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Cannabis in Oklahoma is illegal for recreational use, but legal for medical use with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.
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Cannabis in Oklahoma is illegal for recreational use, but legal for medical use with a state-issued license, while CBD oil derived from industrial hemp is legal without a license.
As part of a larger trend nationwide to restrict cannabis, Oklahoma banned the drug in 1933. [1] Through the decades, Oklahoma authorities actively prosecuted cannabis users, sellers and growers including through the use of helicopter patrols. [2] [3] [4]
In April 2015, The Governor signed HB 2154 allowing the Sale of CBD oil with less than 0.3% THC under specified restrictions. The use of CBD oil manufactured from industrial hemp (which was sold over the counter, without restrictions) became widespread in Oklahoma during the mid-late 2010s.[ citation needed ] Later in 2015, Green the Vote announced that they were beginning a new petition drive to place medical legalization on the 2016 ballot. [5] The initiative gathered the required number of signatures, but backers alleged that Attorney General Scott Pruitt had changed the verbiage of the initiative in a misleading way. After Oklahomans for Health sued over the ballot rewrite, the Oklahoma Supreme Court ordered the original language be restored. As result of the legal dispute, the vote for the initiative was pushed back to 2018. [6] [7] Governor Mary Fallin established a ballot date on January 4, 2018, of June 26, 2018 as a referendum initiative. [8]
The referendum (State Question 788) ultimately passed 57%-43%, making Oklahoma the 30th US state to legalize medical use of cannabis. This approval by popular vote was noteworthy as it happened during a primary election rather than in a general election. [9] SQ 788 instructed the state to promulgate a regulatory scheme for Marijuana online within 30 days and begin licensing by August 25. 2018; however, on July 10, 2018, the Oklahoma Board of Health voted 5-4 to ban smokable marijuana products at dispensaries and to require licensed pharmacists to be on-site at dispensaries. After two lawsuits were filed these regulations were dropped. [10] [11] Some local jurisdictions have tried to further regulate licensed cannabis use but such efforts have largely failed under judicial review.[ citation needed ]
The state created the Oklahoma Medical Marijuana Authority (OMMA) under the state Board of Health to regulate licenses for growers and patients, and its first director was appointed in October 2018. [12]
On August 1, 2018, many of the original rules promulgated by the Oklahoma Board of Health (OBH) were rescinded with the support of Oklahoma State Attorney general Mike Hunter who stated that the OBH rules overreached and did not meet the intent of SQ 788. Oklahoma City adopted the "simple possession" rule in their city code on October 26, 2018 and additionally lowered the maximum fine for possession of marijuana paraphernalia to $50. [13]
The statewide regulator for marijuana is the Oklahoma Medical Marijuana Authority.
Under SQ 788, an individual who obtains a Medical Marijuana License from the state of Oklahoma may consume marijuana legally and may legally possess up to:
Smokable forms of medical marijuana can be legally consumed by license holders in any place that allows the smoking of tobacco products, while edible forms of medical marijuana can be consumed anywhere. All forms of medical marijuana are still deemed to be illegal under federal law; consequently Oklahoma medical marijuana license holders are not exempt from federal prosecution for cannabis possession when they are present on federal lands in Oklahoma (including military posts and lands administered by the National Park Service or the Department of Agriculture), as well as on tribal trust land. [14]
In April 2015, Governor Mary Fallin signed into law a bill which allows clinical trials of CBD oil; Fallin emphasized to the press that she does not condone the full legalization of cannabis. [15]
Unlicensed simple possession of up to 1+1⁄2 ounces (43 g) is now punishable by a misdemeanor conviction and a $400 fine. [16]
Since October 1, 2013, DUI (driving under intoxication) penalties include being jailed for no less than 10 days or more than 1 year if: A person "has any amount of a Schedule I chemical or controlled substance, as defined in Section 2-204 of Title 63 of the Oklahoma Statutes, or one of its metabolites or analogs in the person’s blood, saliva, urine or any other bodily fluid at the time of a test of such person's blood, saliva, urine or any other bodily fluid administered within two (2) hours after the arrest of such person." A second offense will have longer sentencing as well as require an ignition interlock device that can only detect alcohol even if person is not a user of alcohol. [17] [18]
Non-licensed making of hashish (including through the use of a simple grinder) or making brownies is still restricted. [19] [20] Licensed medical users can make and possess these products.
In 2018 Hempyre Genetics was hired to research strains of feral cannabis growing at undisclosed locations in Oklahoma, in order to advise legal hemp farmers as to what genetic traits were thriving in the state. [21]
Oklahoma State Question 820 was a voter initiative to legalize adult purchasing, possession and consumption of cannabis in Oklahoma, but it was rejected by the majority of voters after appearing as the only statewide issue on the ballot in a March 7, 2023 special election. [22] [23] It would have placed the Oklahoma Medical Marijuana Authority in charge of business regulation.
In the United States, increased restrictions and labeling of cannabis as a poison began in many states from 1906 onward, and outright prohibitions began in the 1920s. By the mid-1930s cannabis was regulated as a drug in every state, including 35 states that adopted the Uniform State Narcotic Drug Act. The first national regulation was the Marihuana Tax Act of 1937.
Cannabis in Oregon is legal for both medical and recreational use. In recent decades, the U.S. state of Oregon has had a number of legislative, legal, and cultural events surrounding use of cannabis. Oregon was the first state to decriminalize the possession of small amounts of cannabis, and among the first to authorize its use for medical purposes. An attempt to recriminalize possession of small amounts of cannabis was turned down by Oregon voters in 1997.
