Pardon & Parole Reform – 2018 Oklahoma Laws #6

This change creates an administrative parole docket, addresses the parole of aging prisoners, and makes statutory references to crimes considered “violent crimes.”

Administrative Parole

For crimes committed on or after November 1, 2018, any person in the custody of the Department of Corrections will be eligible for parole after serving 1/4 of their sentence(s), according to the following criteria:

  1. A prisoner is eligible for administrative parole once they’ve served 1/4 of the sentence or consecutive sentences imposed. A prisoner serving a sentence of life without parole is ineligible. A Pardon & Parole Reformprisoner serving a sentence for a violent or 85% crime is ineligible.
  2. A prisoner is eligible for parole once he or she serves 1/4 of the sentence or consecutive sentences imposed. A prisoner serving a sentence of life without parole is ineligible.

An eligible prisoner may now be considered for parole up to two months prior to the parole eligibility date.

Administrative parole may be granted if:

  1. The prisoner has substantially complied with the requirements of the case plan
  2. A victim, or the district attorney speaking on behalf of a victim, has not submitted an objection;
  3. The prisoner hasn’t received a primary class X infraction within two years of the parole eligibility date;
  4. The prisoner hasn’t received a secondary class X infraction within one year of the parole eligibility date; or
  5. The prisoner hasn’t received a class A infraction within six months of the parole eligibility date.

At least 90 days prior to the parole eligibility date of a prisoner, the Department of Corrections must notify the Pardon and Parole Board in writing of the compliance or noncompliance of the prisoner with the case plan and any infractions committed by the prisoner. The Pardon and Parole Board won’t be required to conduct a hearing before granting administrative parole. Any prisoner who is not granted administrative parole will be otherwise eligible for parole pursuant to other sections in the law. A prisoner who is granted administrative parole will be supervised and managed by the Department of Corrections in the same manner as a parolee who has been granted parole pursuant other sections of the last. The prisoner will be subject to all the rules and regulations of parole.

Parole for Aging Prisoners

The Pardon and Parole Board is now empowered to parole a prisoner who:

  1. Is 60 years old or older;
  2. Has served, in actual custody, the shorter of ten years of the term or terms of imprisonment, or 1/3 of the total term or terms of imprisonment;
  3. Poses minimal public safety risks warranting continued imprisonment;
  4. Is not imprisoned for a violent or 85% crime; and
  5. Has not been convicted of a crime that would require the prisoner to register as a sex offender

The Pardon and Parole Board must use an evidence-based risk-assessment instrument to assess the public safety risk posed by aging prisoners upon release.

Unless eligible for release at an earlier date, an aging prisoner who has been committed to the Department of Corrections may request a parole hearing before the Pardon and Parole Board if the prisoner has served, in actual custody, the shorter of:

  1. Ten years of the term or terms of actual imprisonment; or
  2. One-third of the total term or terms of imprisonment.

Once the aging prisoner requests a parole hearing, the Pardon and Parole Board may place the prisoner on the next available docket. The Pardon and Parole Board may grant parole to a prisoner if the Board finds by a preponderance of the evidence that the prisoner, if released, can live and remain at liberty without posing a substantial risk to public safety. The Pardon and Parole Board may use the selected evidence-based risk-assessment instrument to make that determination. The Pardon and Parole Board may provide the prisoner the opportunity to speak on his or her own behalf and the option of having counsel present at the parole hearing.

This law defines “aging prisoner” as any prisoner who is 60 years old or older. It defines “evidence-based” as those programs or practices that have been scientifically tested in controlled studies and proven to be effective.

Statutory References to Violent Crimes

Finally, this law added statutory references to the violent crimes listed in 57 O.S. 571. Most of the crimes were just listed by name. Now, there is a reference to the exact statute for all crimes.

HB 2286 modified 57 O.S. §§ 332.2, 332.7, and 571 and created 57 O.S. § 332.21. It went into effect November 1, 2018.

Sources: HB 228657 O.S. § 332.257 O.S. § 332.757 O.S. § 571, & 57 O.S. § 332.21.

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Drug Trafficking Law Changes – 2018 Oklahoma Laws #5

Oklahoma’s CDS trafficking law underwent some major changes. There’s no longer a separate category for “cocaine base” (crack). Punishments were significantly reduced. Someone convicted of trafficking is now eligible for probation. Fentanyl was added to the list of drugs eligible for trafficking charges.

New Drug Trafficking Fine Matrix

DrugQuantityMinimum FineMaximum Fine
Marijuana

Aggravated

≥ 25 lbs.$25,000$100,000
≥ 1,000 lbs.$100,000$500,000
Cocaine, coca leaves, or cocaine base

 

Aggravated

≥ 28 g.$25,000$100,000
≥ 300 g.$100,000$500,000
≥ 450 g.$100,000$500,000
Heroin≥ 10 g.$25,000$50,000
≥ 28 g.$50,000$500,000
Amphetamine or Meth

 

Aggravated

≥ 20 g.$25,000$200,000
≥ 200 g.$50,000$500,000
≥ 450$50,000$500,000
LSD≥ 1 g.$50,000$100,000
≥ 10 g.$100,000$250,000
PCP≥ 20 g.$20,000$50,000
≥ 150 g.$50,000$250,000
MDMA (Ecstasy)≥ 30 tabs or 10 g.$25,000$100,000
≥ 100 tabs or 10 g.$100,000$500,000
Morphine≥ 1000 g.$100,000$500,000
Oxycodone≥ 400 g.$100,000$500,000
Hydrocodone≥ 3,750 g.$100,000$500,000
Benzodiazepines≥ 500 g.$100,000$500,000
Fentanyl & its analogues & derivatives≥ 1 g$100,000$500,000

The fines all remained the same. Cocaine base was put in the category of cocaine and coca leaves. Fentanyl was added to the list.

New Drug Trafficking Prison Sentence Matrix

DrugFirst ViolationSecond ViolationThird & Subsequent Violation
Marijuana, Cocaine, Coca Leaves, Cocaine Base, Heroin, Amphetamine, & Meth0-20 years4 years – life20 years – life & must serve at least 50% of the sentence before being eligible for parole
LSD???
PCP???
MDMA ≥ 30 tabs or 10 g.0-20 years0-20 years0-20 years
MDMA ≥ 100 tabs or 10 g.2 years – life2 years – life2 years – life
Morphine0-20 years0-20 years0-20 years
Oxycodone0-20 years0-20 years0-20 years
Hydrocodone0-20 years0-20 years0-20 years
Benzodiazepine0-20 years0-20 years0-20 years
Fentanyl & its analogues & derivatives0-14 years0-21 years20 years – life

Someone convicted of trafficking is not eligible for earned credits or any other type of credits that would reduce the length of their sentence to less than 50% of the sentence imposed. If someone is convicted of aggravated trafficking, they must serve 85% of their sentence before they’re eligible for parole consideration.

