Oklahoma has some of the strictest laws regarding marijuana of any state in America. It’s important to fully understand the laws in order to stay within them, and if you’re being charged with any marijuana-related offense, talk to a criminal defense lawyer in Oklahoma City with experience in marijuana issues as soon as possible.
Is It Legal to Transport Marijuana in Oklahoma If You Have a License?
Oklahoma legalized medical marijuana in 2018, and the cannabis program is managed by the Oklahoma Medical Marijuana Authority (OMMA) (Oklahoma Medical Marijuana Authority), who are the ones to give out medical licenses. Oklahoma Statutes, specifically Title 63, Section 427.8, detail all the rights and restrictions for both licensed patients and caregivers.
One of the rights that is explicitly stated here is that no municipal or county government is permitted to interfere with a licensed person’s right to transport medical marijuana, so long as they are transporting only the amount allowed within the legal limits. Subsection S specifically states that a person transporting medical marijuana within the guidelines laid down by the law cannot be subject to either civil or criminal penalties. So the simple answer is: yes. So long as you have a valid license issued by the OMMA, you can transport your own medical marijuana within possession limits.
Possession and Transportation Limits
According to the OMMA, a licensed medical marijuana patient is permitted to possess up to 3 ounces of marijuana on their person and up to 8 ounces at home; up to 1 ounce of marijuana concentrate; up to 72 ounces of edibles; and as many as 6 mature plants +6 seedlings, so long as the plants and seedlings are on the license holder’s own residential property. If a licensed patient is a renter, they must have written permission from the landlord. All of these limits refer to a single transaction. There are no daily or monthly caps beyond this.
When transporting marijuana, a medical marijuana patient needs to stay within these limits in order to avoid having any issues. Other than that, however, there are no specific transportation rules for an individual patient who possesses a medical marijuana license. The situation is different for someone who is a commercial transporter. Commercial transporters must have vehicles that are “capable of securing medical marijuana during transport,” must have GPS trackers on their vehicles, must have a clear and accurate inventory manifest, must drive only properly insured vehicles, and must have a shipping container. These rules only apply to businesses such as dispensaries or processors. They don’t apply to ordinary medical marijuana license holders who are transporting for private use.
The law does recommend that any patient keep their medical marijuana secure, typically by keeping it in its original packaging or in a locked container, until they arrive home. However, it’s important to know that this is not actually a law, and you cannot be prosecuted because you did not keep your marijuana in such an environment so long as you don’t have too much and were not using it prior to driving.
Driving Under the Influence
Always bear in mind that while it is perfectly legal for someone with a medical marijuana license to transport their own marijuana within the allowed limits, it is always illegal to drive while under the influence of marijuana. If there are any marijuana metabolites in your system at the time you are pulled over by the police, this will be taken as presumptive proof of impairment. The result could be a DUI charge even if you do have a medical marijuana license.
Rules for Caregivers
For caregivers, the OMMA explicitly allows them to “buy, transport, possess and administer medical marijuana or medical marijuana products to licensed patients.” A caregiver is permitted to serve up to five patients at a time but must have specific documentation, like a Physician Recommendation Form and Caregiver Designation Form. If a caregiver has the proper forms, then, in essence, they are permitted to transport marijuana under the same rules as the patients they serve.
Federal Laws
Oklahoma State law does permit medical marijuana license holders to transport their marijuana, but under federal law, marijuana is still classified as a Schedule I controlled substance. This means that taking the marijuana across state lines or onto federal property could get you in trouble, no matter what medical license you may have.
Excessive Amounts of Marijuana
Be aware that possessing more than 25 pounds of marijuana results in an automatic charge for marijuana trafficking regardless of whether you have a medical marijuana license. There are some hefty penalties that come with this charge, and it gets even worse if you have this marijuana near a school or there are children present.
What to Do If You’re Arrested When Transporting Marijuana
Exercise Your Right to Stay Silent
Even if the police do not actually tell you explicitly that you have the right to remain silent, you do have this right and you should exercise it. When you are initially pulled over and questions are asked about your marijuana, go ahead and tell the police about your medical marijuana license and produce it. However, if they do not simply let you go at that point, you should say nothing else. Anything that you say the police may try to use against you later, so ask: “am I under arrest?” If they say yes, tell them you want to talk to your lawyer and will not be speaking until you do.
If they say no, simply ask them repeatedly if you can go. They will likely avoid saying that you can go directly and will try to keep asking you questions. Ignore those questions and simply ask again, “am I under arrest?” and “may I go if not?” If you are under arrest, you cannot be questioned without the presence of your lawyer once you ask for one. If you are not under arrest, you should be permitted to leave.
All that said, don’t get into a fight, don’t try to force your way out of the situation, and don’t be rude to the police. Just be firm but polite in your request for a lawyer, and don’t talk to the police beyond insisting on this.
Call a Criminal Defense Lawyer in Oklahoma City
If you have a medical marijuana license, it can be tempting to assume that the whole thing is just a misunderstanding, and it will work itself out once you sit down and talk with the police at the station. Unfortunately, that’s often not the case. Many of the police feel strongly about marijuana and may use the opportunity of your detention to try to ask questions that they can use against you to say that you were intending to distribute the marijuana.
From the very moment you are put under arrest, you should insist on talking to a lawyer and should say nothing until you have called a qualified and experienced criminal defense lawyer who knows Oklahoma laws and the Oklahoma City courts. Your lawyer will then fight aggressively for your rights and protect you in all discussions with the police or with the prosecutor’s office.
If you’ve been charged with any marijuana related crime, contact Cannon & Associates right away for help.