Yes. Hemp-derived cannabidiol (CBD) products are legal and relatively easy to find in Oklahoma. In 2018, the Oklahoma legislature created the Oklahoma Agricultural Industrial Hemp Pilot Program, following the passage of the Hemp Farming Act of 2018, which legalized industrial hemp nationwide.
Oklahoma chose to designate all hemp-derived CBD products as food items and require any retail location selling CBD to be licensed as a food establishment. As retailers learn about and comply with the new rules, consumers in Oklahoma should expect to find CBD-infused items available in more locations.
What is CBD?
CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.
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Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others' effects.
Why is CBD sometimes illegal?
The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule I, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood of addiction.
But the federal government started to change its stringent position with the passage of the 2014 Farm Bill, which recognized the difference between hemp, which contains less than .3% THC by weight, and marijuana, which has more than .3% THC and is still classified as a Schedule I substance. CBD derived from marijuana plants is still illegal while CBD from hemp is legal, though it is governed by rules that the U.S. Department of Agriculture (USDA) has yet to formalize.
The 2018 Farm Bill also granted the Food and Drug Administration (FDA) with power to regulate CBD labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to foods or drinks, or marketed as dietary supplements. While the FDA has begun a process of re-evaluating its stance, it has yet to revise its rules or specifically regulate CBD products. The FDA has been strict when it comes to health claims and marketing that could be construed as medical advice about CBD.
While the 2018 Farm Bill did legalize hemp, its production, and the sale of any product derived from it, including CBD, is still highly regulated. The bill also allows some states to make their own rules for CBD cultivation and sale. States may also try to regulate CBD in food, beverages, dietary supplements, and other products while waiting for final FDA rules.
Oklahoma CBD laws
CBD products with less than .3% THC have been legal in Oklahoma since April 30, 2015, when Republican Gov. Mary Fallin signed HB 2154. This amendment specified that CBD extracted from hemp was exempt from the definition of marijuana so long as it contained less than .3% THC.
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In April 2019, Oklahoma passed SB 868, which established licensing requirements for hemp growers and processors. Following the precedent set by federal law, the bill set the CBD threshold at less than .3% THC. It also determined that any entity, including dispensaries selling edible CBD products, must be licensed as a food establishment, even if the product is a tincture or oil. Under SB 868, dispensaries and traditional food establishments may only sell pre-packaged CBD products and they can't allow the consumption onsite.
Oklahoma CBD possession limits
There are no CBD possession limits on hemp-derived CBD products for individuals in Oklahoma.
State-licensed medical marijuana patients may possess up to eight ounces of cannabis in their home, or up to three ounces in public. They may possess up to one ounce of cannabis concentrate, and up to 72 ounces of edible marijuana products.
Where to buy CBD in Oklahoma
Hemp-derived CBD is legal in Oklahoma, but retailers must be licensed as food establishments to sell it and it must be pre-packaged. It can't be added or mixed into anything made to order.
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Smaller, local pharmacies and health food stores, medical marijuana dispensaries, and food retailers in Oklahoma may offer CBD products. More locations will likely begin to carry these products as they meet the licensing requirements set by the state.
Buying hemp-derived CBD oil online is an option since the U.S. Postal Service has confirmed that legal CBD products may be shipped by mail. CBD products from reputable brands can be found online at Weedmaps.
How to read CBD labels and packaging
The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and has yet to reach a conclusion on how to regulate these types of hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, poor-quality or falsely advertised products leave consumers at risk. It is illegal for products to make health-related claims like saying a product prevents, diagnoses, treats, or cures a disease. Reputable CBD producers may list suggested uses but beware of definite claims.
To help mitigate that risk, look for the following when buying CBD products:
- Amount of active CBD per serving
- Supplement Fact panel, including other ingredients
- Net weight
- Manufacturer or distributor name
- Suggested use
- Full-spectrum, broad-spectrum, or isolate
- Batch or date code
One of the most important things to pay attention to is whether a CBD product is full spectrum, broad spectrum, or isolate.
Full spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.
Broad spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.