Is Possession of Marijuana a Felony in Oklahoma?
Question: Is possession of marijuana a felony in Oklahoma? Does the amount matter?
Answer: That is a loaded question. So for a starting point, possession of marijuana is a misdemeanor—for starters. However, there are a number of factors that can make possession of marijuana a felony. For example, if the person arrested for possession of marijuana had a prior possession of marijuana charge within the last 10 years, then it can be a felony. Now, there’s factors that go into that as well. That prior charge within the past 10 years would have had to have been in a state court or a court of record, it would have had to have been with an attorney and then it would have had to have been within 10 years from the end of the conclusion of that case. But if those things happen, then it can be a felony just because you’ve had one before. Another issue that could make it a felony would be if you are in possession of marijuana in the presence of a child under the age of 12 years old, or if you are in possession of marijuana within 1,000 feet of a school, public park, recreation area—which is almost everywhere in this state.
The amount, to answer your other question, can make a difference. It’s discretionary. If the police officer or the state believes that you had too much for your own personal use, then they would charge you with possession with intent to distribute that marijuana, basically thinking that you were going to be selling it in some way, shape or form. That would make it a felony. Finally, sometimes even if it’s a small amount, the way that it’s found or the way that it’s packaged could make it a felony. For example, if they found a small amount of marijuana but it was all individually wrapped in little baggies, there were scales in the car along with it, then they might assume that you were intending to sell it. So, again, that would be possession with intent to distribute, which is also a felony. So it starts off as a misdemeanor but there’s a lot of factors that can go into that.