Oklahoma cannabis laws have changed quite a bit since voters approved Oklahoma State Question 788 in 2018, legalizing medical-use cannabis in the state.
As an important and time-sensitive update, the Oklahoma Medical Marijuana Authority (OMMA) and Metrc have announced the kickoff for Metrc implementation in the state.
In this post, we’ll break down 6 important cannabis laws in the state of Oklahoma. An overview of Oklahoma medical marijuana regulations can be found here.
Oklahoma Cannabis Laws At A Glance
- Oklahoma has legalized medical marijuana only. Recreational use of cannabis is not legal.
- Oklahoma residents with a physician’s recommendation can apply for a medical marijuana patient license.
- Oklahoma cannabis business license holders must be 25 years old, an Oklahoma resident, and have a certificate of good standing from the state.
- The application fee for a cannabis business is $2,500.
- Oklahoma imposes a 7% excise tax on cannabis sales, in addition to state and local tax.
- The regulatory body for Oklahoma’s medical marijuana industry is the Oklahoma Medical Marijuana Authority (OMMA).
- Oklahoma patients are allowed up to 3 ounces of marijuana on their person.
- Medical marijuana patients may possess up to 8 ounces in their residence.
- The deadline for all licensees to be fully compliant with Metrc in OK is May 26, 2022.
Law #1: Purchase Limits
Legal reference: 310:681-5-12. Marijuana transaction limitations (a) A single transaction by a dispensary with a patient, or the parent(s) or legal guardian(s) if patient is under eighteen (18) years of age, or caregiver shall be limited to three (3) ounces of marijuana, one (1) ounce of marijuana concentrate, seventy-two (72) ounces of edible medical marijuana products, six (6) mature plants, and/or six (6) seedling plants.
Oklahoma purchase limits are equivalent to:
- 3 ounces marijuana flower
1 ounce marijuana concentrate
72 ounces of edibles
6 mature plants
6 seedling plants
Note: Oklahoma purchase limits are on a per transaction basis, they are not daily or monthly.
The above limitations apply to possession of marijuana as well. Meaning, at any time, legal patients in Oklahoma may possess no more than the above quantities of cannabis.
Currently, Oklahoma state law does not permit the delivery of medical marijuana products.
Oklahoma dispensaries can only sell cannabis to patients with valid medical marijuana or caregiver’s license. Licenses can be verified through the OMMA database.
Definitions to know:
- Mature plant – a harvestable, flowering female marijuana plant.
- Seedling – a marijuana plant without flowers.
Law #2: Packaging And Labeling
Legal reference: OAC 310:681-7-1. Pg. 56, Subsection (d): Adds prohibition that packages and labels cannot contain the OSDH or OMMA logo. Compliance inspectors have found several instances where this is occurring. Pg. 56, Subsection (e): Adds requirements for labels of non-edible products so they are more uniform with edibles and provide important information such as name, license number, batch number, quantity, and ingredients. These items are essential information for a patient to have access to in the event of a recall.
- A dispensary’s packaging and labels cannot contain the OSDH or OMMA logo.
- For safety purposes, packaging can’t be attractive to minors, must be child-resistant, and must warn users to keep products out of reach of minors.
- Labels for non-edible products should look like the labels for edible marijuana products and include the product name, license number, batch number, quantity, and ingredients. This is done to easily identify THC and CBD products in case of a recall.
Law #3: Taxes
Legal reference: 310:681-5-7. (a) The tax on retail medical marijuana sales by a dispensary is established at seven percent (7%) of the gross dollar amount received by the dispensary for the sale of any medical marijuana or medical marijuana product. This tax will be collected by the dispensary from the customer who must be a licensed medical marijuana patient or caregiver.
(b) A dispensary shall either hold or obtain an Oklahoma sales tax permit from the Oklahoma Tax Commission in compliance with OAC 710:65- 19-216.
(c) Reports and payments on gross sales, tax collected, and tax due shall be remitted to the Oklahoma Tax Commission by every dispensary on a monthly basis.
There is a 7% retail cannabis tax that is collected by dispensaries from their patients.
Dispensaries must get and keep their Oklahoma sales tax permit from the Oklahoma Tax Commission in compliance with OAC 710:65- 19-216.
Reports and payments on gross sales, tax collected, and tax due must be sent to the Oklahoma Tax Commission by every dispensary monthly (no later than the 20th of the next month). Note: This will not be relevant after Metrc is online in Oklahoma.
Reports must include:
- Dispensary name
- Telephone number
- License number
- Reporting month and year
- Total gross receipts for preceding month from sales of any medical marijuana product
- Amount of tax due
- Other reasonable information the Tax Commission may require
Law #4: Penalties And Fines
Legal reference: 310:681-2-9. Prohibited acts and penalties (a) A licensed patient shall not sell or otherwise transfer any medical marijuana or medical marijuana products to another individual or entity. Intentional and impermissible diversion of medical marijuana or medical marijuana products by a licensed patient may result in, for a first offense, a fine of $200.00, and for a second offense, a fine of $500.00 and revocation of license upon a showing that the violation was willful or grossly negligent. (b) A licensed caregiver shall not sell or otherwise transfer any medical marijuana or medical marijuana products to any individual other than the licensed patient on whose behalf the caregiver is lawfully authorized to grow, possess, purchase or otherwise obtain said medical marijuana or medical marijuana products. Intentional and impermissible diversion of medical marijuana or medical marijuana products by a licensed caregiver may result in, for a first offense, a fine of $200.00, and for a second offense, a fine of $500.00 and revocation of license upon a showing that the violation was willful or grossly negligent. (c) All medical marijuana grown by medical marijuana patient license holders or caregivers may only be grown on real property owned by the patient license holder or on real property for which the patient license holder has the property owner’s written permission to grow medical marijuana on the property. The growth of medical marijuana in locations not permitted under this Subsection is prohibited. (d) Any and all medical marijuana grown by licensed patients or caregivers shall not be accessible to a member of the general public. (e) Any and all medical marijuana grown by licensed patients or caregivers shall not be visible from any street adjacent to the property. Medical marijuana is “visible” if it is viewable by a normal person with 20/20 eyesight without the use of any device to assist in improving viewing distance or vantage point. (f) No licensed patient or caregiver shall operate or otherwise use any extraction equipment or processes utilizing butane, propane, carbon dioxide or any potentially hazardous material in or on residential property.
