Learn With Wikileaf: What are Oklahoma’s Cannabis Laws? 

Oklahoma doesn't have a lot of restrictions when it comes to medical cannabis.

Oklahoma State Capitol Building Oklahoma City, USA - July 23, 2010, north side of the Oklahoma State Capitol building (iStock / flashpoint)

In June 2018, Oklahoma constituents approved a medical marijuana program by passing State Question 788.  The law authorizes any person who has been given a state-approved medical marijuana license to legally consume medical marijuana and possess up to 3 ounces on their body, 6 mature plants, 6 seedlings, 1 ounce of concentrates, 72 ounces of edibles, and a total of 8 ounces of cannabis in their home.

The Oklahoma State Department of Health established the Oklahoma Medical Marijuana Authority (OMMA) as the regulatory office overseeing the program. Oklahoma residents who are eligible for the program can apply on OMMA’s website.

What Remains Illegal

The possession of up to 1.5 ounces of cannabis by someone who does not have a medical marijuana card will be classified as a misdemeanor offense punishable by a maximum fine of $400. Offenders who are caught with more than 1.5 ounces are subject to the state’s existing laws. 

Additionally, the possession of drug paraphernalia remains illegal. Medical marijuana license holders are protected from prosecution if they are caught with paraphernalia, but non-cardholding offenders may receive jail time.

The spirit of Question 788 is clearly against the imprisonment of non-violent drug offenders, but the new law did not eliminate former prohibitionist statues. Law enforcement officers aren’t sure which laws to prioritize, but given that Oklahoma now has the highest incarceration rate in the country, the state really can’t afford to spend time or money on weed.

The Rules for Adult Patients

An adult medical marijuana license costs $100 and is valid for two years from the date it is issued. Patients who are enrolled in Medicaid or Medicare are only required to pay $20. Payments must be made by a Visa, MasterCard, Discover credit or debit card, and patients are expected to pay an additional credit card processing fee. The processing and application fee is non-refundable. Even if the application is not approved, the fee will not be refunded. In order to apply, patients need to provide the following information:

  • Full name
  • Residence and mailing address
  • Date of birth
  • Telephone number and email address
  • Physician information
  • Signature within 30 days of the application submission

In addition to that information, patients will need to provide the following documentation when applying for their license:

Patients should receive a response from the OMMA within 14 days of submitting their application. If the application is approved, patients will receive an approval letter and their medical marijuana ID card. If the application is incomplete, they will receive a letter saying so and will be able to login to their OMMA account and make corrections online. If the application is denied, they will receive a letter saying so with an explanation.

Adult patients can also have one caregiver if they require one. Caregivers must complete their own applications. Adult patients can change their caregiver by submitting a Patient Withdrawal of Caregiver form and having the replacement caregiver submit a new caregiver application.

Medical marijuana

Medical Marijuana (iStock / Seastock)

Rules for Minors in Oklahoma

Patients who are under the age of 18 may also apply for a medical marijuana license. Minor patients must be accompanied by their parents or legal guardians when purchasing their medicine. A minor patient license is valid for 2 years or until the patient turns 18. Like an adult license, a minor patient license costs $100, but if the applicant is enrolled in Medicaid or Medicare, they may pay the reduced amount of $20. 

The minor must deliver the following information and documentation when applying for a license:

  • Full name
  • Residence and mailing address
  • Date of birth
  • Telephone number and email address
  • Information about two recommending physicians
  • Proof of identity
  • A clear, color digital headshot
  • Physician Recommendation Form 1
  • Physician Recommendation Form 2. This form must be completed within 30 days following the signing of the Physician Recommendation Form 1, and before 30 days of the application submission.   

The patient’s parent or legal guardian must give the following information and documentation in order for the patient to obtain their license: 

  • Full name
  • Residence and mailing address
  • Date of birth
  • Telephone number and email address
  • Signature within 30 days of the application submission
  • Proof of Oklahoma residency
  • Proof of identity
  • A clear, color digital headshot
  • Proof of legal guardianship

Non-Residents with Valid Medical ID Cards Can Access Oklahoma’s MMJ

Oklahoma’s law makes it possible for out of state medical marijuana patients to take advantage of the state’s medical marijuana program. Patients with valid medical marijuana licenses from their states of residence may apply for a temporary adult or minor patient application on OMMA’s website. If their application is accepted, temporary patient license holders may purchase, consume, and grow medical marijuana while in Oklahoma. These licenses are valid for 30 days, but they may be renewed. 

The non-refundable application fee of $100 must be paid by credit card. Patients must provide the following information when applying for the temporary license:

  • Full name
  • Residence and mailing address
  • Date of birth
  • Telephone number and email address
  • Information about the out-of-state medical marijuana license
  • Patient signature or guardian signature within 30 days of the application submission
  • A digital, color copy of the out-of-state medical marijuana license
  • Proof of identity
  • A clear, color digital headshot

Rules for Businesses 

Oklahoma’s law authorizes the production, process, and distribution of medical marijuana. Entrepreneurs must obtain the appropriate license in order to grow, process, or sell cannabis at a dispensary.

The application for each of these businesses is a non-refundable $2500 that must be paid with a credit or debit card. In order to apply, prospective owners must be Oklahoma residents who are at least 25 years old. Owners may obtain multiple licenses, and there is no cap on how many licenses within each business type may be issued. 

All owners must submit a background check. Any non-violent felony conviction within the last two years and all other felony convictions in the last five years are disqualifications. Dispensary owners must provide proof that their facility is not located within 1000 feet of any public or private school entrance. Finally, cannabis business owners must register with the Oklahoma Bureau of Narcotics and Dangerous Drugs after receiving a license and before storing any cannabis on their premises.   

Learn With Wikileaf: What are Oklahoma’s Cannabis Laws?  was last modified: by
Dianna Benjamin
Author
Dianna Benjamin
Dianna Benjamin is a freelance writer, teacher, wife, and mom horrified and fascinated by social justice and our inability--yet constant pursuit--to get it right.