Medical Marijuana 101
Fifty-seven percent of Oklahoma voters approved State Question 788 on June 26, 2018, which legalized marijuana for any medical use on a doctor’s recommendation, joining 32 other states.
After the passage of State Question 788, officials thought about 80,000 patients or about 2% of the state’s populations would register for medical marijuana cards in the first year of the program. However, officials say that as of October 1, 2019, over 200,000 patients, approximately 5% of the state’s population, have applied for a license. Additionally, as of October 1, 2019, approximately 7,000 business licenses have been granted for the selling and dispensing of medical marijuana in the state.
With over 200,000 patients in the first year alone, the participation rate for Oklahoma’s citizens puts it near the top of the list of states that have some form of medical marijuana law in place. This higher-than-expected rate of participation has been attributed to comparatively low financial barriers and more relaxed restrictions for qualifying conditions.
What is a Medical Marijuana Patient License?
A medical marijuana license in the state of Oklahoma allows the holder of the license to legally buy, use, and grow medical marijuana and medical marijuana products in Oklahoma.
A person who has a valid state-issued medical marijuana license can legally possess up to three ounces of marijuana on their person, one ounce of concentrated marijuana, seventy-two ounces of edible marijuana, and eight ounces of marijuana in their residence. Additionally, persons can possess six mature marijuana plants and six seedling plants.
What Type of License Do I Need?
There are several different types of licenses available. There are long-term, short-term, temporary, and caregiver licenses.
Long-term and short-term licenses are the types of licenses that most individuals seek. The short-term license is available to those patients whose physician recommendation is only valid for 60 days.
Minor patient licenses allow individuals under the age of 18 to legally possess, use, and grow marijuana and medical marijuana products in Oklahoma. The application will ask for a parents/legal guardian’s information along with the minor’s information, as the name of the parent/guardian will appear on the license so they may buy the medical marijuana for the minor patient.
A temporary license is a license that allows a person with a valid medical marijuana license from another state to legally buy, use, and grow medical marijuana and marijuana products in Oklahoma.
A caregiver license is a license that allows the caregiver to assist a homebound patient with the purchase, application, and administration of medical marijuana.
How Do I Apply for a License?
Applications for the various types of licenses can be found online on the Oklahoma Medical Marijuana Authority (OMMA) website. Payment of the applications fees are collected through the OMMA website. The website requires a valid email address to begin the application.
What Information Do I Need to Provide to Obtain a License?
The information required will depend on the type of application one is seeking. The specific information for the type of license being sought can be found on the OMMA website.
Generally speaking, an applicant will be required to provide their full name, residence and mailing address, date of birth, telephone number, email address, physician information, and the applicant’s signature dated within 30 days of the application date.
Additionally, the applicant must provide proof of residency through by providing one of the following unexpired documents: Oklahoma driver’s license (front and back), Oklahoma identification card (front and back), Oklahoma voter identification card, a utility bill for the calendar month preceding the date of application (excluding cellular telephone and internet bills), a residential property deed to property in the State of Oklahoma, or a current rental agreement for residential property located in the State of Oklahoma.
The applicant must also provide proof of identity, which can be done by submitting one of the following unexpired documents: Oklahoma driver’s license (front and back), Oklahoma identification card (front and back), U.S. passport or other photo identification issued by the U.S government, or a Tribal identification card approved for identification purposes by the Oklahoma Department of Public Safety.
Applicants must also provide a clear, color, full-face digital photograph and a two-year or 60-day Adult Patient Physician Recommendation Form dated within 30 days of application submission.
How Long Does My License Last?
This answer depends on the type of license one has.
A long-term patient license is valid for two years from the date it is issued, while a short-term license is valid for 60 days from the date it is issued.
Temporary medical marijuana licenses are good for thirty days but cannot exceed the expiration date of an out-of-state license.
Minor patient licenses last for two years from the date issued for long-term licenses or 60 days from the date it was issued for short-term licenses, or until the patient turns 18, whichever date is earliest.
A caregiver license is valid up to the expiration date of the associated patient’s license. These types of licenses cannot exceed two years. Also, the patient can withdraw his/her caregiver at any time, which will invalidate the license. Furthermore, if the associated patient’s license is revoked, the caregiver license will be invalidated.
Keep in mind, however, that each of type of license can be revoked by the termination of the physician or the Oklahoma Medical Marijuana Authority.
How Much Does Getting a License Cost?
That answer depends on the circumstances of the individual applying for the medical marijuana license.
The application fee for a marijuana license, including those for minors, have a fee of $100. However, the application fee for individuals who are on Medicaid, Medicare, or SoonerCare is $20. Additionally, individuals who provide proof of their status as a 100% disabled veteran will also pay the reduced fee of $20.
There currently is no application fee for a caregiver license.
What Is Still Illegal Under State Question 788?
Medical marijuana users must keep in mind that there are still some things that remain illegal under the new laws:
Marijuana is still listed as a Schedule 1 controlled substance under federal law, so one may not be prescribed marijuana, only issued a recommendation.
Individuals who have been issued medical marijuana cards cannot use marijuana in the workplace or be impaired on the job. Employers are not allowed to discriminate against an employee because of their status but can still write and enforce rules restricting the use of marijuana by employees.
Under the new laws put in place, it is still illegal to transport marijuana across state lines.
Medical marijuana users cannot smoke their marijuana where tobacco is prohibited.
Medical marijuana users cannot give away or share the marijuana they are allowed under the law
Physicians cannot give a recommendation while in a dispensary.
Medical marijuana consumers are not allowed to try any of the products while inside a licensed medical marijuana business.
It is still illegal to drive while under the influence of marijuana.
If a private land or business owner issues rules preventing the use of marijuana on the premises, then you are not permitted to use marijuana, even with a valid patient card.