Oklahoma Marijuana Laws 2024

Oklahoma’s marijuana regulations have undergone significant changes over the past few years. Following the legalization of medical marijuana in 2018, the state’s industry has grown rapidly, leading to new laws and stricter regulations to ensure proper oversight and compliance.

Public attitudes towards marijuana in Oklahoma have evolved significantly over the past decade. A state-commissioned survey in 2013 indicated strong support for medical marijuana, with over 50% of respondents favoring decriminalization. This shift in public opinion led to the approval of State Question 788 in 2018, which legalized medical marijuana and established the Oklahoma Medical Marijuana Authority (OMMA) to regulate the industry.

Key Provisions of the Oklahoma Medical Marijuana and Patient Protection Act

The Oklahoma Medical Marijuana and Patient Protection Act, enacted following the approval of State Question 788, outlines the framework for the state’s medical marijuana program. This legislation allows eligible Oklahoma residents to obtain medical marijuana licenses, permitting them to possess and use specific amounts of marijuana. As of 2024, the possession limits for medical marijuana patients are as follows:

• Up to 3 oz. (84.9 g) of marijuana on their person
• 6 mature marijuana plants and the harvested marijuana
• 6 seedling plants
• 1 oz. (28.3 g) of concentrated marijuana
• 8 oz. (226.4 g) of marijuana in your residence
• 72 oz. (2,037.6 g) of edible marijuana
• 72 oz. of topical marijuana

According to Oklahoma marijuana laws, license holders may use medicinal marijuana only in locations where tobacco smoking is allowed, while edible forms can be consumed anywhere. However, under federal law, medical marijuana remains illegal in Oklahoma. Therefore, individuals with Oklahoma medical marijuana licenses are not protected from federal prosecution if found in possession of cannabis on federal property or tribal trust lands in Oklahoma.

New Regulations and Updates

Recent changes in Oklahoma’s marijuana regulations have introduced new requirements for employee credentialing. Senate Bill 1704, effective January 2024, mandates that employees of licensed medical marijuana businesses must obtain credentials before starting work. This measure aims to enhance regulatory compliance and ensure that all individuals involved in the medical marijuana industry meet specific standards. 

Standards for Employee Credentialing:

• Proof of Identity: Employees must provide government-issued photo identification, such as an Oklahoma driver’s license, state ID, or U.S. passport.
• Background Checks: Applicants must complete both state and national background checks. The state background check, conducted by the Oklahoma State Bureau of Investigation (OSBI), must be dated within 30 days of the application. A national background check is also required, with an attestation form temporarily fulfilling this requirement until the full check is completed.
• Application Fee: The application fee for the employee credential is $30, plus processing fees. Renewal and replacement credentials will also incur the same fees.
• Credential Validity: Credentials are valid until January 31 of the following year and must be renewed annually.

Additionally, the OMMA has implemented stricter oversight measures, including the use of secret shoppers to verify compliance with state regulations. Dispensaries are now subject to more rigorous inspections and must adhere to detailed record-keeping and reporting requirements​

License Moratorium and Market Regulation

In 2023, Senate Bill 437 imposed a moratorium on new medical marijuana business licenses until 2026. This decision was made to address concerns about market oversaturation and the potential involvement of organized crime. The moratorium aims to stabilize the industry and ensure that existing businesses can operate sustainably while maintaining high standards of compliance.

Qualifying for a Medical Marijuana License

To obtain a medical marijuana license in Oklahoma, applicants must meet several criteria and follow a detailed process:

• Residency: Applicants must be residents of Oklahoma.
• Age: Patients must be at least 18 years old. Minors can qualify through a caregiver.
• Medical Certification: A physician must provide a written recommendation for medical marijuana for the patient’s condition. This certification must be documented on the Adult Patient License—Physician Recommendation Form or the Minor Patient License—Physician Recommendation Form.

Application Process:

• Applicants must submit their applications online through the OMMA Licensing Portal.
• Required documents include proof of identity (e.g., Oklahoma driver’s license, state ID, or U.S. passport), proof of residency (e.g., utility bill, property deed, or rental agreement), and a clear, color photograph.
• Applicants must pay a non-refundable fee of $100, or $20 for those with proof of Medicaid, Medicare, or 100% disabled veteran status. There is also an additional credit card processing fee.
• After submission, the OMMA reviews applications within 14 business days. Approved applicants receive their medical marijuana license cards via mail.

