THE OKLAHOMA BAR JOURNAL 16 | MAY 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. THE PASSAGE OF STATE QUESTION 788 IMPACTED EVERY OKLAHOMAN more than they may know. In June 2018, Oklahoma became the 30th state to allow for the sale of medicinal marijuana to state-registered patients.1 If someone does not have a medical marijuana card themselves, they are guaranteed to know someone who does. There were over 350,000 medical marijuana-licensed patients in Oklahoma in 2023.2 Since the passage of State Question 788, the pertinent law surrounding the use, growth and consumption of marijuana has become far more complex. Oklahoma cannabis law is a quagmire, constantly changing and adapting to reflect the current morals and values of our state lawmakers. The laws can be very confusing and turn an innocent situation into a crime scene. There are numerous scenarios in which a person who lawfully possesses marijuana can make a choice that turns their legal weed into an illegal substance. This article will outline some illustrative examples of legal, medicinal cannabis use that turned into a crime in Oklahoma. THE FRIENDLY CONCERT GOER Billy is at a Willie Nelson concert, probably at Cain’s Ballroom or the Oklahoma City Zoo Amphitheater, watching a great show. Billy has an Oklahoma Medical Marijuana Authority (OMMA) patient license; therefore, he can legally use cannabis for medicinal purposes. The crowd makes Billy a little anxious, so he grabs one of his prerolled cannabis joints and starts to smoke it. Billy’s buddy, Adam, who also has an OMMA card, sees Billy using the marijuana and asks him “for a hit.” Billy, without thinking twice, passes the joint to Adam. Under Oklahoma law, Billy could be charged with a felony.3 Billy has violated 63 O.S. §2-401(A)(1), which holds it is unlawful for a person to distribute a controlled dangerous substance.4 When we think about distributing drugs, we think of cartels, Breaking Bad or scenarios involving large amounts of an illegal substance for some type of financial gain. Billy was not a career drug dealer, nor did he intend to give the drugs to Adam in exchange for money. Furthermore, Billy was lawfully prescribed the marijuana. Cannabis Law Up in Smoke: Seemingly Legal Situations With Unintended Criminal Consequences Surrounding Oklahoma’s Cannabis Laws By Sabah Khalaf and Cade Russell
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