In June of 2018, Oklahoma voted to approve State Question 788 and legalize medical cannabis across the state of Oklahoma. Patients with a state-issued medical marijuana license are now legally able to possess, purchase, cultivate and consume marijuana products.
The state moved to make additions to the cannabis law in March of 2019 when Governor Kevin Stitt signed House Bill 2612 into law. HB 2612 brought changes to SQ 788 in areas like testing, packaging, labeling, physician requirements, business requirements, and employee protections for medical patients. Despite initial success, Oklahoma’s medical cannabis industry is evolving rapidly. Check back for updates to Oklahoma’s medical cannabis laws.
Medical cannabis patients who are legally registered with the state and in possession of a state-issued license are allowed to have:
Up to three ounces of marijuana on their person; Up to eight ounces of marijuana at their residence
Six mature marijuana plants and six seedlings
One ounce of marijuana concentrates
72 ounces of edible marijuana products
*Counties and cities are legally allowed to enact additional medical marijuana guidelines that enable licensed medical marijuana patients and caregivers to exceed the state limits.
It’s important to note that the limits stated above are only valid when a patient is in possession of their medical marijuana license. Governor Stitt recently passed Senate Bill 1030 which, among other initiatives, set clarification for law enforcement on what to do when a patient is on possession of cannabis products but not their state-issued medical marijuana card. People who are caught with up to one and a half ounces of cannabis and can state a medical condition, but are not in possession of a medical marijuana license, will be subject to a misdemeanor offense punishable by a fine not to exceed $400.
Patients with valid, state-issued medical marijuana licenses are legally allowed to cultivate up to six mature cannabis plants and up to six seedlings. All cannabis plants must be grown within a patient’s primary residence. Licensed patients may also designate a caregiver to grow their cannabis plants for them.
Oklahoma’s medical cannabis laws are unique from other states because they don’t specify a list of qualifying conditions. Since there are no qualifying conditions for medical cannabis in Oklahoma, the state has declared that all medical marijuana recommendations shall be given out “according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication.” All medical marijuana license applications are required to be signed by an Oklahoma physician.
Oklahoma law states that all applicants for a medical marijuana license must be 18 years of age or older. However, special exception will be granted to applicants under the age of 18 who have approval and signatures from two state-licensed physicians, as well as their parent or legal guardian.
Medical Marijuana License Information
Once approved by the state, medical marijuana licenses are valid for two years. Licenses must be renewed every year if patients wish to remain in legal compliance with the law. The medical marijuana license application fee costs $100 but a special rate of $20 is accepted for people on Medicaid, Medicare, or SoonerCare.
State-license patients and designated caregivers are legally allowed to purchase medical cannabis products from any state-licensed medical cannabis dispensary in the state. There are currently no purchasing limits for medical cannabis defined by the OSDH or the OMMA at this time. However, since public possession limits are capped at three ounces, it is recommended that no patient purchase or possess more than their legal limit at any one time.
The consumption of medical cannabis is only legal in private residences. Additionally, only state-licensed patients or temporary patients are allowed to consume medical cannabis products. Consuming cannabis in any public place, included designated tobacco-smoking areas, is strictly prohibited.
Medical Marijuana Reciprocity
Under Oklahoma medical cannabis law, temporary license applications are available for any medical marijuana license holder from other states that have a regulated medical marijuana program. Out-of-state patients will need to provide identification and their medical marijuana license from their state of residence if they wish to apply. Temporary medical marijuana licenses are valid for 30 days in Oklahoma and cost $100. Out-of-state patients may renew their temporary medical marijuana license as many times as they’d like with the submission of a new application.
Caregiver licenses are legal in Oklahoma and are available for qualified caregivers of medical marijuana patients who are homebound. A caregiver license grants the caregiver the same rights as a medical marijuana patient, including the ability to possess, purchase and cultivate marijuana. However, caregiver licenses do not grant the right to consume marijuana or marijuana products. Caregivers may only consume medical cannabis products if they also have a medical marijuana license themselves.
To apply for a caregiver license, applicants must:
- Submit proof of a patient’s medical marijuana license and their homebound status
- Submit proof that the caregiver is the designee of the medical marijuana license holder
- Submit proof of age (18 years or older)
- Submit proof of Oklahoma residency
If an applicant meets all the above-mentioned criteria, the OSDH will award the individual with an official caregiver license.
Driving Under the Influence
Driving under the influence of medical cannabis is strictly illegal in Oklahoma and is treated similarly to an alcohol DUI. A good rule of thumb is to always be smart, safe and responsible when consuming cannabis. Don’t smoke and drive first and foremost, and always give yourself enough time to become sober before operating a vehicle after consuming cannabis.
State-licensed medical marijuana patients are legally allowed to transport cannabis within their vehicles so long as it is kept closed and out of reach of the driver. It is strictly illegal to consume cannabis while driving or to have an open container of medical marijuana products. When transporting medical marijuana, a patient must have their medical marijuana license on their person.
It is illegal to export medical marijuana outside of the state of Oklahoma or to cross state lines when traveling with medical cannabis.