Oklahoma Medical Marijuana Laws: Complete Guide 2026
Oklahoma's medical marijuana program, established by State Question 788 in June 2018, is one of the most patient-friendly in the nation. The program has no qualifying conditions list and allows generous possession and cultivation limits. Recreational cannabis remains illegal.
Is Marijuana Legal in Oklahoma?
Medical marijuana is legal; recreational is not:
- Medical Cannabis: Legal since June 26, 2018 (State Question 788)
- Recreational Cannabis: ILLEGAL (State Question 820 rejected March 7, 2023)
- Home Cultivation: Legal for medical patients (6 mature plants + 6 seedlings)
Key Legislation
| Law | Citation | Effective Date |
|---|---|---|
| State Question 788 | 63 O.S. § 420A et seq. | June 26, 2018 |
| Oklahoma Medical Marijuana and Patient Protection Act | 63 O.S. § 427.1 et seq. | August 2019 |
| OMMA Administrative Rules | OAC 310:681 | Ongoing |
| Unity Bill (SB 1030) | Oklahoma Statutes Title 63 | 2019 |
Oklahoma Medical Marijuana Authority (OMMA)
The Oklahoma Medical Marijuana Authority (OMMA) oversees all aspects of the state's medical marijuana program, including patient registration, caregiver licensing, and business licensing.
Contact Information:
- Website: oklahoma.gov/omma
- Phone: (405) 522-6662
- Email: Available through website contact form
- Patient Portal: OMMA Patient Registration
Qualifying for Medical Marijuana
Oklahoma has NO specific qualifying conditions list. This makes it one of the most accessible medical marijuana programs in the country.
Requirements:
- Must be an Oklahoma resident (or qualify for temporary out-of-state license)
- Physician recommendation from an Oklahoma-licensed physician
- Complete OMMA application and pay $100 fee ($20 with Medicaid/SoonerCare or Medicare)
A physician may recommend medical marijuana for ANY condition they deem appropriate, including but not limited to:
- Chronic pain
- Anxiety and depression
- PTSD
- Cancer
- Epilepsy and seizure disorders
- Glaucoma
- HIV/AIDS
- Crohn's disease
- Multiple sclerosis
- Neuropathy
- Arthritis
- Migraines
- Insomnia
- Any other condition the physician believes cannabis may help
Possession Limits (Medical Patients)
Under 63 O.S. § 420A, medical marijuana patients may possess:
| Product Type | Limit |
|---|---|
| Usable marijuana (on person) | 3 ounces |
| Usable marijuana (at residence) | 8 ounces |
| Cannabis concentrate | 1 ounce |
| Edible marijuana products | 72 ounces |
| Mature plants (flowering) | 6 plants |
| Seedling plants (non-flowering) | 6 plants |
Combined totals allowed: Patients may possess all of these amounts simultaneously.
Home Cultivation
Medical marijuana patients may cultivate cannabis at home:
Requirements:
- Valid Oklahoma medical marijuana patient license
- Plants must be in a locked, enclosed facility
- Not visible from public view without aid (binoculars, etc.)
- Must comply with local zoning regulations
- Plants must be tagged with patient license number
Limits:
- 6 mature (flowering) plants
- 6 seedling (vegetative) plants
- All harvest must be kept within possession limits
Penalties for Violations
Without a Medical Marijuana Card:
Under Oklahoma Statutes Title 63 § 2-402:
| Offense | Classification | Penalty |
|---|---|---|
| Possession (any amount, 1st offense) | Misdemeanor | Up to 1 year jail, $1,000 fine |
| Possession (2nd offense+) | Felony | 2-10 years, up to $5,000 fine |
| Possession with intent to distribute | Felony | 2 years to life, up to $20,000 fine |
| Distribution to minor | Felony | Up to life imprisonment |
| Cultivation without license | Felony | 2 years to life, up to $25,000 fine |
| Within 1,000 ft of school | Enhanced Felony | Double penalties |
With a Medical Marijuana Card:
| Violation | Penalty |
|---|---|
| Exceeding possession limits (1st offense) | Misdemeanor, fine only |
| Exceeding possession limits (2nd offense) | Potential license revocation |
| Public consumption | $400 fine |
| Providing to non-patient | License revocation, criminal charges |
Driving Under the Influence
Driving under the influence of cannabis is illegal under 47 O.S. § 11-902, regardless of medical patient status.
