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I fully support legalization, but wonder: is there a way to test for it similar to a breathalyzer test? What restrictions would be place on it? Can you operate a motor vehicle or heavy equipment (or perform surgery, etc.) if using? Did Colorado institute a "level" of use? or a sobering period?
Marijuana possession, sale, and manufacture are regulated by both state and federal law. In Oklahoma, marijuana is classified as a Schedule I substance, which means that it has a high potential for abuse and no generally recognized medical value. (63 Ok. Stat. Ann. § 2-204.) Also, while not covered in this article, it is a crime to drive under the influence of marijuana in Oklahoma.
For information about charges and penalties for driving under the influence of marijuana in Oklahoma, see Driving Under the Influence of Marijuana in Oklahoma.
Marijuana Possession
It is a crime to knowingly or intentionally possess marijuana (including small amounts for personal use) in Oklahoma. In addition to a possible fine, the judge will sentence a defendant to up to a year in jail for a first offense, and between two and ten years in prison for a second or subsequent offense. (63 Ok. Stat. Ann. § 2-401.)
Manufacture and Sales
Manufacturing or selling marijuana (or possessing marijuana with the intent to do so) in Oklahoma is illegal. Penalties vary according to the amount possessed, manufactured, or sold. Penalties may double for sales to a minor, and for violations that take place within 2,000 feet of a school, park or public housing units. (63 Ok. Stat. Ann. § 2-401.)
•Cultivating up to 1,000 plants, or selling up 25 pounds. Penalties include a fine of up to $20,000, between two years and life imprisonment, or both.
•Cultivating 1,000 or more plants. Penalties include a fine of up to $50,000, between 20 years and life imprisonment, or both.
•Selling between 25 and 1,000 pounds. Penalties include a fine of between $25,000 and $100,000, between four years and life imprisonment, or both.
•Selling 1,000 pounds or more. Penalties include a fine of between $100,000 and $500,000, between four years and life imprisonment, or both.
Drug Paraphernalia
It is illegal in Oklahoma to manufacture or sell drug paraphernalia (or possess paraphernalia with the intent to do so). Paraphernalia includes items used in growing, harvesting, processing, selling, storing, or using marijuana. A conviction may be punished with up to a year in jail, and a fine of up to $1,000 for a first offense; up to $5,000 for a second offense; and up to $10,000 for a third or subsequent offense. (63 Ok. Stat. Ann. § 2-101.1.)
Stamp Tax
A stamp tax is a tax imposed on certain types of transactions (such as the transfer of property) that requires a stamp to be purchased and attached either to the item sold or to an instrument documenting the transaction (such as a deed). The federal government imposes stamp taxes on deeds, the issue and transfer of stocks and bonds, and on playing cards.
In Oklahoma, those who buy, transport, or import marijuana into Oklahoma are required to pay a stamp tax and place the stamp (proof of payment) onto the contraband. However, because the possession of marijuana is illegal, people typically don’t pay the stamp tax. When you are convicted for possession, you will also be liable for payment of the unpaid taxes ($3.50 for each gram or portion of a gram). (68 Ok. Stat. Ann. § 450.2.)
The stamp tax bit was especially good for a laugh.
The difference between pot and alcohol use is that if you run to 7-11 and get hit by a DUI driver it's more likely going to happen in the late hours of the evening. Whereas if the driver that hits you is on pot it could just as easily happen at 10 am or 3 pm. Regular pot smokers stay stoned 24-7. I think our roads are dangerous enough without legalizing another gateway to traffic carnage.
That marijuana doesn't impair motor skills and alcohol does. They say about 20% of drivers on the road are impaired at any given time.. but when was the last time you heard of a stoner causing a fatality crash?
When you also weigh in the factor that marijuana use doesn't go up in places where it is legalized, and the fact that DUI for stoned drivers is still in effect in all states with medical marijuana, you'll see your argument is based on fear, not facts.
One more thing: Employers will always be allowed to drug test employees. And I'm not against drug testing people applying for food stamps, public housing, or medicare. The question is whether the GOVERNMENT should prohibit MATURE RESPONSIBLE adults from consuming marijuana.
If that's been your experience I think you should ask your dealer for a refund.marijuana doesn't impair motor skills
I'm old enough to remember this one
There are probably more people under the influence and impaired from prescription drugs on the roads at any time than there is marijuana.
If you think there isn't people driving around high now, you are crazy. Just because cannabis is made legal doesn't mean that that many more people are going to say, oh weed is legal now I think I am going to start smoking it. Not gonna happen. The sames ones that are smoking it now will be the ones smoking after it is legal. They just won't be criminals any longer under a failed drug war. It's time to have these conversations here in Oklahoma.