Note that there’s no prison term listed for LSD and PCP. That’s because the new statute isn’t clear what the prison term for LSD and PCP is. Fentanlyl was added in a separate bill, which only added fentanyl to the list. That’s why the punishment range for fentanyl differs so greatly from the punishment ranges of the other drugs. To calculate the punishment range for fentanyl, you have to look at the old statute to figure out how the number is to be calculated then look at the possession with intent to distribute statute to figure out the starting point for the numbers. That’s pretty confusing, so I expect that to be fixed along with the LSD/PCP prison term discrepancy in the next session.

trafficking cds oklahoma

The prison terms for all drugs (except fentanyl) are much more simple than the prison terms in the old statute. For most drugs, there’s now no difference in punishment based on how many trafficking violations a defendant has ever been charged with. And now, there’s no enhancement based on previous felony convictions for a violation of the Uniform Controlled Dangerous Substances Act (except for fentanyl).

Trafficking Charges Now Eligible for Probation

A huge change is that someone charged with trafficking is now eligible for probation. Previously, prison was mandatory with a trafficking charge, and no part of the sentence could be suspended. In order for someone charged with trafficking to get probation, the prosecutor would have to agree to amend the charge to possession with intent to distribute. There are differing opinions on whether someone charged with trafficking is eligible for a deferred sentence. I believe trafficking charges are eligible for deferred sentences, but some prosecutors do not. The changes in this law are so massive that it will take some time before everyone works the kinks out.

SB 1078 and SB 793 amended 63 O.S. § 2-415. They went into effect on November 1, 2018.

Sources: SB 1078, SB 793, 63 O.S. § 2-415, 63 O.S. § 2-410, & 63 O.S. § 2-401

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Hemp Is Legal – 2018 Oklahoma Laws #4

Growing hemp is now legal in Oklahoma when grown pursuant to the Oklahoma Industrial Hemp Agricultural Pilot Program. This law sets up various rules for the growing of hemp in Oklahoma. Previously, industrial hemp could only be shipped to Oklahoma for certain purposes. The official definition of marijuana has changed to exclude hemp grown under the Program.

 

New Definition of Marijuana in Oklahoma

Marijuana means:Oklahoma industrial hemp

  1. all parts of the plant Cannabis sativa L., whether growing or not;
  2. the seeds of that plant;
  3. the resin extracted from any part of that plant;
  4. and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or resin.

Marijuana does NOT include:

  1. The mature stalks of the Cannabis sativa L. plant or fiber produced from such stalks;
  2. Oil or cake made from the seeds of that plant, including cannabidiol derived from the seeds of the marijuana plant;
  3. Any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks, fiber, oil or cake;
  4. The sterilized seed of such plant that is incapable of germination
  5. For any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Oklahoma law, a drug or substance approved by the federal Food and Drug Administration for use by those participants,
  6. For any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in this state that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) and that is delivered to the patient in the form of a liquid
  7. Any federal Food and Drug Administration-approved cannabidiol drug or substance, or
  8. Industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis which shall not be grown anywhere in the State of Oklahoma but may be shipped to Oklahoma pursuant to the provisions of 5 & 6 above.

Read More: https://www.urbanic.law/can-i-have-a-gun-if-i-have-a-medical-marijuana-license-in-oklahoma/

Reasons Hemp May be Shipped to Oklahoma

  1. For any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Oklahoma law, a drug or substance approved by the federal Food and Drug Administration for use by those participants and
  2. For any person or the parents, legal guardians, or caretakers of the person who have received a written certification from a physician licensed in Oklahoma that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than 0.3% and that is delivered to the patient in the form of a liquid.

Industrial Hemp in Oklahoma

Industrial hemp means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis. You have to be a licensee in Oklahoma to grow industrial hemp. A licensee is a university or an institution of higher education located in Oklahoma that holds a valid Industrial Hemp License to grow industrial hemp under the Oklahoma Industrial Hemp Agricultural Pilot Program. The licensee may adopt policies and procedures to subcontract with persons or other legal entities to carry out the purposes of the program. An Industrial Hemp License is authorization by the Department for any university or an institution of higher education in Oklahoma to grow and cultivate industrial hemp on a registered land area for research and development purposes as part of the Oklahoma Industrial Hemp Agricultural Pilot Program.

A licensee can:

  1. Engage in the growth and cultivation of industrial hemp from certified seeds for agricultural plant research and development purposes; and
  2. Engage in the growth and cultivation of industrial hemp from certified seeds for marketing development purposes.

The activities performed under the Oklahoma Industrial Hemp Agricultural Pilot Program will not subject people participating in the program to criminal liability under the Uniform Controlled Dangerous Substances Act. The exemption from criminal liability a limited exemption that willbe strictly construed and will not apply to an activity that is not expressly permitted under the Oklahoma Industrial Hemp Agricultural Pilot Program.

The Oklahoma Department of Agriculture, Food, and Forestry may deny, revoke, or suspend a license if the licensee:

  1. Violates any provision of the Oklahoma Industrial Hemp Agricultural Pilot Program or rules adopted pursuant to the program;
  2. Engages in fraud or deception in the procurement of or attempt to procure a license under this Oklahoma Industrial Hemp Agricultural Pilot Program or provides false information on a license application;
  3. Refuses or fails to cooperate and assist the Department with the inspection process;
  4. Refuses or fails to provide any information required or requested by the Department for purposes of the Oklahoma Industrial Hemp Agricultural Pilot Program;
  5. Knowingly provides false, misleading or incorrect information pertaining to the licensee’s cultivation of industrial hemp to the Department by any means, including information provided in any application form, report, record, or inspection required or maintained for purposes of the Oklahoma Industrial Hemp Agricultural Pilot Program;
  6. Fails to submit any report required by the Oklahoma Industrial Hemp Agricultural Pilot Program; or
  7. Fails to pay fees required by the Oklahoma Industrial Hemp Agricultural Pilot Program.

If a sample of a licensee’s industrial hemp tests higher than 0.3% but less than 1% THC concentration, the licensee shall not be subject to any penalty under the Oklahoma Industrial Hemp Agricultural Pilot Program if the crop is destroyed or utilized on site in a manner approved of and verified by the Department.

