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oklahoma marijuana growing laws

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Oklahoma

Is weed legal in Oklahoma?

Medical marijuana was legalized in Oklahoma in 2018. Adult-use (recreational) marijuana remains illegal.

Legislation history

Medical marijuana was legalized in Oklahoma in 2018 when voters approved Oklahoma State Question 788 , or the Medical Marijuana Legalization Initiative, on June 26. This initiative made Oklahoma the 30th state to legalize cannabis for medicinal or recreational use.

No fewer than three petition drives were underway to put an adult-use measure on the ballot in Oklahoma in 2020. But coronavirus social-distancing measures curtailed all efforts to gather signatures and the petitions were withdrawn.

The Oklahoma State Department of Health oversees the Oklahoma Medical Marijuana Authority (OMMA) , which was established to administer the rules and regulations governing the state’s medical cannabis program. OMMA is responsible for maintaining a registry of patients, caregivers, and physicians as well as issuing licenses for growers, processors, testing labs, transporters, and dispensaries.

Where is it safe to purchase?

Authorized patients and their designated caregivers may purchase medical cannabis from a state-licensed dispensary. If a patient’s physician certifies that the patient is unable to make the transaction on their own, the patient may designate one caregiver to purchase and transport medical cannabis on their behalf. Children younger than 18 can designate two caregivers who are parents or legal guardians.

There are currently no purchase limits, but patients and their designated caregivers are subject to possession limits for flower, plants, concentrates, and edibles.

Delivery services are not currently authorized by the OSDH under Oklahoma marijuana laws.

All Oklahoma medical marijuana purchases will be assessed 7% sales tax at the point of sale.

Where is it safe to consume?

Common sense dictates that cannabis consumption should take place in a private space. But current OMMA rules make no mention of permissible consumption locations except to say that smoking or vaping medical marijuana is subject to the same laws as smoking tobacco .

Operating any vehicle, including a bicycle, under the influence of cannabis is illegal. Consumption in a vehicle is prohibited at all times by either drivers or passengers.

Possession and cultivation

Only patients and their designated caregivers who are registered with OMMA can legally possess medical cannabis. 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

Patients who elect to cultivate their own cannabis are limited to six mature plants and six seedlings. Patients may also designate a caregiver to grow cannabis plants on their behalf. Plants must not be visible from the street.

Possession of cannabis for non-medical use is considered a misdemeanor. Individuals caught in possession of cannabis who don’t have a valid registry license but who can show proof of an approved medical condition could face a fine.

Medical Marijuana Program

OMMA created the medical cannabis registry to verify qualified patients and their authorized caregivers and issue them licenses. The agency also maintains a list of registered physicians, though any licensed doctor can recommend cannabis treatment for a patient.

Patients

Residents of Oklahoma who have received a written certificate from an Oklahoma board-certified physician, with whom the patient has a bona fide physician-patient relationship, may apply for a medical cannabis patient’s license online .

There is no list of qualifying conditions, nor any specified criteria for patients to receive a physician’s recommendation. The physician must simply follow the same standards they would in recommending any other medication.

OMMA responds within 14 business days from the date an application is submitted. If a patient’s application meets all requirements, an approval letter and license will be mailed to the patient’s residence. Applications must be filled out and payments made online. Applications must be submitted within 30 days of obtaining a signed physician’s written certificate. A digital copy of this form must be submitted with the application through the online system.

The application fee is $100. Patients who receive Medicaid or Medicare benefits and disabled veterans pay a reduced fee of $20.

Adult patient licenses are valid for two years from the date they are issued. A minor’s license is valid for two years from the date it is issued, or until the patient turns 18, whichever happens first.

Caregivers

Patients in the registry who require assistance obtaining or using medical cannabis 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 appropriate caregiver designation form depending on whether they will be assisting an adult or minor patient. Minor patients may designate 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. Adult patients may only choose one caregiver but caregivers can assist up to five patients.

Application process

Patients
  1. Digital copy of proof of Oklahoma residency
  2. Digital copy of proof of identity
  3. A clear, color, full-face digital photograph
  4. Adult Patient Physician Recommendation Form, dated within 30 days of application submission
  5. If applicable, proof of Medicaid or Medicare enrollment or disabled veteran status
  6. Application fee of $100, or $20 for Medicaid and Medicare enrollees or disabled veterans
Caregivers
  1. Digital copy of proof of Oklahoma residency
  2. Digital copy of proof of identity
  3. A clear, color, full-face digital photograph
  4. Appropriate Patient Caregiver Designation Form signed by the patient or minor’s parent or guardian

Reciprocity

Oklahoma does offer out-of-state visitors temporary reciprocity. A medical marijuana temporary adult patient license grants the same rights as an adult license — to buy, possess, and use marijuana and to grow plants.

