Is weed legal in Oklahoma?

With the ongoing fight for cannabis legalization in many US states, you may be wondering if weed is legal in Oklahoma. Learn about Oklahoma's cannabis laws, regulations, taxes, and more. 

Is medical marijuana legal in Oklahoma?

Yes, Oklahoma legalized medical marijuana in 2018 when voters approved Oklahoma State Question 788, or the Medical Marijuana Legalization Initiative. Patients can smoke medical cannabis in establishments that allow smoking tobacco products, and they can consume edibles anywhere. Possession of any amount of marijuana for non-medical use can lead to misdemeanor charges, punishable by up to 1 year of incarceration and a fine of up to $1,000​​​​.

Oklahoma Photo by: Weedmaps

The Oklahoma State Department of Health oversees the Oklahoma Medical Marijuana Authority (OMMA), which was established to administer the rules and regulations governing the state's medical cannabis program. OMMA is responsible for maintaining a registry of patients, caregivers, and physicians, as well as issuing licenses for growers, processors, testing labs, transporters, and dispensaries. 

Qualifying conditions

In Oklahoma, a doctor can recommend medical marijuana for any condition. Common conditions include anxiety, depression, chronic pain, PTSD, cancer, autism, glaucoma, seizures, and more. 

Patient qualifications

To qualify as a medical marijuana patient, you must be a state resident and receive a recommendation from a board-certified physician. 

medical cannabis Photo by: Gina Coleman/Weedmaps

There's no specific list of qualifying conditions, meaning doctors can recommend medical marijuana if they believe it could benefit your health. Upon obtaining a physician's recommendation, you can apply for a medical marijuana card through the Oklahoma Medical Marijuana Authority (OMMA).

Caregiver qualifications

Patients in the registry who require assistance obtaining or using medical cannabis may designate an authorized caregiver only if the physician's recommendation form attached to the patient's application includes certification of the patient's need for a caregiver.

Caregivers must submit the appropriate caregiver designation form depending on whether they will be assisting an adult or minor patient. Minor patients may designate up to two authorized caregivers who are parents or legal guardians. Caregivers are not allowed to consume medical marijuana unless they also have a patient license. 

Caregiver registry process

The caregiver registry process in Oklahoma involves applying to OMMA, where they will need to provide personal information, proof of Oklahoma residency, and identification documents. Additionally, the application must include a recommendation for a caregiver from the patient's doctor and the patient's full medical marijuana license number. There is no fee for the caregiver application. The process also requires the patient's signature on the Caregiver Designation form. Applications are submitted online through the OMMA website.

Is CBD legal in Oklahoma?

Yes, CBD is legal in Oklahoma. In 2015, the state legalized the sale of CBD oil with less than 0.3% THC under specified restrictions. 

Cannabis capsules and tinctures Photo by: Gina Coleman/Weedmaps

This law applies to CBD oil derived from industrial hemp, which is available over the counter without restrictions. This made CBD products widely accessible and used within the state for various purposes, including health and wellness.

Oklahoma marijuana laws

Before purchasing cannabis in Oklahoma, it's important to know the specifics of the state's medical marijuana laws.

Possession 

Only patients and their designated caregivers who are registered with OMMA can legally possess medical cannabis. 

Patients with a valid medical marijuana license may possess: 

  • Up to 3 ounces of marijuana on them
  • 6 mature plants 
  • 6 seedling plants 
  • 1 ounce of concentrated marijuana 
  • 72 ounces of edible marijuana
  • 8 ounces of marijuana in their residence 

Possession of cannabis for non-medical use is considered a misdemeanor.

Sale

In Oklahoma, selling marijuana without a license is illegal and subject to severe penalties. The sale or distribution of marijuana is punishable by two years to life in prison, along with fines ranging from $20,000 to $500,000, depending on the quantity involved. Only licensed dispensaries can legally sell cannabis in the state, and they must comply with regulations set by the Oklahoma Medical Marijuana Authority. Selling cannabis outside of this regulated system can lead to criminal charges.

Cultivation

Home grow cannabis Photo by: Gina Coleman/Weedmaps

Patients who elect to grow cannabis are limited to six mature plants and six seedlings. Patients may also designate a caregiver to grow cannabis plants on their behalf. Plants must not be visible from the street.

DUI 

In Oklahoma, driving under the influence (DUI) of marijuana is illegal. If a person is found driving with any amount of Schedule I substances, including marijuana, in their blood within two hours of arrest, they face DUI charges. This includes mandatory jail time of no less than 10 days and up to 1 year for a first offense. 

A second offense leads to harsher penalties and the requirement of an ignition interlock device, even if the individual does not consume alcohol.

Hash and concentrates

variety of concentrates in jars Photo by: Gina Coleman/Weedmaps
Glass jars are an excellent choice for storing live resin.

