’t bring any marijuana with you when traveling to another state – even if it’s legal where you’re from.