Cannabis in Oklahoma
Oklahoma Cannabis Laws
Is Weed Legal in Oklahoma?
Oklahoma used to have some of the most strict marijuana laws in the country but has made great strides in recent years. While recreational marijuana has yet to become legal, on June 26, 2018, Oklahoma voters legalized medical marijuana. Since legalization, the state has actually become the quickest of all states to implement the cannabis laws. After just two months, Oklahoma began accepting medical marijuana applications and caregiver applications. Then, three months after legalization, the first legal medical marijuana was sold in the state. Later in 2018, Oklahoma finally decriminalized possession of marijuana. Now, Oklahoma is considered to have one of the largest medical marijuana programs in the nation, issuing over 200,000 medical marijuana cards and opening 7,000 medical retailers. With no list of qualifying conditions and few barriers to entry for dispensaries to open, Oklahoma’s medical marijuana market is booming.
In 2020, Governor Stitt vetoed HB 3228, which would have decriminalized marijuana and allowed medical marijuana deliveries. Stay tuned for more updates as legislators will surely work on a new bill to pass.
Buying Marijuana in Oklahoma
While much progress has been made since 2018 concerning medical marijuana, the sale of any marijuana not prescribed and sold by a licensed medical dispensary is strictly illegal. However, Oklahoma has made it easier to achieve a medical marijuana card than other states with no list of qualifying conditions and plenty of doctors to prescribe cannabis.
Buying Marijuana at a Retail Location
If you are an Oklahoma resident, the only way for you to light up legally is by obtaining an approved medical marijuana card and visiting valid medical marijuana dispensaries. This is quite easy, as Oklahoma is home to over 7,000 medical dispensaries with new ones popping up each month. Obtaining a medical card is a case by case basis and the state allows for minors with severe conditions to qualify for a card.
Using a Marijuana Delivery
The delivery of marijuana in any capacity has been repeatedly shut down by Oklahoma’s government but efforts to approve delivery have been abundant. However, as of now, no laws have allowed for delivery service in Oklahoma and any attempt to deliver marijuana will result in serious penalties.
There haven't been any laws set up to truly affect the operating hours of medical dispensaries in Oklahoma. However, most dispensaries operate during pretty normal business hours, usually opening at 8:00 a.m. and closing around 10:00 p.m.
As of now, there are no purchasing restrictions for medical marijuana implemented by the Oklahoma State Department of Health or the Oklahoma Medical Marijuana Authority. That being said, there are possession limits in Oklahoma stating that medical marijuana users cannot possess more than three ounces on their person or more than eight ounces in their private residence. Therefore, as a rule of thumb never purchase more than you are legally allowed to possess.
With more and more research into the benefits of marijuana, a large variety of marijuana products have been created. In Oklahoma, with marijuana only being legal medically, there has been a large focus on growing medicinal strains and creating various medicines and creams from the marijuana plant. Therefore, you can find just about any marijuana product you can imagine, from flower to concentrates and ointments.
Taxes on Marijuana in Oklahoma
Taxes on Recreational Marijuana in Oklahoma
Recreational marijuana is still illegal in the state of Oklahoma and is unable to be purchased in dispensaries. Those wishing to buy marijuana should talk to their doctor about medical marijuana.
Taxes on Medical Marijuana in Oklahoma
Medical marijuana taxes are accounting for such a large boom in Oklahoma’s economy with much of its proceeds going to education, alcohol rehabilitation and research programs. To consumers, this comes at the price of medical marijuana being taxed at much higher rates than other states with legal medical marijuana. Across the state, there is a 7% excise tax on the gross amount of marijuana received from the supplier. In addition to this, there are state and local sales taxes that are added on. From county to county, the sales tax averages 8.9% meaning there is a total taxation on medical marijuana of around 16%.
Oklahoma has uniquely high possession limits for medical marijuana users. In the state of Oklahoma, medical patients are allowed to have up to three ounces of flower on their person and up to eight ounces stored safely in their private residences. As for edibles, patients can hold up to 72 ounces of edibles – that is if you can carry all of that. For concentrates, up to an ounce is permitted. It is unsure if these rules will change in the future, but as of now, you are certainly allowed to stockpile marijuana products in Oklahoma.
Using Marijuana in Oklahoma
Using marijuana in Oklahoma is very black and white. The only place where consuming marijuana is allowed is in one’s own private residence. This means ANY place outside of your property is completely illegal.
Areas in Oklahoma that DO allow the use of marijuana:
- Your OWN private residence
Areas in Oklahoma that DO NOT allow the use of marijuana:
- Public places of any kind
- Federal Land such as national parks
Smoking on Federal Lands
Since marijuana of any kind is still illegal on a federal level, smoking on federal lands is illegal. This is because the federal level has jurisdiction over any federal land meaning their rules and only their rules apply. If you are caught smoking or consuming marijuana on federal territory, you will be prosecuted under federal control.
Medical Marijuana in Oklahoma
Medical marijuana has quickly become one of Oklahoma’s most booming industries since its legalization and decriminalization in 2018. The lack of recreational marijuana in Oklahoma is still illegal making the demand for medical marijuana that much higher. If you believe that medical marijuana is right for you, talk with your healthcare professional.
How to Get a Medical Marijuana Card in Oklahoma
Oklahoma differs from other states as there is not a preapproved list of medical conditions. Therefore, the state instead allows for doctors to make this decision as they would under all standards for regular pharmaceuticals.
To obtain a medical card in Oklahoma, the patient must bring Oklahoma’s official application to their doctor and acquire a signature. After applying with your doctor’s signature, the state will then review your individual case and if approved, send over a certification. MMJ cards in Oklahoma are valid for two years and can be renewed at the end of each two-year period. The fee is $100 for patients and just $20 for those on Medicare or Medicaid.
Out of State Medical Cards Oklahoma
In 2019 Oklahoma allowed for temporary medical marijuana cards to be issued to MMJ cardholders outside of the state. To apply, people outside of the state must have with them a valid government-issued ID and their MMJ card. These temporary medical cards last for 30 days and cost $100.
How to Transport Marijuana in Oklahoma
Transporting Marijuana in Oklahoma
State-licensed medical marijuana patients and caregivers are legally allowed to transport marijuana in their cars within the state boundaries of Oklahoma. However, any marijuana product within the vehicle must be sealed and out of reach of the driver, including the glovebox. It is always best practice to store any marijuana in the car in the trunk or behind the backseat of the vehicle.
Driving While Under the Influence of Marijuana
In any state, it is highly illegal to drive under the influence of marijuana as it is a big risk to you and other drivers on the road. As for Oklahoma, driving while high is penalized under the same scrutiny as driving while drunk. Therefore, you should always be smart and responsible when consuming marijuana and never be afraid to take advantage of public transportation or ride-sharing apps.
Driving Across State Lines with Marijuana
As mentioned above, marijuana is illegal on a federal level and driving across state lines puts you into federal jurisdiction. While many states are working on legalizing driving across state boundaries, there has been no avail. Therefore, just like every other state, driving across Oklahoma's state borders is illegal and will lead to federal penalties if caught.