Oklahoma uses a per se THC standard: Operating a vehicle with ANY detectable amount of THC metabolites can result in DUI charges.
DUI Penalties:
- 1st offense: Misdemeanor, 10 days to 1 year jail, $1,000 fine, license suspension
- 2nd offense (within 10 years): Felony, 1-5 years, $2,500 fine
- 3rd offense: Felony, 1-10 years, $5,000 fine
Important: Medical marijuana patients are NOT exempt from DUI laws.
Public Consumption
Under 63 O.S. § 420A, smoking marijuana is prohibited in public places, including:
- Any place where tobacco smoking is prohibited
- Bars, restaurants, and entertainment venues
- Schools, daycare centers, and playgrounds
- Government buildings
- Parks (unless local jurisdiction permits)
- Inside vehicles (even as passenger)
Penalty: $400 fine for public consumption
Employment Rights
Oklahoma provides employment protections for medical marijuana patients under the Oklahoma Medical Marijuana and Patient Protection Act:
- Employers cannot refuse to hire, discipline, or terminate based solely on patient status
- Employers cannot refuse to hire solely based on a positive drug test for marijuana
- Employers may take action for use/impairment during work hours
- Employers may maintain safety-sensitive position requirements
- Employers may prohibit marijuana on company property
Exceptions: Federal contractors, safety-sensitive positions, and positions where federal law requires drug testing.
Out-of-State Patients
Oklahoma offers temporary patient licenses for out-of-state visitors:
- Fee: $100 for 30-day temporary license
- Requirements: Valid medical marijuana license from another state, proof of identity
- Process: Apply through OMMA website
- Temporary patients have same rights as Oklahoma patients
Business Licensing
Oklahoma has one of the most open cannabis business licensing systems:
License Types:
- Dispensary
- Grower (Commercial cultivation)
- Processor
- Transporter
- Testing laboratory
- Waste disposal
Note: Oklahoma does not cap the number of licenses, leading to one of the largest cannabis markets in the country.
Taxation
Medical Marijuana:
- 7% excise tax on retail sales (in addition to standard sales tax)
- Standard 4.5% state sales tax applies
- Local sales taxes may apply
- Total tax rate: Approximately 11-15% depending on jurisdiction
Local Regulations
Under Oklahoma law, local jurisdictions may:
- Establish zoning requirements and buffer zones
- Require local permits or business licenses
- NOT ban medical marijuana dispensaries entirely
- NOT prohibit patient possession or use on private property
- Limit operating hours of dispensaries
Key Resources
- OMMA Official Website: oklahoma.gov/omma
- Patient Application: OMMA Apply
- Find a Dispensary: OMMA Licensed Dispensaries
- Oklahoma Statutes - Medical Marijuana: 63 O.S. § 420A
- Oklahoma Administrative Code: OAC 310:681
- FAQs: OMMA Patient FAQ
Timeline of Medical Marijuana in Oklahoma
| Date | Event |
|---|---|
| June 26, 2018 | State Question 788 approved by voters |
| August 2018 | OMMA begins accepting applications |
| October 2018 | First dispensaries open |
| August 2019 | Unity Bill (SB 1030) signed, adding patient protections |
| March 7, 2023 | State Question 820 (recreational) rejected by voters |
| Ongoing | Program continues to expand with thousands of licensed businesses |
State Question 820 (Recreational) - Rejected
On March 7, 2023, Oklahoma voters rejected State Question 820, which would have legalized recreational marijuana for adults 21 and older. The measure failed with approximately 43% yes to 57% no.
As a result, recreational marijuana remains illegal in Oklahoma, and the state continues as a medical-only program.
This information reflects Oklahoma cannabis laws as of December 2025. Always consult official state sources and legal counsel for the most current requirements.