In Oklahoma, possessing, manufacturing, or distributing hashish and concentrates without a permit or above the legal one-ounce limit is illegal and subject to significant penalties. Licensed medical users can legally possess and use cannabis concentrates, including hashish, under the state's medical marijuana program. However, unauthorized production or distribution carries severe legal consequences.

Paraphernalia

For licensed medical marijuana patients and caregivers, the use and possession of paraphernalia for medical cannabis are legal within the scope of the state's medical program. For non-medical use, paraphernalia possession is subject to fines and potential legal consequences.

Lab testing

Testing cannabis Photo by: Gina Coleman/Weedmaps

Cannabis growers are required to use OMMA-licensed laboratories to test medical cannabis products for various factors to ensure safety and potency. They test for cannabinoid content, heavy metals, pesticides, microbials, mycotoxins, and residual solvents. Once products are tested, they must be accurately labeled with specific information, such as the product name, grower or processor's name and license number, batch number, date of harvest or processing, and cannabinoid profile. 

Is weed decriminalized in Oklahoma?

No, possession of any amount of marijuana without a medical license remains illegal and is subject to penalties. There was an attempt to legalize adult-use cannabis through Oklahoma State Question 820, but it was rejected by voters in a March 7, 2023 special election. Therefore, recreational cannabis remains illegal in the state. 

Does Oklahoma allow reciprocity for medical marijuana cards?

Yes, Oklahoma does offer out-of-state visitors temporary reciprocity. A medical marijuana temporary adult patient license grants the same rights as an adult license — to buy, possess, and use marijuana and to grow plants. 

For minor applicants, the online application requires a parent or legal guardian's information along with the minor's information, and the parent or guardian's name appears on the license card. There are no caregiver licenses offered for temporary patients. 

The application fee for temporary licenses is $100. Applications and payments are collected through OMMA's website. Temporary applicants are required to provide digital copies of their out-of-state medical marijuana license, proof of identity, and a clear, color digital photo. Temporary licenses are valid for 30 days but cannot exceed the expiration date of the out-of-state license. A temporary license can be renewed every 30 days for $100.

How much does weed cost in Oklahoma?

In Oklahoma, the average prices for cannabis vary by quality, with high-quality weed averaging at $341.50 per ounce, medium quality at $265.82 per ounce, and lower quality at slightly lower prices. 

Oklahoma weed taxes: How much does OK tax?

All Oklahoma medical marijuana purchases are subject to a 7% sales tax at the point of sale and a 4.5% statewide sales tax. Additional local municipal taxes may also apply, leading to a total tax rate of approximately 12% on medical marijuana products.

Where is it safe to purchase weed in Oklahoma?

Authorized patients and their designated caregivers may purchase medical cannabis from a state-licensed dispensary. If a patient's physician certifies that the patient is unable to make the transaction on their own, then the patient may designate one caregiver to purchase and transport medical cannabis on their behalf. Children younger than 18 can designate two caregivers who are parents or legal guardians.

purchasing weed at a dispensary Photo by: Gina Coleman/Weedmaps

There are currently no purchase limits, but patients and their designated caregivers are subject to possession limits for flower, plants, concentrates, and edibles. 

Delivery services are not currently authorized by the OSDH under Oklahoma marijuana laws. 

Bottom line

It is legal for medical marijuana patients with state-authorized licenses to purchase cannabis products in Oklahoma. Avoid smoking or otherwise consuming cannabis in public places, and be mindful of possession limits to avoid legal consequences. 

FAQ

How much weed can I buy in Oklahoma?

There are no limits on how much you can purchase in Oklahoma, but there are possession limits. 

Patients with a valid medical marijuana license may possess: 

  • Up to 3 ounces of marijuana on them
  • 6 mature plants 
  • 6 seedling plants 
  • 1 ounce of concentrated marijuana 
  • 72 ounces of edible marijuana
  • 8 ounces of marijuana in their residence 

Can you buy weed if you're visiting Oklahoma?

Yes, if you qualify for and maintain a medical marijuana temporary adult patient license. The license is valid for 30 days. 

Can you go to a dispensary without a medical marijuana card in Oklahoma?

Only medical marijuana cardholders or their designated caregivers can legally enter and purchase from dispensaries. 

Where is it safe to smoke weed in Oklahoma?

Cannabis consumption should take place in a private space. Operating any vehicle, including a bicycle, under the influence of cannabis is illegal. Consumption in a vehicle is prohibited at all times by either drivers or passengers.

Are there recreational dispensaries in Oklahoma?

No, recreational cannabis is illegal in Oklahoma; therefore, there are no recreational dispensaries.

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The information contained in this site is provided for informational purposes only, and should not be construed as medical or legal advice. This page was last updated on March 21, 2024.