Dispensary Regulations

Medical marijuana dispensaries in Oklahoma must comply with stringent regulations to operate legally. Key requirements include:

• Licensing: Dispensaries must obtain a commercial license from the OMMA. All owners, officers, investors, directors, and stockholders must undergo a criminal background check.
• Residency: At least 75% of the business must be owned by Oklahoma residents, and owners must be at least 25 years old.
• Operational Standards: Dispensaries can only source products from licensed Oklahoma cultivators and processors. They must also maintain detailed records of all transactions and comply with state packaging and labeling requirements. 

Applicants must submit detailed documentation, including proof of identity, residency, a certificate of good standing from the Oklahoma Secretary of State (if applicable), and an Affidavit of Lawful Presence for each owner. Additionally, the dispensary must be at least 1,000 feet away from any public or private school.

The application process involves completing and submitting forms through the OMMA Licensing Portal and paying a non-refundable application fee. This fee is calculated as 10% of the dispensary’s annual state sales tax and excise tax, with a minimum of $2,500 and a maximum of $10,000.

Advertising and Labeling Regulations

Oklahoma’s marijuana laws impose strict guidelines on advertising and labeling to prevent misleading information and protect public health. Key provisions include:

• Prohibited Advertising: Advertisements cannot be deceptive, false, or misleading. They must not promote overconsumption or imply unverified health benefits. Advertising that appeals to children or depicts marijuana use by minors is strictly forbidden.
• Labeling Requirements: Packaging must include warnings such as “Keep out of reach of children” and “For use by licensed medical marijuana patients only.” Labels must list the product name, license number, batch number, quantity, and ingredients to facilitate product recalls if necessary.

Purchasing Limits and Legal Use

Medical marijuana patients in Oklahoma are subject to specific purchasing and possession limits:

• Purchasing Limits: Patients can purchase up to 3 ounces of marijuana flower, 1 ounce of marijuana concentrate, 72 ounces of edible marijuana, 6 mature plants, and 6 seedling plants in a single transaction. These limits also apply to possession.

Dispensaries are required to verify that all sales are made to individuals with a valid medical marijuana license. This involves using the OMMA-provided system to confirm the license’s validity, including the name, license number, expiration date, and photo of the licensee. 

Additionally, dispensaries cannot sell medical marijuana products to unlicensed individuals, and all transactions must comply with state laws. Failure to adhere to these regulations results in unlawful sales. Delivery services for medical marijuana remain prohibited under current Oklahoma legislation. More details can be found in the state’s marijuana transaction limitations under section 442:10-5-12.

Penalties and Enforcement

Oklahoma imposes penalties for violations of its medical marijuana laws. Key penalties include:

• Unauthorized Sales: Dispensaries that sell or transfer medical marijuana to unauthorized individuals face fines and potential license revocation. The first offense carries a $200 fine, while subsequent offenses can result in a $500 fine and loss of the business license.
• Illegal Cultivation: Growing marijuana on unauthorized land or in public view is prohibited. Violations can result in fines and criminal charges.

Future Prospects and Legislative Developments

The Oklahoma House of Representatives recently passed House Bill 2272, which is currently under Senate review. This bill seeks to limit the number of medical marijuana business licenses issued by the OMMA to prevent organized crime from dominating the market. While these developments are unlikely to affect the average medical marijuana patient’s access, they represent ongoing efforts to refine and improve the regulatory framework.

In March 2023, Oklahoma voters rejected State Question 820, which aimed to legalize recreational marijuana. This indicates that while there is significant support for medical marijuana, the state is not yet ready to embrace full legalization of recreational use.

Evolving Regulations

Oklahoma’s medical marijuana laws have evolved considerably since the approval of State Question 788 in 2018. The state continues to refine its regulatory framework to ensure compliance, safety, and sustainability within the industry. With new regulations in place for 2024, including employee credentialing, license moratoriums, and enhanced quality assurance measures, Oklahoma remains committed to maintaining a robust and well-regulated medical marijuana program.

Staying informed about these changes is crucial for patients and businesses to comply with and participate successfully in the industry. Regulations in Oklahoma can be complex. IndicaOnline’s point of sale (POS) software ensures you remain compliant with Metrc 24/7. Our team receives notifications about regulatory changes promptly and updates our product accordingly, so you can stay focused on your business without worrying about the latest updates.