Oklahoma Cannabis Laws

Is Cannabis Legal In Oklahoma?
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StateRecreationalMedical MarijuanaCBD

Federal Law:

Recreational Medical MarijuanaCBD

Is recreational cannabis legal in Oklahoma?

No. Recreational adult-use cannabis is illegal in Oklahoma, and penalties for possession have increased after the signing of HB 2179 eliminated minimum mandatory sentencing for first and second drug possession offenses. 

While Oklahoma’s medical marijuana program and CBD market continue to expand, recreational legislation hasn’t found any traction in the state senate. 

Is Medical Marijuana legal in Oklahoma?

Yes. Oklahoma voters made medical marijuana legal in 2018 with the passing of Question 788. Under the law, any individual can obtain a medical marijuana license with a doctor’s recommendation. This differs from a vast majority of other state programs, whereas patients must be diagnosed with qualifying conditions. 

Licensed patients can possess up to 8 oz of marijuana product (smokable flower, edibles, concentrates, etc.) at a time and grow up to 6 plants per household. 

Are CBD products legal in Oklahoma? 

Yes. Oklahoma was ahead of federal legislation passing HB2154 in 2015, legalizing the sale of CBD oil. A couple of years later, with the passage of the Hemp Farming Act of 2018, hemp-derived CBD products are legal under federal law in the United States, as long as they contain at most 0.3% THC. 

Any and all CBD in food and drink is still federally illegal.

What’s Oklahoma’s medical marijuana sales tax?

4.5% Medical Marijuana products are not prescribed instead recommended; therefore, purchases are subject to the state sales tax. 

Is cannabis delivery legal in Oklahoma?

Yes and no. Only caregivers of medical marijuana patients may deliver products directly to their ward. It is still illegal for medical dispensaries to deliver to patients. Recently, an effort to reform Oklahoma’s medical marijuana program, including cannabis deliveries directly to patients, failed as the Governor vetoed the legislation. 

Oklahoma’s Cannabis Timeline:

1933: Oklahoma bans cannabis. 

1937: The Marihuana (archaic spelling of Marijuana) Tax Act was enacted banning cannabis at the federal level. Medical Marijuana use was still permitted.

1951: The Boggs Act, Sponsored by Hale Boggs and signed into law under President Harry S. Truman, This act set mandatory sentencing and increased punishment for cannabis possession. 

1969: The Marihuana Tax Act is deemed unconstitutional in the landmark Leary v. United States. Timothy Leary, a professor, and activist, was arrested for the possession of marijuana in violation of the 1937 Marihuana Tax Act. Leary then challenged the act because the act required self-incrimination, which violated his Fifth Amendment rights. (The self-incrimination clause provides various protections against self-incrimination, including the right of an individual to not serve as a witness in a criminal case in which they are the defendant, better known as “Pleading the Fifth.” The court’s unanimous opinion of the court was penned by Justice John Marshall Harlan II and declared the Marihuana Tax Act unconstitutional. Therefore, Leary’s conviction was overturned.

1970: The Controlled Substances Act is enacted (replacing the unconstitutional Marihuana Tax Act). Cannabis is classified as a Schedule I drug, determined to have a high potential for abuse and no accepted medical use, thereby prohibiting its use for any purpose. This act was signed into law by President Richard Nixon. 

This legislation created five classifications, with specific qualifications for a substance to be included in each. The substances scheduling (classification) are determined by the Drug Enforcement Agency (DEA) and the Food and Drug Administration (FDA). Yet, Congress does have the power to schedule or de-schedule substances through legislation. Substance scheduling decisions are based on its potential for abuse, accepted medical use in treatment in the United States, and international treaties.

Classification of Controlled Substances:

Schedule I: High potential of abuse, not acceptable for medical use

Schedule II: High potential of abuse, sometimes allowed with “severe restrictions” for medical use

Schedule II: Medium potential of abuse, acceptable for medical use

Schedule IV: Moderate potential of abuse, acceptable for medical use

Schedule V: Lowest potential of abuse, acceptable for medical use

1984-1986: Mandatory Sentencing and the three-strikes law were created under the Reagan Administration. This accounts for some of the harshest drug laws designed, including mandatory 25-year imprisonment for certain drug offenses and the promotion of the death penalty to be used against “drug kingpins.” traction

1998: House Joint Resolution 117, encouraged by the passing of California’s Prop 215, the House of Representatives passed this measure to support the existing Federal legal process for determining the safety and efficacy of certain drugs.  

2014: The Rohrabacher–Farr Amendment passed in the U.S. House and signed into law prohibiting the Justice Department from interfering with the implementation of state medical cannabis laws.

2015: Oklahoma legalized the sale of CBD oil, with HB2154

2016: HB2179, eliminated minimum mandatory sentencing for first and second drug possession offenses. 

2018: Farm bill legalizes low-THC hemp nationwide and effectively de-schedules hemp-derived cannabidiol (CBD) from the Controlled Substances Act. 

2018: Oklahoma voters pass Question 788, legalizing their medical marijuana program

2020: Oklahoma Governor vetoes medical marijuana program reform. 

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