Yes, medical marijuana cultivation is legal in Tulsa County and the rest of Oklahoma state under the Oklahoma Medical Marijuana and Patient Protection Act, also known as State Question (SQ) 788. To legally cultivate medical cannabis, an individual must apply online to the Oklahoma Medical Marijuana Authority (OMMA) for a medical marijuana patient license or a medical marijuana caregiver license. A business must apply online to the OMMA for a medical marijuana grower license.
However, HB 3208 now imposes a moratorium on new medical marijuana grower licenses from August 26, 2022, to August 1, 2024. According to the OMMA, current holders of the medical marijuana grower license can continue to cultivate medical marijuana. They can renew their yearly licenses 60 days before expiration. As long as their renewal application has been submitted, their licenses will remain active.
Medical marijuana growers must be aged 25 or older and residents of Oklahoma. Applicants must undergo a background check. Those who have a felony conviction within the previous five years or a nonviolent felony conviction within the previous two years are disqualified.
When applying for a license or a renewal, growers are required to submit a compliance letter from their county certifying that the county has no regulations, rules, or codes that would affect the grower’s business.
The property line of the location where medical marijuana is cultivated must be 1,000 feet or more away from the property line of a private or public school. Growers must submit a separate application for every additional location. According to an OMMA update, effective November 1, 2022, pursuant to SB 1737, outdoor growers are required to register their produce as sensitive crops. Also, growers must put up a sign at their property’s perimeter indicating the licensed business name, address, phone number, and medical marijuana business license number.
Based on current OMMA rules, every harvest must not exceed 15 lbs. If a batch is intended exclusively for concentrate, though, the harvest size can reach 50 lbs.
Yes, medical marijuana manufacturing or processing is legal in Tulsa County and the rest of Oklahoma state. To do so, a business must apply online to the OMMA for a medical marijuana processor license. Depending on the chemicals they will apply in processing extractions, processors will be granted a hazardous processor license or a non-hazardous processor license. Licensed medical marijuana processors must submit a separate application for every additional processing location.
However, HB 3208 also imposes a moratorium on new medical marijuana processor licenses from August 26, 2022, to August 1, 2024. Current holders of the medical marijuana processor license can continue to process medical marijuana and can renew their annual licenses 60 days before expiration. Their licenses will remain active as long as their renewal application has been submitted.
Medical marijuana processors must be residents of Oklahoma aged 25 or older. Applicants are subject to a background check. A felony conviction within the previous five years or a nonviolent felony conviction within the previous two years are grounds for disqualification.
Medical marijuana processors must comply with the labeling and packaging guidelines of the OMMA.
Yes, medical marijuana retail is legal in Tulsa County and the rest of Oklahoma state. To sell medical marijuana legally, a business must apply online to the OMMA for a medical marijuana dispensary license. However, new medical marijuana dispensary licenses are covered in the moratorium imposed by HB 3208 from August 26, 2022, to August 1, 2024.
Current medical marijuana dispensary license holders can still sell medical marijuana and can renew their annual licenses 60 days before expiration. Their licenses shall remain active provided their renewal application has been submitted.
A medical marijuana dispensary license holder can sell medical marijuana, including seedlings, mature plants, and flowers, and medical marijuana products. The medical marijuana products allowed must have undergone testing based on OMMA guidelines and include pre-rolls, wax, shatter, tinctures, vapes, topicals and edibles like brownies, cookies, gummies, candies, and beverages.
Licensed dispensaries are allowed to sell medical marijuana and medical marijuana products to licensed patients and their parent, legal guardian, or licensed caregiver as indicated on their license. Other licensed dispensaries and research license holders can also purchase from licensed dispensaries.
The perimeter wall of a licensed dispensary must be 1,000 feet or more away from any private or public school’s property line. Licensed medical marijuana dispensaries must submit a separate application for every additional processing location.
Applicants for a medical marijuana dispensary license must be Oklahoma residents aged 25 or older. They are required to submit to a background check. Those who have either a nonviolent felony conviction within the previous two years or another type of felony conviction within the previous five years are not qualified.
No, medical marijuana delivery is currently not legal in Tulsa County and the rest of Oklahoma state.
HB 1960, first read in February 2021, sought to legalize the delivery of medical marijuana by licensed dispensaries to private residences of licensed patients. The bill is listed on the OMMA web page for legislative updates as dormant.
There are several types of medical marijuana patient licenses in Oklahoma. These are the:
The holder of a medical marijuana patient license can grow, buy, and take medical marijuana and medical marijuana products as prescribed. The holder of a medical marijuana caregiver license can grow and buy medical marijuana for a designated licensed patient and help administer the medical marijuana to the patient.
The medical marijuana patient licenses cost $100 each, with a discount for veterans with a status of 100% disability and patients enrolled in Medicare or Medicaid. Medical marijuana caregiver licenses are free.
Oklahoma residents must first seek a qualified physician affiliated with either the State Board of Medical Licensure and Supervision, the State Board of Podiatric Medical Examiners, or the State Board of Osteopathic Examiners. The physician must not be giving consultations, including telemedicine consultations, at the address of a dispensary. The physician will determine if the patient’s medical condition needs medical marijuana treatment.
Adult Oklahoman patients must ask the doctor to fill out the Physician Recommendation Form (Adult Patient). If the adult patient needs a caregiver, the doctor must certify this in the Physician Recommendation Form. The patient and caregiver must then sign the Caregiver Designation Form. The adult patient must then apply online after preparing the requirements listed in the
Adult Application Checklist but not more than 30 days after the physician signed the recommendation form.
OMMA is required by law to process patient applications within two weeks. After approval, two business days are needed to print the medical marijuana license. These are then mailed to the patient and caregiver, if there is one.
For patients who are minors, two doctors’ signatures are needed on the Physician Recommendation Form (Minor Patient) within 30 days of each one. Minor patients are not allowed into dispensaries unless accompanied by a parent or guardian. The doctors must list the parent or guardian in the Physician Recommendation Form so that they will also be listed in the license to help purchase medical marijuana. If there is no parent or guardian, up to two caregivers may be appointed for minor patients.
Physicians can recommend short-term medical marijuana patient licenses for Oklahomans of any age if they assess that medical marijuana treatment is not needed for more than 60 days. Even for short-term patient licenses, a caregiver or a guardian must also be assigned if needed.
The out-of-state medical marijuana patient license can be given to non-residents of Oklahoma who hold a state-issued medical marijuana card from their home state.
OMMA reported that the state of Oklahoma has generated more than $350 million in total revenue from medical marijuana excise and sales tax since SQ 788 was passed. From this, almost $70 million has been appropriated for common education by the state legislature since the fiscal year 2020. The OMMA also allocated $2 million to the substance-abuse intervention program of the Office of Juvenile Affairs.
Medical marijuana use was legalized in Oklahoma in March 2019. Data on the FBI’s Crime Data Explorer page from the Tulsa County Sheriff’s Office shows that arrests for marijuana possession decreased from 63 in 2018 to 40 in 2020. Arrests for marijuana sale or manufacturing remained constant at 5. Drug abuse arrests declined from 211 in 2018 to 165 in 2020. DUI arrests also decreased from 328 in 2018 to 136 in 2020.