Is CBD Oil Legal in Oklahoma?

What is CBD?

CBD, also known as Cannabidiol, is among the major components of cannabis (marijuana) and industrial hemp. CBD is found in higher volumes in industrial hemp plants than in cannabis plants. On the other hand, cannabis contains higher volumes of Tetrahydrocannabinol (THC), a psychoactive substance. THC is also found in industrial hemp plants but in trace amounts. Industrial hemp plants are different from cannabis plants even though both are species of Cannabis sativa. Industrial hemp has 0.3% THC per volume or less, while the cannabis plant has higher concentrations of THC. The high concentration of THC in cannabis plants accounts for its ability to cause a 'high' when consumed, while the concentration of THC in industrial hemp is too little that it can not cause a 'high.'

The Harvard Health Publishing reported that studies on animals and humans suggest that CBD has some health benefits. Some of the reported benefits are:

• Clinical management of anxiety
• Management of insomnia, a sleeping disorder where people have challenges with falling asleep or staying asleep
• Management of chronic pains: A study by the European Journal of Pain supports the claim that CBD helps reduce pains and inflammation caused by arthritis when applied on the skin of test rats. CBD is also reported in other studies to lower neuropathic pains and other inflammations considered difficult to treat.
• Control of tobacco and heroin addiction: CBD may help reduce the desire for tobacco and heroin among drug addicts. This report is from studies conducted among humans. Studies on animals suggest that CBD could help reduce cravings for opiates, alcohol, cannabis, and other stimulants.

Some common forms of CBD are:

• CBD oils
• CBD edibles: These include infused foods such as chocolates, beverages, baked items, and gummies.
• Topicals: These are different preparations of CBD that are applied on the skin, like balms, lotions, creams, and ointments.
• Pills
• Vaping liquid

Is CBD Oil Legal in Oklahoma?

CBD oil is legal in Oklahoma. HB 2913 (Oklahoma Agricultural Industrial Hemp Pilot Program), passed in 2018, legalizes the cultivation and sale of industrial hemp in the state. The law allows the possession, sale, and use of CBD oil derived from industrial hemp in Oklahoma. However, the possession of marijuana-derived CBD oil without a license in Oklahoma is not legal. Only licensed medical patients are allowed to purchase marijuana-derived CBD oil.

What are Oklahoma CBD Laws in 2022?

HB 2913, also known as the Oklahoma Agricultural Industrial Hemp Pilot Program (OAIHPP), passed in 2018, legalizes the cultivation and sales of industrial hemp in Oklahoma. The bill allows only universities and colleges offering plant science courses to apply for an annual license to grow industrial hemp for research. Applications are to be made to the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF). The bill does not allow independent producers to apply for a license directly. However, they may contract with a university or college offering plant science courses to obtain a license to grow hemp for research. Having obtained the license, the university or college may subcontract the labor, land, and expertise needed to cultivate the industrial hemp plants.

In April 2019, Senate Bill 868 (SB 868) was signed into law in Oklahoma. The bill decriminalized industrial hemp at the state level. It required ODAFF to adopt rules for the program that will establish standards and procedures compliant with the 2018 Farm bill in the state. The bill also granted authority to ODAFF to prepare necessary plans, reports, or other documents to be submitted to the United States Department of Agriculture (USDA) for the Oklahoma Industrial Hemp Program. In 2021, ODAFF developed the Oklahoma State Hemp Plan pursuant to 7 C.F.R 990.2 (Establishment of a Domestic Hemp Production Plan by the Federal Agricultural Marketing Service). This is regulated with the provisions of the Oklahoma Agricultural Code. The Oklahoma Industrial Hemp Program Act allows persons 18 years or older or business entities to participate in the program. An interested person or business entity is required to file an application with the Oklahoma Department of Agriculture, Food, and Forestry (ODAFF) for a license:

• Within a period not less than 30 days before the planned commencement of planting, cultivation, handling, or processing of industrial hemp plants;
• Not later than December 1 of every year. This is applicable in a situation where the licensee will need a subsequent license to harvest industrial hemp crops planted before December 31 but will be due for harvest after December 31.

