6 Oklahoma Cannabis Laws You Must Know

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Oklahoma cannabis laws have changed quite a bit since voters approved Oklahoma State Question 788 back in 2018, legalizing medical-use cannabis in the state.

As of May 2020, 2,328 dispensary licenses have been issued and patients and caregivers make up 7.2% of the population. With this number expected to keep growing, it’s important to understand the intricacies of Oklahoma marijuana laws.

Find the full list of Oklahoma medical marijuana regulations here.

In this post, we’ll boil those regulations down to the basics of what you need to know to run a compliant dispensary.

Oklahoma Cannabis Laws At a Glance

  • Oklahoma has legalized medical marijuana only. Recreational use of cannabis is not legal.

  • Oklahoma residents over the age of 18 with a physician’s recommendation can apply for a medical marijuana patient license.

  • Oklahoma cannabis businesses have three license types: Grower, Processor, and Dispensary. License holders must be 25 years old, an Oklahoma resident, and have a certificate of good standing from the state. Application fee is $2,500. Apply here.

  • 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 to have up to 3 ounces of marijuana on their person and up to 8 ounces in their residence.

  • Starting in 2021, Oklahoma dispensaries use Metrc as their state track-and-trace system.

Law #1: Purchase limits

Law: 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.

Explained: Patients can buy any combination of seedlings, mature plants, flower, concentrates, or edibles, not to exceed these limits per transaction.

  • 3 ounces marijuana flower

  • 1 ounce marijuana concentrate

  • 72 ounces of edibles

  • 6 mature plants

  • 6 seedling plants

Note: Oklahoma limits are on a PER TRANSACTION basis, not daily or monthly.

The above limitations apply to possession of marijuana as well. Currently, Oklahoma state law doesn’t permit delivery of medical marijuana products.

Oklahoma dispensaries can only sell cannabis to patients with valid medical marijuana card or license (or their caregiver). 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 labels

Law: 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.

Explained: The first part of this Oklahoma law says your packaging and labels cannot contain the OSDH or OMMA logo. This is one to watch out for, as compliance inspectors note instances where this law was broken.

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.

The next subsection states that labels for non-edible products should look like the labels for edible marijuana products and include the name, license number, batch number, quantity, and ingredients. This is for patient safety, to easily identify their THC and CBD products in case of a recall.

Law #3: Taxes

Law: 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.

Explained: Here's the basics:

  • Tax on retail medical marijuana sales by a dispensary is 7%.
    • Disabled veterans are not exempt.

    • Customers pay the tax.

  • Dispensaries must get and keep the 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).

  • Reports must include:
    • Dispensary name

    • Address

    • 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

Law: 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.

Explained: Here’s what you 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.

  • Using extraction equipment that utilizes butane, propane, carbon dioxide, or other potentially hazardous chemicals on residential property.

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

Law: 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;

Explained:
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.”

With that being said, 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:

  • Name

  • 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.

Applicants must be at least 18 years old. Those under 18 can still get a license if they acquire approval and signatures from 2 state-licensed physicians and their parent/guardian. Underage applicants must also submit their parent/guardian’s contact information and proof of guardianship. They’re prohibited from smoking or vaping marijuana products, but can use a nebulizer.

Caregiver licenses are available for qualified caregivers of homebound medical marijuana patients in Oklahoma. With a caregiver license, you can possess, purchase, and cultivate marijuana. The license does not grant the caregiver the right to consume marijuana, however. Caregivers must have their own medical marijuana license to consume medical cannabis products.

Here’s how you apply for a caregiver license in Oklahoma:

  • Submit proof of patient’s medical marijuana license and homebound state.

  • Submit proof that you’re the designee of the medical marijuana license holder.

  • Submit proof that you’re over 18 years of age and an Oklahoma resident.

Law #6: Dispensary location

Law: If a licensed dispensary, proof that the location of the dispensary is at 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;

Explained: Dispensaries in Oklahoma have to be at least 1,000 feet from schools, public or private.

Measure a straight line from the entrance of any school to the edge of the dispensary location to check if you meet this qualification.

Oklahoma cannabis laws FAQs

Is marijuana in Oklahoma medical or recreational?

Oklahoma has legalized medical marijuana only. Recreational, or adult-use, of cannabis is not legal.

Who can apply for a medical marijuana patient license in Oklahoma?

Oklahoma residents over the age of 18 with a physician’s recommendation can apply for a medical marijuana patient license and there are exceptions for non-residents and patients under 18.

How can I get an Oklahoma cannabis business license?

Oklahoma cannabis business licenses come in three types: Grower, Processor, and Retail (or medical marijuana dispensary). To get a license, you must be 25 years old, an Oklahoma resident, and have a certificate of good standing from the state. If you meet these requirements, you can submit an application with a $2,500 fee.

What is the tax on cannabis in Oklahoma?

The medical marijuana program imposes a 7% excise tax on cannabis sales in addition to Oklahoma state and local tax.

Who approves medical marijuana licenses in Oklahoma?

The regulatory body for Oklahoma’s medical marijuana industry is the Oklahoma Medical Marijuana Authority (OMMA). They’re responsible for reviewing, approving, and monitoring licenses.

What are the possession limits for marijuana in Oklahoma?

Patients in Oklahoma can have up to 3 ounces of marijuana on their person and 8 ounces in their residence.

What track-and-trace system does Oklahoma use?

Starting in 2021, Oklahoma dispensaries use Metrc as their state track-and-trace system. Learn more about getting started with Metrc in Oklahoma.

Disclaimer: This post is for informational purposes only and is not a substitute for legal advice.

Taylor

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