Home State Laws The State Laws of Oklahoma

The State Laws of Oklahoma


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.

Oklahoma Abortion Laws

Within the state of Oklahoma, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, Oklahoma state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    A legal abortion may occur in the event that the protection and preservation of the life of the mother carrying a fetus is compromised as a result of a pregnancy; an abortion can take place in order to save the life of the mother only upon accredited and sanctioned medical review

•    Individuals convicted of conducting illegal abortions may be charged with varying degrees of incarceration and/or fines

•    An illegal abortion is deemed as an abortion process that occurs in the event that the health and wellbeing of the mother is not in danger; furthermore, an illegal abortion is defined as a procedure that occurs outside of legal, accepted, and authorized medical procedural protocol – partial birth abortions are illegal without the health of the mother being in a state of immediate danger

Oklahoma Common Law Marriage

A common-law marriage is recognized in the state of Oklahoma

Oklahoma Marijuana Laws

Within the state of Oklahoma, the possession of Marijuana – or Cannabis products – as well as the acts of growing or distributing marijuana without the expressed permission of the Oklahoma State Government is a punishable, criminal offense. The following penalties are associated with Marijuana within the state of Oklahoma:

Possession/Under the Influence of Marijuana

1.    Amount: Any

•    Penalty: 1 year incarceration

•    Fines: varies

•    Classification: Misdemeanor

2.    Amount: Any (subsequent offense)

•    Penalty: 2 – 10 years’ incarceration

•    Fines: varies

•    Classification: Felony

Cultivation of Marijuana

3.    Amount: less than 1,000 plants

•    Penalty: 2 years to life incarceration

•    Fines: $20,000

•    Classification: Felony

4.    Amount: more than 1,000 plants

•    Penalty: 20 years to life incarceration

•    Fines: $50,000

•    Classification: Felony

Sale and/or Intent to Distribute Marijuana

Supplementary Charges include Possession, Sale, and Sale to a minor with regard to Drug Paraphernalia; Marijuana charges may be subject to increase to the proximity to a school zone – sale to a minor may also incur additional fines and incarceration

5.    Amount: less than 25 pounds

•    Penalty: 2 years to life incarceration

•    Fines: $20,000

•    Classification: Felony

6.    Amount: less than 25 pounds

•    Penalty: 4 years to life incarceration

•    Fines: $25,000 – $100,000

•    Classification: Felony

7.    Amount: 1,000 pounds +

•    Penalty: 4 years to life incarceration

•    Fines: $100,000 – $500,000

•    Classification: Felony

Medical Marijuana

Within the state of Oklahoma, Medical Marijuana is considered to be illegal both for patient use and cultivation

Oklahoma DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of Oklahoma:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of Oklahoma, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .00%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In Oklahoma, supplementary penalties may be incurred due to BAC levels exceeding .15%

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within Oklahoma, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 30 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

Oklahoma Gun Laws

A handgun is a firearm whose smaller size is fashioned to be used upon operation by one hand, which typically fire single round ammunition; within the state of Oklahoma, handgun laws are as follows:

•    The sale, ownership, or possession of handguns with regard to convicted felons, minors without parental consent, or individuals who have been in long-term care in a mental health facility is illegal in the state of Oklahoma;  individuals carrying illegal weapons on their person during the time of a crime, aggravated assault can be attributed to any coinciding criminal convictions imposed

•    A waiting period for the purchase of a firearm does not currently exist in the state of Oklahoma

•    Current listing or report of forearms considered to be illegal in the state of Oklahoma: sawed-off shotguns, sawed-off rifles, and sling shots

Oklahoma Adoption Laws

In the state of Oklahoma, an individual who has been deemed as a law-abiding citizen – married or single – who is 21 years of age or older and of sound mind and moral character is permitted to adopt a child; individuals whom are wed must agree to an adoption in a joint fashion:

•    Any individual may be adopted; children above the age(s) of 12 must express consent with regard to a potential adoption

•    Within the state of Oklahoma, an individual must maintain residence for a period of no less than 6 months

•    Within the state of Oklahoma, the Department of Human Services mandates all adoptions

•    The statute of limitations available to challenge an adoption is 1 years’ time subsequent to the adoption

Oklahoma Employment and Labor Laws

•    Within the state of Oklahoma, the minimum wage is $6.55 – $7.25 awarded per hour of labor

•    Within the state of Oklahoma, an individual’s employ cannot be terminated in the event that they report a violation or hazard taking place with regard to their respective employment – or place of employment

Oklahoma Divorce Laws

Within the state of Oklahoma, a divorce is defined as the termination of a marriage, which can occur upon a decision set forth by one or both partners involved in the marriage:

•    A divorce must be filed by an individual resident of Oklahoma state or serve as a member of the Armed Forces who serves in state

•    ‘No Fault’ divorce does exist on the grounds of irretrievable breakdown

•    Additional grounds for divorce can include cruelty, adultery, criminal conviction, insanity, addiction to drugs or alcohol, and fraudulent marriage documentation

Oklahoma Death Penalty Laws

Within the state of Oklahoma, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability or pregnancy, capital punishment is disallowed

•    There does not exist a minimum age permissible for a capital punishment sentence

•    Within the state of Oklahoma, homicide and treason are considered to be the only crimes punishable by death

•    The accepted means of capital punishment is the administration of lethal injection, firing squad, or electrocution; the choice is retained by the defendant – in the event of unconstitutionality, lethal injection is considered as a default methodology of capital punishment

Oklahoma Gambling Laws

Within the state of Oklahoma, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Gambling is permissible on Native American land; any and all unsanctioned structures and facilities intended to house gambling activity is deemed as illegal in the state of Oklahoma

Oklahoma Child Laws

Within the state of Oklahoma, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision