Updated on January 29, 2021.
Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
Just because Oklahoma is the state with the second-highest number of marijuana dispensaries doesn’t mean everyone can buy. In fact, while the state of Oklahoma does have an inclusive qualifying condition list for medical marijuana, it’s not too broad. This means some patients will not qualify for the MMJ program.
By the way? Oregon has the highest number of cannabis retail dispensaries (16.5 per 100,000 residents). Oklahoma has 16.6 per 100,000 residents and Montana has 15.1 per 100,000. How does that compare to states with larger populations and legalized recreational cannabis? California only has 1.6 dispensaries per 100,000 residents.
For residents of Oklahoma who cannot become a registered patient with OMMA, there is CBD. The non-psychoactive and legalized supplement that can deliver most of the cannabinoid health benefits as marijuana. And you don’t need a medical card to get it. Or do you?
Is CBD Federally Legalized?
If you are living in Oklahoma, you may have been wondering if CBD is legal. Or if you can get into trouble for having CBD oil or gummies on you if you don’t have a medical card? Few people know that mailing CBD oil, for instance, can be a federal offense. Any products with THC content are federally prohibited.
Well, you can now travel through an airport with CBD oils (tinctures or vapes). And you may not be charged with possession of a controlled substance. But since transportation officials can’t always test CBD to verify 0.30% or less THC content, you could have it confiscated.
Are you confused yet? That is the gray area of CBD, and state by state, the laws can be complicated. Sometimes CBD oil is okay. Other times like on federal land, it could land you with a rare (but possible) charge of drug possession. For 0.30% THC, CBD rich oil.
The disconnection between state and federal laws regarding cannabis makes things even trickier. For instance, when the government nationally legalized hemp with the Farm Act, all hemp was legal. Right? But some states have approved CBD derived from hemp, but not cannabis flower (bud).
And that is the case in Oklahoma too. Not all CBD is legal. And you have to be careful and understand what you are buying to avoid committing a drug offense.
Oklahoma CBD Laws Depend on How the CBD Is Sourced
One of the problems with CBD products is that they are everywhere. You don’t have to go to a dispensary to purchase CBD oil. Every local gas station sells a few CBD products. How do you know which products have enough cannabidiol to provide wellness benefits? Labels can be misleading for consumers.
“FDA recognizes the potential opportunities that cannabis or cannabis-derived compounds may offer and acknowledges the significant interest in these possibilities. However, FDA is aware that some companies are marketing products containing cannabis and cannabis-derived compounds in ways that violate the Federal Food, Drug and Cosmetic Act (FD&C Act) and that may put the health and safety of consumers at risk.”
In Oklahoma, you can purchase CBD oil that is made from hemp. That is because the CBD levels in hemp can be high, but you won’t get high off hemp. You’d have to smoke, eat, or use a truckload of drops to get anywhere close to a buzz.
When CBD Is Extracted From Cannabis, You Need a Medical Card
But what is most important is to know how the cannabidiol was extracted. If your CBD product was made from cannabis, you must have a medical card to use it. The state of Oklahoma classifies cannabis-derived CBD as a controlled substance. It should be used only by patients who are registered with OMMA (Oklahoma Medical Marijuana Authority).
If you don’t have an Oklahoma medical card and law enforcement finds that you have cannabis-derived CBD, it’s a drug charge. Plain and simple. And that is something that many people living in Oklahoma do not realize.
In 2015, the Cayman’s Law was passed in Oklahoma. It allowed physicians to test the use of high concentrated CBD for therapeutic use. Specifically on minors who suffered from severe epilepsy. In this early test, the brand of CBD oils used for the trial was approved by the FDA. And the results from the clinical trial were positive.
Governor Fallin signed HB2835 in 2016, which allowed CBD therapies to be extended to all patients with qualifying conditions. Specifically, spasticity (paraplegia), multiple sclerosis (MS), wasting disease, and intractable nausea or appetite loss. The THC cap on therapeutic cannabidiol was set to 0.30% at that time.
Clinical trials suggest that CBD works better (entourage effect) with small levels of THC. This is why patients with a medical card in Oklahoma can get this higher-grade CBD for therapeutic use.
When CBD Products Are Manufactured from Hemp, You Do Not Need a Medical Card in Oklahoma
Global studies have suggested that cannabinoids can provide wellness benefits. For the past ten years, there has been a large increase in the number of CBD supplements available to consumers. They are everywhere, from your local gas station to smoke shops, and they do not require a medical card to purchase.
Buyer beware. Imported CBD products are not currently regulated. That means your local corner store could be selling CBD oil that is derived from cannabis. Illegally. There is such a high volume of counterfeit products for this reason. And Oklahoma residents could accidentally purchase CBD oil with more than the allowable legal limit of 0.30% THC. A product that could result in a drug charge.
While Oklahomans that don’t have a medical card cannot buy cannabis at a dispensary, they can buy CBD products. One of the best ways to make sure that you are getting a legalized product is to purchase it from a dispensary.
Some Oklahoma dispensaries cultivate their own hemp. And the process and manufacturing of CBD products. This includes smokable hemp flowers, CBD oil tinctures, CBD vapes, and edibles. Some dispensaries also sell CBD capsules that you can take as a daily nutritional supplement.
Several clinical studies also suggest that smokable hemp can help people quit smoking. While also delivering valuable cannabinoids that can have health benefits. You can even purchase CBD pre-rolls, which some people have used as a healthier alternative to cigarettes.
Where to Buy Legal CBD Products in Oklahoma
Always check the label. But also understand that sometimes labels can be inaccurate. It is possible for a CBD oil to have a higher than 0.30% THC level, and you may not even know it. And that could get you into trouble with the law.
Trust your local Oklahoma licensed dispensary for quality CBD products that are legally safe to use. Not only will you be protecting yourself by using legal CBD edibles, pre-rolls, oils, or vapes, but you’ll get a higher quality product.
Since dispensaries are subject to inspection and terms of licensing in Oklahoma, your CBD will not contain harmful solvents or heavy metals. Another serious concern with imported and unregulated CBD products. And one that consumers should be aware of.