Updated on May 6, 2020. Medical content reviewed by Dr. Joseph Rosado, MD, M.B.A, Chief Medical Officer
Oklahoma is one of the more liberal states for access to medical marijuana. One in 13 adult Oklahomans has a patient card. With no qualifying medical conditions required, many patients find it easy to get approval, with many consultations happening via telemedicine.
Other states with medical marijuana typically require qualifying conditions. Oklahoma leaves the decision solely to the doctor. The rules require they follow “accepted standards a reasonable and prudent physician would follow when recommending any medication to a patient.” The doctor recommendation form contains a section for doctors to list medical conditions and diagnostic codes, but it’s optional.
Oklahoma voters approved of State Question 788 on June 26, 2018, which became effective on July 26, 2018. Governor Mary Fallin approved revised emergency rules for medical cannabis on August 6, 2018.
SQ 788 made it legal for any board-certified Oklahoma doctor to recommend a medical marijuana card for their patients. They must follow the same standards a reasonable doctor would follow to prescribe any other form of medication. However, the state does not impose a list of qualifying conditions and leaves the decision up to the doctor’s discretion.
A patient with a state-issued medical marijuana license cannot get arrested for possessing marijuana under the legal limit or consuming it in private. SQ 788 establishes the following possession limits for registered patients:
If you can state a medical condition, you can receive more lenient punishment for owning up to one and a half ounces of marijuana. Instead of a maximum fine of $1000, you only have to pay a maximum fine of $400. This offense will count as a misdemeanor, not a felony.
Under SQ 788 and the emergency medical marijuana rules, patients who hold a medical marijuana card have the right to:
However, your patient card does not give you the right to:
If you feel a person or organization violates your rights as a patient, contact a marijuana-positive lawyer near you.
Even official patients can be subject to certain penalties when they break cannabis-related laws, and Oklahoma does not allow recreational cannabis. So, anyone without a card can receive charges for marijuana-related offenses. Read more about marijuana-related penalties in Oklahoma and how to follow the law as a patient.
Offense |
Penalty |
Incarceration |
Max. Fine |
Possession |
|||
Any amount (First Offense) |
Not Classified |
1 year |
$0 |
Any amount (Subsequent Offense) |
Felony |
2 – 10 years |
$0 |
Sale or Distribution |
|||
Less than 25 lbs. |
Felony |
2 years – life |
$20,000 |
25 – 1000 lbs. |
Felony |
4 years – life |
$100,000 |
1000 lbs. or more |
Felony |
4 years – life |
$500,000 |
To a minor carries a double period of incarceration and fine. | |||
Within 2000 feet of schools, public parks, or public housing carries a double period of incarceration and fine, and a mandatory minimum sentence. | |||
Hash & Concentrates |
|||
Possession misdemeanor |
N/A |
1 year |
$1,000 |
Distributing, dispensing, transporting or possession with intent. |
Felony |
2 years – life |
$20,000 |
Converting marijuana into hashish or concentrates. |
Felony |
2 years – life |
$50,000 |
Paraphernalia |
|||
Possession of paraphernalia (First Offense) |
Misdemeanor |
1 year |
$1,100 |
Possession of paraphernalia (Second Offense) |
Misdemeanor |
1 year |
$5,100 |
Possession of paraphernalia (third offense) |
Misdemeanor |
1 year |
$10,100 |
Miscellaneous |
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Any conviction will lead to a driver’s license suspension from 6 months – 3 years. |
Finally, a helpful & informative website! MarijuanaDoctors.com answered all of my medical marijuana questions and helped me schedule an appointment with an accredited doctor in my area.~Susan - Denver, CO