{"data":{"id":"us-ok/okla.-stat.-tit.-37a-37a-3-101","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 37A, § 37A-3-101","heading":"Personal use, possession and making of alcoholic","body":"beverages - Exemptions for dentists, physicians, drugstores,\n\nchurches and military reservations - Restrictions on retail sales\n\nand shipping for out-of-state businesses.\n\nA. No person shall manufacture, rectify, sell, possess, store,\n\nimport into or export from this state, transport or deliver any\n\nalcoholic beverage except as specifically provided in the Oklahoma\n\nAlcoholic Beverage Control Act. Provided, that nothing herein shall\n\nprevent the possession and transportation of alcoholic beverages for\n\nthe personal use of the possessor and his or her family and guests,\n\nso long as the Oklahoma excise tax has been paid thereon, except for\n\nbeer. Provided, further, that nothing herein shall prevent a person\n\nfrom making beer, cider or wine, by simple fermentation and without\n\ndistillation for personal use if the maker of such beverages has\n\nfirst applied for and possesses a valid personal use permit issued\n\nby the ABLE Commission and the total volume of beer, cider or wine\n\nproduced in any given calendar year is less than two hundred (200)\n\ngallons. No beverages made pursuant to a personal use permit shall\n\nbe sold or offered for sale.\n\nB. 1. Any duly licensed physician or dentist may possess and\n\nuse alcoholic beverages in the strict practice of the profession and\n\nany hospital or other institution caring for sick or diseased\n\npersons may possess and use alcoholic beverages for the treatment of\n\nbona fide patients of such hospital or institution. Any drugstore\n\nemploying a licensed pharmacist may possess and use alcoholic\n\nbeverages in the preparation of prescriptions of duly licensed\n\nphysicians.\n\n2. The possession, transportation and dispensation of wine by\n\nany authorized representative of any church for the conducting of a\n\nbona fide rite or religious ceremony conducted by such church shall\n\nnot be prohibited by the Oklahoma Alcoholic Beverage Control Act;\n\nnor shall such act prevent the sale, shipping or delivery of\n\nsacramental wine by any person holding a sacramental wine supplier\n\nlicense issued pursuant to the Oklahoma Alcoholic Beverage Control\n\nAct to any religious corporation or society of this state holding a\n\nvalid exemption from taxation issued pursuant to Section 501(a) of\n\nthe Internal Revenue Code, 1954, and listed as an exempt\n\norganization in Section 501(c)(3) of the Internal Revenue Code,\n\n1954, of the United States, as amended.\n\n3. Provided further, that nothing in the Oklahoma Alcoholic\n\nBeverage Control Act shall prevent the possession, transportation\n\nand sale of alcoholic beverages within military reservations and in\n\naccordance with the laws and rules governing such military\n\nreservations, provided that the Oklahoma excise tax has been paid on\n\nsuch beverages.\n\nC. 1. Except as otherwise authorized by law, it is unlawful\n\nfor any brewer, manufacturer, wine and spirits wholesaler, beer\n\ndistributor or retailer of alcoholic beverages, located and doing\n\nbusiness from outside this state, to make retail sales of alcoholic\n\nbeverages to purchasers located in this state or to ship alcoholic\n\nbeverages sold at retail to persons located in this state. Any\n\nperson who engages in the sale or shipping of alcoholic beverages in\n\nviolation of the provisions of this subsection, upon conviction,\n\nshall be guilty of a Class D1 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20N of Title 21 of the Oklahoma Statutes, if the sale or delivery is\n\nmade to a person under twenty-one (21) years of age, or a\n\nmisdemeanor, if the sale or delivery is made to a person twenty-one\nrages in\n\nviolation of the provisions of this subsection, upon conviction,\n\nshall be guilty of a Class D1 felony offense punishable by\n\nimprisonment as provided for in subsections B through F of Section\n\n20N of Title 21 of the Oklahoma Statutes, if the sale or delivery is\n\nmade to a person under twenty-one (21) years of age, or a\n\nmisdemeanor, if the sale or delivery is made to a person twenty-one\n\n(21) years of age or older.\n\n2. The fine for a violation of this subsection shall be not\n\nmore than Five Thousand Dollars ($5,000.00).\n\n3. In addition, if the person holds a license issued by the\n\nABLE Commission, the license shall be revoked pursuant to Section 60\n\nof this act.\n\nD. All brewers, importers, brokers and others who sell beer or\n\ncider to licensed beer distributors in Oklahoma or manufacturers,\n\nimporters, brokers and others who sell cider to licensed beer\n\ndistributors in Oklahoma, regardless of whether such sales are\n\nconsummated within or without the state, must obtain a license, as\n\nthe case may be, in order to sell beer or cider intended for\n\nconsumption within the State of Oklahoma.","path":["OK Code","Title 37A"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os37A.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"367d7a325e71a51d3ad2fccf364ab56aa27e4863a326231fa7a39814ed3c70d0","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-37a-37a-2-164","next":"us-ok/okla.-stat.-tit.-37a-37a-3-102"},"notice":"GroundRules: Original legal text. Not legal advice."}