These laws were enacted through HB 2913 and SB 1446. HB 2913 went into effect on April 23, 2018. SB 1446 went into effect on November 1, 2018.

Sources: HB 2913SB 1446, 63 O.S. § 2-101, 2 O.S. § 3-4032 O.S. § 3-402, & 2 O.S. § 3-408

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Medical Marijuana – 2018 Oklahoma Laws #3

smoking medical marijuana in oklahoma

On June 26, 2018, over 56% of Oklahoma voters for the least-restrictive medical marijuana law in the country. The law went into effect on July 26, 2018, and as early as November 2018, marijuana bud was for sale at dispensaries. It’s considered the least restrictive because there are no qualifying medical conditions. The conditions marijuana can be prescribed for are completely left up to the prescribing doctor. The law made significant changes to the punishment for marijuana possession.

Now, a person in possession of a state issued medical marijuana license may legally:

  1. Consume marijuana;
  2. Possess up to three ounces of marijuana on their person;
  3. Possess six mature marijuana plants;
  4. Possess six seedling plants;
  5. Possess one ounce of concentrated marijuana;
  6. Possess 72 ounces of edible marijuana; and
  7. Possess up to eight ounces of marijuana in their residence.

Furthermore, possession of up to 1.5 ounces of marijuana by anyone who can state a medical condition, but not in possession of a state issued medical marijuana license, constitutes a misdemeanor with a maximum fine of $400. Succinctly, if you don’t have a marijuana card and are caught by law enforcement with up to 1.5 ounces of weed and you can state a medical condition, then the worst punishment you can receive is a $400 fine–no jail time. Note the language “can state a medical condition.” It doesn’t say you must actually have that medical condition. So, theoretically, you can just say some random medical condition and you should be ok. I will be interesting to see how this plays out. Also, it does not say whom you must say the medical condition to. The police officer? The court? If you don’t immediately state one, then can you later go in front of a judge and say one? This is uncharted territory, so we simply don’t know how this language will ultimately be interpreted.

It will be interesting to see how this new “marijuana possession law for non-card holders” shakes out in relation to the statute that was changed by SQ 780 on July 1, 2017. That law says that (simple) possession of any controlled dangerous substance in Oklahoma can result in up to one year in jail and up to a $1,000 fine. It’s the expectation that someone who does not have a marijuana card and is not in possession of more than 1.5 ounces of weed will be charged under this new law. Some municipalities have already changed their marijuana possession punishment to become aligned with this new change in state law. It’s likely that more changes, such as changing the penalties for paraphernalia, will also soon follow.

This was a watershed moment for the country. We proved that the people want easily available medical marijuana–in one of the most conservative states in the country. If this law could be passed by Oklahoma voters, it could be passed anywhere. Just as the sky did not fall as the opponents of 780 (making simple possession of all drugs a misdemeanor) had predicted, the sky will not fall as opponents of this ballot measure predicted. I believe that after a few years of marijuana no longer being such a “big deal’ here, Oklahomans will easily legalize recreational marijuana.

Sources: SQ 788, 63 O.S. § 420A63 O.S. § 2-402Village formally reduces marijuana possession penalties in updated city codeOKC City Council Passes City Ordinance Concerning Marijuana, & Oklahoma Town Decriminalizes Marijuana With Ordinance Changes

Have you been arrested for marijuana in Oklahoma?

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Alcohol Laws Modernized – 2018 Oklahoma Laws #2

Oklahoma Criminal Defense Attorney
In November 2016, Oklahomans voted to significantly change our alcohol laws. Those changes went into effect on October 1, 2018.

Here are the big-picture changes:

  • Liquor stores can sell refrigerated beer and wine
  • Grocery stores and gas stations can sell chilled beer stronger than 3.2% ABV
  • Grocery stores and gas stations can sell wine and chilled high-point beer every day of the week from 6 a.m. until 2 a.m., including Sundays
  • Liquor stores can sell refrigerated beer and wine from 8 a.m. until midnight. However, liquor stores will still not be open on Sunday
  • Employees at grocery and convenience stores have to be at least 18 in order to handle or sell beer or wine
  • Beer in grocery stores can be up to 8.99% ABV, and wine can be up to 15% ABV
  • Only liquor stores can sell beer or wine greater than 8.99 ABV
  • The direct shipment of wine to and from Oklahoma is allowed
  • Liquor stores can sell items other than alcohol, as long as those sales don’t exceed 20% of monthly sales

The rest of this blog post goes over the new liquor laws that have criminal implications.

Prohibited Acts by Commission Members and Employee

No member or employee of the ABLE Commission may:

  • Be appointed or serve who has been convicted of a felony or of any violation of any federal or state law relating to alcoholic beverages;
  • Directly or indirectly, individually or as a member of a partnership, or as a shareholder of a corporation, have any interest whatsoever in the manufacture, sale or distribution of alcoholic beverages;
  • Receive any compensation or profit therefrom, nor have any interest, directly or indirectly, in any business authorized by a license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act. The holding of membership or elective or appointed office in fraternal organizations which obtain licenses authorized by the Oklahoma Alcoholic Beverage Control Act is not considered to be engagement in the alcoholic beverage business;
  • Solicit or accept any gift, gratuity, emolument, or employment from any person subject to the provisions of the Oklahoma Alcoholic Beverage Control Act, or from any officer, agent, or employee thereof;
  • Solicit, request from, or recommend, directly or indirectly, to any such person or to any officer, agent or employee thereof, the appointment of any person to any place or position, and every such person, and every officer, agent or employee thereof, is hereby forbidden to offer to any member or employee of the ABLE Commission any gift, gratuity, emolument or employment;
  • Accept employment within the alcoholic beverage industry for any holder of a license issued pursuant to the provisions of the Oklahoma Alcoholic Beverage Control Act; or
  • Represent, directly or indirectly, any such licensee in any proceedings before the Director, the ABLE Commission or the Tax Commission within two years following separation from the ABLE Commission.

It’s a misdemeanor to violate any of the above. In addition to the penal provisions, any person convicted will be immediately removed from the office or position he or she holds.

It’s illegal for any member or employee of the ABLE Commission to lend, expend, or contribute any money, funds, property, or other thing of value, or use his or her official position for the purpose of securing the nomination or election or the defeat of any candidate for public office in the State of Oklahoma. This crime is a misdemeanor. The range of fine is $2,500–$5,000. The maximum jail time is one year. If found guilty, the individual will be discharged from the office or position he or she holds and will not be rehired to any state position.

