Oklahoma’s marijuana laws distinguish between medical and recreational use. Understanding these regulations is important for residents, so this article provides an overview of what is permitted and what remains prohibited.
Medical Marijuana Legality in Oklahoma
In 2018, Oklahoma voters passed State Question 788, legalizing medical marijuana. The Oklahoma Medical Marijuana Authority (OMMA), now an independent agency, was created to oversee the program. The OMMA is responsible for everything from issuing licenses to enforcing industry rules, providing access to marijuana for patients with a physician’s recommendation.
All medical marijuana sales are subject to a 7% excise tax, which funds the OMMA and other state programs.1Justia Law. Oklahoma Statutes §63-426 (2024) – Tax on retail medical marijuana.
Qualifying for a Medical Marijuana Card
To legally purchase medical marijuana, residents must obtain a patient license. The process begins with a recommendation from a licensed Oklahoma physician. Oklahoma law does not list specific qualifying conditions, leaving the decision to the physician’s professional judgment.
After getting a recommendation, the applicant must apply through the OMMA’s online portal. The application requires proof of identity, a full-face digital photograph, and proof of Oklahoma residency. Acceptable forms of residency proof include:
- An Oklahoma driver’s license or identification card
- A voter identification card
- A residential property deed
- A current rental agreement
- A utility bill for the calendar month before the application date (cellular and internet bills are not accepted)
The standard application fee is $100, plus a processing fee. A reduced fee of $20 is available for applicants enrolled in Medicaid (SoonerSelect) or Medicare, or for those with a 100% disabled veteran status. If approved, the license is mailed within 14 business days. The process for minors requires recommendations from two physicians and parental consent.
Regulations for Medical Marijuana Cardholders
A valid medical marijuana card grants patients specific rights but also comes with strict regulations. All medical marijuana must be purchased from a state-licensed dispensary. As of June 1, 2025, all medical marijuana flower must be sold in pre-packaged quantities.
Cardholders are legally permitted to possess:
- Up to three ounces of marijuana flower on their person
- Up to eight ounces of marijuana flower in their residence
- Up to one ounce of marijuana concentrate
- Up to 72 ounces of edible marijuana products
Licensed patients can also cultivate up to six mature, flowering plants and six seedling plants.2Justia Law. Oklahoma Statutes §63-420 (2024) – Medical marijuana patient license – Possession limits – Application – Caregiver license. This must occur on private property owned by the patient or with written permission from the property owner. The plants cannot be accessible or visible to the public.
Illegal Marijuana Activities and Consequences
Despite the medical program, several cannabis-related activities remain illegal. Possessing any amount of marijuana without a valid medical license is a misdemeanor. If an individual can state a medical condition, possession of up to 1.5 ounces carries a maximum fine of $400. Possession without such a claim can lead to up to one year in jail and a $1,000 fine.
Even for cardholders, exceeding the legal possession or cultivation limits can result in criminal charges. The unauthorized sale or distribution of marijuana is a felony offense with severe consequences, including prison sentences and substantial fines.3Justia Law. Oklahoma Statutes §63-2-401 (2024) – Prohibited acts A – Penalties. These penalties are enhanced if the offense occurs near a school or park.
Driving under the influence (DUI) of marijuana is strictly enforced for all individuals. A first-time DUI offense is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000. A second offense within ten years becomes a felony, with penalties increasing to up to five years in prison and a $2,500 fine.4Justia Law. Oklahoma Statutes §47-11-902 (2024) – Persons under the influence of alcohol or other intoxicating substance or combination thereof — Penalty — Enhancement.
Status of Recreational Marijuana
As of mid-2025, recreational marijuana remains illegal in Oklahoma. All possession, cultivation, and use of marijuana for non-medical purposes are prohibited under state law. Individuals without a valid medical marijuana license cannot legally purchase or consume cannabis products.
In March 2023, voters defeated State Question 820, a ballot initiative that would have legalized and taxed recreational marijuana for adults 21 and older. Currently, there are no active ballot measures or legislative efforts to change the law. Marijuana use in Oklahoma is strictly limited to qualifying patients within the medical program.