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 Oklahoma Marijuana Law
Conditional Mandatory Tax Stamps * Details 
  Incarceration Fine 
Possession
any amount (first offense) violation 1 year* none
any amount (subsequent offense) felony 2 - 10 years none
*Conditional discharge available.
Cultivation
1000 plants or less felony 2 years - life
$20,000
More than 1000 plants felony 20 years - life
$50,000
Sale
Less than 25 lbs felony 2 years - life $20,000
25 lbs to 1000 lbs felony
4 years - life
$25,000 - $100,000
1000 lbs or more felony
4 years - life
$100,000 - $500,000
To minors felony double penalty double penalty
Within 2,000 feet of schools, public parks or public housing felony double penalty + MMS** double penalty
**Mandatory minimum sentence of 50% of the imposed sentence.
Miscellaneous (paraphernalia, license suspensions, drug tax stamps, etc...)
paraphernalia misdemeanor 1 year

$1,100

paraphernalia (2nd offense) misdemeanor 1 year

$5,100

paraphernalia (3rd offense) misdemeanor 1 year

$10,100

Any conviction causes driver's license suspension for 6 months to 3 years.

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Details

Possession of any amount of marijuana is punishable by up to one year in jail for the first offense and 2 - 10 years in prison for subsequent offenses. Conditional discharge is available to first time offenders.

Cultivation of 1,000 plants or less is punishable by 2 years - life in prison and a fine up to $20,000. Cultivation of greater than 1,000 plants is punishable by 20 years - life in prison and a fine up to $50,000.

Sale or delivery of less than 25 pounds is punishable by 2 years - life in prison and a fine of $20,000. For sale or delivery of 25 pounds or more the penalties increase to 4 years - life in prison and a fine of $25,000 - $100,000. Sale or delivery of 1,000 pounds or more is also punishable by 4 years - life in prison, but the fine increases to $100,000 - $500,000. Any sale to a minor doubles the penalties. Sale within 2,000 feet of schools, public parks or public housing doubles the available penalties and carries a mandatory minimum sentence of 50% of the imposed sentence.

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Conditional release: The state allows conditional release or alternative or diversion sentencing for people facing their first prosecutions. Usually, conditional release lets a person opt for probation rather than trial. After successfully completing probation, the individual's criminal record does not reflect the charge.

Mandatory minimum sentence: When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum. A prisoner serving an MMS for a federal offense and for most state offenses will not be eligible for parole. Even peaceful marijuana smokers sentenced to "life MMS" must serve a life sentence with no chance of parole.

Marijuana tax stamps: This state has a marijuana tax stamp law enacted. This law mandates that those who possess marijuana are legally required to purchase and affix state-issued stamps onto his or her contraband. Failure to do so may result in a fine and/or criminal sanction.

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