Oklahoma Cannabis Laws + Possession Limits

by Kat Austin December 21, 2023 4 min read

Oklahoma Cannabis Laws + Possession Limits - Vida Optima™

Oklahoma's cannabis laws have undergone significant transformations, shifting from strict prohibition to embracing medical cannabis. Understanding these laws might seem complex, but let's delve into Oklahoma's changing cannabis regulations. 

We'll navigate possession limits, cultivation guidelines, penalties, and the processes related to obtaining and distributing medical marijuana. Come along as we uncover the evolving terrain of Oklahoma's cannabis laws.

Table of Contents
Is Cannabis Legal in Oklahoma?
Oklahoma Cannabis Laws
Penalties for Marijuana-Related Crimes
Where to Buy Cannabis Online

Key Takeaways

  • Cannabis is legal for medical use in Oklahoma, but recreational use is still off the table. 
  • Medical patients can purchase up to 3 ounces and possess up to 8 ounces at home. 
  • There are penalties for possessing more than the allowable amount of cannabis, for unlicensed sales, and for consuming in public spaces. 

Is Cannabis Legal in Oklahoma?

A man rolls legal cannabis flower from an Oklahoma cannabis dispensary into a joint

In Oklahoma, medical marijuana is legal under Title 63 Section 420, while recreational use remains illegal. House Bill 2154, enacted in April 2015, allows legal use of cannabidiol (CBD) oil without a license. 

Medical marijuana in Oklahoma is subject to a 7% sales tax under Section 426, Title 63 of Oklahoma Statutes. Despite its legality in the state, marijuana remains a Schedule I Controlled Substance federally, prohibiting its use on federally owned properties within Oklahoma. This federal ban also restricts financial transactions and investment avenues for cannabis businesses, hindering their growth potential.

Regulations for Medical Use

  • Possess up to 3 ounces (85g) of cannabis
  • Store up to 8 ounces (230g) at home
  • Hold up to 1 ounce (28g) of concentrated cannabis and 72 ounces of edible cannabis
  • Grow six mature marijuana plants and six seedlings
  • Patients can qualify for medical cannabis if aged 18-21.
  • Patients can qualify for medical marijuana if under age 18 with a parent or guardian’s consent. A guardian must be established for purchasing and administering cannabis products. 
  • Patients can consume cannabis in a private residence or approved medical facility. 

Qualifying Conditions for Medical Cannabis in Oklahoma

The qualifying conditions for medical cannabis in Oklahoma include:

  • Anorexia and bulimia
  • Anxiety
  • Cachexia and wasting syndrome
  • Cancer
  • Chronic Pain
  • Cramps
  • Depression
  • Epilepsy and other seizure disorders
  • Glaucoma
  • Headaches
  • High Blood Pressure
  • HIV / AIDS
  • Hypertension
  • Inflammation
  • Insomnia
  • Lack of Appetite
  • Migraines
  • Multiple Sclerosis
  • Muscle Spasms
  • Muscular Dystrophy
  • Nausea
  • Neurological Disorders
  • Neuropathic pain
  • Parkinson’s
  • Post-traumatic stress disorder
  • Severe nausea
  • Spasticity
  • Spinal Cord Injury (SCI)
  • Stress
  • Terminal illness
  • Tinnitus
  • Tourette’s Syndrome

Oklahoma Cannabis Laws

In Oklahoma, medical cannabis is legal, while recreational use remains illegal as of 2023. Various groups have pursued adult-use legalization through ballot initiatives. 

Proposed initiatives SQ 818 and SQ 819 by Oklahomans for Responsible Cannabis Action (ORCA) sought to create a cannabis commission and legalize cannabis for adults above 21 but did not reach the ballot. Another initiative, SQ 820, submitted by Oklahomans for Sensible Marijuana Laws (OSML) in 2022, failed at the ballot in March 2023 after 60% of voters rejected it.

In terms of medical cannabis legislation:

  • House Bill 2272 enacted compliance inspections for dispensaries and licensees to actively operate their facilities.
  • House Bill 2022 proposed non-Oklahoma residents could obtain medical marijuana licenses, signed by an Oklahoma physician, without a qualifying medical condition.
  • House Bill 2646 introduced amendments to statutes, allowing temporary medical marijuana licenses for non-Oklahoma residents and reallocating excise tax funds for drug rehabilitation and prevention.
  • Senate Bill 1033 restricted caregivers from growing cannabis for more than five patients and provided waivers for cannabis businesses within 1,000 feet of schools.
  • House Bill 2930 exempted marijuana businesses from agricultural programs offering grants and loans to residents.

These bills address various aspects of medical marijuana use, licensing, taxation, business regulations, and caregiver limits in Oklahoma.

Penalties for Marijuana-related Crimes in Oklahoma

Cannabis is legal for medical use within specified possession limits. However, there are still some penalties for marijuana-related offenses in Oklahoma, including:

Possession:

  • Any amount: Misdemeanor, up to 1 year imprisonment, fine up to $1,000 (conditional release possible for first offense).
  • Second offense (post-July 1, 2017): Misdemeanor, up to 1 year imprisonment, fine up to $1,000.
  • Possession near schools, parks, or in the presence of a child under 12: Felony, double penalties, mandatory minimum 50% sentence served, $100 special assessment trauma care fee.

Sale or Distribution:

  • Selling <25 pounds: Felony, 2 years-life imprisonment, $20,000 fine.
  • Selling 25-1,000 pounds: Felony, $25,000-$100,000 fine, 4 years-life imprisonment.
  • Selling >1,000 pounds: Felony, up to $500,000 fine, 4 years-life imprisonment.
  • Selling to minors or near schools/parks: Felony, double penalties, mandatory minimum 50% sentence served.

Cultivation:

  •  <1,000 plants: Felony, up to $25,000 fine, 20 years-life imprisonment.
  • >1,000 plants: Felony, up to $50,000 fine, 20 years-life imprisonment.

Hash & Concentrates:

  • Converting or possessing hashish/concentrates: Felony, fines up to $50,000, 2 years-life imprisonment for first offense, subsequent offenses increase penalties.
  • Distributing or possessing with intent to distribute: Felony, fines up to $20,000, 2 years-life imprisonment.
  • Possession of hashish/concentrates: Misdemeanor, fines up to $1,000, and/or up to 1 year imprisonment. Penalties increase for subsequent offenses or if within proximity to specific locations.

Paraphernalia:

  • Possession: Misdemeanor, up to 1-year imprisonment, $1,000 fine. Subsequent offenses incur higher fines and potential imprisonment.

Legal Cannabis and Buy Online Alternatives

Although cannabis is legal in many states, hemp-derived THC products are still rising as a noteworthy alternative thanks to their affordability and accessibility. Hemp-derived THC products are federally legal, unlike traditional marijuana products, meaning they can often be ordered online and shipped right to your door. 

Read “Is Delta-8 Legal? A State by State Guide to Delta-8-THC Laws” to learn more about hemp THC laws near you, then check out our Elev8 and Cloud9 Collections.

Vida Optima Cloud9 Delta-9-THC Gummies


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