Although Oklahoma remains a fairly conservative state, they have a massive medical marijuana program. Currently, Oklahoma is not one of the states that have legalized or decriminalized marijuana for recreational use, meaning you can’t smoke freely there. Since they have the most dispensaries nationwide, they might be moving in the right direction, but for the time being, they are only open to people with medical cards.
Follow us on a journey below to learn how to get a medical card in the Sooner State.
Is Weed Legal in Oklahoma? Straight to the point.
- Recreational THC: No
- Medical THC: Yes
- CBD: Yes
- Delta-8: Yes
Medical Weed Laws
Oklahoma voters legalized medical cannabis, creating access for patients with debilitating health conditions. After that, the state became the quickest in the nation to fully implement an effective medical cannabis law on June 26, 2018 for residents 18 years old and up.
For Oklahoma residents to obtain a medical marijuana card they must provide identification, residency documentation, a passable photo, a completed Physician Recommendation Form, signed by a licensed physician, in order to obtain a medical marijuana adult patient license.
The marijuana laws in Oklahoma do not list the qualifying medical conditions. A caregiver designation form, identification, and a physician’s recommendation are also required if you are submitting an application on behalf of someone else. The place to submit your application is the Oklahoma Medical Marijuana Authority.
Oklahoma purchase limits for medical marijuana card holder are:
- 3 ounces marijuana flower
- 1 ounce marijuana concentrate
- 72 ounces of edibles
Oklahoma purchase limits are on a per transaction basis, they are not daily or monthly. The Oklahoma Medical Marijuana Authority (OMMA) governs the patient’s rights and responsibilities.
Recreational Weed Laws
Trends show that many states with medical marijuana programs usually move towards adult-use recreational legalization. However, recreational weed’s regulatory environment tends to be far more complex. Although many states maintain their medical programs to support patients, the same rules do not apply to the general public once recreational marijuana is legalized. Possession limits may vary, as well as the consequences for using marijuana outside of the state-mandated guidelines. See below for more information about the current legal status and recreational legalization efforts.
Is Weed Decriminalized in Oklahoma?
No, marijuana use is still illegal in Oklahoma. Unless you have a medical card, the state still views marijuana use and possession as a crime.
Cannabinoid Variants
While THC is the dominant cannabinoid found in marijuana, there are many cannabinoids found in hemp plants. These cannabinoids have gained massive popularity for their psychoactive effects and ease of access. You often don’t have to visit a dispensary or have a medical card to purchase them. Is this entirely legal? Let’s take a look.
Is CBD legal in Oklahoma?
The 2018 Farm Bill legalized industrial hemp production in the United States. This legislation opened up vast possibilities for CBD-rich hemp to enter the mainstream market, allowing consumers to purchase CBD in retail establishments and online. CBD is often found in supplements, topicals, edibles, portable vape pens, home goods, and beauty and body care products.
The Farm Bill legally protects CBD production, but it is not without stipulation. All commercially available CBD products must be derived from hemp and contain less than 0.3% Delta-9 THC. However, some states have elected to regulate CBD independently and may have further restrictions on its use and distribution. CBD is currently legal in Oklahoma.
Is Delta-8 legal in Oklahoma?
Cannabis plants contain trace amounts of the naturally occurring cannabinoid Delta-8. Chemists must extract it in a lab to gather enough to infuse into a product. To do this, producers first extract CBD, and then, using a unique isomerization procedure, isolate the Delta-8. So long as the finished product has a Delta-9 THC content of less than 0.3%, Delta-8 is acceptable for purchase, to possess, and to consume by Oklahoma medical card holders.
Is Delta-10 legal in Oklahoma?
The hemp plant contains trace amounts of the cannabinoid Delta-10. It’s often refined in a lab using hemp-derived CBD as a starting molecule. Delta-10 has a similar chemical composition to Delta-9 THC and does offer psychoactive effects. So long as a product contains less than 0.3% Delta-9 THC then it is legal in Oklahoma.
Are THC-O and other THC variants legal in Oklahoma?
In recent years, alternative hemp-derived cannabinoids have dominated the market as a more accessible way to get high. However, they have existed in a legal gray area until February 2023.
The Drug Enforcement Administration (DEA) has declared Delta-8-THC-O and Delta-9-THC-O illegal controlled substances. These compounds are not naturally occurring in either hemp or marijuana and are considered synthetic cannabinoids.
