These days the legality of marijuana varies from state to state. Medical marijuana (MMJ) is now legal in Oklahoma – but is recreational marijuana legal in Oklahoma? Currently, no – the use of recreational marijuana is still prohibited in the state. But there are constant changes to these laws, surrounding both recreational and MMJ use, so here’s a breakdown of everything you need to know.
Medical Marijuana Laws in Oklahoma
MMJ in Oklahoma was officially legalized back in August 2018. Since that time, more than 151,000 Oklahoma residents have applied for MMJ cards from the Oklahoma Medical Marijuana Authority (OMMA). This number means that about 3.5% of the state’s population now has MMJ licenses – with more MMJ patients per capita than any other state in the U.S. In order to get a valid MMJ card, you must have a qualifying condition that OMMA recognizes to demonstrate you have a need to use MMJ products. These common conditions can include (but are not limited to):
- Cancer (or a similar illness that can possibly be terminal)
- Epilepsy or other seizure disorders
- Crohn’s disease
- Multiple sclerosis
You also might experience symptoms from a variety of conditions that could be alleviated with the use of MMJ. These can include things like chronic pain, nausea, muscle spasms, or inflammation. In order to see if your condition qualifies, you should check with your physician or connect with OMMA before submitting your application for an MMJ card.
MMJ laws in Oklahoma cover what a person with an MMJ card is able to legally do. After you’ve been issued an MMJ card, you are permitted to have:
- Up to 8 ounces of marijuana in your residence
- Up to 3 ounces of marijuana with you outside of your home
- Up to 1 ounce of concentrated marijuana
- Up to 72 ounces of edible marijuana (also known as edibles)
- Up to 6 mature plants
- Up to 6 seedling plants.
These laws, therefore, permit you to ingest marijuana products, as well as to grow and cultivate your own plants. However, it is important to note that MMJ cardholders are not allowed to purchase products from any other kind of dealer or another MMJ licensee. MMJ users are only legally allowed to purchase from state-licensed dispensaries.
Recreational Marijuana in Oklahoma
If you’re wondering, “Is marijuana legal in Oklahoma?” the answer is no in terms of recreational use. Both the possession and sale of marijuana is illegal in Oklahoma at this time. Under the Oklahoma Statutes Title 63 §2-101: Uniform Controlled Dangerous Substances Act, possession of marijuana without an MMJ card comes with a misdemeanor charge of up to one year in prison or a fine of $1,000. Subsequent offenses count as a felony with a penalty of 2–10 years in prison with fines up to $25,000. If you’re caught with marijuana within 1,000 feet of a school or in the presence of a child under the age of 12, you could face double penalties (or triple penalties for subsequent offenses).
For selling recreational marijuana, the charge is a felony with a prison sentence between 2–10 years and/or a fine of up to $5,000. Subsequent offenses result in double penalties. There’s a much more serious charge if you’re involved with trafficking marijuana. If you’re caught trafficking between 25 and 1,000 pounds of marijuana, the fine could be between $25,000 and $100,000. Dealing with over 1,000 pounds of marijuana results in a fine between $100,000 and $500,000. Other factors are taken into consideration when you’re charged with one of these crimes, including the amount and location of the sale and whether you already have a criminal history. For serious offenders, the maximum sentence could be life in prison for the selling and distribution of marijuana. There are also driving under the influence (DUI) charges to watch out for that can result if you’re operating a vehicle impaired after using marijuana (whether it’s MMJ or recreational).
Oklahoma and MMJ now go hand-in-hand with the increasing popularity of owning an MMJ card. To make sure you’re completely covered, apply for your MMJ card today. You can head to the omma.ok.gov website, where you can get started on your application. There is a $100 application fee (or a discounted fee of $20 if you use Medicaid [SoonerCare] or Medicare). Fill out the application with your personal info (date of birth, address, etc.), and have your medical professional fill out the Adult Patient Physician Recommendation Form. If you don’t have a doctor you trust, MMJRecs can help connect you to one virtually – so you never have to leave your house to get your medical certification. You’ll also need to show proof of Oklahoma residency (like with a copy of your driver’s license, ID card, utility bill, etc.) and proof of identity (which can also be your driver’s license or ID card or from your U.S. passport). Your application is complete once you’ve submitted a clear, color, full-face digital photograph of yourself. OMMA will then review your application. If you’ve met all of their requirements, you’ll receive your MMJ card in the mail within 14 days. Your MMJ card will then be valid for the next two years; once it expires, you’ll need to renew your license by submitting a new application (and another fee) at that time.
Although recreational marijuana is not legal in Oklahoma, if you have a qualifying condition, you should look into obtaining an MMJ card. That way you can legally grow and possess marijuana products without breaking any laws!