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What are Medical Marijuana Laws in Oklahoma? (Updated Laws 2023)

Publish on December 6, 2023 by allenharper
What are Medical Marijuana Laws in Oklahoma?

In 2018 voters authorized Oklahoma State Question 788, or the Medical Marijuana Legalization Initiative, through which the Oklahoma Medical Marijuana Act (OMMA) administers the licensing, registry, approval, and distribution of medical marijuana. The 30th state to legalize medical marijuana, Oklahoma’s marijuana market has become one of the fastest-growing and most valuable in the nation. OMMA is also responsible for issuing legal medical marijuana cards to the state’s patients, for which you have to meet some criteria.

Oklahoma Medical Cannabis Laws

Caregiver Registration

Caregivers must submit the suitable caregiver registration form depending on whether they will be assisting an adult or minor patient. Minor patients may select up to two 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.

Oklahoma Medical Marijuana Card Fees

  • Application fee of $100 for general patients.
  • $20 for Medicaid and Medicare enrollees or disabled veterans.
  • Free of cost for caregivers.

Expiration and Renewal

The original Oklahoma Medical Marijuana Card of an adult patient lasts for two years. However, for minor patients, the card expires when the patient turns 18 or after two years, whichever happens first.

Possession Limits and Penalties

Only patients or caregivers who are registered with OMMA can legally possess medical marijuana. Patients and caregivers are permitted to possess up to
  • 3 ounces (85 grams) of usable cannabis on them and 8 ounces (227 grams) at home
  • 1 ounce (28 grams) of cannabis concentrates
  • 72 ounces (2 kilograms) of edible products

Public Consumption

Consumption of any marijuana in public places is unacceptable and punishable by the law. So it is only safe for the patient to consume it in the comfort of their home or a private place.

Smoking

Smoking also is allowed only in private places and it should not be performed in front of minors.

Driving

It is illegal for drivers and passengers to consume weed in any type of vehicle. Driving under the influence is also prohibited by the OMMA in Oklahoma.

Employment Discrimination

The OMMA act provides strict “no discrimination” against employees based on their status in the MMJ registry. An employer cannot hire, fire, or penalize an employee solely on the basis of medical marijuana consumption. As of 2022, employers can refuse to hire an applicant for a “safety-sensitive” (a job where the tasks or responsibilities could affect the employee’s health) position if the applicant tests positive for marijuana in their pre-employment drug screen. That doesn’t mean the employer won’t hire a medical marijuana patient for a safety-sensitive position.

Cultivation Laws in Oklahoma

Patients who choose to cultivate plants on their own can possess
  • 6 mature plants
  • 6 seedlings
The otherwise cultivation of any number of marijuana plants is illegal in the state. Possession of plants or seeds for non-patients is punishable by fine and imprisonment.

Purchase of Legal Weed in Oklahoma

Medical marijuana is made available to patients only through state-certified dispensaries. Dispensaries are registered under the OMMA and should possess a license ($2500 state fee) to deem them valid for selling medical marijuana.

Taxation

There is a 7% gross receipts tax on all cannabis, plus sales tax, that must be collected upon sale. A sales tax permit has to be obtained after a license is granted by OMMA.

Dosage

A dispensary cannot sell more than the amounts that fall in line with possession limits for patients.

Lab Testing

Medical marijuana growers and processors are required to use OMMA-licensed laboratories to test for the following:
  • Contaminants and filth
  • Heavy metals (testing for lead, arsenic, cadmium, and mercury is mandatory)
  • Microbes
  • Mycotoxins
  • Pesticides;
  • Residual solvents and chemical residue
  • Terpenes
  • THC potency
  • Water activity and moisture content

Reciprocity

A medical marijuana out-of-state or temporary patient license allows someone with a valid medical marijuana license from another state (issued by that state government) to legally buy, use and grow medical marijuana and medical marijuana proucts in Oklahoma. It’s available to adults and minors. However, out-of-state licenses are valid for 30 days. They can re-apply for the temporary card one week in advance of the expiration date. While applying, out-of-state applicants will need the following:
  • 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 dated within 30 days of the application date
  • Required documentation
It is highly recommended for a registered consumer to abide by the laws and regulations. To stay away from legality, commoners who are not medical marijuana users should consider the severe effects on their medical health and the consequences of legal penalties.
The answer to “Is weed legal in Oklahoma?” has been a partial one since 2018. The state legislature passed a law to enable the medical use of marijuana for qualifying patients. These patients must register with the state’s program and acclaim their prescribed medical marijuana. Even with clear guidelines and the state’s constant support through policies, many reports charged people for the misuse of medical marijuana. It is crucial for every registered patient in Oklahoma to remember that the risks of medical marijuana are similar to those of a psychoactive drug. Recreational or adult use of marijuana is still kept illegal in the state. Thus, following the regulations of the Oklahoma Medical Marijuana Program is the only way to stay away from legal and medical issues.

Qualifying Conditions

Unlike other states, Oklahoma does not specify a list of medical conditions for the state to deem a patient qualified. A licensed medical practitioner must provide a written recommendation letter or prescription. The letter should contain all the details regarding the patient’s medical diagnosis and the appropriate amount of marijuana for the patient. Although “qualifying” conditions do not exist as of now, chronic health issues and pain-inducing illnesses can be treated effectively. Here are some potential suggestions.
  • Agitation of Alzheimer’s disease
  • Amyotrophic Lateral Sclerosis (ALS)
  • Any chronic or debilitating medical condition, or disease, or the treatment for one that causes cachexia or wasting syndrome
  • Cancer
  • Chronic pain, such as from migraines or arthritis
  • Crohn’s disease
  • Glaucoma
  • HIV or AIDS
  • Hepatitis C
  • Post-traumatic stress disorder (PTSD)
  • Severe nausea
  • Severe or persistent muscle spasms, such as those associated with multiple sclerosis
  • Seizures, including from epilepsy

Age Requirement

To consume medical marijuana there is no age restriction. Only if you are under 18, you will need a caregiver such as a parent or a legal guardian who can register on your behalf in the OMMA Program. Your caregiver must be over the age of 21 to become a caregiver and must be approved by the diagnostic practitioner.

Essential Documents

  • Proof of Oklahoma residency
  • Proof of identity
  • A clear, color, full-face digital photograph
  • Adult Patient Physician Recommendation Form dated within 30 days of application submission.
If applicable, the patient must produce Medicaid or VA proof dated within the past 6 months.

Application Process

The process of getting an OK medical card is pretty easy and can be done wholly through teleservice.

Application

Claim a certification from a licensed medical health practitioner in Oklahoma who will provide you with a written form for you to complete. Complete the form and submit it for the application for a registry card.

Validation

Once you receive a notification from the registry, you should complete the online patient registration process. You will be asked to submit residency proof and other documents for verification.

Receive

Within 14 days of your submission, you will receive an approval/denial email from the state.
Posted in: Blog,Oklahoma

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