Oklahoma
Equity Project State Briefing
Legal Status
Is Cannabis Legal in Oklahoma?
- Adult-Use:
No
- Medical:
Yes
Cannabis in Oklahoma is only legal for medical use.
Date of Legalization
- Medical:
2018
Oklahoma legalized cannabis for medical use in 2018.
Source:
Ballotpedia, Oklahoma State Question 788 Medical Marijuana Legalization Initiative (June 2018). Retrieved January 13 2022
Possession Limits
Within Oklahoma‘s medical use framework, patients may possess up up to three (3) ounces of marijuana on their person; up to eight (8) ounces of marijuana in their residence; six (6) mature marijuana plants; six (6) seedling plants; one (1) ounce of concentrated marijuana and seventy-two (72) ounces of edible marijuana. Possession of up to one and one-half (1.5) ounces of marijuana by persons who can state a medical condition, but are not in possession of a state-issued medical marijuana license, shall constitute a misdemeanor offense punishable by a fine not to exceed Four Hundred Dollars ($400.00) and shall not be subject to imprisonment for the offense.
Source:
Okla. Stat. tit. 63, § 420. Subsections a and b
Other Licensing Provisions
License Caps
- License Caps:
No
Oklahoma’s medical cannabis framework does not have any license caps at the state level.
Application Selection Process
- Selection System:
Compliance
Oklahoma distributes its medical-use cannabis licenses through a compliance-based application review system. A compliance-based application review requires that applicants meet a set of requirements for licensure. In Oklahoma a license may be issued upon receipt of a completed application, payment of application fee, and verification by the department the individual or entity complies with the requirements set forth in Oklahoma law.
Source:
Okla. Admin. Code § 310:681-5-2 . Subsection a. Licenses
Felony Disqualification on Ownership
- Ownership Exclusion for Felony Convictions:
Yes
- Exemption for Cannabis Offenses:
No
Oklahoma’s medical use framework disqualifies applicants for cannabis licensure on the basis of certain convictions. A disqualifying criminal conviction is any non-violent felony conviction within two years of submitting an application to the department and any violent felony conviction for an offense listed in Title 57 O.S. § 571(2) within five (5) years of submitting an application to the Department. Individuals are also disqualified if they are incarcerated for any reason during submission of their application.
Source:
Okla. Admin. Code § 310:681-1-5. Subsection b. Criminal history screening
Okla. Admin. Code § 310:681-1-4. Definitions, “Disqualifying criminal conviction
Employee Criminal Records
- Conviction Restrictions for Employees:
Yes
- Exemption for Cannabis Offenses:
No
Oklahoma’s medical use framework disqualifies applicants for cannabis licensure on the basis of certain convictions.
Cannabis employees who are required to hold an agent’s license must undergo a background check establishing they do not have any disqualifying convictions. A disqualifying criminal conviction is any non-violent felony conviction within two years of submitting an application to the department and any violent felony conviction for an offense listed in Title 57 O.S. § 571(2) within five (5) years of submitting an application to the department. Individuals are also disqualified if they are incarcerated for any reason during submission of their application.
Source:
Okla. Admin. Code § 310:681-3-3. Subsection (d) 5 Transporter agent license
Okla. Admin. Code § 310:681-1-5. Subsection b. Criminal history screening
Okla. Admin. Code § 310:681-1-4. Definitions, “Disqualifying criminal conviction
Availability of Expungements
- Expungements:
Yes, Not Automatic
Oklahoma offers record cleaning remedies for certain cannabis convictions,however this process is not automatic and requires action from the individual. Individuals convicted of certain qualifying felony offenses may petition the court for an expungement after a specific amount of time without a subsequent conviction. Individuals with up to two felonies may be eligible for this remedy after at least ten years have passed since the completion of the sentence for their most recent felony conviction.
Source:
Okla. Stat. tit. 22, § 18. subsections 12 and 13. Expungement of Criminal Records
Social Equity
Social Equity Definition / Criteria
Oklahoma does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Social Equity Provisions
Oklahoma does not offer a state social equity program to benefit medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Fee Waivers and Reductions
Oklahoma does not offer fee waivers or reductions to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
Other Financial Support for Social Equity Applicants and Licensees
Oklahoma does not offer state level funding to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.
License Priorities and Set Asides
Oklahoma does not offer state level licensing priority or set asides to support medical cannabis licensees who have been disproportionately harmed by cannabis prohibition.