The 2018 Farm Bill legalized industrial hemp and its byproducts so long as they contain no more than 0.3% Delta-9-THC by volume. The market for cannabinoids has grown in the states since then as several alternative cannabinoids emerged, including synthetic THC isomers.
For the time being, this latest update does not affect alternative cannabinoids like THC-JD, THC-P, THCP-O, THC-H, and THC-B because they do exist naturally in trace amounts. Advocates feel that only the end of the federal prohibition on marijuana will successfully regulate synthetic or naturally occurring cannabinoids.
Are HHC and HHC-O legal in Oklahoma?
Compared to the cannabinoids mentioned above, HHC and HHC-O production is a little more challenging. First, hemp is used to extract CBD, which is then processed into an isolated powder. By using this method, hemp is stripped of all additional cannabinoids, terpenes, fats, waxes, and plant matter. The exact process that follows is proprietary, though some manufacturers merely assert that it involves a chemical reactor. HHC and HHC-O are legal in Oklahoma.
Cultivation Laws
A medical marijuana card holder in Oklahoma is permitted to grow and own both six mature plants and six young plants.
Currently, the state of Oklahoma only offers one type of grow permit—a medical marijuana grower permit. Oklahoma cannabis business owners can get a processor and/or dispensary license in addition to the grower license. Growers, processors, and dispensaries must pay a $2,500 application fee. Each facility AND each license type will incur this cost. Each renewal costs $2,500 and takes place annually.
The cultivation of marijuana in Oklahoma is a felony punishable by a fine up to $50,000 and imprisonment in the state penitentiary for a minimum of two years. A second or subsequent conviction is punishable by a term of imprisonment of four years and a $100,000 fine. If you are convicted of a second or subsequent offense, you will not be eligible for parole.
Where to Buy Weed in Oklahoma
Despite the lack of recreational weed, you can still access Oklahoma widely if you are a cardholder.
Dispensaries
Oklahoma has more than 2,000 dispensaries – the most in the nation. These dispensaries are only authorized to medical cannabis card holders.
Delivery
The state has not yet approved medical marijuana delivery.
Direct to Consumer
Direct to consumer refers to businesses selling to clients who have been served by a third party. Direct to consumer sales are not currently permitted in Oklahoma.
Black Market
Despite legalization efforts, the marijuana black market remains active. The illegal purchase of weed from a black market dealer comes with serious risks. Not only is it difficult to determine the potency and purity of the product, but the legal implications can be disastrous. In some cases, a mere slap on the wrist, but in others, buying weed illegally results in jail time or a prison sentence. For those that live in a state with a medical or recreational marijuana program, it’s best to obtain cannabis through legal channels.
General FAQ
Where can you smoke weed in Oklahoma?
Currently, if you have a medical marijuana card, you can only consume marijuana inside your home or in licensed dispensaries that permit it inside their structure similarly to the liquor laws.
Can you smoke weed in public in Oklahoma?
Consuming medical marijuana is legal at home if you have a valid medical card, but it is prohibited in public.
When was weed legalized in Oklahoma?
Oklahoma voters legalized medical marijuana on June 26, 2018, allowing patients with severe medical conditions access to it. After that, the state fully implemented an efficient medical cannabis law at the quickest rate in the country.
Punishment for Illegal Acts FAQ
What are the penalties for selling, gifting, transporting, or importing weed?
The minimum penalty for marijuana possession, sale, transportation, importation, or cultivation is: Any quantity (first offense) of possession is a misdemeanor punishable by a minimum of $1,000 in fines and one year in jail. Any quantity of possession (second offense) is a misdemeanor punishable by a minimum of two years in jail and a minimum fine of $2,500.
Any quantity of possession is a felony or misdemeanor punishable by a minimum of three years in prison and a fine of $5,000. If you cultivate or sell anything with a felony minimum starting bid, you face up to five years in prison and a $250,000 fine.
What is the penalty for selling to a minor?
If you sell marijuana to a minor the penalty is double the maximum time of incarceration and fine which is a minimum of a felony, four years incarceration, and a $500,000 fine.
What is possession with the intent to sell?
Possession with intent to sell is when you possess more marijuana than you can reasonably consume. It is assumed that the excess is intended to sell for profit. It is a crime to have an illegal substance including marijuana in your possession with the intent to distribute it. Even for a first offense, a person who is found guilty faces a mandatory minimum sentence of two years in prison and a potential life sentence.
When is possession still a crime?
Possession is a crime when you carry, hold, or store an illegal product in excess of legal limits.
