Medical marijuana is now used to bring relief to those suffering from conditions ranging from chronic pain to epilepsy. In Oklahoma patients with qualifying medical conditions have been able to access cannabis since 2018, but illegal marijuana possession, use, and trafficking continue to be taken very seriously by the authorities. If you have a prescription for medical marijuana but have been arrested on criminal possession or trafficking charges, you need the help of a skilled criminal defense lawyer like those on our team at Cannon & Associates in Oklahoma City, OK.
Can Medical Marijuana Patients Be Charged with Trafficking in Oklahoma?
It is unlikely that a medical marijuana patient would be charged with trafficking because of the amounts of product that need to be involved in making a trafficking charge. However, it is possible. It is much better to be safe than sorry, so read on to find out how to avoid falling afoul of the law.
Oklahoma’s Medical Marijuana Laws
The Oklahoma Medical Marijuana Authority (OMMA) oversees the program and establishes guidelines for possession, cultivation, and purchase limits.
Under current regulations, licensed medical marijuana patients in Oklahoma are allowed to possess:
- Up to 3 ounces of marijuana on their person
- Up to 8 ounces of marijuana at their residence
- Up to 1 ounce of concentrated marijuana (such as oils or waxes)
- Up to 72 ounces of edible marijuana products
- Up to 6 mature plants and 6 seedling plants
These possession limits are generous, but they are strictly enforced. Exceeding these limits can result in criminal charges, including trafficking.
Oklahoma’s Marijuana Trafficking Laws
Under the Oklahoma Trafficking in Illegal Drugs Act, trafficking is defined by the possession of controlled substances in quantities that exceed specified thresholds. For marijuana, the trafficking threshold is 25 pounds or more.
If you are found to be in possession of 25 pounds or more of marijuana this can lead to trafficking charges, even if you are a licensed medical marijuana patient. The law does not distinguish between licensed patients and others when it comes to trafficking thresholds, as the amounts in question are considered to be far outside of the limits of normal medical possession.
For those in possession of 25 pounds of marijuana or more, you may face a minimum of 4 years in prison and fines ranging from $25,000 to $100,000, depending on the amount involved. For those in possession of 1,000 pounds or more, the penalties are even more serious and include longer prison sentences and more significant fines.
Recommendations for Medical Marijuana Patients
There are a number of ways to make sure that you stay on the right side of the law whilst possessing and using medical marijuana legally. Below are some of our recommendations on how you can avoid getting into trouble, and the laws that apply in each situation.
Know the Possession Limits
Patients who possess quantities of marijuana that exceed the legal limits set by the OMMA may be charged with trafficking if the amounts surpass the 25-pound threshold. Even if the marijuana is for personal medical use, exceeding the limit can result in criminal charges, so you should keep an eye on how much marijuana you have to make sure the amount you have is within the legal boundaries.
Document Your Medical Use
Keep your medical marijuana license and any relevant documentation readily available. This documentation should also include relevant medical documentation of your condition and need for marijuana, along with all the receipts for your marijuana purchases. If questioned by law enforcement, these documents can help demonstrate that you are a licensed patient using cannabis for legitimate medical purposes.
Avoid Purchasing in Bulk
While it may be tempting to stock up on medical marijuana products to make sure you have enough, purchasing large quantities at once can lead to suspicion. Stick to amounts that are reasonable for personal medical use and do not stockpile.
Store Your Marijuana Securely
However you choose to consume your medical marijuana, you should store your marijuana-containing products securely and in one place in your residence. This helps to make sure that you don’t mislay product within your home and end up possessing more than the legal amount. Having a secure, and ideally lockable storage place for your medical marijuana products shows that you are a responsible person and can guard against accusations. It is also a good idea as it can make sure that your medical marijuana does not get lost or fall into the path of children or pets.
Don’t Travel With It
Transporting large amounts of marijuana, even within the state, can raise suspicion of wrongdoing. Law enforcement may assume that large quantities are intended for distribution rather than personal use. If the amount exceeds 25 pounds, trafficking charges will likely apply. To transport marijuana across state lines is a federal offense, even if the destination state also permits the use of medical marijuana. Those caught with large quantities while crossing state lines may face federal trafficking charges, which often carry harsher penalties than state charges.
Consequently, you should avoid transporting your marijuana unnecessarily and never across state lines. If you must transport it between places within Oklahoma, ensure the amount is well within the legal limits and carry the necessary legal certification with you to avoid any potential misunderstandings.
Comply with Cultivation Rules
Many users of medical marijuana choose to grow their own plants. However, if you do this, you should keep careful records of your plants and ensure you do not exceed the allowed number of mature and seedling plants. Medical marijuana patients are allowed to grow up to 6 mature plants and 6 seedling plants. Exceeding this limit could lead to accusations of intent to distribute, especially if the total yield from the plants significantly surpasses the possession limits.
Even though it can feel wasteful to throw away a healthy plant, you should always dispose of excess plants responsibly to avoid accusations of overproduction.
Avoid Sharing or Selling
Never share or sell your medical marijuana with others. It is illegal to do this even with those who are also licensed patients. Distribution of medical marijuana is strictly regulated and requires proper licensing; sharing your marijuana products or plants can result in trafficking charges if the quantities involved are substantial.
Contact an Oklahoma City Criminal Defense Lawyer
If you are a medical marijuana patient accused of trafficking, you need legal representation as soon as possible. Although you may have been provided with a public defender at the time of your arrest, your strongest defense will be built by a lawyer who is familiar with Oklahoma’s medical marijuana laws and has experience in successfully defending clients in similar cases.
In some cases, trafficking charges may be based on misunderstandings or errors. For example, law enforcement may miscalculate the weight of marijuana by including non-usable parts of the plant, such as stems and roots. As your attorney, we can challenge these inaccuracies and may be able to have charges dropped completely. In other cases, we may be able to negotiate with prosecutors to reduce or dismiss the charges, particularly if you can demonstrate compliance with medical marijuana laws.
While Oklahoma’s medical marijuana laws provide significant protections for patients, they do not grant immunity from trafficking charges if you breach possession or cultivation limits, or are found transporting large quantities of marijuana. If you need help to understand Oklahoma’s marijuana legislation or advice from a specialist lawyer, get in touch with us at Cannon & Associates in Oklahoma City, OK, today.