Although laws are always in a state of flux, with new legislation hitting the law books each year, as of 2021, the use of recreational marijuana is illegal in the state of Oklahoma.
However, medical marijuana is very much legal as long as you’ve got a state-issued license. Furthermore, CBD that has been derived from industrial hemp adhering to the 2018 Farm Bill is completely legal and can be used without the need for a license of any kind.
In this guide we take you on a deep dive into Oklahoma’s Marijuana laws, helping you better understand what is and isn’t allowed.
Oklahoma banned marijuana entirely back in 1933, and up until the mid-2010s, authorities from Oklahoma actively prosecuted Marijuana sellers, users, and growers. In fact, the Oklahoma Narcotics Bureau even used helicopter patrols to tackle marijuana operations.
However, in line with the more relaxed approach towards medical marijuana legislation nationally, things eventually became simpler for patients in Oklahoma to obtain and use marijuana for medicinal purposes. Currently, the usage of medical marijuana is legal in Oklahoma under certain conditions. However, recreational marijuana usage is still illegal in the
Medical Marijuana may be grown by a licensed patient on the property owned by the patient or must have written permission of the property owner. Other regulations for home grows include:
In April 2015, the governor signed HB 2154, which allowed the sale of CBD oil having lesser than 0.3% THC with certain caveats. CBD oil usage made from industrial hemp, which could be purchased openly without any restrictions, grew in Oklahoma in the mid-to-late 2010s. Oklahoma became the 30th US state to legalize medical marijuana usage due to a referendum held on June 26, 2018, when voters approved the Oklahoma State Question 788. The Oklahoma Medical Marijuana Authority (OMMA) was established to administer the regulations and rules that govern the state’s medical marijuana program. OMMA maintains a registry of physicians, patients, and caregivers. It is also responsible for issuing licenses for growers, testing labs, processors, dispensaries, and transporters
Do not cross State lines with marijuana even if you are a medical marijuana license holder in the state of Oklahoma as surrounding states may not have the same laws and might require different licensing for that State.
Authorized patients, along with their designated caregivers, can go ahead and purchase medical marijuana from state-licensed dispensaries. Suppose a patient’s doctor certifies that the patient cannot buy medical marijuana on their own. In that case, the patient can authorize one caregiver to buy and transport the medical marijuana on their behalf.
A child under 18 years of age can empower two caregivers to do the needful. However, the caregivers must be either the child’s parents or legal guardians. Even though there aren’t any purchase limits on marijuana for medical usage, patients and designated caregivers must follow possession limits that apply for plants, flowers, edibles, and concentrates.
Current OMMA rules don’t mention where consumption of medical marijuana is permissible, except to say that vaping or smoking medical marijuana comes under the same laws as smoking tobacco. Keep in mind that operating any type
of vehicle, including bicycles, under the influence of marijuana is against the law. Furthermore, the consumption of marijuana in vehicles by either passengers or drivers is completely illegal.
Patients who choose to cultivate their own cannabis plants are subject to a limit of six seedlings and six mature plants. However, the plants must not be visible from the street. Patients may authorize their designated caregiver to grow cannabis plants for them.
At one time, licensed patients can legally possess:
Possession of marijuana for non-medical use in Oklahoma is considered to be a misdemeanor and may be subject to penalties. Individuals without a valid registry license caught in possession of cannabis may face a fine even if they show proof of an approved medical condition.
OMMA has a medical cannabis registry that is used to verify and issue licenses to patients and their authorized caregivers who are qualified to purchase medical marijuana. OMMA also has a list of registered physicians, even though any licensed doctor may prescribe medical marijuana to treat their patient. When it comes to obtaining a license, Oklahoma residents who have a bonafide doctor-patient relationship with a physician certified by an Oklahoma board need to get a written certificate from the physician. They can apply online for a medical marijuana license.
The application fee for the license is $100. However, patients that receive Medicare or Medicaid benefits and disabled veterans need to pay a fee of just $20. An adult patient license is valid for two years from the date of issue. The license for a minor is valid for two years from the issue date, or until the patient hits 18 years of age, whichever is earlier.
When it comes to caregivers applying for a license, patients need to designate an authorized caregiver, ensuring that the doctor’s recommendation letter (that is submitted along with the patient’s application) certifies that the patient needs a caregiver to obtain the medical marijuana. A caregiver needs to submit an appropriate caregiver designation form that specifies whether they’ll be assisting a minor or an adult patient. Adult patients may choose only one caregiver. However, a caregiver may assist up to a maximum of five patients. Caregiver licenses don’t have any application fees associated with them. Furthermore, a caregiver’s license is valid up to the expiry date of the patient’s license.
If you’re looking to sell medical marijuana in Oklahoma, keep in mind that demand for business licenses is high, but entry costs are on the low side. You need to get a license from OMMA to sell medical marijuana legally in the state. If you want to open a dispensary selling medical marijuana, you need to first get a compliance certificate from an Oklahoma county or city. You need to be aware of specific rules if you’d like to grow medical marijuana. Furthermore, cannabis disposal also needs to be done according to guidelines from the Department of Environment Quality.
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However, without a medical marijuana license, possessing more than 1.5 ounces of herbal cannabis will still lead to a misdemeanor charge (with the penalty of a fine, but no jail time).
The consumption of marijuana is legal in the home but illegal in public places. It is illegal to drive under the influence of marijuana, but Oklahoma residents with a medical marijuana license are allowed to drive with the marijuana in their car (closed and out of reach from the driver) if they do not cross state lines.