Source: 37A O.S. § 1-110

 

Sale or Shipping of Alcoholic Beverages by Out of State Entities

Oklahoma Criminal Defense Attorney

It’s illegal to manufacture, rectify, sell, possess, store, import into or export from Oklahoma, transport or deliver any alcoholic beverage except as specifically provided in the Oklahoma Alcoholic Beverage Control Act. Nothing in this law prevents the possession and transportation of alcoholic beverages for the personal use of the possessor and his or her family and guests, so long as the Oklahoma excise tax has been paid on that alcohol, except for beer. Nothing in this law prevents a person from making beer, cider, or wine, by simple fermentation and without distillation for personal use if the maker of such beverages has first applied for and possesses a valid personal use permit issued by the ABLE Commission; the total volume of beer, cider, or wine produced in any given calendar year must be less than 200 gallons. Beverages made pursuant to a personal use permit can’t be sold or offered for sale. A personal use license is also referred to as a “cider/wine” permit or a “hobby permit.” There is currently no fee for a personal use license. The application for a personal use license can be found here.The fee for this license is $0.

Any duly licensed physician or dentist may possess and use alcoholic beverages in the strict practice of the profession. Any hospital or other institution caring for sick or diseased persons may possess and use alcoholic beverages for the treatment of bona fide patients of such hospital or institution. Any drugstore employing a licensed pharmacist may possess and use alcoholic beverages in the preparation of prescriptions of duly licensed physicians.

The possession, transportation and dispensation of wine by any authorized representative of any church for the conducting of a bona fide rite or religious ceremony conducted by such church is not prohibited. The sale, shipping, or delivery of sacramental wine by any person holding a sacramental wine supplier license issued pursuant to the Oklahoma Alcoholic Beverage Control Act to any religious corporation or society of this state holding a valid exemption from taxation issued pursuant to Section 501(a) of the Internal Revenue Code, 1954, and listed as an exempt organization in Section 501(c)(3) of the U.S. Internal Revenue Code.

The possession, transportation, and sale of alcoholic beverages within military reservations and in accordance with the laws and rules governing such military reservations is legal so long as the Oklahoma excise tax has been paid on such beverages.

It’s illegal for any manufacturer, wine and spirits wholesaler, beer distributor, or retailer of alcoholic beverages, located and doing business from outside Oklahoma, to make retail sales of alcoholic beverages to purchasers located in Oklahoma or to ship alcoholic beverages sold at retail to persons located in Oklahoma. This crime is a felony if the sale or delivery is made to a person under 21. The maximum punishment in the Department of Corrections is five years. This crime is a misdemeanor if the sale or delivery is made to a person 21 or older. The maximum fine in either case is $5,000. If the person holds a license issued by the ABLE Commission, the license will be revoked.

Sources: 37A O.S. § 3-101 & Fee schedule for licenses

 

Sale of Beer Kegs – Identification Seal – Records of Sales – Theft of Keg from Purchaser

An identification seal must be affixed to beer kegs that are for sale.IT must be approved by the ABLE Commission and display an identification number and any other information that may be prescribed by the ABLE Commission. Intentional removal or defacement of the seal is a misdemeanor.

Anyone who purchases a beer keg and who fails to return the keg or who returns a keg with a damaged or missing seal shall be subject to a fine of $500.00.

Any licensed retailer who fails to report an individual to law enforcement who purchased a beer keg and who failed to return the keg or who returned a keg with a damaged or missing seal commits a misdemeanor. The minimum fine for the first and second offenses is $500. A third violation by a licensed retailer will result in the revocation of the retailer’s license for up to one year.

Anyone who purchases a beer keg that is subsequently stolen is not be liable for any penalty imposed if that person properly reported the theft of the beer keg to law enforcement authorities within 24 hours of the discovery of the theft.

Source: 37A O.S. § 3-104 

 

Direct Wine Shipper’s Permit – Direct Wine Consumer’s Permit – Rules – Duty of Common and Contract Carriers

Oklahoma Criminal Defense Attorney

No express company, common carrier, or contract carrier nor any representative, agent, or employee on behalf of the same may knowingly deliver any shipping container that contains an alcoholic beverage into Oklahoma, unless it complies with Oklahoma Law. No express company, common carrier, or contract carrier nor any representative, agent, or employee on behalf of the same may knowingly deliver any shipping container that is clearly labeled as containing an alcoholic beverage, including but not limited to the lawful shipment of wine under Oklahoma Law, to any person in this state who is under 21 at the time of delivery. It’s a misdemeanor for any express company, common carrier, or contract carrier that carries or transports alcoholic beverages for delivery within Oklahoma to violate Oklahoma’s law on the shipment of alcoholic beverages. The fine for the first offense is up to $2,500. The fine for the second offense is up to $5,000. The fine for the third and subsequent offenses is up to $10,000. An express company, common carrier and contract carrier will be held vicariously liable for the actions of its representatives, agents and employees for actions in violation of Oklahoma’s law on the shipment of alcohol.

Source: 37A O.S. § 3-106 

 

Sale of Alcoholic Beverages to Licensed Wine and Spirits Wholesalers

A manufacturer or subsidiary of a manufacturer who markets its products solely through a subsidiary or subsidiaries, a distiller, rectifier, bottler, winemaker or importer of alcoholic beverages, bottled or made in a foreign country, either within or without this state, must sell such beverages only to wine and spirits wholesalers. This does not apply to brewers.

Manufacturers can’t require a wine and spirits wholesaler or beer distributor to purchase any alcoholic beverages or any goods, wares, or merchandise as a condition to the wine and spirits wholesaler or beer distributor obtaining or being entitled to purchase any alcoholic beverages.

Violation of this law is a misdemeanor. Conviction automatically revokes the violator’s license.

Source: 37A O.S. § 3-116

 

Bottle Clubs

Criminal Defense Attorney in Oklahoma

It’s a misdemeanor for a bottle club licensee, or employee, or agent of such a licensee to sell an alcoholic beverage to a member. The fine is $1,000. The club license will be revoked for 30 days.

It’s a misdemeanor for a bottle club licensee, or employee or agent of such a licensee to delivers or furnish an alcoholic beverage to a member that does not belong to the member The range of fine is $500.00–$1,000. The club license will be revoked for 30 days.

It’s a misdemeanor for a bottle club licensee, or employee or agent of such a licensee to permits any person who is not a member to enter and remain in the designated bar or lounge area of the club premises. The fine is $1,000. The bottle club license will be suspended for 30 days. No bottle club licensee, or employee or agent of such a licensee may serve alcoholic beverages to any person who does not possess a valid membership card for that club issued by the club.

