Being charged with marijuana possession or distribution can be an intimidating process that makes you confront the criminal justice system in Oklahoma, perhaps for the first time in your life. The consequences can be life-changing, so it’s important that you understand the relevant laws, penalties, and defenses to marijuana charges in Oklahoma. An experienced criminal defense attorney from Fassio Law can help you navigate this complex process.
Oklahoma Marijuana Laws: What’s Legal and What’s Not
With each state handling marijuana possession differently, you might be confused about the current state of marijuana laws. Oklahoma passed a statute that went into effect June 26, 2018, called State Question 788. Under this law, the state recognized medical marijuana as legal.
To legally possess marijuana in the state, a person must have a valid state-issued medical marijuana card. However, individuals with medical marijuana cards are subject to strict limits, including:
- Up to 3 ounces per person
- Up to 8 ounces at home
- Up to 1 ounce of concentrate
- 72 ounces of edibles
If you are a licensed patient who exceeds these limits, you can still face criminal charges for possession of marijuana.
Recreational use of marijuana is still illegal in Oklahoma.
Penalties for Marijuana Possession in Oklahoma
Without a medical license card, possession of any amount of marijuana is a misdemeanor, punishable by a fine of up to $1,000 and a term of one year in jail. All simple possession charges are considered misdemeanors as of July 1, 2017, even if you have prior drug offenses on your criminal record. Conditional release is possible for a first offense.
Possession of more than 25 pounds triggers a trafficking felony, regardless of whether there was an actual intent to sell, since intent can be assumed by law at this amount. Marijuana trafficking is the most serious marijuana charge in Oklahoma, which includes knowingly distributing, manufacturing, bringing it into the state, or possessing enough of the substance. It is punished based on the amount of marijuana involved as follows:
- 25 pounds or more: Two years in prison and a fine between $25,000 to $100,000
- 1,000 pounds or more (aggravated trafficking): Punishable by four years in prison and a fine between $100,000 and $500,000
If trafficking occurs within 2,000 feet of a school or a public park, the sentence and fine are doubled.
Possession of paraphernalia is a misdemeanor, also punishable by up to one year in jail and a fine of up to $1,000.
Oklahoma has a zero-tolerance law for using drugs and driving. You can be charged with driving under the influence if THC or metabolites are found in your system within two hours of driving, even without signs that you were actually impaired, and even if you have a valid medical card. Oklahoma courts have also ruled that it is permissible for officers to use odor as probable cause to initiate a search of a vehicle.
Collateral Consequences of a Marijuana Conviction
While you might not think that the penalties for marijuana possession seem that serious, you could face collateral consequences in addition to possible jail time and fines, such as:
- Probation: As an alternative or in addition to jail time, you could be given probation. During probation, you could be subject to regular check-ins with a probation officer, drug and alcohol tests, and other conditions that can severely limit your freedom and impose additional penalties if you are found to violate them.
- Loss of driving privileges: If you are convicted of DUI, you could lose your driver’s license for six months to three years.
- Criminal record: Being convicted of a marijuana offense can result in a criminal record that follows you around and has a negative impact on your life for many years to come.
- Employment issues: Marijuana charges can lead to job loss and difficulty obtaining new employment.
- Licensing issues: If your profession requires a professional license, you could be denied your license or have it revoked due to a marijuana offense.
- Forfeiture: State law allows for the forfeiture of assets, vehicles, and property.
- Custody issues: A marijuana conviction can have a negative stigma, making family court judges think that you are not a fit parent if your parental rights are challenged.
At Fassio Law, we understand the various consequences that can follow a marijuana conviction and work tirelessly to help you avoid them.
Defenses Against Marijuana Charges in Oklahoma
An experienced attorney can carefully evaluate your case to determine the defenses to raise on your behalf, such as:
- You have a valid medical marijuana card.
- Police conducted an illegal search and seizure.
- You were not aware that marijuana was in your possession.
- The field test was not properly administered.
- Lab results were flawed, inaccurate, or inconclusive.
How to Avoid Marijuana Charges in Oklahoma
The best way to avoid marijuana charges is to work with an experienced criminal defense lawyer who understands these charges and can mount a solid defense on your behalf. If you are stopped, keep in mind that you are only required to provide your name and identification. Politely decline answering any further questions. Do not consent to a warrantless search.
How to Reduce Marijuana Charges in Oklahoma
There may be various ways that you can reduce marijuana charges, such as by accepting a plea bargain that offers a lighter charge or sentence, agreeing to rehabilitation instead of prosecution, having your case dismissed due to police misconduct, or participating in a diversion program. An experienced attorney from our law firm can review your situation and explain your legal rights and options.
What Happens If You’re Caught with Marijuana After Legalization in Other States?
Even if you purchased marijuana that was legal in another state, it is still illegal in Oklahoma, so you can still face criminal charges if you are found to be in possession of it once you cross state lines.
Contact Fassio Law for a Confidential Consultation
If you are facing marijuana charges in Oklahoma, an experienced criminal defense lawyer from Fassio Law can help. Contact us today for a confidential case evaluation.