Oregon Ballot Measure 80, also known as the Oregon Cannabis Tax Act, OCTA and Initiative-9, was an initiated state statute ballot measure on the November 6, 2012 general election ballot in Oregon. It would have allowed personal marijuana and hemp cultivation or use without a license and created a commission to regulate the sale of commercial marijuana. The act would also have set aside two percent of profits from cannabis sales to promote industrial hemp, biodiesel, fiber, protein, and oil.
In the United States, the use and possession of cannabis is illegal under federal law for any purpose by way of the Controlled Substances Act of 1970 (CSA). Under the CSA, cannabis is classified as a Schedule I substance, determined to have a high potential for abuse and no accepted medical use. Despite this, most states have legalized either or both the medical and recreational use of cannabis.
The legal history of cannabis in the United States began with state-level prohibition in the early 20th century, with the first major federal limitations occurring in 1937. Starting with Oregon in 1973, individual states began to liberalize cannabis laws through decriminalization. In 1996, California became the first state to legalize medical cannabis, sparking a trend that spread to a majority of states by 2016. In 2012, Washington and Colorado became the first states to legalize cannabis for recreational use.
Cannabis in Iowa is illegal for recreational use if classified as marijuana but consumable hemp products including CBD products are legal for consumers to possess and registered retailers to sell. Possession of even small amounts of marijuana is a misdemeanor crime. The state has a medical program for patients with qualifying debilitating medical conditions that allows for the legal sale and possession of no more than 4.5g of THC per patient every 90-day period. Allowed modes of consumption are oral & topical forms including, but not limited to; tablets and tinctures, nebulizable inhalable forms, suppositories, and vaporization.
Cannabis in Arkansas is illegal for recreational use. First-time possession of up to four ounces (110 g) is punished with a fine of up to $2,500, imprisonment of up to a year, and a mandatory six month driver's license suspension. Medical use was legalized in 2016 by way of a ballot measure to amend the state constitution.
Cannabis in North Dakota is legal for medical use but illegal for recreational use. Since 2019 however, possession under a 1/2 ounce has been decriminalized in the sense that there is no threat of jail time, though a criminal infraction fine up to $1,000 still applies. The cultivation of hemp is currently legal in North Dakota. In November 2018, the state's voters voted on recreational marijuana legalization, along with Michigan; the measure was rejected 59% to 41%. Two groups attempted to put marijuana legalization measures on the June 2020 Primary and the November 2020 elections, but were prevented from doing so by the COVID-19 pandemic.
Cannabis in Kansas is fully illegal, and possession of even small amounts is a misdemeanor crime. Cannabis is only legal in Kansas in the form of THC free cannabidiol oil, also known as CBD.
Cannabis in Nevada became legal for recreational use on January 1, 2017, following the passage of Question 2 on the 2016 ballot with 54% of the vote. The first licensed sales of recreational cannabis began on July 1, 2017.
Cannabis in Texas is illegal for recreational use. Possession of up to two ounces is a class B misdemeanor, punishable by up to 180 days in prison and a fine of up to $2000. Several of the state's major municipalities have enacted reforms to apply lesser penalties or limit enforcement, however.
Cannabis in Missouri is legal for recreational use. A ballot initiative to legalize recreational use passed by a 53–47 margin on November 8, 2022. Possession for adults 21 and over became legal on December 8, 2022, with the first licensed sales occurring on February 3, 2023.
Cannabis in Mississippi is legal for medical use and illegal for non-medical use. Possession of small amounts was decriminalized in 1978.
Cannabis in Maryland is legal for medical use and recreational use. Possession of up to 1.5 ounces and cultivation of up to 2 plants is legal for adults 21 years of age and older. In 2013, a state law was enacted to establish a state-regulated medical cannabis program. The program, known as the Natalie M. LaPrade Maryland Medical Cannabis Commission (MMCC) became operational on December 1, 2017.
Cannabis in Washington relates to a number of legislative, legal, and cultural events surrounding the use of cannabis. On December 6, 2012, Washington became the first U.S. state to legalize recreational use of marijuana and the first to allow recreational marijuana sales. The state had previously legalized medical marijuana in 1998. Under state law, cannabis is legal for medical purposes and for any purpose by adults over 21.
The Michigan Regulation and Taxation of Marihuana Act, also known as Proposal 1, was an initiative that appeared on the November 2018 ballot to legalize cannabis in the U.S. state of Michigan. The initiative allows adults 21 and older to possess up to 2.5 ounces (71 g) of cannabis and to grow up to 12 plants at home. The initiative was approved with 56% of the vote.
Oklahoma Question 788, the Oklahoma Medical Marijuana Legalization Initiative, was a 2018 ballot measure on the June 26 ballot to legalize medical marijuana in the state of Oklahoma. It passed with over 56% "yes" votes.
Oklahoma State Question 820 was a voter initiative to legalize adult purchasing, possession and consumption of cannabis in the U.S. state of Oklahoma. It would have placed Oklahoma Medical Marijuana Authority in charge of business regulation. It appeared on the March 7, 2023 general ballot.
Question 4 was a voter referendum to amend the Constitution of Maryland in order to legalize cannabis for adult use in Maryland. The referendum was approved overwhelmingly, with more than twice as many voters voting in favor of it than against it, on November 8, 2022, and will go into effect on July 1, 2023.