In Oklahoma, even with the legalization of medical marijuana, you can still be charged with drug trafficking if you operate a marijuana grow outside the state’s legal framework. The penalties can be severe—even if you believed your grow was lawful. Understanding how Oklahoma law treats marijuana cultivation is essential if you’re growing cannabis or thinking about doing so.
Legal vs. Illegal Marijuana Grows in Oklahoma
Oklahoma has legalized medical marijuana through the Oklahoma Medical Marijuana Authority (OMMA). To legally grow marijuana in the state, you must have:
- A valid medical marijuana grower’s license
- An active OMMA registration
- Compliance with all local zoning, security, and reporting regulations
If you lack a valid license or operate outside of your approved capacity, you risk criminal charges—including trafficking—depending on the amount involved.
When Does a Marijuana Grow Become Drug Trafficking?
Under Oklahoma law, drug trafficking charges can apply if a person knowingly cultivates, possesses, or intends to distribute large quantities of controlled substances, including marijuana. You may face marijuana trafficking charges if you possess:
- 25 pounds or more of processed marijuana
- 1,000 plants or more, even if not fully harvested
Even if you claim the grow is for personal use or part of a cooperative, having more than the legal amount or growing without a license can escalate the charge to a felony trafficking offense.
Penalties for Marijuana Trafficking in Oklahoma
Trafficking marijuana in Oklahoma carries mandatory minimum sentences and steep fines. For example:
- 25 pounds to 1,000 pounds:
- Mandatory minimum of 4 years in prison
- Fines ranging from $25,000 to $100,000
- Over 1,000 pounds:
- Minimum of 20 years in prison
- Fine of $100,000 to $500,000
These penalties apply whether the marijuana is harvested or still growing. The law treats the possession of large quantities—regardless of licensing status—as a public threat, especially if there is evidence of intent to distribute.
Defenses to Marijuana Trafficking Charges
If you’re facing marijuana trafficking charges in Oklahoma, you may have legal defenses depending on the facts of your case:
- You held a valid OMMA license and stayed within your legal grow limits
- Lack of knowledge or control over the grow operation (e.g., someone else was responsible)
- Unlawful search and seizure (evidence obtained without a valid warrant)
- Improper weighing or plant count (challenging how law enforcement calculated the total)
Working with an experienced criminal defense attorney is critical in building a strong case, especially since trafficking charges carry mandatory minimums.
Tulsa Drug Trafficking Attorneys
You can be charged with drug trafficking for a marijuana grow in Oklahoma if the operation is unlicensed, exceeds legal limits, or shows signs of distribution. Even well-meaning growers can face felony charges if they don’t follow the rules strictly. If you need help, call our team at Tulsa Criminal Lawyers Law Firm at (918) 416-0358 or contact us online for a consultation with an attorney.