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Consequences of a marijuana possession charge

On Behalf of | Jun 16, 2023 | Criminal Defense |

Marijuana laws vary widely from state to state in the United States, which can sometimes cause confusion about the legal implications of possession.

Oklahoma has its unique set of laws concerning marijuana possession, and understanding these regulations is vital to avoid potential repercussions.

Understanding Oklahoma’s marijuana laws

Oklahoma’s laws underwent a significant change when the state legalized medical marijuana in 2018. Now, anyone with a medical marijuana license can possess and use marijuana within certain limits. However, for those without a license, marijuana possession remains illegal and can lead to criminal charges.

Penalties for marijuana possession

The severity of penalties for marijuana possession in Oklahoma depends on the amount of marijuana involved and the offender’s criminal history. Those found in possession of marijuana without a medical license face potential jail time and fines.

For a first offense of simple possession, the offender can face a misdemeanor charge, up to one year in jail and a fine of up to $1,000. A second offense within ten years of a previous conviction can lead to a felony charge, with penalties of 2-10 years in prison and a fine up to $5,000.

Potential enhancements

Some factors can enhance the penalties for marijuana possession. For instance, possession near a school or in the presence of a child under 12 can lead to harsher punishments, including a doubling of the basic penalties.

Mitigating circumstances

While the penalties for marijuana possession in Oklahoma can be severe, the courts may consider mitigating circumstances. A judge has discretion in sentencing and may order probation, community service or drug treatment programs instead of jail time, especially for first-time offenders or for those with small quantities of marijuana.

It is important for anyone in the state to understand these laws, to abide by them to ensure they avoid legal consequences.