Oklahoma

 

Legislation History

Voters approved Oklahoma State Question 788 (SQ 788), or the Medical Marijuana Legalization Initiative, on June 26, 2018, making Oklahoma the 30th state to legalize cannabis for medicinal or recreational use.

 

The Oklahoma medical cannabis program is overseen by the Oklahoma State Department of Health (OSDH). On August 6, 2018, Republican Gov. Mary Fallin signed and approved emergency rules and regulations submitted by the OSDH.

Overview

The Oklahoma State Department of Health is responsible for establishing regulations for the implementation of SQ 788. Oklahoma Medical Marijuana Authority (OMMA), overseen by the OSDH, was established to administer the rules and regulations governing the medical cannabis program for the state.

Where is it Safe to Purchase?

Authorized patients and their designated caregivers may purchase medical cannabis from a state-licensed medical cannabis dispensary. If patients are unable to make the transaction themselves, they may also designate up to one (1) caregiver to purchase and transport the medical cannabis on their behalf. Children younger than 18 can designate two (2) caregivers who are parents or legal guardians.

 

There are currently no purchase limits defined by the OSDH or the OMMA, but patients and their designated caregivers are limited to possessing only three ounces (3 oz), or 85.04 grams, of dry-flower cannabis in public.

 

Additionally, individuals who possess a marijuana research license may also purchase cannabis from any state-licensed medical cannabis dispensary. Research license applicants must register with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD).

 

Delivery services are not currently authorized by the OSDH.

 

All medical cannabis purchases will be subject to a seven percent (7%) sales tax assessed at the point of sale.

Where is it Safe to Consume?

Cannabis consumption must take place in a private space. Smoking or vaping in a designated outdoor smoking area and any non-smoking area is prohibited.

 

Operating any vehicle, including a bicycle, under the influence of cannabis is illegal. Consumption in a vehicle is prohibited at all times by either drivers or passengers.

Possession and Cultivation

Only patients, their designated caregiver, and authorized cannabis researchers, who are registered with the OMMA, and who hold a valid registry identification card, can legally possess medical cannabis. Patients, caregivers, and authorized cannabis researchers are permitted to possess up to:

  • three ounces (3 oz), or 85 grams, of usable cannabis;
  • up to one ounce (1 oz), or 28.35 grams, of cannabis concentrates;
  • and 72 ounces, or 2.04 kilograms of edible products in public, and eight ounces (8 oz), or 227 grams, at home.

Patients who elect to cultivate their own cannabis are limited to six (6) mature plants and six (6) seedlings. Patients may also designate a caregiver to grow cannabis plants on their behalf.

 

Possession of cannabis for personal use is considered a misdemeanor. Individuals caught in possession of cannabis without a valid registry ID card who can show proof of an approved “medical condition” would be faced with a fine of up to $400.

 

How Old Do I Need
to Be to Consume?
N/A
Recreational
18+
Medical
Possession Limit
for Flower
N/A
Recreational
3 oz
Medical
Possession Limit
for Concentrates
N/A
Recreational
1 oz
Medical

Medical Marijuana Program

The OMMA was established to oversee the medical cannabis program for Oklahoma. The OMMA is responsible for the oversight of patient, caregiver, and authorized researcher applications. The OMMA created the medical cannabis registry to verify qualified patients and their authorized caregivers. The OMMA also issues patient license identification cards and processes renewals.

Patients

Adults and patients younger than 18 must meet certain requirements for OMMA approval. For minors, the patient’s parent(s) or legal guardian(s), up to two, must be designated as their caregiver(s).  Adult patient licenses are valid for two years from the date they are issued. A minor’s license is valid for two years from the date it is issued, or until the patient turns 18, whichever happens first.

 

Residents of Oklahoma who have received a written certificate from an Oklahoma board-certified physician, with whom the patient has a bona fide physician-patient relationship, may apply for a medical cannabis patients license online.

 

There is no list of qualifying conditions, nor any specified criteria for patients to receive a physician’s recommendation. According to SQ 788, “The physician must recommend a medical marijuana license according to the accepted standards a reasonable and prudent a physician would follow for recommending or approving any medication.”

 

The application process takes about 14 days from the date it is submitted to the OMMA. If a patient’s application meets all requirements, an approval letter and identification card will be mailed to the patient’s residence. Both the application and payment will be collected online. Applications must be submitted within 30 days of obtaining a signed physician’s written certificate. A digital copy of this form must be submitted with the application through the online system.

 

The application fee is $100. Patients who receive Medicaid or Medicare benefits will pay a reduced fee of $20.

Caregivers

Patients in the registry who require assistance obtaining or using medical cannabis may designate an authorized caregiver only if the physician’s recommendation form attached to the patient’s application includes certification of the patients need for a caregiver.

 

Caregivers must submit the Adult Patient Caregiver Designation Form signed by the patient. A parent or legal guardian designated as a caregiver must submit the Minor Patient Caregiver Designation Form. Minor patients may designate up to two (2) authorized caregivers who are parents or legal guardians.

 

There is no application fee for caregiver licenses. Caregiver licenses are valid up to the expiration date of the associated patient’s license.

Application Process

Patients

  1. Digital copy of proof of Oklahoma residency
  2. Digital copy of proof of identity
  3. A clear, color, full-face digital photograph valid for use in U.S. passports
  4. Adult Patient Physician Recommendation Form, dated within 30 days of application submission
  5. If applicable, proof of Medicaid or Medicare enrollment
  6. Application fee of $100, or $20 for Medicaid and Medicare enrollees

Caregivers

  1. Digital copy of proof of Oklahoma residency
  2. Digital copy of proof of identity
  3. A clear, color, full-face digital photograph valid for use in U.S. passports
  4. Submitted appropriate Patient Caregiver Designation Form signed by the patient

Reciprocity

A medical marijuana temporary adult patient license allows an individual with a valid medical marijuana license from another state to legally buy, use, and grow medical cannabis and cannabis products in Oklahoma. For minor applicants, the online application requires a parent or legal guardian information along with the minor’s information. There are no caregiver licenses offered for temporary patients. The name of the parent or legal guardian who signs the minor’s application will be placed on the minor’s patient license.

 

The application fee for temporary licenses is $100. Applications and payment will be collected through the OMMA’s website. Temporary applicants are required to provide digital copies of their out-of-state medical marijuana license, as well as proof of identity. It takes 14 days to receive a temporary license identification card. Temporary licenses are valid for 30 days, but cannot exceed the expiration date of the out-of-state license. A temporary license can be renewed every 30 days for $100.

Lab Testing

There is currently no laboratory testing required by the state.

 

 

This page was last updated on September 27, 2018.