Medical Marijuana has been legal in Oklahoma since 2018 and has seen a dramatic increase in marijuana consumption and marijuana-related business. However, that doesn’t mean that it’s a free for all in the Sooner State, where the laws regarding the recreational use and distribution of marijuana remain strict. To get a clear picture of the legal situation, it is always best to consult a drug crime lawyer in Oklahoma City.
Can You Be Charged With Marijuana Trafficking for Sharing With Friends?
The answer to this question is technically yes, though it would be unusual for you to be charged without other factors being in play. To understand how this might happen, let’s go over the Oklahoma laws that relate to marijuana.
Marijuana Laws in Oklahoma
Recreational Marijuana Use
As of now, recreational marijuana use is still illegal in Oklahoma. Under Oklahoma Statutes Title 63, Section 2-401, the distribution of a controlled dangerous substance (CDS) is illegal unless done by a licensed dispensary or processor. The controlled dangerous substances include marijuana, various prescription drugs, as well as certain volatile metals.
The word “distribution” has a broad definition and can include selling marijuana, giving it away, and even offering it to others or attempting to distribute it. This means you do not have to sell marijuana to be charged with distribution. Simply sharing it with friends, even if done for free, can qualify as unlawful distribution under Oklahoma law. The key legal principle here is intent: If you knowingly give marijuana to another person, you are engaging in distribution, even if you’re not profiting from it.
Medical Marijuana Use
Only individuals with a valid medical marijuana patient license may legally possess and consume marijuana. Even if this applies to you, the law strictly limits how much marijuana a licensed patient can possess and does not allow for you to share your marijuana or distribute it to others, regardless of intent or payment.
As a licensed medical marijuana patient, you are legally allowed to possess the following in Oklahoma:
- Up to 3 ounces (84.9 grams) of marijuana on your person
- Up to 8 ounces (226.4 grams) of marijuana in your residence
- 6 mature marijuana plants
- 6 seedling plants
- 1 ounce (28.3 grams) of concentrated marijuana
- 72 ounces (2,037.6 grams) of edible marijuana
- 72 ounces of topical marijuana
You Cannot Share Your Medical Marijuana, Even With Other Patients
Even if both you and your friend are licensed medical marijuana patients, Oklahoma law does not allow you to share marijuana. Only state-licensed dispensaries can legally distribute marijuana, and only to patients who present a valid medical card. If you share medical marijuana with another patient, you may still be subject to distribution charges regardless of medical intent or lack of profit motive.
The only exception to this rule is when the transfer of medical marijuana involves licensed caregivers. A caregiver is authorized to purchase and administer medical marijuana to a licensed patient who is unable to do so themselves. Even in this case, the caregiver must be registered with OMMA and follow strict guidelines.
What Penalties Are There?
For a first-time offender, the penalties for distributing marijuana can result in 2 or more years in prison and a fine up to $20,000. Although judges have some discretion in sentencing, and may be inclined to show mercy to first-time offenders, Oklahoma generally treats distribution crimes harshly. This is the case even for drugs that society does not see as particularly serious, such as marijuana.
That’s Possession or Distribution, What About Trafficking?
Oklahoma distinguishes between possession, distribution, and trafficking of drugs, with trafficking being the most serious offense. Trafficking in illegal drugs is based on the quantity of drugs involved.
For marijuana, these charges may apply when someone possesses 25 pounds or more of marijuana, or 1 pound or more of marijuana concentrate (for example, hash oil). This is a large amount; 25 pounds is around the weight of a big watermelon or a large holiday ham, so you are unlikely to have that much by accident. This means that if you’re only sharing a small amount of marijuana, such as a few joints or a small edible, you are unlikely to face trafficking charges based on weight alone. However, you would still be likely to be charged with unlawful distribution.
When Might Sharing Be Interpreted as Trafficking?
If it is believed that you have engaged in multiple acts of sharing marijuana or are found to be in possession of multiple packages believed to be intended for different individuals, this may lead prosecutors to charge you with intent to distribute or, in extreme cases, trafficking.
Things that may be taken as evidence of this kind of behavior include having quantities of marijuana divided into multiple small baggies, being caught on multiple occasions giving marijuana to others, or if text messages or surveillance exist that suggest a pattern of distribution. In such scenarios, the context, such as the amount, packaging, and any circumstantial evidence, could elevate a case from simple possession to one of distribution or even trafficking.
What Penalties Are There?
For marijuana trafficking (25 lbs or more), penalties increase dramatically. You could serve a minimum of 4 years in prison (there is no maximum limit), and fines range from $25,000 to $100,000 or more. Additionally, you would not be eligible for probation, suspended sentence, or parole until a portion of your sentence is served.
How Can an Oklahoma City Drug Crime Lawyer Help You?
If you’ve been charged with a crime, know that you have a right to a defense. Moreover, you need an attorney with experience in defending drug cases like yours. A good attorney can assess the evidence, negotiate with prosecutors, and build a defense strategy tailored to your case.
Most importantly, a lawyer can let you know exactly where you stand when it comes to your case. For example, it’s clear that charges against you for marijuana trafficking would never stick if you were just sharing a small amount of it with a friend. However, the police and the district attorney may try to frighten you with scaremongering over fines and jail time to get you to plead guilty to a lesser charge. They know that they were never going to be able to get you convicted of trafficking, but without proper legal advice, you might not realize this.
Sooner Rather Than Later
It’s important to consult with a qualified criminal defense attorney as soon as possible if you are accused of possession with intent, distribution, or trafficking. When we represent you, you can be sure that all of our skill will go into advocating for you and securing the best possible outcome for your case.
If you’ve been arrested or charged in connection with marijuana, then we are here for you. Don’t let law enforcement make you panic, and make use of your right to be protected by a qualified advocate. To make an initial consultation with us, get in touch with Cannon & Associates at one of our locations in Edmond, Oklahoma City, and Norman, OK.