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Enforcement of New Marijuana Law in Oklahoma Impeded By Past Statutes, Experts Say

Attorneys in Tulsa County have said jail time for marijuana possession remains a possibility until or unless the Legislature acts to clean up existing statutes.

Jail Adobe Stock Credit Miguel Aguirre Resized

State Question 788, following the passage in 2016 of State Question 780, took another step toward decriminalizing marijuana use by reducing the criminal penalty for those without proper licensing who can cite a medical condition.

However, because neither resulted in a overhaul of state drug or paraphernalia possession laws, attorneys in Tulsa County have said jail time for marijuana possession remains a possibility until or unless the Legislature acts to clean up existing statutes.

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House Majority Floor Leader Jon Echols, R-Oklahoma City, said Friday that continued aggressive prosecution of simple marijuana possession is clearly contrary to the spirit of both measures. Echols is a co-chairman of the bipartisan, bicameral group working on SQ 788 regulations.

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“The citizens have now told us twice they don’t want nonviolent drug offenders going to prison,” he told the Tulsa World.

The possession provision of SQ 788 took legal effect Thursday. It mandates a $400 fine for marijuana users who have 1½ ounces or less and who do not have a patient license but state a medical condition to authorities.

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Top Image: © Miguel Aguirre | Adobe Stock

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