2021 Oklahoma Statutes
Title 63. Public Health and Safety
§63-420v3. Medical marijuana patient license - Permissions – Application – Caregiver license.

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

1. Consume marijuana legally;

2. Legally possess up to three (3) ounces or eighty-four and nine-tenths (84.9) grams of marijuana on their person;

3. Legally possess six mature marijuana plants and the harvested marijuana therefrom;

4. Legally possess six seedling plants;

5. Legally possess one (1) ounce or twenty-eight and three-tenths (28.3) grams of concentrated marijuana;

6. Legally possess seventy-two (72) ounces or two thousand thirty-seven and six-tenths (2,037.6) grams of edible marijuana;

7. Legally possess up to eight (8) ounces or two hundred twenty-six and four-tenths (226.4) grams of marijuana in their residence; and

8. Legally possess seventy-two (72) ounces of topical marijuana.

B. Possession of up to one and one-half (1.5) ounces or forty-two and forty-five one-hundredths (42.45) grams of marijuana by persons who can state a medical condition, but are not in possession of a state-issued medical marijuana patient license, shall constitute a misdemeanor offense not subject to imprisonment but punishable by a fine not to exceed Four Hundred Dollars ($400.00). Any law enforcement officer who comes in contact with a person in violation of this subsection and who is satisfied as to the identity of the person, as well as any other pertinent information the law enforcement officer deems necessary, shall issue to the person a written citation containing a notice to answer the charge against the person in the appropriate court. Upon receiving the written promise of the alleged violator to answer as specified in the citation, the law enforcement officer shall release the person upon personal recognizance unless there has been a violation of another provision of law.

C. A regulatory office shall be established under the State Department of Health which shall receive applications for medical marijuana patient and caregiver license recipients, dispensaries, growers and processors 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 patient license. The license shall be valid for two (2) years. The biannual 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. Reprints of the medical marijuana patient license shall be Twenty Dollars ($20.00).

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

F. A temporary medical marijuana patient license application shall also be available on the website of the State Department of Health for residents of other states. Temporary medical marijuana patient licenses shall be granted to medical marijuana license holders from other states, provided that such states have state-regulated medical marijuana programs and applicants can prove they are members of such programs. Temporary medical marijuana patient licenses shall be issued for thirty (30) days. The cost for a temporary medical marijuana patient license shall be One Hundred Dollars ($100.00). Renewal shall be granted with resubmission of a new application. No additional criteria shall be required. Reprints of the temporary medical marijuana patient license shall be Twenty Dollars ($20.00).

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

I. 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 patient license by the unique 24-character identification number.

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

K. A caregiver license shall be made available for qualified caregivers of a medical marijuana patient license holder who is homebound. As provided in Section 427.11 of this title, the caregiver license shall provide the caregiver the same rights as the medical marijuana patient licensee including the ability to possess marijuana, marijuana products and mature and immature plants pursuant to the Oklahoma Medical Marijuana and Patient Protection Act, but excluding the ability to use marijuana or marijuana products unless the caregiver has a medical marijuana patient license. Applicants 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.

L. All applicants for a medical marijuana patient license 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.

M. All applications for a medical marijuana patient 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 patient 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 patient license application.

N. Counties and cities may enact medical marijuana guidelines allowing medical marijuana patient license holders or caregiver license holders 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; Laws 2020, c. 161, § 44, emerg. eff. May 21, 2020; Laws 2021, c. 553, § 1, eff. Nov. 1, 2021.

NOTE: Laws 2019, c. 509, § 2 repealed by Laws 2020, c. 161, § 45, emerg. eff. May 21, 2020.