Is Weed Legal in Oklahoma?

Is recreational cannabis legal in Oklahoma? Is medicinal marijuana legal in Oklahoma? What about Oklahoma's CBD laws? Find out about the weed laws in Oklahoma in this article.

We note that the subject contained in this article represents illegal activity in certain jurisdictions. Whilst we do not condone any acts which are contrary to any such laws, we understand that readers in those jurisdictions which have decriminalised cannabis may find this article of interest.

Sandwiched in between Kansas and Texas lays 69,899 square miles of ancient mountain ranges, prairie, mesas, and eastern forests that go under the name of Oklahoma. The name, Oklahoma was suggested by Choctaw Nation Chief Allen Wright in 1866 during treaty negotiations with the federal government. The name derives from the Choctaw phrase okla humma, literally meaning red people.

Oklahoma's four mountain ranges include the Ouachitas, Arbuckles, Wichitas and the Kiamichis. With many geographic regions, comes rich-biodiversity, you expect to find American bison, mountain lions, black bears and even the American alligator all within the state of Oklahoma.

BREAKING: Cannabis Slushies Face Opposition From Oklahoma Regulatory Body

Black towns in Oklahoma thrived in the early 20th century due to high numbers of Black settlers moving into the state from elsewhere – particularly Kansas. The Tulsa Neighbourhood of Greenwood was a thriving community and was nicknamed 'Black Wall Street'. In 1921, the Tulsa race massacre occurred, with white Americans, including the Ku Klux Klan, attacking the successful Black community. Over 16 hours, 35 city blocks were destroyed, $1.8 million worth of property damage and a death toll as high as 300 people in one of the costliest episodes of racial violence in America.

Despite its history, modern-day Oklahoma has a varied and successful economy, including forays into energy, natural gas, and aviation. It is also host to a range of cultural festivals, including Native American, Scottish, German, Vietnamese and Mexican events.

But the real question is can you smoke weed in Oklahoma?

Is recreational cannabis legal in Oklahoma?

Recreational marijuana use is still illegal in Oklahoma, after being criminalized in 1933. The state has, however, decriminalized cannabis, meaning all marijuana charges are classified as misdemeanors.

State Question 780 came into effect in July of 2017 and has had a large impact on incarceration rates across the state. Interestingly, the bill does not alter after numerous charges – if you have one offense or a dozen the charge remains a misdemeanour. This is quite different to other states which increase in severity with multiple charges.

Under the decriminalization, possession of up to 1.5 ounces carries a $400, and cannot result in jail time. Driving under the influence of cannabis, however, comes with a mandatory minimum incarceration time of 10 days. Jail time can be up to one year for anyone with a Schedule I controlled substance found in their system.

Oklahoma also has a tax stamp law for those found with cannabis. For every gram of illegal marijuana, the person in possession must pay $3.50. Refusing to pay the stamp tax results in a far harsher penalty.

Although marijuana is not recreationally available, Oklahoma has a history of feral cannabis across its fields. In the mid 20th century, industrial hemp was widely cultivated in states across the American Midwest. This was in part to support World War II efforts. Since then, the plant has naturally reseeded itself in a number of states including Oklahoma. 

In 2018, Hempyre Genetics were hired to research the prolific feral strains, suggesting that the state is interested in reviewing possible hemp applications into the future.

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Is medicinal marijuana legal in Oklahoma?

Oklahoma was the 30th US state to legalize medicinal marijuana in 2018 when State Question 788 passed with 57% of the vote.

Oklahoma has some of the less restrictive medical cannabis laws in the country – resulting in an almost controlled legalization. Patients do need to register for medical marijuana and obtain a photo identification card, but there is no list of qualifying conditions. Physicians can approve patients at their discretion.

Approximately 1 in every 13 adults in Oklahoma has a medicinal marijuana card.

In addition to not having a list of qualifying conditions, there are also no set purchase limits in Oklahoma dispensaries, and the total possession limits are generous.

Patients can publicly possess up to 3 ounces of marijuana and have another 8 ounces at their home. They are able to keep up to 1 ounce of concentrate and up to 72 ounces of edible products. Oklahoma also allows home cultivation of up to six mature pants and six seedlings at any one time.

Patients over the age of 18 can designate a single caregiver to purchase marijuana on their behalf and patients under 18 can designate two caregivers.

Smokable forms of cannabis can be used in any place where tobacco smoke is legal including on licensed premises and edible products can be consumed anywhere. Due to cannabis still being illegal under federal law, patients are not exempt from federal prosecution for consumption or possession on national land such as national parks and tribal trust land.

As mentioned above, there are mandatory minimum sentencing laws for driving under the influence of cannabis as it is a Schedule I drug. It is also illegal to ride a bike while under the influence.

Qualifying patients from other legal states can apply for a temporary license to grow, purchase and consume cannabis products within Oklahoma. Their own out-of-state identification card will not suffice.

Medicinal marijuana in Oklahoma is taxed at 7% and makes around $10 million a month for the state.

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Is Weed Legal in Montana?

Is CBD legal in Oklahoma?

Oklahoma first legalised cannabidiol (CBD) oil in April 2015 – three years before the Farm Bill was passed in 2018 which legalized CBD products federally.

Under the Farm Bill, CBD products with a tetrahydrocannabinol (THC) content of less than 0.3% can be freely sold. THC is the psychoactive ingredient of cannabis, meaning CBD products won't get you high. There are, however, a range of positives from consuming CBD products. 

Using CBD products has been shown to help reduce smoking and drinking, and there are studies focused on how CBD can help with gingivitis.

Londoners are keeping up with the trend by launching cocktail bars and cafes sporting easy to consume CBD products. Conversely, New York has just banned CBD edibles.

CBD can be consumed in a range of ways, including as an edible oil under the tongue or in drinks, as a vapour, as a topical cream and as edible products. Topical creams have shown to greatly improve inflammation, pain and muscle repair. Since becoming legal, various professional sports people have launched their own CBD lines including skateboarders, UFC fighters and footballers.

CBD has also shown great promise as a holistic skincare option. Actress Kristen Bell is launching her collaboration with Lord Jones later this year. Happy Dance skincare will provide high quality CBD products at an affordable price.

The Food and Drug Administration in the US has approved one CBD product for use – Epidolex. Epidolex can help reduce the frequency and severity of seizures in those suffering from epilepsy. By making Epidolex legal, the FDA has opened the door to more CBD products in the future.

As research continues into the benefits of CBD products, we can expect a wider range of products and more accessibility the world over. CBD is the next step in natural medicines with a wealth of possibilities.

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Laura Desmond
Laura Desmond

Laura Desmond is an Adelaide-based writer with a keen interest in the arts, gender politics and social change. She is currently working to obtain a Master in Writing through Swinburne University.

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