Weed Laws in Oklahoma

Oklahoma was one of the last states to join the United States in 1907, being the 46th state. Home to the Cherokee and Choctaw tribes, Oklahoma derives its name from the Choctaw okla and humma, meaning “red people”. Its unofficial nickname is the Sooner State, after the state's pioneers who came to Oklahoma to create their home.

Oklahoma boasts a diverse culture, with over 25 native languages spoken across the state. It’s largest and most well-known city, Oklahoma City, is also the state capitol. Home to beautiful landscapes such as the Ouachita Mountains and the Black Kettle National Grassland, Oklahoma has plenty of wide-open plains and rolling hills. Oklahoma is also home to the Trail of Tears and the Santa Fe Trail, two important historical landmarks.

Cannabis became prohibited in the state of Oklahoma in 1933, and it wasn’t until 85 years later in 2018 that the state legalized medical marijuana for sale and use. As of March 2022, Oklahoma currently has over 381,000 medical marijuana patients, 8,184 cannabis growers, and 2,285 cannabis retailers. Activists in the state are working on measures for legalizing the recreational sale and use of cannabis, which may be up for a vote on the 2022 ballot.

Is Weed Legal in Oklahoma?

Yes, but only for medicinal purposes in the state of Oklahoma, for people with a licensed medical marijuana card.

Weed Legalization in Oklahoma

Cannabis was a banned substance in Oklahoma from 1933 to 2018. Hemp CBD oil containing less than 0.3% THC was the first to become legal in Oklahoma in April of 2015. In 2015, advocates of cannabis legalization began a petition to add medical marijuana to the 2016 ballot. After some trouble with the bill's language, the vote was delayed until June of 2018, where it passed with 57% in favor.

The passing of Oklahoma State Question 788, the Medical Marijuana Legalization Initiative, legalized medical marijuana in Oklahoma and led the state to create the Oklahoma Medical Marijuana Authority (OMMA).  The state continues to refine its medical cannabis program, with the most recent OMMA emergency rules passed in November 2021. Among other things, the emergency rules limit the size of pre-rolls to 1 gram or less and prohibit growers or dispensaries from making or packaging infused pre-rolls.

As of 2023, the consumption of cannabis is legal for medicinal use only in the state of Oklahoma. A ballot initiative was introduced by advocates to legalize the sale of recreational cannabis and is currently awaiting approval. If approved, it will need to collect roughly 95,000 signatures within 90 days to qualify for the ballot.

Buying Legal Weed in Oklahoma

Individuals 18 and over who hold an Oklahoma medical marijuana card can purchase cannabis from state-licensed dispensaries. 

An individual does not need to have a specific qualifying condition to obtain a medical marijuana recommendation. The OMMA states, “When recommending a medical marijuana license, a physician shall use the accepted standards a reasonable and prudent physician would follow when recommending any medication to a patient.” For minors, two recommendations from two different physicians must be obtained before they become eligible to get a medical marijuana card in Oklahoma.

The state levies an 11.5% tax on marijuana purchases, which covers:

• Excise tax
• Sales tax

In addition, local municipalities can tax medical marijuana purchases by up to 4.5%, making the total estimated tax due roughly 12-16% depending on location.

Oklahoma medical marijuana tax revenue up to $65 million is split between the State Public Common School Building Equalization Fund (59.23%), the OMMA (34.62%), and the Health Department (6.15%). Any excess taxes over $65 million are allocated to the General Revenue Fund of the State Treasury.

Is Cannabis Delivery Available in Oklahoma?

No, marijuana delivery is not available for either medicinal or recreational purposes in the state of Oklahoma. 

Where Can You Legally Use Weed in Oklahoma?

Cannabis can be legally used in the following areas in Oklahoma:

🗹 Private properties such as residences

Cannabis CANNOT be consumed in:

What are the Restrictions on Cannabis Possession in Oklahoma?

Individuals 18 and over with a medical marijuana recommendation may purchase and possess up to:

• Cannabis concentrates: 1 ounces / 28 grams
• Cannabis edibles: 72 ounces / 2,037 grams
• Cannabis topicals: 72 ounces / 2,037 grams
• Dried cannabis flower:  3 ounces / 85 grams

Medical marijuana patients and caregivers in Oklahoma may cultivate cannabis at home:

• Maximum # of plants: 6 mature / 6 immature

The purchase limits for Oklahoma medical marijuana patients are on a per transaction basis. However, on their person, patients can only possess the above limits. An individual residence may possess up to 8 ounces of dried cannabis flower.

During vehicular transportation:

• Cannabis may either be in a sealed container, or
• Stored in the trunk of the vehicle

Frequently Asked Questions About Marijuana in Oklahoma

How do I apply for an Oklahoma medical marijuana card?

Oklahoma medical marijuana applications may be submitted via omma.ok.gov. You will need a copy of your physicians' recommendation, proof of Oklahoma residency, proof of identity, and a clear colorized full-face photograph.

How much does an Oklahoma medical marijuana card cost?

For individuals without Medicaid or Medicare, the fee to obtain a patient card is $100. If you have Medicaid or Medicare, the fee is $20. The cost of a medical evaluation is separate from the state fee.

How long does it take to receive approval for an Oklahoma medical marijuana card?

If your application meets all the requirements, the OMMA will send an approval letter within 14 business days from the submission of your completed application.

How long is an OMMA patient card valid for?

An Oklahoma medical marijuana card is valid for two years from the date it is issued. Physicians may also issue short-term licenses valid for 60 days.

How long is an Oklahoma medical marijuana card for minors valid for?

An Oklahoma medical marijuana card for minor patients is valid for two years from the date it is issued or until the patient turns 18, whichever comes first. Physicians may also issue short-term licenses valid for 60 days.

How long is a temporary Oklahoma medical marijuana card valid for?

A temporary Oklahoma medical marijuana card is valid for 30 days from the date it was issued.

What are the limitations of Oklahoma medical marijuana cards for minors?

Unless accompanied by a parent or legal guardian, Oklahoma medical marijuana minor patients are not allowed to enter an Oklahoma medical marijuana dispensary.

Oklahoma medical marijuana minor patients are not permitted to smoke or vaporize any products unless both recommending physicians agree it is medically necessary.

Can out-of-state individuals obtain an OMMA patient card?

Out-of-state individuals may obtain an Oklahoma medical marijuana card by submitting an application via omma.ok.gov. Individuals must have a valid state-issued medical marijuana license from their home state to qualify. A physician’s recommendation alone is not valid.

The information in this article and any included images or charts are for educational purposes only. This information is neither a substitute for, nor does it replace, professional legal advice or medical advice, diagnosis, or treatment. If you have any concerns or questions about laws, regulations, or your health, you should always consult with an attorney, physician or other licensed professional.