State Question 788 was approved in Oklahoma in June of 2018 which made it legal for patients with a
state-issued medical marijuana license to purchase, possess, consume and cultivate marijuana
The State made further additions to the Cannabis Laws in March of 2019 when House Bill 2612 was
signed by Governor Kevin Stitt. HB2612 expanded upon SQ 788 by going in depth regarding testing,
labeling, business requirements, packaging and employee rights and protections. Since the
legalization of medical marijuana in Oklahoma, the industry has quickly expanded and continues to
Who can qualify for a marijuana license?
Oklahoma’s medical cannabis laws differ from other states in that they don’t designate a list of
specific conditions required to qualify for a license. Because there are no specific qualifying
conditions, the state has declared that all recommendations are subject to “the accepted standards a
reasonable and prudent physician would follow when recommending or approving any medication.” A
state-licensed physician is required to sign any and all patient applications.
The age requirements according to Oklahoma State law mandate that the applicant must be 18 years of
age or older. However, special exceptions will be granted to applicants under the age of 18 who have
approval and signatures from two state-licensed physicians, as well as a parent or legal guardian.
With an Oklahoma-issued medical marijuana license, patients are now able to have:
- Up to three ounces of marijuana on their person and eight ounces at their domicile
- 72 ounces of edible marijuana products
- One ounce of marijuana concentrates
- Six mature marijuana plants and six seedlings
The parameters described above are only valid if the person is carrying a valid license. Individuals
who are caught with up to 1/2 ounces of cannabis and can state a medical condition, but are not in
possession of a medical marijuana license, will be subject to a misdemeanor offense punishable by a
fine not to exceed $400.
Patients with valid, state-issued medical marijuana licenses are legally allowed to cultivate up to
six mature cannabis plants and up to six seedlings. All cannabis plants must be grown within a
patient’s primary residence. Licensed patients may also designate a caregiver to grow their cannabis
plants for them.
Medical Marijuana License Information
Once approved by the state a medical marijuana license is valid for two years. Patients must renew
their licensedLicenses must be renewed every year if patients wish to remain in legal compliance
with State laws. The medical marijuana license application fee costs $100 but a special rate of $20
is accepted for people on Medicaid, Medicare, or SoonerCare.
State-license patients and designated caregivers are legally allowed to purchase medical cannabis
products from any state-licensed medical cannabis dispensary in the state. There are currently no
purchasing limits for medical cannabis defined by the OSDH or the OMMA at this time. However, since
public possession limits are capped at three ounces, it is recommended that no patient purchase or
possess more than their legal limit at any one time.
The consumption of medical cannabis is only legal in private residences. Additionally, only
state-licensed patients or temporary patients are allowed to consume medical cannabis products.
Consuming cannabis in any public place, included designated tobacco-smoking areas, is strictly
Medical Marijuana Reciprocity
Under Oklahoma medical cannabis law, temporary license applications are available for any medical
marijuana license holder from other states that have a regulated medical marijuana program.
Out-of-state patients will need to provide identification and their medical marijuana license from
their state of residence if they wish to apply. Temporary medical marijuana licenses are valid for
30 days in Oklahoma and cost $100. Out-of-state patients may renew their temporary medical marijuana
license as many times as they’d like with the submission of a new application.
Caregiver licenses are legal in Oklahoma and are available for qualified caregivers of medical
marijuana patients who are homebound. A caregiver license grants the caregiver the same rights as a
medical marijuana patient, including the ability to possess, purchase and cultivate marijuana.
However, caregiver licenses do not grant the right to consume marijuana or marijuana products.
Caregivers may only consume medical cannabis products if they also have a medical marijuana license
To apply for a caregiver license, applicants must:
- Submit proof of a patient’s medical marijuana license and their homebound status
- Submit proof that the caregiver is the designee of the medical marijuana license holder
- Submit proof of age (18 years or older)
- Submit proof of Oklahoma residency
If an applicant meets all the above-mentioned criteria, the OSDH will award the individual with an
official caregiver license.
Driving Under the Influence
Driving under the influence of medical cannabis is strictly illegal in Oklahoma and is treated
similarly to an alcohol DUI. A good rule of thumb is to always be smart, safe and responsible when
consuming cannabis. Don’t smoke and drive first and foremost, and always give yourself enough time
to become sober before operating a vehicle after consuming cannabis.
State-licensed medical marijuana patients are legally allowed to transport cannabis within their
vehicles so long as it is kept closed and out of reach of the driver. It is strictly illegal to
consume cannabis while driving or to have an open container of medical marijuana products. When
transporting medical marijuana, a patient must have their medical marijuana license on their person.
Crossing State Lines
It is illegal to export medical marijuana outside of the state of Oklahoma or to cross state lines
when traveling with medical cannabis.
Cannabis delivery is not yet permitted in Oklahoma.