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I don't expect to smoke pot just because it becomes legalized, since smoke tends to irritate my throat. I've seen someone turn down smoking a joint before, because he soon needed to drive. So I suspect impaired drivers won't increase by much. Legalizing and regulating pot may make people more responsible in its use.
It's easier for young people to buy pot than beer. Why? Because alcohol is highly regulated by government. You act as if pot is unavailable right now. Wrong. It's widely available. And it's production and distribution is completely unregulated.
And what this does is ensure that all of the profits from marijuana flow to dangerous drug cartels. No thanks.
To me, your argument boils down to "legalization will lead to higher usage." This may or may not be true. It has not been the case in other countries. Fairly weak argument given the other pros and cons.
I doubt it, at least the medical legalization here doesn't seem to have affected DUI much, DUI under prescription drugs is still a larger concern here than medical marijuana. Most people who are willing to drive impaired are going to whether it is legal to buy or not.
stick47, out of curiosity what is your position on the use of cell phones while driving?
Out of curiosity, what is your position Kokopelli? Personally, I don't like people talking on cell phones while driving and I sure as hell don't want the person behind me texting. Fortunately my car is bluetooth enabled and I can tell a huge difference with just my driving. It is easier to make calls, take calls, and talk. In fact, it is no different than talking to someone in the seat next to me. As for not imparing motor skllls - that is pure crazy talk. I watched my brother get high a thousand times and his judgement and reaction time was so skewed it was scarry. If pot doesn't effect your mental capacity why are you smoking it?
There are 2 states that now allow recreational pot, why don't we give them a few years to see if it works out or not. If smoking pot means that much to someone I suggest they move to Washington or Colorado ASAP.
Or they will continue to live here and easily buy it off the street relatively risk free.
And Im quite certain we will see CO and WA new laws work well as it has everywhere else in the world that has decriminalized it. It just takes a while to debunk decades of misinformation and unnecessary paranoia.
Because you start to feel the relief from pot almost immediately. Plus, why do I need Big Pharm to make a pill for me (when I dont know whats in it) when I could use the all natural pot. And before you say that the smoke is harmful, you can always use a vaporizer that is smokeless.
The violence in Mexico has nothing to do with them decriminalizing pot (I wasnt even aware they did). I think it has more to do with controlling the lucrative drug routes that come into our country. Something that wouldnt happen if we decriminalized pot. All you have to do is look at prohibition to see how decriminalization will put the illegal drug dealers out of business and put in business legitimate dispenseries that pay taxes and are regulated.
Just the facts; just seen your post from this morning so to reply to your question. I am not for cell phone usage while driving. Studies have shown that it is comparable to drunk driving and what I see everyday while driving would confirm that. No question texting is the big culprit. At this point I would have no problem if new laws against it were enacted.
Yes, marijuana impacts motor skills. But that alone is not reason enough to not legalize it.
Once one gets past the small issues and we look at the bigger picture it is easy to see that what we have been doing for the past 40 years, in the War against drugs, is not working.
In the last 5-6 years there have been more deaths in Mexico than there was during the Vietnam war and it has nothing to do with the fact that Mexico relaxed their drug laws, rather it has everything to do with Americans appetite for drugs.
History has shown us that prohibition was a boon for organized crime and the drug war is confirming the same. And as recent events here in Oklahoma have shown they are now bold enough to add human trafficking to their menu. Additionally, now our National Parks are being used for marijuana farms. So the problems seem to be getting bigger.
So again what we are doing is NOT working and we have been spending major bucks for the failure
I can tell you when I went to Breckenridge, there were a lot of people who were high that were a lot better skiers than I was. And I'm not bad, done a couple black diamonds.
Lately the DEA in LA has been focusing only on dispensaries that break local regulations and the ones that are close to schools. The city council there voted to ban all dispensaries but that was somehow overthrown. It became legal in California for medical use with Prop 215, which passed in 1996. The grey area has gotten smaller over time and it is more legal now than almost ever before in California.
No the cannabis is not inspected and packaged where it legal. There is somewhat of an honor system where tax is collected like a sales tax, to my knowledge. I'm sure state regulators have the right to audit pot shops they suspect aren't paying their fair share.
The pot sold through LA dispensaries is slightly more expensive than its street equivalent, due to the taxes and business expenses like utilities and rent.
Every smoker I know prefers the type of weed sold by dispensaries, known as bud, to "brick weed." The cartels specialize in brick weed because it is easy to smuggle. Most pot smokers prefer bud, which is much harder to smuggle because it is higher volume and more fragile. So it wouldn't take long at all to cripple the cartels' marijuana trade.
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I always enjoy the way the typical OK R politico falls on a sword of reverence to honor the importance of a federal law he likes but will do some really oddball nonsensical twists of logic to try and justify defy anything federal should it not meet with his/her approval. Some of the most outcome determinative folks on the planet can be found in our state capitol.
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