They may download and complete a hemp grower application form online and submit it at:

Oklahoma Department Of Agriculture, Food and Forestry,

2800 North Lincoln Boulevard,

Oklahoma City, OK 73105-4972.

Phone: (405) 522-5974.

For each site that an applicant wants to use for the cultivation of industrial hemp, the applicant will be required to submit a separate application and pay the application and inspection fees for each of the cultivation sites. Section 35:30-24-15 of the Oklahoma Administrative Code states that anyone found growing industrial hemp in Oklahoma without a license will be mandated to destroy all the hemp plants. If the unlicensed grower fails to destroy the hemp plants as required, the Oklahoma Department of Agriculture shall:

• Destroy the industrial hemp plants cultivated
• Pursue legal action against the unlicensed grower
• Recover from the grower all the expenses incurred while destroying the hemp plants

What are Oklahoma CBD Possession Limits?

There are no limits to the quantity of industrial hemp-derived CBD that individuals in the state may possess. CBD oil can be sold legally over-the-counter in Oklahoma, but it must not contain more than 0.3% THC. Children below the age of 18 can only use CBD under their doctors' supervision.

Can Doctors Prescribe CBD Oil in Oklahoma?

There are no laws authorizing doctors to prescribe CBD oil in Oklahoma, but doctors may recommend CBD oil for licensed patients. House Bill 1559 of Oklahoma allows residents to purchase and use CBD oil without necessarily obtaining a doctor's prescription.

What are the Licensing Requirements for CBD in Oklahoma?

Persons who wish to cultivate, process, and handle industrial hemp-derived for CBD for production in Oklahoma are required to apply for a license. The License issuing agency for the Oklahoma State Industrial Hemp Program is the Oklahoma Department of Agriculture, Food and Forestry (ODAFF). The licensing requirements include that the applicant must submit the following documentation to ODAFF:

• The name and the address of the applicant
• A legal description of the land the applicant plans to use for the cultivation of industrial hemp. This description should include:
• The Global Positioning System (GPS) location of the land
• The map of the land area for the industrial hemp cultivation and processing.
• A statement indicating that the industrial hemp to be cultivated is to be used for the production of CBD

Applicants should note that by submitting an application license, ODAFF assumes that the applicant acknowledges and agrees to the following terms:

• That ODAFF may make the information supplied by the applicant available to law enforcement agencies if the need arises
• That the license applicant obliges full cooperation with any inspection and sampling of procedures that ODAFF may undertake in their facility
• That the license applicant shall submit all due reports to ODAFF at the applicable due dates
• That the applicant has all the legal authority to engage in the cultivation and processing of industrial hemp on the land described in the application
• That the applicant shall grant ODAFF access to the facility for inspection and sampling

ODAFF requires applicants to pay a non-refundable application fee at the time of application. This fee shall be set by the ODAFF based on the land size to be used for industrial hemp cultivation or processing. This fee may be waived if an application was rejected earlier and re-submitted at a later date. Licenses issued for the Oklahoma State Industrial Hemp Program are valid for one year. ODAFF requires all industrial hemp plants cultivated by a licensee to be planted under a valid license. Any cultivation batch or individual hemp plants that are not harvested or destroyed within the validity period of the cultivation license must be declared to ODAFF. This shall be included in the subsequent license.

A licensee who wishes to alter the size of the land area for which they obtained an industrial hemp cultivation or processing license is required to submit the legal description of the new land size to ODAFF. A licensee is required to report any changes to the information provided while applying for a license within 10 days of the change. Oklahoma State Industrial Hemp Program licensees are required to ensure they maintain all records of their operations for a minimum period of three years.

Oklahoma laws do not have specific labeling requirements for CBD products. However, general labeling requirements entail that manufacturers of CBD products indicate the following information on the product packaging:

• Ingredients list
• Net quantity and weight of contents
• Batch number
• Name and address of the business
• Whether the product is a synthetic product or a natural product

Where to Buy CBD in Oklahoma?

CBD oil and other CBD products can be bought from online retail stores in Oklahoma. They may also be bought over-the-counter at various vape stores, head shops, convenience stores, wellness centers, and CBD retailers. Only registered medical marijuana patients can buy marijuana-derived CBD in Oklahoma, and they can only buy this from licensed medical marijuana dispensaries in the state.