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Oklahoma marijuana laws

Is marijuana legal in Oklahoma?

Current legality status

medical


Cannabis in Oklahoma is classified as a medical-use substance for adult consumption.

Marijuana is legal in Oklahoma for state residents who qualify for a medical marijuana patient license. Recreational use is not legal.

Oklahoma recreational marijuana laws

The state has not legalized recreational marijuana.

Oklahoma recreational marijuana bills

The state has not legalized recreational marijuana.

Oklahoma medical marijuana laws

On June 26, 2018, voters approved a measure legalizing marijuana for medical use. Patients who are licensed through the Oklahoma Medical Marijuana Authority (OMMA) are permitted to possess the following:

  • Up to eight ounces of marijuana at home
  • Up to three ounces of marijuana on their person
  • Up to one ounce of concentrated marijuana
  • Up to 72 ounces of edible marijuana
  • Up to six mature marijuana plants
  • Up to six seedling plants

Oklahoma medical marijuana bills

Voters in Oklahoma passed State Question 788, which was turned into law as 63 O.S. § 420. The legislation created the OMMA, which began accepting online patient applications on August 24, 2018. Those patients are required to have a board-certified physician’s signature. The law does not set out qualifying medical conditions. It requires businesses to obtain state licenses to operate dispensaries, commercial growing operations, and processing facilities.

Oklahoma qualifying conditions for medical marijuana

Oklahoma has one of the least restrictive medical marijuana programs and only requires that applicants be state residents 18 years or older with a board-certified physician’s signature. Special circumstances may be allowed for minors if applicants receive two physician signatures, plus that of the applicant’s parent or guardian.

How to get a medical marijuana card in Oklahoma

All applications for a patient card must be made through the OMMA portal, where visitors should click on “Adult Patient Application Information.” Things to know:

  • Oklahomans 18 and older must obtain a signed Adult Patient Physician Recommendation Form within 30 days of the application date. There are many doctors in Oklahoma who are open to a conversation about medical cannabis. Leafly maintains a list of cannabis-focused clinics. Doctors aren’t required to register with the Oklahoma Medical Marijuana Authority prior to signing a physician’s recommendation form for a patient, but registration will help expedite a patient’s application.
  • The application fee is $100. Those who show proof of Medicaid (SoonerCare) or Medicare enrollment or status as a 100% disabled veteran will pay a reduced fee of $20.
  • If the application is approved, the license will be mailed within 14 days of the application submission date.

Does Oklahoma accept out of state medical cards?

Yes. The state provides a medical marijuana temporary adult patient license, which allows a person with a valid medical marijuana license from another state to legally buy, use, and grow medical marijuana and medical marijuana products in Oklahoma. The license comes in the form of an ID here. Here’s a look at the rules around this policy.

When does my Oklahoma medical card expire?

The medical marijuana card is good for two years. Cardholders can only renew within 30 days of their card’s expiration. Go to the OMMA home page and click on the “returning applicants” button. Sign in, then click on the license dashboard; click on the “actions” options to renew, click patient renewal, then follow the prompts.

Oklahoma marijuana growing laws

To grow at home, you must have a state medical card and adhere to the state’s legal limits: six mature plants and six immature plants. You must either own the property or have permission from the owner to grow on it, and your plants cannot be visible from the street.

Other Oklahoma laws regulating cannabis

When states legalize, there are lots of factors to consider: for example, where should people be allowed to smoke marijuana? Just on public property, or is state property okay? What about federal land? In grappling with these and other questions, states will pass a variety of laws governing things like public consumption, public safety, and more.

Oklahoma public consumption laws

  • Licensed cardholders are allowed to consume marijuana in the home but the law prohibits its consumption in public places.
  • Oklahoma residents with a medical marijuana license are allowed to drive with the marijuana in their cars (closed and out of reach from the driver), as long as they do not cross state lines.
  • Even without a card, a person found with 1.5 ounces or less of medical cannabis faces a maximum penalty of a $400 fine.
  • Billboard advertising for dispensaries is permitted, though some legislators are pushing to ban it.

Oklahoma cannabis DUI laws

It is illegal to drive in Oklahoma if the driver has any detectable amount of THC and/or its active metabolites in their blood, saliva, or urine. Any driver in Oklahoma is deemed to have given consent to submit to a chemical test to determine the amount of alcohol or drugs in their system.

Penalties range as follows:

  • 1st offense: Misdemeanor; 10 days up to one year in jail, $1,000 fine, offender must participate in a drug and alcohol assessment program at their own expense.
  • 2nd offense (within 10 years): One year to five years in jail, $2,500 fine.
  • 2nd felony conviction: Felony; one year to seven years in jail, $5,000 fine, 240 hours of community service, must participate in a drug and alcohol assessment program at their own expense, must use an IID on any registered vehicles.
  • 3rd or subsequent felony conviction: One year up to 10 years in jail, $5,000 fine, 480 hours of community service, one year of probation and supervision with regular testing at their own expense, use of an IID for a minimum of 30 days.

Oklahoma cannabis testing regulations

As of July 1, 2020, licensed growers and processors are required to test all medical marijuana and marijuana products in a laboratory licensed by the OMMA. A harvest batch (no more than 10 pounds, uniform in strain) is tested for microbial material, metals, pesticides, THC potency, terpenes, and foreign material/filth. Concentrates are subjected to a second round of testing, and edibles and other products may go through a total of three rounds of testing unless the same licensed processor is creating both the concentrate and the final product.

Common questions about marijuana legalization in Oklahoma

People have questions about edibles, CBD, hemp, and medical cards in Oklahoma—here are the details.

What if I need someone to help me buy or use medical marijuana?

Caregiver licenses are available for patients who can provide a physician’s documentation that they need a caregiver. This documentation is part of the Adult Patient Physician Recommendation Form and can be provided in the OMMA’s application submission or at a later date by accessing your online account.

I lost my card. How do I get a replacement?

Request a replacement card through the OMMA portal. Log in, select “create new application,” then “patient card replacement.” The state will reply within 14 days.

How many dispensaries are in Oklahoma?

As of September 1, 2020, there were 2,087 dispensaries in the state.

Keep up with the latest news about legalization in Oklahoma

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