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Oklahoma Cannabis & Marijuana Law Questions & Answers
1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: I had a misdemeanor possession of marijuana arrest in 1972. Sentence was deferred and completed successfully.

Record was expunged and sealed. I'm trying to get arrest and/or court records now but the arresting agency and county clerk of the court have no records. The arrest still shows up on my national background check but without any related charges or court decisions. How can I get that info?

Tracy Tiernan
Tracy Tiernan answered on Oct 21, 2021

That was a long time ago. I’m guessing you might have trouble locating your attorney but that’s always the first place to start. There are different types of expungements under Oklahoma statutory law. Sounds like maybe you only took the expungement granted by the Court (Judge) but might not... Read more »

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: Is it legal in Oklahoma to smoke marijuana in front of minors?

I know a family that I’ve been told is doing this.

I don’t have personal knowledge, but I’m concerned.

Charles Watts
Charles Watts answered on Oct 17, 2021

With the passing of medicinal marijuana this question becomes very interesting. A medical user can use anywhere that smoking is permitted. (In other words can’t smoke indoors where smoking of cigarettes would be prohibited)

Additionally, there are minors who also have medicinal marijuana...
Read more »

1 Answer | Asked in Tax Law, Cannabis & Marijuana Law, Constitutional Law and Native American Law for Oklahoma on
Q: I’m a Native American business owner on tribal land am I liable to the state government.

I am in the process off renouncing US citizenship and riding solely on my native citizenship. I as a Cherokee citizen should not have to carry US citizenship to have access to my ancestry and my ancestors land. I will ask for a chancellor to come into Indian territory “Oklahoma “ and conduct my... Read more »

Charles Watts
Charles Watts answered on Oct 14, 2021

In a nut shell, the Native American tribes are considered domestic nations within the US not foreign nations (hence no US embassy). As a result you cannot denounce your US citizenship and expect to be able to remain in the US. This would restrict your business as well, unless you became a citizen... Read more »

1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: In Oklahoma if you’re on probation can you still have your medical marijuana card?
Tracy Tiernan
Tracy Tiernan answered on Aug 13, 2021

There is not one answer as it differs from County to County, and Judge to Judge. There are instances where all judges will allow medical marijuana use during probation except for one.

1 Answer | Asked in Cannabis & Marijuana Law for Oklahoma on
Q: DA says no medical Marijuana for probationees..do probation conditions out rule state law?

I am on probation and have had my medical Marijuana card for a year but District attorney says no more. It's against probation rules to violate federal law which Marijuana does. Can they do that when it is medical and state says I can?

Charles Watts
Charles Watts answered on Jun 21, 2021

The medicinal marijuana is a license granted by the state just like a driver license and can be revoked. Your probation officer is correct that it is still federally prohibited and thus would be violation of payroll because in that condition you are to not violate any laws not just state. He/she is... Read more »

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for Oklahoma on
Q: 1st time offender sentenced for marijuana in 2010 it has been 10 years had deferred sentence 10/25, can I file expunge

1st time offender charged with trafficking marijuana completed parole issue free have 25 deferred. Can I qualify for expungement? In Oklahoma

David A. Cincotta
David A. Cincotta answered on Oct 23, 2020

You say you have 25 deferred. Do you mean suspended? It looks like from the title of your question (by your use of 10/25) that you received maybe a 25-year sentence with the first 10 years to serve for trafficking marijuana, and you were paroled at some point while serving the 10 years, is that... Read more »

2 Answers | Asked in Cannabis & Marijuana Law, Criminal Law, Federal Crimes and Native American Law for Oklahoma on
Q: If someone us currently fighting a possession of marijuana with intent and child neglect charge what do they do

This person is Cherokee indian abd was arrested on cherokee land but not by tribal police....he also has his medical marijuana license

David A. Cincotta
David A. Cincotta answered on Aug 5, 2020

The best thing you can do is hire a criminal defense attorney and follow your attorney's advice. There are a variety of ways to defend the charges you describe, but each case is different. The defense strategy recommended by your attorney will be largely dependent upon the facts and evidence... Read more »

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Oklahoma on
Q: i got possession of marijuana and minor possession of tabacco and i was just wondering what my consequences might be

This is my very first offense of any kind

Tracy Tiernan
Tracy Tiernan answered on Jan 4, 2020

There are a lot of different variables that could affect the path your case tales. With no prior convictions you’re much more likely to have a very favorable resolution that you have had previous runnings with law-enforcement or juvenile authorities. . You need to consult a criminal defense... Read more »

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