* Please note: Oklahoma is still pending legislative vote, however, the state has outlined several key factors for the medical marijuana program in Oklahoma but it has not been legally enacted as of this time.
Clinical trials of cannabis oil for people under the age of 18 with epilepsy were authorized by the state of Oklahoma in 2015. These trials led to an expansion of the program in 2016 to include all age groups and other severe conditions that do not respond well to other forms of treatment.
Further development of a medical marijuana program in Oklahoma is imminent with State Question 788 likely to appear on the ballot in 2018. The initiated state statute already garnered enough signatures and withstood a legal challenge. Now it will be up to the people of Oklahoma to approve the measure.
State Question 788 would create an office within the Department of Health to issue licenses for medical marijuana patients, commercial growers, processors and dispensaries. The state would prohibit municipalities from restricting the siting of dispensaries within their jurisdiction except within 1,000 feet of a school.
This proposed medical marijuana program in Oklahoma would not restrict marijuana therapy to patients with particular conditions. No qualifying conditions will be listed in the statute. Instead, a doctor’s signature would confirm that medical marijuana is a reasonable and prudent treatment option given a patient’s condition and medical history. Qualifying patients under the age of 18 would need two doctors’ signatures.
Further, House Bill 1877 would prohibit criminal and civil action against patients and caregivers who use or transfer medical marijuana.
Patients with a medical marijuana license could not be legally penalized by employers or schools, but the license would not cover marijuana possession in these locations.
A medical marijuana license in Oklahoma would allow a patient to possess up to three ounces of cannabis, up to one ounce of marijuana concentrate, six mature and six seedling cannabis plants, up to eight ounces of marijuana in their home and 72 ounces of marijuana edibles.
Dispensaries and growers would also have to be licensed under the new medical marijuana program, and they would be state inspected and regulated. Marijuana patients have the option of growing their own medicine or purchasing from a licensed dispensary.
On Jan. 17, 2013, a medical marijuana measure that was authored by Senator Constance Johnson, a Democrat out of District 48, was brought forth before Oklahoma’s acting legislature. The measure received its very first reading on Feb. 4, 2013, and was then later referred to Health and Human Services department only a day later. The bill entitled Senate Bill 902 was withdrawn from Health and Human Services committee and referred to Business and Commerce on Feb. 18, 2013. There have currently been no further actions made on this medical marijuana legislation because the Oklahoma State legislature is in recess until Feb of 2014. Under current Oklahoma law, proposed bills carry over to even years only.
SB-902 would have been responsible for the state of Oklahoma legalizing the possession, manufacture, sale, administration, delivery, dispensing and distribution of up to eight ounces of dried marijuana in connection with medical use thereof for certified patients. This medical marijuana measure would have permitted registered and state-sanctioned organizations to sell, administer, and deliver marijuana to certified patients or the caregiver of a certified patient for its identified medical use.
However, SB 902 is considered largely symbolic and would not legalize medical marijuana because the bill uses the terminology “prescribe” instead of “recommend.” Currently, federal law prohibits marijuana from being prescribed.
Patients who are looking to qualify for medical marijuana in the state of Oklahoma must be first a resident of the state who can readily provide proof of a valid Oklahoma identification card as a validation of residency.
Patients must be able to obtain a copy of their medical records or complete medical history, indicating they have been diagnosed with a qualifying condition that has been outlined by the state of Oklahoma. Learn how to request your medical records.
Patients must obtain a form of written documentation from a medical practitioner who is licensed in the state of Oklahoma, further solidifying that patients are qualified and will find medical relief in the use of cannabis. We request that you bring your medical records with you to your appointment.
You must apply for and receive a medical marijuana card from the state of Oklahoma.
The new medical marijuana program in Oklahoma would not specify which conditions could be treated with cannabis. It relies on the medical judgment of a licensed physician to certify that patients qualify for marijuana treatment.
The patient must have a seriously debilitating condition, which shall be specified in the patient’s health care record and can be easily reviewed by a cannabis-recommending physician.
The patient is under a licensed medical practitioner’s care for the previously determined serious condition; and in the practitioner’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from the primary or adjunctive treatment with medical use of cannabis for the serious condition.