Tag: sq 780

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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?

Contact Oklahoma marijuana attorney Frank Urbanic.

Don’t panic!

Call Urbanic®

405-633-3420

New Oklahoma Laws In 2017 Part 1 – SQ 780 Makes Simple Possession Of All Drugs A Misdemeanor

I saved the best for first! Starting July 1, 2017, simple possession of every drug becomes a misdemeanor. It doesn’t matter how many times you’ve been convicted of drug possession, what kind of drug it is, where you were caught with it, or whether there was a child with you–it’s ALL a misdemeanor. This change was due to 58% of Oklahoma voters passing State Question 780 in November 2016. SQ 780 amends 63 O.S. § 2-402.

The change moves Oklahoma from one of the harshest states for drug possession to likely the most lenient for drug possession. Generally, the law just prior to SQ 780 going into effect was as follows:

  • Felony to be caught with any Schedule I or II substance except marijuana
  • Felony to be caught a second or subsequent time with marijuana or any Schedule II, IV, or V substance
  • Felony to be caught with any controlled substance within 1000 feet of a school and a bunch of other places
  • Felony to be caught with any controlled substance with a child under 12 present

All of those qualifiers are now GONE! It’s very simple now–it’s all a misdemeanor. The change is radical, but it’s what Oklahoma needs. Oklahoma has the second highest incarceration rate in the country, and has the highest incarceration rate for women.

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We are sick and tired of our prisons being filled with people who don’t belong there. Meddling politicians tried to change the law in 2017 before it was even implemented, but thankfully those bills died. Power to the people!!!

Unfortunately, the law is not retroactive. So, people arrested for simple drug possession through June will be charged under the old version of the statute even though they were charged after the new version went into effect.

If you have been arrested for drug possession in Oklahoma …

Don’t panic!

Call Urbanic

405-633-3420

Sources:

Text of SQ 780 – https://www.sos.ok.gov/documents/questions/780.pdf

63 O.S. § 2-402 – http://www.oscn.net/applications/OCISWeb/DeliverDocument.asp?CiteID=479470

 

This is the (current) law that prosecutors will use to overturn the will of Oklahoma voters

In November 2016, voters in Oklahoma resoundingly said they’re fed up with the way drug crimes are prosecuted. State Question 780 modified the drug possession statute. It made every simple possession of drugs a misdemeanor. It won’t matter where you had the drugs, what kind of drug it was, or how many times you’ve been arrested for drug possession–it will always be a misdemeanor. The law goes into effect on July 1, 2017, and 58% of voters approved it

Now, our legislature is trying to undo SQ 780. The most likely legislative change will be to make it a felony to possess drugs within a certain distance of a handful of areas. This will turn about half of Oklahoma into a felony drug possession area. Oh, and you will have to serve 90% of your prison sentence.

HOWEVER–our out-of-touch legislators won’t have to wait until their meddling goes into effect. An obscure Oklahoma law CURRENTLY makes it a felony to possess a controlled dangerous substance without “affixing the appropriate stamp.” This is not a joke. So, come July, when prosecutors can’t use the usual drug possession statute anymore to charge people with felonies, they will be using 68 OS § 450.8 to convict people of not possessing a tax stamp. Of course, nobody will have a tax stamp, so any simple possession of drugs can also be a violation of this statute.

This is beyond outrageous. I love how people are out there now telling the voters that they were too stupid to know what they were voting for. I know exactly what I voted for, as did many people I talked with. The ink isn’t even dry on this statute, and everyone is trying to find a way to nullify it. Our prisons are overcrowded. Lives are ruined early on due to felony drug charges. The people who voted for SQ 780 see the effects of Oklahoma’s harsh drug laws first-hand. The people who are trying to change this law supposedly represent the community. Unfortunately, they don’t see things from the perspective of people who experience how broken the system is. Let’s see how this new law plays out before attempting to change it.

If you’ve been arrested for drug possession, then call The Urbanic Law Firm!

405-633-3420

Source:

68 OS § 450.8 – http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=92035