Oklahoma allows medical marijuana, but its use has specific rules. Since voters approved it in 2018, many dispensaries have opened and patient numbers have grown. Still, there’s often confusion about who can legally have marijuana, when, and what happens if rules are broken. This article explains Oklahoma’s medical marijuana system and what you need to know to avoid penalties.
Medical Cannabis Program
Medical cannabis in Oklahoma started with State Question 788 (SQ 788), approved by voters on June 26, 2018.1Wikipedia. 2018 Oklahoma State Question 788 This law allows licensed medical marijuana use for those who qualify. The Oklahoma Medical Marijuana Authority (OMMA), part of the State Department of Health, manages the program.2Oklahoma.gov. Oklahoma Medical Marijuana Authority This includes licensing and regulating patients, caregivers, and cannabis businesses like growers, processors, and dispensaries.
A notable aspect of Oklahoma’s system, established by SQ 788, is that licensed physicians can recommend medical marijuana for any condition they believe it will help.3Oklahoma Policy Institute. State Question 788: Medical Marijuana Legalization Initiative This approach differs from many states and has contributed to broad participation in the program.
Patient License Requirements
To legally use medical cannabis, you must get a patient license from the Oklahoma Medical Marijuana Authority (OMMA). This involves an online application that includes a recommendation from an Oklahoma-licensed physician (MD or DO) following an in-person medical check-up.
Applicants need to prove they live in Oklahoma. This can be done with a valid Oklahoma driver’s license or ID card, a utility bill (not cellular or internet) from the month before applying, or a residential property deed or current rental agreement in Oklahoma. You’ll also need to show proof of identity, such as a color copy of an Oklahoma driver’s license or ID card, a U.S. passport, or a tribal identification card. A clear, color, full-face digital photograph taken within the last six months is also necessary.
The standard application fee is $100, plus a processing fee.4Oklahoma Medical Marijuana Authority. Patient Licenses If you are on Medicaid (SoonerCare) or Medicare, or are a 100% disabled veteran, the fee is reduced to $20, plus processing. The physician’s recommendation must be dated within 30 days of when you submit your application.
OMMA usually reviews applications within 14 business days. Approved licenses are generally valid for two years, though a physician can set a shorter term. For minors under 18, recommendations from two physicians are needed. A parent or guardian must also consent, act as their caregiver, and apply for the license for the minor.
Possession and Use Guidelines
With a patient license, you can possess and use medical marijuana based on state rules. Licensed patients can legally carry up to three ounces of marijuana.
At home, patients can have up to eight ounces of marijuana, one ounce of concentrated marijuana, and 72 ounces of edible medical marijuana products.5Justia Law. Oklahoma Statutes §63-420 (2024) – Medical Marijuana Patient License and Possession Limits Patients are also allowed to grow up to six mature marijuana plants and six seedlings in their private residence, hidden from public view.6Justia Law. Oklahoma Statutes §63-427.12 (2024) – Restrictions on Growing Medical Marijuana
You cannot smoke or vape medical marijuana in places where tobacco smoking is banned, according to the Oklahoma Smoking in Public Places and Indoor Workplaces Act.7Justia Law. Oklahoma Statutes §21-1247 (2024) – Smoking in Public Places and Indoor Workplaces Act It’s expected that consumption happens in private homes. Driving under the influence of marijuana is illegal, even with a patient license.8Justia Law. Oklahoma Statutes §47-11-902 (2024) – Driving Under the Influence Penalties Also, federal law bans marijuana on federal property like military bases or national parks, no matter what state law says.
Penalties for Noncompliance
Patients must follow Oklahoma’s medical marijuana laws closely. Breaking these rules can lead to actions from the Oklahoma Medical Marijuana Authority (OMMA) or even criminal charges.
The OMMA can suspend or take away a patient license for violations such as giving false information on an application or sharing marijuana with people who don’t have a license. Using a fake or altered license can lead to criminal charges like fraud or forgery.
If patients have or grow more marijuana than allowed, the extra amount is illegal. This can result in charges for illegal possession. A first offense is often a misdemeanor, with penalties up to one year in jail and a $1,000 fine. Growing too many plants can lead to felony charges.
Illegally selling or giving away medical marijuana has serious consequences. A patient or caregiver caught doing this will lose their license. They also face criminal charges for unlawful distribution, which can be a felony with sentences from two years to life in prison and fines up to $20,000 for a first offense.9Justia Law. Oklahoma Statutes §63-2-401 (2024) – Prohibited Acts A – Penalties
Using medical marijuana in public places where tobacco smoking is not allowed can lead to fines from $10 to $100. If this happens repeatedly, OMMA might also take action against the patient’s license.
A medical marijuana license does not prevent DUI charges. Oklahoma law forbids driving while impaired by cannabis. A first-time DUI is a misdemeanor and can result in jail time, fines, and losing your driver’s license. Later offenses can be felonies.
Laws for Non-Patients
For individuals in Oklahoma who do not have a medical marijuana patient license, cannabis laws are much stricter. Possessing, growing, or distributing marijuana is illegal under the state’s controlled substances laws.
Possessing marijuana without a license is against Oklahoma law. State Question 802 changed some penalties for low-level drug possession. Now, a first-time conviction for marijuana possession without a license, if for personal use, is usually a misdemeanor. However, this is not legalization, and further offenses or possessing larger amounts can lead to more serious charges.
Growing marijuana without a patient or commercial license is a felony. For those not in the medical program, marijuana is classified as a Schedule I controlled substance.
Selling, distributing, or planning to distribute marijuana if you are not licensed carries heavy penalties. There are no exceptions for casual sales or sharing outside the official system. Possessing drug paraphernalia, such as pipes or bongs, can also result in separate charges.10Justia Law. Oklahoma Statutes §63-2-405 (2024) – Prohibited Acts E – Penalties