Source: 37A O.S. § 3-127

 

Mixed Beverage Tax Permits

Every holder of a mixed beverage, if not catered, beer and wine, caterer, hotel beverage, public event, if not catered, or special event license, issued by the ABLE Commission, has to obtain a mixed beverage tax permit from the Oklahoma Tax Commission prior to selling, preparing, or serving mixed beverages, ice, or nonalcoholic beverages that are sold, prepared, or served to be mixed with alcoholic beverages. Each licensee must file a verified application for a mixed beverage tax permit with the Tax Commission.

It’s a misdemeanor to engage in the above activities without a mixed beverage permit or after a permit has been suspended. The maximum punishment in jail is 60 days. The maximum fine is $1,000.

Source: 37A O.S. § 5-107

 

Possession of More than One Liter of Beverage with Excise Tax Levied but Unpaid

It’s a misdemeanor to possess more than one liter of alcoholic beverage, the bottle or other original container upon which the excise tax has not been paid as provided for by the Oklahoma Alcoholic Beverage Control Act. If you hold a license under the Oklahoma Alcoholic Beverage Control Act, then your license will be subject to revocation or suspension by the ABLE Commission.

Source: 37A O.S. § 5-118

 

Invoices and Bills of Lading – Contents – Person Receiving Shipment to Demand and Retain Copy

Every manufacturer, wine and spirits wholesaler, beer distributor, or nonresident seller selling alcoholic beverages in Oklahoma, or selling alcoholic beverages for shipment into Oklahoma must, at the time such sale is made, make and deliver to the purchaser or transporter an invoice, bill of lading, manifest, or other document describing such alcoholic beverages, showing:

  1. The date of such sale or delivery;
  2. The name and ABLE Commission license number of the seller;
  3. The point of origin of the movement of such alcoholic beverages and the destination of same;
  4. The kind and quantity and a description of such alcoholic beverages, including the proof of all spirits;
  5. The name and ABLE Commission license number of the purchaser;
  6. The sale price; and
  7. Such other information as the Oklahoma Tax Commission may, by form or rule, require.

Every invoice, bill of lading, manifest, or other document describing such alcoholic beverages, except beer, must be identified by consecutive numbers printed upon the invoice or document, and every seller and purchaser must account for each copy of his or her invoice and each number thereof.

Every common carrier and private carrier, and every person who transports any alcoholic beverages from any point within Oklahoma to any other point within outside Oklahoma, or into Oklahoma must at all times, while such alcoholic beverages are in transit, have in the possession of the driver or operator of the transporting carrier or vehicle the invoice, bill of lading, manifest, or other document describing the alcoholic beverages being transported.

Every manufacturer, wine and spirits wholesaler or beer distributor importing into or purchasing in Oklahoma any alcoholic beverage, and any retailer purchasing any alcoholic beverage in Oklahoma, must at the time of delivery or acceptance of such alcoholic beverage, demand and receive a proper bill of lading, invoice, manifest, or other document, particularly describing such alcoholic beverage and showing the proof of all spirits.

Every manufacturer, wine and spirits wholesaler, beer distributor, nonresident seller, and retailer must retain one copy of each invoice, bill of lading, manifest, or similar document covering all such sales and purchases by such licensee, as a part of the permanent records of such licensee for a period of at least three years.

A violation of this law is a misdemeanor—whether you are acting for yourself or as an agent or licensee. Any violation of the provisions of this law also constitutes grounds for the revocation by the ABLE Commission of any license issued under the Oklahoma Alcoholic Beverage Control Act.

Source: 37A O.S. § 5-125

Read More: How Does An Officer Determine Intoxication?

Matching of Alcoholic Beverages to Wholesaler Invoices

No mixed beverage, beer and wine, caterer, public event, or special event licensee nor any officer, agent, or employee of such licensee may possess or permit to be possessed on the premises, for which the license was issued, any container of an alcoholic beverage that isn’t listed on an invoice from the wholesaler from whom the alcoholic beverage was purchased, unless otherwise permitted by law.

All containers of alcoholic beverages that are on the premises of a mixed beverage, beer and wine, caterer, public event, or special event licensee and aren’t listed on an invoice from the wholesaler pursuant to the provisions of this law are considered contraband. Any duly authorized employee of the ABLE Commission or the Oklahoma Tax Commission is authorized to seize such containers or cases. Those seized containers or cases are subject to confiscation and forfeiture.

A violation of this law by any holder of a wholesaler, mixed beverage, beer and wine, caterer, public event, or special event license is a misdemeanor. Their license is subject to revocation or suspension.

Source: 37A O.S. § 5-137

 

Prohibition on the Consumption of Alcohol by Invitee Under 21

It’s illegal to knowingly and willfully permit someone under 21, who is an invitee to your residence, any building, structure, or room owned, occupied, leased or otherwise procured by you or on any land owned, occupied, leased, or otherwise procured by you, to possess or consume any alcoholic beverage or controlled dangerous substance, in such place.

This crime is a misdemeanor for the first offense. The maximum fine is $500. If you violate this law within ten years of either 1) violating this same law; 2) violating the provisions of another state prohibiting the same activity; or 3) violating an ordnance in a municipal court of record that prohibits the same activity, then the maximum fine will be $1,000.

This crime becomes a felony after you have been twice convicted of violating this law, the provisions of any law of another state prohibiting this activity, a municipal ordnance from a municipal court of record prohibiting this activity, or any combination of the above. The maximum punishment in the Department of Corrections is five years. The maximum fine is $2,500.

A violation of this law that causes great bodily injury or the death of a person is a felony. The maximum punishment in the Department of Corrections is five years. The range of fine is $2,500–$5,000.

It is illegal to disturb the peace of any person:

  1. In any public place, or in or upon any passenger coach, streetcar, or in or upon any other vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, drink or otherwise consume any intoxicating liquor (unless authorized by law), intoxicating substance or intoxicating compound of any kind, or inhale glue, paint, or other intoxicating substance;
  2. While drunk or intoxicated in any public or private road, or in any passenger coach, streetcar or any public place or building, or at any public gathering, from drinking or consuming such intoxicating liquor, intoxicating substance or intoxicating compound or from inhalation of glue, paint or other intoxicating substance; or
  3. While drunk or intoxicated from any cause.

This crime is a misdemeanor. The range of punishment in jail is 5–30 days. The range of fine is $10–$100.

