Oklahoma

1. Overview of Cannabis and Hemp Laws

Cannabis:

• Recreational Use: Recreational cannabis remains illegal in Oklahoma, with possession treated as a criminal offense.
• Medical Use: Legalized in 2018 through State Question 788, allowing individuals with a state-issued license to possess cannabis for medical purposes (Oklahoma Statutes Title 63, Section 420A).

Hemp Intoxicants and Synthetic THC: Oklahoma is classified as Unregulated/Gray Market, allowing hemp products without specific regulation of intoxicating cannabinoids like delta-8 THC.

2. Historical Context

• 1930s: Cannabis prohibition follows national trends.
• 2018: State Question 788 establishes a medical cannabis program with minimal qualifying conditions.
• 2019: Hemp cultivation is legalized for research under the Industrial Hemp Agricultural Pilot Program.

3. Recreational Cannabis Laws

• Possession Limits: Unauthorized cannabis possession is a misdemeanor, with fines and possible jail time. Possession with intent to distribute is a felony.
• Cultivation: Unauthorized cultivation is prohibited. Licensed medical patients may cultivate up to six mature plants and six seedlings.
• Public Use: Public cannabis consumption is banned, restricted to private residences.
• Sale and Retail: Recreational cannabis sales are not permitted; only licensed medical dispensaries operate legally.

4. Medical Cannabis Laws

• Patient Eligibility: There are no specific qualifying conditions; a doctor’s recommendation is sufficient.
• Product Access: Licensed dispensaries offer a range of products, including oils, edibles, and flower.
• Program Details: Patients obtain a medical card through the Oklahoma Medical Marijuana Authority (OMMA), permitting them to purchase up to 3 ounces of cannabis, 1 ounce of concentrate, and 72 ounces of edibles.

5. Hemp-Derived Intoxicants

• Regulatory Status: Oklahoma’s Unregulated/Gray Market status means delta-8 THC and other hemp intoxicants lack targeted regulations.
• Testing and Labeling: There are no mandated testing or labeling standards for intoxicating hemp products.
• Age and Retail Restrictions: No state-imposed age restrictions apply, technically allowing sales to minors in the absence of specific regulations.

6. Criminal Penalties for Cannabis Offenses

• Possession: Personal possession without a medical card is a misdemeanor, punishable by a fine up to $1,000 or up to one year in jail for a first offense.
• Sale and Distribution: Unauthorized cannabis sale or distribution is a felony, with severe penalties, including high fines and prison terms.
• Trafficking and Cultivation: Large-scale trafficking and unauthorized cultivation are felonies, with escalating penalties based on the offense and plant quantity.

7. Social Equity Programs

• Eligibility Criteria: Oklahoma does not currently have social equity programs related to cannabis.
• Licensing Benefits: No licensing incentives, fee reductions, or priority application processes are available for social equity applicants.
• Additional Support: Oklahoma offers no state-sponsored funding, training, or additional resources for social equity within the cannabis industry.

8. Business Types and Operations

• Licensing Types: Oklahoma licenses medical cannabis businesses, including dispensaries, cultivators, processors, and transporters, provided they meet basic regulatory requirements.
• Regulatory Requirements: Medical cannabis businesses must comply with OMMA regulations, covering security, record-keeping, and operational standards. Oversight for intoxicating hemp products is minimal.