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Oklahoma Marijuana Laws In 2020

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Oklahoma Marijuana Laws In 2020

Is Weed Legal in Oklahoma? As we progress to a better future more state legislatures and lawmakers are beginning to see the benefits of legalizing marijuana. Oklahoma marijuana laws dictate adults over the age of 18 years can legally possess and use cannabis for medical use. However, it remains illegal for adults to purchase cannabis for recreational use. Nevertheless, lawmakers and state governments are aware of the economic impact recreational marijuana could have on the state

Oklahoma Medical Cannabis Laws

Under Oklahoma marijuana laws, citizens of the state can only possess, purchase, and use cannabis for medical purposes. However, under state law, a citizen interested in medical marijuana must obtain a state-issued medical cannabis license from the Oklahoma State Department of Health. Unfortunately, in this state cannabis purchasing and possession for recreational use remains illegal.

Medical Marijuana Possession Laws

Oklahoma cultivation medical cannabis laws

Oklahoma medical marijuana laws state that a citizen who’s been granted a medical marijuana license may legally possess up to 3 ounces of useable cannabis in person. However, within the confinement of private residences, a medical marijuana patient may possess a maximum of 8 ounces of cannabis. A medical marijuana patient may also legally possess and use up to one ounce of concentrated cannabis products and up to 72 ounces of edibles. 

Under Oklahoma marijuana laws, a licensed medical patient can legally cultivate cannabis for personal use. The legal limitation for cultivation is as follows:

  • No more than 6 mature cannabis plants 
  • No more than 6 cannabis seedlings.

Unlike most states where the age limit for medical marijuana is 21 years and older. Medical marijuana Oklahoma laws state that an adult 18 years and older can apply for a medical marijuana identification card without parental consent.

2020 Oklahoma Weed Laws: The Recreational Use of Cannabis Remains Illegal

It comes with no surprise that the current pandemic—COVID-19— sweeping across the country has put lawmakers at a standstill. That being said, the citizens of Oklahoma are still very determined to legalize marijuana for recreational use. 

Currently, Oklahoma State Question 807, will likely make an appearance on November 8th, 2022. The state question termed, Marijuana Legalization Initiative, will seek to legalize the recreational use pot in Oklahoma. Under this newly proposed Oklahoma marijuana law the following regulations would be set in place:

  • An adult over the age of 21 years, may legally purchase, possess, and use cannabis for recreational use. 
  • This recreational pot law would allow Oklahomans to possess no more than 1 ounce of useable cannabis flowers.
  • Concentrate possession limits would be 8 grams or less
  • For concentrates contained within infused products such as edibles, the possession limit would be less than 8 grams.

*All quantities listed above will are cumulative*

The passing of recreational cannabis laws in Oklahoma would legalize the cultivation of cannabis for adult use. The ballots current cultivation limit proposals are as follows:

  • Under the proposed cannabis laws in Oklahoma, adults can legally cultivate their own cannabis. The legal limit for cultivation is a maximum of 6 mature (flowering) cannabis plants and 6 seedlings. 
  • Adults interested in cultivating marijuana for recreational use must abide by state regulation for homegrown cultivation. Regulations for cultivation include growing marijuana on private property. All cannabis plants must be kept in a locked (secured) area, inaccessible to minors or the public. Marijuana plants should not be visible or recognizable through the public view. 

Finally, it is important to mention that SQ 807 would implement a 15% excise tax on the gross receipts for all marijuana sales to consumers. This excise tax will be in addition to any other state or local tax. 

On that same note, another state questions may also appear on the ballots in Novemeber. State Question 813 differ from State Question 807 in the following way:

  1. SQ 813 seeks to legalize recreational marijuana for adults 18 years and older.
  2. The approval of SQ 813 would allow out of state visitors to legally purchase recreational cannabis (under certain guidelines).
  3. For users 18 and older, an excise of 25% would be imposed.

Oklahoma Medical Marijuana Laws: State Question 788

On April 11th, 2016 the Oklahoma Secretary of State filed State Question 788.

SQ 788 contains 9 sections, each describing the rules and regulations that follow for medical marijuana possession, use, sales, and cultivation in Oklahoma. As the original initiative petition is quite extensive, for the purpose of this article we’ll focus on summarizing the key points to aid consumers interested in obtaining cannabis for medical use. 

Medical Marijuana Oklahoma: Applying for a Medical Marijuana Card

In most states—Colorado, Alaska—a patient must have a qualifying (recognized) health condition to qualify for medical marijuana protection. What makes Oklahoma cannabis laws unique is that the state does not have a setlist of conditions they deem qualifying. 

So, how do you get a medical marijuana card in Oklahoma? 

To obtain medical marijuana from a dispensary a patient must consult with a state-licensed physician. A state-licensed physician must submit an official form of recommendation which can be found on the Oklahoma Medical Marijuana Authority website. If a patient is below the age of 18 years, they will require two letters of recommendation from two different health practitioners. 

Once a patient obtains a physician recommendation form. They must complete the remainder of their application online through the Oklahoma Medical Marijuana Authority website. Applying patients will be required to submit:

  • An original digital photo of themselves, proof of identification (passport, drivers license)
  • Proof of residency ( Voter ID card, utility bill, or a drivers license)
  • Proof of health insurance (Medicaid, Medicare)

At the end of your application, you will be required to submit a non-refundable fee of $100. If you have Medicaid, Medicare, or disabled veteran status then the application fee reduces to $20. 

Weed Laws in Oklahoma: Appointing a Caregiver

Medical weed laws in Oklahoma permit adults to appoint a caregiver to purchase and grow cannabis on their behalf. The Oklahoma Medical Marijuana Authority defines a caregiver as a person—of legal age—who can assist a minor with the medical cannabis application process. Caregivers are designated for those patients below the age of 18 years old. Medical weed laws in Oklahoma state that a caregiver may be either a parent(s) or a legal guardian(s) 

Cannabis Laws in Oklahoma: Acts Which Remain Prohibited!

So, Oklahoma medical marijuana laws allow adults to legally possess and consume medical pot. The legalization of medical marijuana does not give a person a free pass when it comes to obeying the law. With regard to Oklahoma medical marijuana laws, here are a few penalties medical pot users could face.

  • Claiming a medical condition without a state-issued government license. This is considered a misdemeanor under state law. You could face a fine of up to $1000. However, if you’re in Oklahoma City, the fine for possessing cannabis greater than 1.5 ounces is $400.
  • Driving while high. Under federal and state law, it remains illegal to operate any motor vehicle while intoxicated. A first-time offender caught driving while high can face incarceration for 10 days and up to 1 year. They are also subjected to a fine of $1000.
  • Keep it private. State law prohibits medical patients from using cannabis on public property. It is illegal to use marijuana in public spaces such as buses, parks, and streets. It is also illegal to use marijuana within 1000 feet of school grounds.
  • Keep it contained. When traveling from place to place, Oklahoma weed laws dictate medical users keep all their weed in a sealed container.

Oklahoma Weed Laws: What We Can Expect in the Near Future

Weed laws in Oklahoma are straight forward! Medical pot is legal while recreational pot remains to be illegal. That being said, lawmakers do see the potential of legalizing recreational cannabis. However, with the current pandemic sweeping across the nation, it remains uncertain if cannabis will be legalized.

Got a question about the weed laws in Oklahoma? Let us know in the comments below

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