Caught With "Legal" Marijuana After Crossing Into Oklahoma? Here’s What You Need To Know

Many states, like Colorado, have passed laws legalizing recreational marijuana. However, despite sponsored bills in the Oklahoma legislature, marijuana still remains an illegal substance to possess or sell in the state.

Those traveling into the Oklahoma Panhandle from Colorado where the substance is legal will, unfortunately, face harsh penalties by authorities.

If you or a loved one was caught with marijuana after crossing the border, here are the likely penalties:

Penalties For Marijuana Possession

Possession of marijuana is considered a misdemeanor and those charged with marijuana possession charges could face up to a $1,000 fine and up to 12 months in jail. Subsequent offenders and those caught near a school or in the presence of a child will face steeper penalties.

Penalties For Selling Marijuana

In Oklahoma, the sale of marijuana is considered a felony. Individuals caught selling marijuana could face up to a $5000 fine and 2 years up to life in prison. Subsequent offenders will face harsher penalties.

Penalties For Marijuana Trafficking

Like most drug offenses, a sale or possession drug charge elevates to trafficking if an individual is found with certain quantities of an illegal drug or controlled substance. In Oklahoma, those caught with a minimum of 25 pounds of marijuana will face a drug trafficking charge. A fine of $25,000-$100,000 and a minimum of 4 years behind bars are likely. Individuals found with 1,000 pounds or more will be charged with aggravated trafficking and likely face more extreme penalties.

Getting Caught With Marijuana Is Not The End Of The Road

Authorities may have caught you (or your loved one) with marijuana — whether it is after conducting a search and seizure of your person, belongings, vehicle or house — but that doesn't mean that the confiscation was lawful or that you will be convicted.

Under the Fourth Amendment of the U.S. Constitution, individuals are protected from unreasonable search and seizures by police and other government officials. This means that authorities have to conduct legal searches and, if they don't, marijuana and all other evidence seized in connection with the search cannot be used to charge you.

Help From A Criminal Defense Team Who Knows Your Constitutional Rights

At the Swain Law Group, our skilled attorneys know your rights under the U.S. Constitution and we know what lawful and unlawful methods police can and do use.

If you have been charged, reach out to a lawyer from our office. We can thoroughly examine your case. If authorities failed to follow proper protocol, we will immediately ask for dismissal.

We are experienced and have defended individuals in Norman, Cleveland County, Oklahoma, and many out-of-state individuals facing all types of marijuana charges. Let us help you.

Call 405-546-1292 or send an email if you have questions or concerns.