About the Medical Marijuana Laws in Oklahoma
In recent Oklahoma cannabis reform, Governor Kevin Stitt has vetoed SB 437. Senate Bill 437 sought to impose new restrictions on medical cannabis access and impose THC limits upon certain products.
Approved by more than 56%, Oklahoma residents ensured the state’s 342,263 residents received medical cannabis as of September 2020, according to the state government program OMMA.
Like most states, Oklahoma has had to delay its ballot measure that would not only legalize recreational cannabis use but make wide-sweeping criminal justice reform in the Sooner State. With recreational and medicinal cannabis legalization and reform happening each election cycle across the U.S., Oklahoma should appropriately see further medical cannabis provisions sooner than later.
Until then, Americans for Safe Access gives the south-central U.S. region a B for its medical marijuana program. “By May of 2020, Oklahoma had issued 2,428 dispensary licenses, 6,346 grower licenses, and 1,611 processor licenses, which have been instrumental in forming the medical cannabis industry backbone required to provide functional patient access.”
The rollout of statewide medical and recreational marijuana programs typically is a grindingly slow process that can take years. Not so in Oklahoma, which moved with lightning speed once voters approved medical marijuana in June. 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 state cannabis program.
On June 26, 2018, Oklahoma lawmakers made marijuana legal for medical purposes. Cannabis in Oklahoma is now legal with a license and with cited medicinal reasons. Under SQ 788, an individual who obtains a medical marijuana license from the state of Oklahoma may consume marijuana legally and may legally possess up to:
- 3 ounces of marijuana on their person
- 6 mature marijuana plants
- 6 seedling plants
- 1 ounce of concentrated marijuana
- 72 ounces of edible marijuana
- 8 ounces of marijuana in their residence
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 physician would follow for recommending or approving any medication.
Registering a Caregiver in Oklahoma
A caregiver in Oklahoma must meet certain criteria to assist a registered patient. To begin with, a caregiver must be at least 18 years old and a resident of the state. To prove residency, a caregiver must provide a current Oklahoma license or state identification card. The caregiver must also provide documentation that they are designated by the state-registered patient to assist them. In Oklahoma, caregivers are not required to pay a card registration fee.
Patients in the registry who require assistance obtaining or using medical marijuana products may designate an authorized caregiver only if the physician’s recommendation form attached to the patient’s application includes certification of the patient’s 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. The caregiver requirements are as follows:
- Digital copy of proof of Oklahoma residency
- Digital copy of proof of identity
- A clear, color, full-face digital photograph valid for use in U.S. passports
- Submitted appropriate Patient Caregiver Designation Form signed by the patient
Possession and Cultivation Regulations
Oklahoma state law allows patients to possess up to three ounces of cannabis on their person and up to eight ounces at their current residence. Patients can also possess six mature flower plants and six seedlings, as well one ounce of concentrates, and 72 ounces of edible cannabis-infused products. As noted, a patient is allowed to cultivate cannabis, with state law permitting patients to have up to six mature plants while also possessing six seedlings for future growth.
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 marijuana. 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.
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