Voters in the state of Oklahoma approved the Medical Marijuana Legalization Initiative (Oklahoma State Question 788 – SQ 788) on June 26, 2018. As a result, the Oklahoma State Department of Health (OSDH) was given responsibility for establishing regulations for the state’s medical marijuana program, and the Oklahoma Medica Marijuana Authority (OMMA) formed to administer the regulations. Less than two months later, on August 6, 2018, Governor Mary Fallin signed the OSDH’s approved emergency rules and regulations for the program.
If you want to work or own a business in Oklahoma’s medical marijuana industry, these are the rules and regulations you need to comply with, and you need to be cognizant of that fact that they could change in the future. Lawmakers will have an opportunity to review the rules again in February 2019.
Below is an introduction to the laws governing Oklahoma’s medical marijuana program as of 1/7/19:
Commercial Grower (Cultivator) Licensing Regulations
Applicants for commercial grower licenses in Oklahoma must pay a $2,500 application fee. There is no limit on the amount of marijuana a licensed cultivator can grow, however, they cannot sell medical marijuana directly to a medical marijuana patient card holder.
Dispensary Licensing Regulations
To apply for a medical marijuana dispensary license and sell marijuana products to patients in Oklahoma, you must submit an application and $2,500 application fee. In addition, you must be 25 years of age or older and prove Oklahoma residency for all members, managers, and board members. Non-Oklahoma residents may own an interest in a medical marijuana dispensary, but the percentage of non-residents’ ownership stakes must be below 25%. In addition, all applicants must be registered to conduct business in Ohio. There is no way around these rules as applicants must disclose all ownership.
Dispensary applicants will not qualify for licenses if they have a felony conviction within five years (nonviolent felony convictions within the past two years are excluded), inmates, or currently incarcerated.
Under the emergency rules, dispensaries must hire a licensed pharmacist and may not sell smokable marijuana, which means patients will only be able to purchase edibles, topicals, and tinctures. However, concentrates cannot have a THC content of more than 12%.
Delivery Licensing Regulations
Transportation licenses are issued to marijuana dispensaries, growers, or processors at the time the retail, growing, or processing license is approved. In simplest terms, transportation licenses allows business to transport marijuana between licensed dispensaries, growing facilities, and processing facilities. The law requires that both marijuana and marijuana products are transported in locked containers that are clearly labeled “Medical Marijuana or Derivative.”
Patient Medical Marijuana Card Qualifications
To obtain a medical marijuana card, patients must be 18 years of age or older, and their applications must be signed by an Oklahoma Board certified physician. However, younger patients can obtain medical marijuana cards if their applications are signed by two physicians and the applicant’s parent or legal guardian.
There are currently no qualifying conditions to obtain a medical marijuana card in Oklahoma. The only requirement is that the card is recommended according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication.
Medical marijuana cards must be approved through an application process with the Oklahoma State Department of Health and are valid for two years after the applicant’s residency is confirmed and he or she pays the $100 application fee ($20 for patients on Medicaid, Medicare, or SoonerCare).
Oklahoma’s medical marijuana program allows for reciprocity. A 30-day temporary medical marijuana license will be granted to any patient who holds a valid medical marijuana license from other states. The fee for a temporary license is $100.
Possession Regulations
Only patients who hold state-issued medical marijuana cards can consume or possess marijuana in Oklahoma. Possession is limited to one ounce of concentrated marijuana or eight ounces of marijuana in their residence as well as 72 ounces of edible marijuana. Patients may only carry up to 3 ounces of dry-flower cannabis in public.
If a person without a valid medical marijuana card is caught with 1.5 ounces of marijuana or less, they’ll face a misdemeanor charge and have to pay a fine up to $400. The charges, fine, and penalties increase if the person is in possession of a higher amount of marijuana.
Self-Cultivation Regulations
Patients with valid medical marijuana cards can grow cannabis in Oklahoma – up to six mature marijuana plants and up to six seedling plants. The only way patients will be able to access smokable marijuana under the rules of Oklahoma’s medical marijuana program is if they grow it themselves.
Growing marijuana in Oklahoma without a physician’s recommendation is a felony and comes with a mandatory sentence of 20 years in prison at a minimum. If you own the land you grow cannabis on or grow more than 1,000 plants, the penalties increase.
Caregiver Regulations
Caregivers may possess and purchase medical marijuana for their patients, but they must prove that they are an Oklahoma resident and 18 years of age or older. Caregivers must also prove that the patient is homebound and has a medical marijuana license. The caregiver must submit an Adult Patient Caregiver Designation Form to the state which has been signed by the patient.
How to Learn More about Oklahoma Medical Marijuana Laws
Keep in mind, local municipalities are allowed to implement stricter regulations, so it’s essential that you understand not just state laws but also local rules for medical marijuana businesses before you enter the industry. For example, all medical marijuana businesses operating in Tulsa, Oklahoma must have an electronic security system and surveillance camera and must be in an enclosed building with proper ventilation. This may not be the case in every other municipality.
To learn more about the regulations and nuances in the Oklahoma medical marijuana industry so you can work and operate there with confidence (and without making mistakes that can cost you hefty fines, penalties, and your license), register for one of Leafy Green Agency’s upcoming Oklahoma seminars: