While considered among the most conservative of states, Oklahoma legalized medical marijuana in 2018 after voters approved State Question 788.
Recreational use of marijuana is strictly illegal in Oklahoma. Possession of marijuana is punishable by jail time of 0-5 years for a first offense, 0-10 years for a second offense, and 4-15 years for a third offense. The penalties were more severe until Oklahoma State Governor Mary Fallin signed into law House Bill 2479 in April 2016 to eliminate mandatory minimum sentencing for first and second felony drug possession and lower the maximum sentence for all felony drug possession charges. Any conviction also results in the immediate driver’s license suspension from 6 months to 3 years.
Oklahoma voters in June 2018 approved State Question 788 to legalize the cultivation, distribution, and use of medical marijuana. The law allows adults 18 years and older to obtain a medical marijuana license with the recommendation of a board-certified physician. Minors can register for medical marijuana with the approval of two doctors and their parent or legal guardian.
Unlike most states that delineate a specific list of conditions for which doctors can recommend marijuana, in Oklahoma physicians will be able to authorize patients for any disease or disorder they see fit.
Once the law is implemented, those with a medical marijuana license will be allowed to possess up to 8 ounces of marijuana, as well grow up to six mature plants and six seedlings. Marijuana will be available in the form of flower, edibles, and infused concentrates.
Previously, Oklahoma had in place a highly restrictive low-THC liquid cannabis oil program that was available only to children with severe epilepsy disorders, including Lennox-Gastaut Syndrome and Dravet Syndrome, and adults with severe forms of epilepsy, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, and wasting syndrome.
Consumption of CBD from Hemp Oil
Hemp-derived CBD products are legal under Federal Law in the United States; however, individual state laws are dynamic and fluid. Individual states may enact their own laws governing hemp-derived CBD.
Cultivation of Cannabis
The cultivation of cannabis for recreational purposes is a felony and carries severe penalties in the state of Oklahoma. Cultivating up to 1,000 plants is punishable by a maximum $25,000 fine and cultivating more than 1,000 plants is punishable by a maximum $50,000 fine. Both are also subject to a prison sentence ranging between 20 years to life.
Under State Question 788, licensed medical marijuana patients are legally allowed to grow up to six mature marijuana plants and up to six seedlings.
In April 2019, Oklahoma Gov. Kevin Stitt signed into law legislation that authorized the production of hemp for commercial purposes. The new law replaces the state’s previously authorized hemp pilot program, which had allowed for hemp to be grown by universities and colleges for research purposes. Oklahoma’s Department of Agriculture, Food and Forestry anticipates farmers will be able to start growing commercial hemp in 2020.