2019 Oklahoma Statutes
Title 63. Public Health and Safety
§63-420v2. 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 of marijuana on their person;

3. Legally possess six mature marijuana plants;

4. Legally possess six seedling plants;

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

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

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

B. Possession of up to one and one-half (1.5) ounces of 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 marijuana 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 its website, in an easy-to-find location, an application for a medical marijuana license. The license shall be good 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 website of the Department.

E. A short-term medical marijuana license application shall also be made available on the website of the State Department of Health. A short-term medical marijuana license shall be granted to any applicant who can meet the requirements for a two-year medical marijuana license, but whose physician recommendation for medical marijuana is only valid for sixty (60) days. Short-term medical marijuana licenses shall be issued for sixty (60) days. The fee for a short-term medical marijuana license and the procedure for extending or renewing the license shall be determined by the Department.

F. A temporary license application shall also be made available on the website of the Department. 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 he or she is 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.

G. Medical marijuana license applicants shall submit their applications 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.

H. The State Department of Health shall review the medical marijuana application, approve or reject the application, and mail the 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.

I. The State Department of Health shall only keep the following records for each approved medical marijuana 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 24-character identification number assigned to the license.

J. The State Department of Health shall make available, both on its website and through a telephone verification system, an easy method to validate the authenticity of the medical marijuana license by the unique 24-character identifier.

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

L. 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. An applicant for a caregiver license shall submit proof of the license status and homebound status of the medical marijuana patient and proof that the applicant is the designee of the medical marijuana patient. The applicant shall also submit proof that he or she is eighteen (18) years of age or older and proof of his or her Oklahoma residency. This shall be the only criteria for a caregiver license.

M. All applicants shall be eighteen (18) years of age 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 physicians and the parent or legal guardian of the applicant.

N. All applications for a medical license must be signed by an Oklahoma Board certified physician. There are no qualifying conditions. A medical marijuana license must 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.

O. 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 Section 1, State Question No. 788, Initiative Petition No. 412, adopted at election held June 26, 2018, eff. July 26, 2018. Amended by Laws 2019, c. 477, § 5.