Source: 37A O.S. § 6-101

 

Altering or Rendering Illegible Branding

It is illegal to erase, remove, obliterate, destroy, or render illegible in any manner any serial numbers, marks, brands, legends, license numbers, case numbers, or other information required by the Oklahoma Alcoholic Beverage Control Act or by Acts of Congress to be attached or placed upon any original containers or cases containing alcoholic beverages before the contents of such packages or cases have been entirely removed. This crime is a misdemeanor.

Source: 37A O.S. § 6-112

 

Failure to Possess Distiller’s License

It’s illegal to operate a whiskey still with the intent to produce alcoholic beverages. It’s also illegal to carry on the business of a distiller without possessing a valid and existing distiller’s license. This crime is a felony. The maximum punishment in the Department of Corrections is three years. The range of dine is $2,500–$5,000.

Source: 37A O.S. § 6-115

 

Filing Fraudulent Tax Returns

It’s illegal to file a false or fraudulent return in connection with any tax imposed by the Oklahoma Alcoholic Beverage Control Act. It’s also illegal to willfully evade, or attempt to evade, any alcohol tax. These crimes are felonies. The maximum punishment in the Department of Corrections is three years. The range of fine is $2,500–$5,000.

Source: 37A O.S. § 6-116

 

Failure to Possess Required License

It’s illegal to knowingly engage in any activity or perform any transaction or act for which a license is required under the Oklahoma Alcoholic Beverage Control Act without a license. The first offense is a misdemeanor. The range of punishment in jail is 30 days–6 months. The maximum fine is $2,500. A second and subsequent offense is a felony. The maximum punishment in the Department of Corrections is one year. The maximum fine is $2,500.

Source: 37A O.S. § 6-117

 

Unauthorized Sale, Possession, or Purchase of Alcohol

It’s illegal for any person holding a license issued pursuant to the Oklahoma Alcoholic Beverage Control Act to sell or deliver an alcoholic beverage to any person not entitled to purchase or receive it (except as provided by law). It’s also illegal for any person holding a license issued pursuant to the Oklahoma Alcoholic Beverage Control Act to have for sale any alcoholic beverage that he or she is not entitled to sell under the license. It’s also illegal for any person to buys an alcoholic beverage (either retail or wholesale) from any person other than a licensed dealer under the terms of the Oklahoma Alcoholic Beverage Control Act. This crime is a misdemeanor. The maximum punishment in jail is six months. The maximum fine is $1,500.

Source: 37A O.S. § 6-118

 

Buying Alcohol With a Fake ID

It’s illegal for someone under 21 years of age to try to buy alcohol with a fake ID. It’s also illegal for someone under the age of 21 to enter a package store or a separate or enclosed bar area (as designated by the ABLE Commission). This crime is a misdemeanor. The maximum fine is $50.

Additionally, if a person is convicted or pleads guilty to a violation of this law in any court having jurisdiction over the offense, the court may order the Department of Public Safety to cancel or deny the offender’s privilege to operate a motor vehicle. Upon such order, the court must require that the operator’s or chauffeur’s license, if any, be surrendered to the Department of Public Safety. The cancellation or denial period will be for one year, or until the person reaches 21, whichever is longer.

Any person whose driver license is ordered cancelled or denied pursuant to this law may petition the court of original jurisdiction for review of the order. Upon notice and hearing, the court may modify or withdraw the order as the court deems appropriate except:

  1. A court may not withdraw an order for at least 90 days following the issuance of the order if it is the first such order issued regarding the person named; and
  2. A court may not withdraw an order for at least six months following the issuance of the order if it is the second or subsequent such order issued regarding the person named. If the Department of Public Safety receives written notice from the court of original jurisdiction that it has withdrawn such an order, the Department has to immediately reinstate any driving privileges that have been canceled or denied under this law, without requiring payment of a reinstatement fee.

Someone convicted of a violation of the provisions of this law has to complete a substance abuse prevention program conducted by the Department of Mental Health and Substance Abuse Services or a private entity approved by the Department. Such program must include at least two sessions, each of which shall be not less than two hours long.

Source: 37A O.S. § 6-119

 

Selling, Finishing, or Giving Alcohol to an Underage Person

It’s illegal to furnish or give an alcoholic beverage to someone under 21. This crime is a misdemeanor for the first offense. The maximum punishment in jail is one year. The maximum fine is $500. A second and subsequent violation of this law is a felony. The maximum punishment in the Department of Corrections is five years. The range of fine is $2,500–$5,000.  The ABLE Commission will revoke the license of any person convicted of a violation of this law.

Source: 37A O.S. § 6-120 

 

Selling, Furnishing, or Giving an Alcoholic Beverage to an Insane, Mentally Deficient or Intoxicated Person

It’s illegal to knowingly sell, furnish, or give an alcoholic beverage to an insane, mentally deficient, or intoxicated person. The first violation is a misdemeanor. The maximum punishment in jail is one year. The maximum fine is $500. A second and subsequent violation of this law is a felony. The maximum punishment in the Department of Corrections is five years. The range of fine is $2,500–$5,000.  The ABLE Commission will revoke the license of any person convicted of a violation of this law.

Source: 37A O.S. § 6-121

Read More: After A DUI Arrest In Oklahoma, Should I Request A DPS Hearing Or Modified License With Interlock?

Hours of Operation to Sell Alcohol

It’s illegal to sell or keep a package store open to sell any alcoholic beverage during any day or hours not authorized by the Oklahoma Alcoholic Beverage Control Act. It’s also illegal to sell or permit the sale of alcoholic beverages at a grocery store, convenience store, or drug store during any day or hours not authorized by the Oklahoma Alcoholic Beverage Control Act. The first violation is a misdemeanor. The maximum punishment in jail is one year. It is punishable by a fine of up to $500. A second and subsequent violation of this law is a felony. The maximum punishment in the Department of Corrections is five years. The range of fine is $2,500–$5,000.  The ABLE Commission will revoke the license of any person convicted of a violation of this law.

Source: 37A O.S. § 6-123

 

Permitting a Person to be Intoxicated on Licensee’s Premises

It’s illegal for any licensee to allow a person to be drunk or intoxicated on the licensee’s licensed premises. This crime is a misdemeanor. The maximum punishment in jail is 30 days. The maximum fine is $100.

Source: 37A O.S. § 6-124

 

Violation of the Oklahoma Alcoholic Beverage Control Act

If a provision of the Oklahoma Alcoholic Beverage Control Act does not prescribe a specific penalty, then the crime is a misdemeanor. The maximum punishment in the county jail is six months. The maximum fine is $500.

