I don’t know about you, but before I visit the Sooner State, I’d most definitely ask, is weed legal in Oklahoma? It’s going to be difficult not only for recreational users, but medical users as well, especially if cannabis is a part of their daily routine.
So, in this article, we will be giving you comprehensive information about Oklahoma’s cannabis rules and regulations! We will be going over Oklahoma’s medical and recreational standpoints and go from there!
Weed and Oklahoma
Contents
The history of cannabis in the Sooner State is as complex as the others, but it’s actually more distinguished. Oklahoma proceeded to ban the drug in the year 1933 and since then, little-to-no changes, bills, and legislatures have stood up with the likes of it being approved.
Authorities and legislators in Oklahoma, since then, considered it as an illicit drug, prosecuting people who would be related to it – whether you are a user of it for medical purposes, a seller, a grower, or even those that use helicopter patrols; this was where “Operations From the Sky” was coined from.
It was not until a few years back when legislators of the state considered looking at the option of 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 was the law that allowed the use of medical marijuana to be prescribed to medical patients who needed it and who are well within the qualifying conditions during that time.
High-CBD cannabis oil with statistically less than 0.3 percent THC were given to minors who were suffering from various severe epilepsy types.
The following year, it adopted House Bill (HB) 2835, which was the further expansion of the medical marijuana usage, allowing patients of all ages to consume and access it. Moreover, this was also the bill that expanded and added qualifying conditions to the list – it included:
- Intractable Nausea
- Intractable Vomiting
- Paraplegia or Multiple Sclerosis
- Appetite Stimulation with Chronic Wasting Diseases
State Question 788
State Question 788 or the referendum gave out a few instructions promulgating a regulatory scheme for marijuana within a month. SQ 788 did a lot for the medical marijuana community in the state because one of its approvals were the lifting of the ban on smoking as a form of treatment.
Some other regulations that have been set by SQ 788 include the allowed possession of:
- Up to six (6) mature plants (those that are in the budding stage)
- 3 ounces or 85 grams of marijuana
- 6 seedling plants (plants that are up until the vegetative stage)
- 8 ounces or 230 grams of marijuana in the residence
- 72 ounces or 2,000 grams of edible marijuana
- 1 ounce or 28 grams of concentrated marijuana
NOTE: Qualified and registered medical marijuana users are not exempted from the federal prosecution of cannabis possession should they be on the 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?
The thing is, we still haven’t gotten to the main point of it all – is weed legal in Oklahoma? Does the Sooner State allow the possession, carrying, and consumption of the substance for recreational purposes?
No – it is definitely not. Oklahoma, like many other states, still considers cannabis as a form of illicit drug, that in the even an individual will get caught, they’ll be subject to the fines, penalties, and offenses.
Cannabis Penalties in Oklahoma
Since recreational cannabis is yet to be accepted in the Sooner State, there are a couple of penalties offenses, fees, and penalties that you could be subject to if you get caught possessing, distributing or delivering, and cultivating marijuana in Oklahoma.
Possession or Carrying
Possession or carrying is the act of having the marijuana product with you at home or outside your home. So, here are the corresponding offenses, fines, and fees related to it:
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 the exchange of cannabis products. Being caught delivering, selling, or distributing marijuana within the state of Oklahoma will result in these 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: 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 carry a double fine and imprisonment period.
Cultivation
Last but most definitely not least would be the act of growing or cultivating cannabis in Oklahoma. While many people think they wouldn’t get caught, authorities were able to cease 100,000 plants as well as 2,000+ lbs of processed marijuana in the state last year.
The fines, offenses, and penalties for cultivation would be the same as possession. Check out the table for possession to find out the respective penalties for cultivation.
What’s Oklahoma’s Future in Cannabis?
On the 4th of January 2023, voters in the state of Oklahoma have been pressured as they’ll be the ones to decide whether recreational marijuana will be legalized in the state or not. This special election that’ll be held on the 7th of March 2023 will be the determining factor of whether it will be allowed or not.
State Question 820 was an initiative that has been filed back on the 3rd of January 2022 by the Oklahomans for Sensible Marijuana Laws. This would need 95,000 signatures in order for this petition to be approved and as of July 2022, 164,000+ signatures have been submitted.
Let’s hope that for the next few weeks, people wouldn’t change their minds with what they already submitted!
FAQs
Have more questions about Oklahoma and their relationship with marijuana? Don’t worry, we anticipated this, and therefore, we got you covered! We present to you some of the most asked questions about the legalization of marijuana in the state of Oklahoma!
Is it Legal to Smoke Weed in Public Oklahoma?
Using, smoking, or consuming cannabis in public places, buildings, public parks, and other facilities is strictly prohibited; the rules of smoking or vaping marijuana has the same state laws as smoking or vaping tobacco.
Can I Go to a Dispensary Without a Card in Oklahoma?
No, you wouldn’t be able to purchase any type of marijuana product without a marijuana card in the state of Oklahoma. Upon purchase, residents would need to present their medical marijuana patient license ID card as well as a resident ID or a driver’s license in order for their orders to be processed.
How Much is a Medical Marijuana Card in Oklahoma?
In the Sooner State, a medical marijuana cards would cost you around $100 for the standard application fee. Those who would be able to provide eligible proofs of Medicare enrollment status or Medicaid as a disabled veteran will have a $20-discount for their application.
The Bottom Line
Oklahoma is one of the states you never want to lose sight of if you plan on visiting and you’re unsure of the currently standing marijuana laws. So, is weed legal in Oklahoma? Recreational is a big no no, but medical or medicinal cannabis is something considered in the state.
Don’t go blindly into any state without knowing the laws and regulations that govern them about marijuana, and most importantly, never bring in marijuana if you are entering any state whichever mode of transportation you choose – even if it’s legal from your departing area to your destination!