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Does the Possession of Cannabis Oil and Marijuana Carry Different Charges in Oklahoma?

Despite the numerous touted medical benefits of medical marijuana, the drug is still illegal in any form and any amount in Oklahoma, save for in select few circumstances. If a police officer catches you with the drug, the state may charge you with misdemeanor possession. Though a misdemeanor conviction will not result in jail time, it can have dire consequences on your future, as it may make it difficult for you to find gainful employment, rent an apartment or home, or get custody of your child in a future custody case. For these reasons and countless others, you should retain the help of an aggressive Ponca City drug charge defense attorney if an offer stops and arrests you for possession of marijuana or cannabis oil.

Laws Regarding CBD Oil

In 2015, Cayman's Law granted permission to physicians in Oklahoma to test cannabis oil containing high concentrations of CBD on minors who suffer from severe epilepsy disorder. The CBD oils used in the trial were tested, approved, and provided by the U.S. Food and Drug Administration. The results from the tests were positive, so Oklahoma permitted physicians to recommend the oil to minors who have severe forms of epilepsy. So long as the minor and his or her guardian possessed a written certification from a physician, the state could not charge them with drug possession.

In 2016, Gov. Fallin signed HB 2835, which expanded the law to apply to all persons. The law also extended the pardon to those who live with spasticity due to paraplegia or multiple sclerosis, appetite stimulation, chronic wasting diseases, or intractable nausea or vomiting. To not be in violation of the law, patients must only possess and use oils with no more than 0.3% THC.

Laws Regarding Marijuana in Non-Oil Form

Due to the passage of State Question 788, carrying very small amounts of medical marijuana is no longer a felony but rather, a misdemeanor. Moreover, a person can not receive any jail time for possessing less than one and a half ounces of medically prescribed marijuana. The state may, however, fine the person up to $400. For this law to apply, a person in possession of the substance must have a signed recommendation from his or her doctor, and he or she must have purchased the substance from a licensed dispensary.

Consequences for Wrongful Possession of CBD Oil or Marijuana

Though there are no specific laws in Oklahoma that state that cannabis oil is legal for non-medically qualifying patients, the state seems to tolerate its sale, possession, and use for the simple fact that it is FDA approved and does not produce any mind-altering effects. That said, if you run across a cop or law enforcement agent who is having a bad day, you may still face criminal charges for possessing the oil without doctor's recommendation.

As for marijuana, if you possess marijuana in any amount without a medical prescription and bought from anywhere other than a licensed dispensary, SQ 788 does not apply to you. Oklahoma's old laws regarding the possession of a controlled substance would. Those laws stipulate the following:

● A first offense is a misdemeanor, which carries a one-year jail sentence and a $10,000 fine;

● Any subsequent offenses will be charged as felonies, which could result in two to 10 years in jail and a fine of up to $25,000;

● Charges are enhanced (in Oklahoma, that means doubled) if you are caught with marijuana in the presence of a child or near a school;

● Selling marijuana is a felony offense, punishable by two to 10 years in jail and up to $5,000 in fines; and

● Subsequent convictions for selling may result in double the penalties.

Unless you have a doctor's note and are a part of Oklahoma's medical marijuana program, it is still illegal to possess or sell the substance in the state.

What to do if You are Arrested for Wrongful Possession of CBD Oil or Marijuana

If you are arrested for and charged with the possession of marijuana or CBD oil, do not take the charges lightly just because certain sects of the population are legally entitled to carry the substance. If you are not one of the exceptions, the old laws still apply to you, which means you face between one year to 20 in jail and up to $25,000 in fines. An aggressive Ponca City drug charges attorney can help you fight to have the charges dropped or reduced. Do not put off contacting a lawyer – reach out to Boettcher, Devinney, Ingle & Wicker to schedule your consultation today.

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