2019 Oklahoma Statutes
Title 63. Public Health and Safety
§63-420v1. Medical marijuana license – Application – Fee – Temporary license – Caregiver license.

A. A person in possession of a state issued medical marijuana license shall be able to:

1. Consume marijuana legally;

2. Legally possess up to three (3) ounces (84.9 grams) of marijuana on their person;

3. Legally possess six (6) mature marijuana plants;

4. Legally possess six (6) seedling plants;

5. Legally possess one (1) ounce (28.3 grams) of concentrated marijuana;

6. Legally possess seventy-two (72) ounces (2037.6 grams) of edible marijuana; and

7. Legally possess up to eight (8) ounces (226.4 grams) of marijuana in their residence.

B. Possession of up to one and one-half (1.5) ounces of (42.45 grams) marijuana by persons who can state a medical condition, but are not in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with a fine not to exceed Four Hundred Dollars ($400.00).

C. A regulatory office shall be established under the State Department of Health which shall receive applications for medical license recipients, dispensaries, growers and packagers within sixty (60) days of the passage of this initiative.

D. The State Department of Health shall, within thirty (30) days of passage of this initiative, make available on the Department's website, in an easy to find location, an application for a medical marijuana license. The license shall be valid for two (2) years, and the application fee shall be One Hundred Dollars ($100.00), or Twenty Dollars ($20.00) for individuals on Medicaid, Medicare or SoonerCare. The methods of payment shall be provided on the Department's website.

E. A temporary license application shall also be made available on the State Department of Health website. A temporary medical marijuana license shall be granted to any medical marijuana license holder from other states, provided that the state has a state regulated medical marijuana program, and the applicant can prove they are a member of such program. Temporary licenses shall be issued for thirty (30) days. The cost for a temporary license shall be One Hundred Dollars ($100.00). Renewal shall be granted with resubmission of a new application. No additional criteria shall be required.

F. Medical marijuana license applicants shall submit their application to the State Department of Health for approval. The applicant shall be an Oklahoma state resident and shall prove residency by a valid driver license, utility bills, or other accepted methods.

G. The State Department of Health shall review the medical marijuana application, approve or reject the application, and mail the applicant's approval or rejection letter, stating any reasons for rejection, to the applicant within fourteen (14) business days of receipt of the application. Approved applicants shall be issued a medical marijuana license which shall act as proof of their approved status. Applications may only be rejected based on the applicant not meeting stated criteria or improper completion of the application.

H. The State Department of Health shall only keep the following records for each approved medical license:

1. A digital photograph of the license holder;

2. The expiration date of the license;

3. The county where the card was issued; and

4. A unique twenty-four-character identification number assigned to the license.

I. The State Department of Health shall make available, both on the Department's website and through a telephone verification system, an easy method to validate a medical marijuana license holder's authenticity by the unique twenty-four-character identifier.

J. The State Department of Health shall ensure that all application records and information are sealed to protect the privacy of medical marijuana license applicants.

K. A caregiver license shall be made available for qualified caregivers of a medical marijuana license holder who is homebound. The caregiver license shall give the caregiver the same rights as the medical marijuana license holder. Applicants for a caregiver license shall submit proof of the medical marijuana license holder's license status and homebound status, proof which they are the designee of the medical marijuana license holder, proof that the caregiver is age eighteen (18) or older, and proof the caregiver is an Oklahoma resident. This shall be the only criteria for a caregiver license.

L. All applicants shall be eighteen (18) years or older. A special exception shall be granted to an applicant under the age of eighteen (18), however these applications shall be signed by two (2) physicians and the applicant's parent or legal guardian.

M. All applications for a medical marijuana license shall be signed by an Oklahoma physician licensed by and in good standing with the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners. There are no qualifying conditions. A medical marijuana license shall be recommended according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication. No physician may be unduly stigmatized or harassed for signing a medical marijuana license application.

N. Counties and cities may enact medical marijuana guidelines allowing medical marijuana license holders or caregivers to exceed the state limits set forth in subsection A of this section.

Added by § 1 of State Question No. 788, Initiative Petition No. 412, adopted at election held June 26, 2018, eff. July 26, 2018. Amended by Laws 2019, c. 158, § 1, eff. Nov. 1, 2019; Laws 2019, c. 312, § 2, emerg. eff. May 7, 2019.