Provided, however, notwithstanding any provision of law to the contrary, any offense, including traffic offenses, in violation of any of the provisions of the Oklahoma Alcoholic Beverage Control Act that is not otherwise punishable by a term of imprisonment or confinement will be punishable by a term of imprisonment not to exceed one day in the discretion of the court, in addition to any fine prescribed by law.

Source: 37A O.S. § 6-125

These laws went into effect because Oklahomans approved State Question 792 in 2016. That ballot measure was codified in SB 383. Additional changes were made in SB 646.

Have you been arrested for violating an Oklahoma alcohol law? Contact Oklahoma City alcohol law attorney Frank Urbanic.

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Possession Of CDS With Intent To Distribute & Other Major Drug Crimes Punishments Reduced – 2018 Oklahoma Laws #1

Drug CrimesThe severity of punishment will be reduced in Oklahoma for possession CDS with intent to distribute, distribution & manufacture of CDS & imitation CDS, use of a minor to sell drugs, selling drugs to a minor, selling drugs in the presence of a young child, and possessing/transporting with intent to distribute & manufacturing CDS within 2000 ft of a school/park/project/child care facility. Anyone convicted of those offenses for a second or subsequent time will not be considered a habitual offender, which means the sentencing enhancement statute can’t be used. The eligibility for a deferred sentence, a suspended sentence, and probation has greatly increased for someone convicted of those crimes.

Transporting Or Possessing CDS With Intent To Distribute

The punishments were broken down previously into the following groups:

  1. Any narcotic that’s in Schedule I or II, LSD, gamma butyrolactone, gamma hydroxyvalerate, gamma valerolactone, 1,4 butanediol, 1,4 butanediol, and GHB.
  2. Any other CDS in Schedule I, II, III, or IV.
  3. Schedule V substances.

The change in law doesn’t put specific drugs into a separate category and lumps Schedule V drugs in with Schedule III and IV drugs. New punishments:

  1. Any Schedule I or II substance (except marijuana):
    • First offense – up to seven years in prison (was 5-life); up to $100,000 fine
    • Second offense – up to 14 years in prison (new)
    • Third and subsequent offenses – up to 20 years in prison (new)
  2. Any CDS in Schedules III, IV, and V, including marijuana:
    • First offense – up to five years in prison; up to $20,000 fine
    • Second offense – up to ten years in prison
    • Third and subsequent offenses – up to 15 years in prison

Previously, the range of punishment for every offense (including the first), except for Schedule V drugs, was five years-life. To put in perspective how dramatic of a change this law is, not only is there now no minimum time no matter how many times someone has committed this offense–but the caps on third and subsequent offenses are 20 and 15 years. The only time someone used to be eligible for probation was on a first offense. Now, a defendant is eligible for probation regardless of how many times they have been convicted of possession with intent to distribute.

Transporting Or Possessing Imitation CDS With Intent To Distribute

The first offense for an imitation controlled substance is still a misdemeanor. The maximum punishment on a second offense has been reduced from five years in prison to two.

Distribution & Manufacturing CDS & Synthetic CDS

The law change specifies ranges of punishment for the distribution or manufacture of a CDS and synthetic CDS:

  • First offense – up to ten years in prison; up to $25,000 fine
  • Second offense – 2-20 years in prison
  • Third and subsequent offenses – ten years-life in prison

Someone convicted of these crimes two or more times will no longer be considered a habitual offender. The previous maximum fine was $100,000. The provision requiring the offender on second and subsequent offenses to be fined twice the fine authorized has been removed. New language specifically states that offenders are eligible for probation, deferred sentences, and suspended sentences. In the previous version of this law, this subsection only addressed synthetic controlled substances. There’s a conflict between this subsection and another subsection in this statute that covers the manufacture of CDS, which remained unchanged.

Using A Minor To Distribute Drugs, Distributing Drugs To A Minor, & Distributing CDS In The Presence Of A Young Child

Punishment for someone 18 or older who uses or solicits the use of services of someone who is less than 18 to distribute, dispense, transport with intent to distribute, dispense, or cultivate a CDS; distributes a CDS to a person under 18, or distributes a CDS in the presence of a person under 12:

  • First offense – 2-10 years in prison
  • Second offense – 4-20 years in prison
  • Third and subsequent offenses – 10 years-life

An adult distributing a CDS in the presence of someone under 12 is now a separate crime.

Possessing With Intent To Distribute, Transporting With Intent To Distribute, Or Manufacturing CDS Within 2000 ft Of A School, Park, Public Housing Project, Or Child Care Facility

  • First offense – term of imprisonment not more than twice that authorized by the respective provision of this section; there is no longer a requirement that the defendant serve at least 50% of their sentence
  • Second and subsequent offenses – term of imprisonment not more than three times that authorized by the respective provision of this section; defendant is not eligible for a deferred sentence, suspended sentence, or probation; this is no longer an 85% crime

Someone convicted of a second and subsequent crime of transporting or possessing with an intent to distribute a CDS, distribution of a CDS, using or soliciting the services of someone less than 18 to distribute, dispense, transport with the intent to distribute or dispense or cultivate a CDS, distributing a CDS to someone under 18, or distributing a CDS in the presence of someone under 12 may not be punished as a habitual offender under 21 O.S. § 51.1. The only crimes in this statute for which someone who is convicted of a second and subsequent offense may be treated as a habitual offender is manufacturing or attempting to manufacture a CDS.

SB 793 amends 63 O.S. § 4-401. It goes into effect on November 1, 2018. This law is not retroactive, so it will not apply to offenses committed before November 1, 2018.

Sources: SB 79363 O.S. § 4-401

Oklahoma Possession CDS With Intent To Distribute Attorney

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Can I Get A Gun License In Oklahoma If I Have A Medical Marijuana Card?

oklahoma gun permit marijuana card

Under the language enacted by SQ 788, a medical marijuana license holder may have and be issued a gun license. Section 245A in Title 63 of the Oklahoma Statutes states, “No person holding a medical marijuana license may unduly be withheld from holding a state issued license by virtue of their being a medical marijuana license holder. This would include such things as a concealed carry permit.” A concealed carry permit is now referred to as a handgun permit.

It’s believed that the new medical marijuana law overrides language in 21 O.S § 1290.10. It says that someone may not have a gun license if that person is ineligible to possess a pistol due to any provision of Oklahoma or U.S. law, except for felons who have been pardoned. Federal law states that anyone who is a user of a substance that the federal government considers illegal (which currently still includes marijuana) may not legally possess a gun or ammunition. Since this law is so new, the courts may ultimately have to decide this issue.