Here’s what dispensaries can’t do in Oklahoma:
- Sell or transfer medical marijuana products to another individual. Penalty: $200 fine for the first offense, and $500 plus revoked license for the second offense.
Grow medical marijuana on land you don’t own or have explicit written permission to grow on.
- Grow marijuana that is accessible to the public or that can be seen from the street.
- Use extraction equipment that utilizes butane, propane, carbon dioxide, or other potentially hazardous chemicals on residential property.
All licenses must include:
- Digital photograph of the license holder
- Name and date of birth of the license holder
- For minors, the name of their parent/guardian
- City and county of residence
- Type of license
- Expiration date
- 24 character license number, if applicable
Law #5: Patients And Caregivers
Legal reference: 310:681-2-1. Application for patient license (a) The application for a patient license shall be on the Department issued form and shall include at a minimum: (1) The applicant’s first name, middle name, last name and suffix, if applicable; (2) The applicant’s valid mailing address; (3) The applicant’s date of birth; (4) The applicant’s telephone number and email address; (5) The signature of the applicant attesting the information provided by the applicant is true and correct; and (6) The date the application was signed. (b) An application must be submitted within thirty (30) days of signature or it will be rejected by the Department. (c) A complete application shall include the following documentation or the application will be rejected: (1) Documents establishing the applicant is an Oklahoma resident as established in OAC 310:681-1-6 (relating to proof of residency). (2) Documents establishing proof of identity as established in OAC 310:681-1-7 (relating to proof of identity). (3) A digital photograph as established in OAC 310:681-1-8 (relating to applicant photograph). (4) A certification and recommendation from an Oklahoma Physician dated within thirty (30) days of the date of submission of the application to the Department, (iv)
If applicable, the patient/applicant is homebound and unable to ambulate sufficiently to allow them to regularly leave their residence; and the physician believes the patient/applicant would benefit from having a caregiver with a caregiver’s license designated to manage the patient’s medical 14 marijuana on the patient’s behalf.
Oklahoma’s cannabis laws don’t specify qualifying medical conditions.
Instead, the law states that “the patient/applicant is recommended a medical marijuana license according to the accepted standards a reasonable and prudent physician would follow for recommending or approving any medication as described at OAC 310:681-1-9.1.”
Meaning all medical marijuana licenses must be signed by a physician. The physician’s address must be different than that of the marijuana business.
Applications must include:
- Mailing address
- Date of birth
- Telephone number
- Email address
- Signature of the applicant attesting the information is correct
- Date the application was signed
- Proof of Oklahoma residency
- Proof of identity
- Digital photograph
- Certification and recommendation from an Oklahoma physician dated within 30 days of submission
Patients must submit the application within 30 days after it was signed. A 60 day license is available for patients whose doctors recommend short-term use.
Law #6: Supporting Application Documentation
Legal reference: For a determination that a commercial applicant meets the requirements of 63 O.S. § 420A et seq., each application shall be accompanied by the following documentation: (1) A list of all persons and/or entities that have an ownership interest in the commercial applicant; (2) A certificate of good standing from the Oklahoma Secretary of State, if applicable; (3) An Affidavit of Lawful Presence for each owner; (4) If a licensed dispensary, proof that the location of the dispensary is a least one thousand (1,000) feet from a public or private school. The distance specified shall be measured in a straight line from any entrance of any public and private school to the nearest point of the location of the dispensary; and (5) Documents establishing the applicant, and the members, managers, and board members if applicable, and seventy-five percent (75%) of the commercial applicant’s ownership interests are Oklahoma residents as established in 63 O.S. § 420A et seq. and OAC 310:681-1-6 (relating to proof of residency); and (6) Any further documentation the Department determines is necessary to ensure the commercial applicant is qualified under 63 O.S. § 420A et seq. and this Chapter to obtain a commercial license.
In order to obtain a commercial cannabis license in Oklahoma, the following documentation must accompany your application:
- A list of all parties with ownership interest
- A certificate of good standing from the Oklahoma Secretary of State (if applicable)
- An Affidavit of Lawful Presence for each owner
- Proof that the location of the dispensary is a least one thousand (1,000) feet from a public or private school
- Proof that the dispensary owner(s), managers, and board members are Oklahoma residents
Oklahoma Cannabis laws FAQS
Q . Is marijuana in Oklahoma medical or recreational?
Oklahoma has only made medical marijuana legal. Adult use, or recreational use, of cannabis is against the law.
Q. How do they tax cannabis in Oklahoma?
In addition to the Oklahoma state and local taxes, the medical marijuana program adds a 7% excise tax to the price of weed.
Q. Who in Oklahoma can apply for a license to use medical marijuana?
Residents of Oklahoma over the age of 18 who have a doctor’s note can apply for a medical marijuana patient card. Non-residents and patients under 18 can also apply, but they must meet certain requirements.