For minor applicants, the online application requires a parent or legal guardian’s information along with the minor’s information and the parent or guardian’s name appears on the license card. There are no caregiver licenses offered for temporary patients.

The application fee for temporary licenses is $100. Applications and payment are collected through OMMA’s website . Temporary applicants are required to provide digital copies of their out-of-state medical marijuana license, as well as proof of identity, and a clear, color digital photo. Temporary licenses are valid for 30 days but cannot exceed the expiration date of the out-of-state license. A temporary license can be renewed every 30 days for $100.

Lab testing

Cannabis 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

This page was last updated September 25, 2020.

View the medical marijuana laws & regulations for Oklahoma.

Can you Grow Marijuana at home in Oklahoma?

In Oklahoma, a person may possess marijuana (cannabis) so long as they have obtained a Medical Marijuana Patient Card from the Oklahoma Medical Marijuana Authority (OMMA).

Medical Marijuana patients may possess up to 3 ounces of cannabis on their person at any time, which means they can actually have this amount in their car or in their purse or with them. At home, a person may store eight ounces in their home (which is half a pound).

But not only can a medical card holder buy and possess marijuana in Oklahoma, but they can also grow their own cannabis plants at home.

Rules for Home-Growing Marijuana in Oklahoma

The first rule is that you must have a medical card.

To get a medical card, you need a recommendation from a doctor. You then take that written recommendation, upload it to the OMMA site, along with a photo ID, and pay the OMMA fee. You will then receive your medical card in the mail a few weeks later.

The next rule is that you must either own the property, or have permission from the owner.

So if you rent your house, you simply need to get written permission from your landlord that you may grow cannabis plants on the property. There are a couple ways to do this.

One, at the time of moving in to the new property, you could add a clause to the least that allows you to grow your cannabis plants on the property. If you already have a lease, you could execute an addendum says the same thing. You would simply type up something that says:

“Owner hereby consents to Tenant growing medical marijuana on the property solely for purposes of Tenant’s personal medical reasons.”

However, the absolute simplest way to get written permission would be to send your landlord an email, asking if you have permission. If the person replies back to the email with an affirmative answer, you could print and save that document as proof that you have permission to grow on the premises.

The third rule to growing cannabis at home in Oklahoma is that your plants cannot be visible from any street that touches your property. So make sure that your plants are out of sight from cars and pedestrians traveling past your home. This is also good policy to prevent or deter theft.

The final rule on growing cannabis at home is that you must abide by the legal plant limits. Currently, Oklahoma law allows a patient card holder to have six mature plants and six immature plants.

A mature plant is defined as one that is producing flower. In other words, once your plant has completed its vegetative growth and has begun flowering, it is considered a mature plant. An immature plant or seedling is simply a cannabis plant that has yet to flower and is still in the vegetative growth phase.

Therefore, if you are cloning, you will want to monitor your cloning activity so that you don’t exceed these limits.

Can you grow for Commercial Purposes at home?

So we’ve covered the basics on home-growing for patients. But what about people who want to work from home? The question here is can you grow commercially at your house? The answer is a bit more nuanced.

Land use is locally governed. Land that is within city limits is subject to the city’s zoning ordinances. Most municipalities categorize property as Residential, Commercial, or Industrial. And within those categories, they further break it down, such as R-1 (single family residence), R-2 (duplex), etc.

Your city has the power to limit what you can do on your property based on where it is located within the city and how it is zoned, and this includes commercial cannabis operations. Therefore, if you want to start a cannabis business, you should first check with your city manager or city zoning department on how the local zoning rules apply to commercial cannabis licensees.

If your city prohibits commercial cultivation on residential properties, then you will not be able to grow “at home” if your “home” is considered a residential property. Most cities in Oklahoma require cultivators to operate on either commercially or industrially zoned areas.

However, if you live on land that is outside of city limits, then your next level of authority is your county, and most counties do not have zoning requirements.

Therefore, it is possible that you could get a commercial grower’s license for property that you live on, so long as local laws allow for commercial growing on that particular piece of property.

Generally speaking, those individuals who live in rural areas, outside of incorporated municipalities, may very well be able to obtain a commercial growers license for either an outdoor grow or for an indoor grow if they have a suitable building on their property.

Cannabis Consulting and Litigation

Travis Charles Smith is an experienced trial lawyer and expert on Oklahoma Cannabis laws. If you would like a consultation or need representation relating to cannabis regulations, call 405-701-6016.

In Oklahoma, a person may possess marijuana (cannabis) so long as they have obtained a Medical Marijuana Patient Card from the Oklahoma Medical Marijuana ]]>