Even if you’re allowed to get a gun permit as a medical marijuana license holder under this new law, you still can’t legally possess a firearm or ammunition. Firearms dealers may not sell a gun or ammunition to anyone they have reason to believe is an illegal drug user (per federal law). Possession of a medical marijuana license would give a firearms dealer sufficient reason to believe someone is an illegal drug user (under federal law).

Would The OSBI Or A Gun Dealer Know That I Have A Medical Marijuana License?

It is unlikely that the OSBI or firearms dealers would know whether you had a medical marijuana license. This is due to the protections in 63 O.S. § 420A. It states that “The State Department of Health will ensure that all application records and information are sealed to protect the privacy of medical license applicants.” Therefore, we can assume that medical marijuana license information will remain private to everyone unless the individual discloses their status. The only way a firearms dealer would know that you have a medical marijuana license is if you told them about your medical marijuana license or used your medical marijuana license as a form of identification.

SOURCES: 18 U.S.C. § 922, ATF Form 4473, 18 U.S.C. § 924, & ATF 2011 Letter

Charged with a marijuana crime? Call Oklahoma marijuana defense attorney Frank Urbanic.

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Can I Have A Gun If I Have A Medical Marijuana License In Oklahoma?

oklahoma medical marijuana

On June 26, 2018, voters in Oklahoma overwhelmingly approved medical marijuana by approving SQ 788. The legality of having a gun while possessing a medical marijuana license became a hot topic immediately after the vote. According to federal law, it’s illegal to possess a gun if you are a medical marijuana license holder regardless of state law.

The federal law that controls this issue is 18 U.S.C. § 922. Subsection (g) states that it’s unlawful for “any person who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802) to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” Succinctly, anyone who illegally uses any drug defined as a controlled substance by the federal government cannot possess a gun. Marijuana is a Schedule I substance on the federal schedule, so the federal government considers every user of marijuana an illegal use of a controlled substance. Possessing a state license for medical marijuana doesn’t make somebody a legal marijuana user in the eyes of the federal government. Note that you don’t have to be an addict for this statute to apply—merely a user.

Possessing a gun or ammunition as a user of illegal drugs is a felony. The maximum punishment in federal prison is ten years. Furthermore, it’s illegal “for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person . . . is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)).” Succinctly, it’s illegal to sell or transfer a gun to someone you reasonably believe is an illegal drug user. What could give someone the reasonable belief that you’re an illegal drug user? A medical marijuana license! The Bureau of Alcohol, Tobacco, Firearms and Explosives stated in a 2011 letter that if a transferor knows that a potential transferee of a firearm possesses a card authorizing the possession and use of marijuana under state law, then the transferor has “reasonable cause to believe” that the person trying to get the firearm is an unlawful user of a controlled substance. The ATF further stated that “any person who uses or is addicted to marijuana, regardless of whether his or her State has passed legislation authorizing marijuana for medicinal purposes, is an unlawful user of or addicted to a controlled substance, and is prohibited by Federal law from possessing firearms or ammunition.”

Knowingly transferring a firearm or ammunition to a user of illegal drugs is a felony. The maximum punishment in federal prison is ten years.

If you buy a gun, you have to fill out ATF Form 4473, Firearms Transaction Record. Question 11e asks, “Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance?” And right after that question, it has in bold print “Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.” A gun seller may not legally sell a gun to anyone who checks “yes” to that question.

The bottom line is that you lose your gun rights if you use marijuana—whether it’s illegally or under a state-sanctioned medical marijuana program. Nobody may legally sell a gun or ammunition to someone they reasonably believe uses marijuana. Therefore, individuals seeking a medical marijuana license will have to weigh the risks and benefits of that course of action.

As more states legalize marijuana for both recreational and medicinal use, something clearly needs to give here. Oklahoma’s approval of medical marijuana has been called a tipping point in the legalization of marijuana, and more states will follow. For now, however, it’s a federal crime to own a gun and use marijuana, and it’s a federal crime to transfer a gun to a marijuana user. The federal government must remove the threat of violating a federal law from otherwise law-abiding citizens and remove marijuana from the list of controlled substances.

SOURCES: 18 U.S.C. § 922, ATF Form 4473, 18 U.S.C. § 924, & ATF 2011 Letter

If you’ve been arrested for marijuana,

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New Oklahoma Criminal Laws In 2017 – Summary

These are the significant Oklahoma criminal laws that went into effect in 2017:

  1. SQ 780 Makes Simple Possession Of All Drugs A Misdemeanor
  2. Illegal To Practice Massage Therapy Without A License
  3. Seduction & Slander Now Legal
  4. Presentence Investigation Changes
  5. Left Lane Only For Passing
  6. Minors Prohibited From Using Tanning Facilities
  7. Military 21 & Older Can Carry Handgun Without Permit
  8. Change To Statute Of Limitations For Child Sexual Abuse Victims
  9. Oklahoma Legislature Jacks Up More Fees On Defendants
  10. Domestic Abuse Victims Can Transfer Wireless Phone Numbers & Utilities
  11. All Rape By Instrumentation Is Now First Degree Rape
  12. Statute Of Limitations Change For Sexual Crimes Against Children
  13. Must Instruct Jury On Definition Of Consent In Sex Crime Cases
  14. Sex Offender Registration Requirements Change
  15. Charging State Subcontractors With Sex Crimes
  16. Harsher Punishment For Cop Killers
  17. Risk And Needs Assessment For Prisoners
  18. Marijuana Definition Changed
  19. New Drugs Added To Schedules
  20. Self-Defense Exception Added To Pointing A Weapon
  21. Handguns In Courthouses
  22. New Prohibited Areas For Carrying Handguns
  23. Military Gets Handgun License
  24. Motorcycle Concealed Carry
  25. Handgun Added To Definitions In Self-Defense and Firearms Acts
  26. Immunity For Business Owners For Weapons While In The Scope Of Employment
  27. Domestic Violence Court Program
  28. New Trespass & Damage To Critical Infrastructure Law
  29. Doesn’t Matter If You Don’t Know Human Trafficking Victim’s Age
  30. Misdemeanors Removed From DNA Fee
  31. Notification Of Crime Victims
  32. Victims Impact Panel Changes
  33. Destruction Of Obscene Material & Child Pornography
  34. Laws Outlawing Activities By Telephone Company & Message Carriers Repealed

This is likely the most comprehensive list of 2017 Oklahoma criminal laws around. I personally researched and wrote each post. I owe it to my clients to be knowledgeable on the changes in law. Writing this annual list is an opportunity to educate myself and the public. I welcome any feedback you have on this list or future updates to Oklahoma criminal laws.

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