Yes. House Bill No. 2612 (HB No. 2612) requires cannabis growers and processors to examine all medical marijuana and medical marijuana products in a laboratory approved by the Oklahoma Medical Marijuana Authority (OMMA). The OMMA was created under the Oklahoma Department of Health (DOH), which shall handle issues related to the medical marijuana project in the state of Oklahoma. These issues cover but are not limited to, the issuance of medical marijuana business licenses and patient licenses, the dispensing, cultivating, processing, testing, transporting, storage, research, and the use of and sale of medical marijuana according to this act.
Growing cannabis outdoors must follow the state’s cultivation rules which require marijuana plants to be cultivated in an approved location by the OMMA. Therefore cultivation of medical marijuana plants outdoors for patients is not absolutely prohibited. Section 2-26 of HB No. 2612 defines “licensed premises” as those “premises specified in an application for a medical marijuana business license, medical marijuana research facility license or medical marijuana education facility license pursuant to this act that are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribute, sell, store, transport, test or research medical marijuana or medical marijuana products.”
Individual or entity applicants seeking licensure as a medical marijuana business must comply with the general requirements provided by the OMMA. Furthermore, the applicant must meet the following criteria provided in Section 14-E7 of HB No. 2612:
Yes. Title 63 on Public Health and Safety is provided under the Oklahoma Constitution and Oklahoma Statutes. Section 63-422 of the said title states the rules on the application and the criteria for obtaining a medical marijuana commercial grower license. A business with a medical marijuana processor license is allowed to process marijuana for medical uses in Oklahoma legally. These processors may take possession of marijuana plants and distill or process these plants into concentrates, edibles, and other forms for consumption.
A licensed processor may put on sale marijuana products it creates to a licensed dispensary or any other licensed processor. All transactions by a licensed processor shall be regarded as wholesale sales and shall not be subject to taxation.
Authorized processors shall not sell marijuana or any marijuana product directly to a licensed medical marijuana patient or caregiver. However, a licensed processor may process cannabis into a concentrated form for a licensed medical marijuana patient for a fee.
Processors will receive a hazardous or non-hazardous processor license based on the type of chemicals the processor will use in the extraction process as per OMMA rules.
Licensed processors must complete a monthly yield and sales report to the State Department of Health. This report shall contain the amount of marijuana and medical marijuana products bought in pounds, the amount of marijuana cooked or processed in pounds, and the quantity of waste in pounds. Further, this report shall show the total sum of wholesale sales in dollars. The State DOH is responsible for overseeing and auditing the processing of marijuana to ensure accountability.
The state of Oklahoma has prepared a list of licensed processors.
Yes. Once the OMMA has issued a medical marijuana dispensary license to a business, it can legally sell medical marijuana and medical marijuana products, which include seedlings and mature plants. Licensed dispensaries are allowed only to sell to other licensed dispensaries or patient license holders, caregiver license holders, research license holders, and the parent or legal guardian on a minor patient’s license.
The dispensary license is the only license type permitted to sell medical marijuana or medical marijuana products to licensed patients and caregivers.
Medical marijuana products also include concentrates, flowers, and edibles. Edibles refer to any medical marijuana-infused product for which the intended use is oral consumption, including, but not limited to, any food, drink, or pill.
The Oklahoma government has provided the list of licensed dispensaries in the state.
Yes. House Bill 3228 allows a licensed medical marijuana dispensary to deliver medical marijuana products to the private residence of a licensed medical marijuana patient, the parent or legal guardian of a licensed medical marijuana patient, or a licensed medical marijuana caregiver.
Medical marijuana dispensaries are permitted to deliver their products if the private residence is within a 10-mile radius of the dispensary. If no dispensary is located within a 10-mile radius of the private residence, a dispensary outside of the 10-mile radius may deliver to the private residence if the dispensary is located in the same county as the private residence.
To verify the qualification of the patient or caregiver to purchase and receive marijuana products, the dispensary may ask for the identification number assigned to the medical marijuana patient or caregiver license.
Medical marijuana patient license holders are legally allowed to purchase, use, and grow medical marijuana and medical marijuana products in Oklahoma. The license serves as an identification card to prove that an individual is a license holder. The card contains:
Residents may apply for five patient license types: adult, out-of-state, short-term, minor, and caregiver licenses. Each license type has different application requirements.
To be eligible applicants for Adult Patient Licenses (In-State), one must be Oklahoma residents age 18 and up, with proof of identity, proof of residency, a good photo, and a signed Physician Recommendation Form (Adult Patient) from an authorized physician.
The validity of licenses is only up to two years. The patient license application fee is $100, $20 for people with Medicaid (SoonerCare) or Medicare, or those with 100% disabled veteran status. These application fees are non-refundable.
The OMMA provides the step-by-step application requirements for the remaining patient licenses.
Oklahoma Medical Marijuana Authority
PO Box 262266
Oklahoma City, OK 73126-2266
The New York Times has regarded Oklahoma as a “marijuana boom state” where the state welcomes weed entrepreneurs with low start-up costs and relaxed rules. Oklahoma has already generated millions in revenue because of voter-approved medical marijuana. The OMMA monitors patient license revenue, commercial license revenue, and sales tax revenue.
From 2021 to 2022, medical marijuana individual use license revenue generated more than $26 million, which is around 24% more than the revenue from the year before it. On the other hand, medical marijuana commercial licenses produced nearly $46 million in revenue, a 25% increase from last year.
The medical marijuana excise tax revenue grew by 5% in February 2021-22 from January 2021-22, which brought about $109 million.
The State of Oklahoma legalized the medical use of cannabis in 2018. Along with this, the crime rates in the state reduced yearly after the enactment of the law. From 2017 to 2018, a year before the legalization of marijuana, crime rates for the sale, manufacturing, and possession of marijuana increased for juvenile and adult arrests.
However, a year after allowing the use of medical marijuana, the number of arrests decreased. Juvenile and adult arrests for the sale or manufacturing of marijuana decreased by 18%, while arrests for the possession of marijuana decreased by more than 23%.
This gradual decrease in marijuana-related offenses continued in the year 2020.
Juvenile Arrests | Adult Arrests | Total Arrests | ||||
---|---|---|---|---|---|---|
Sale/MFG of Marijuana | Possession of Marijuana | Sale/MFG of Marijuana | Possession of Marijuana | Sale/MFG of Marijuana | Possession of Marijuana | |
2017 | 49 | 1,030 | 818 | 8,757 | 867 | 9,787 |
2018 | 70 | 942 | 845 | 8,033 | 915 | 8,975 |
2019 | 64 | 828 | 687 | 6,062 | 751 | 6,890 |
2020 | 35 | 474 | 574 | 4,504 | 609 | 4,978 |