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CBD in Oklahoma – 2019 Complete Guide

Oklahoma Guide To Legal CBD Oil

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Oklahoma CBD Laws [2019]

Oklahoma CBD Laws

Is CBD legal in Oklahoma? As with many U.S. states, the answer is, “that depends.” In order to give everyone the answers that they need, in this post, we’ll look at the state’s CBD and medical marijuana laws, who qualifies and who doesn’t, the differences between hemp-derived CBD oil and marijuana-derived cannabis oil, the penalties for not following the letter of the law, and we’ll also look at how you can get yourself some CBD oil of your own. Let’s jump right in.

  • Oklahoma CBD-Oil Laws

  • Oklahoma Medical Marijuana Laws

  • Hemp CBD vs Cannabis Oil

  • Medical Benefits of CBD

  • Where To Buy CBD Products in Oklahoma

Is CBD Illegal In Oklahoma?

Let’s start here. Is CBD oil illegal in Oklahoma? There’s some good news and some bad news on this front. We’ll get right to the point here and break the bad news. CBD is, indeed, still illegal in Oklahoma — that is if you’re not qualified to participate in the state’s medical marijuana program.

And the good news? You can buy it anyway. Apparently, Oklahoma is one of those states that tolerates the sale of imported CBD oil as long as the product does not contain THC. Why? Because so many Oklahomans want their CBD that it would be just short of impossible for law enforcement officials to wipe hemp CBD off their maps. And with the highest incarceration rate in the country, the state can’t afford to prosecute and incarcerate people for using a product that by most accounts is perfectly safe.

There’s a little joke when it comes to Oklahoma’s CBD laws. It goes like this. Back in 2015, the state passed a bill known as Katie and Cayman’s Law. The law made it legal for physicians in Oklahoma to recommend CBD oil to minors suffering from a severe epilepsy disorder like Lennox-Gastaut Syndrome or Dravet Syndrome. The statues stipulated the CBD products could only be derived from either the seeds or stalks of the marijuana plant. The punchline? There’s zero CBD in hemp seeds and stalks. Can you imagine all that’s involved in writing, debating, and passing such a law only to realize that it’s a joke?

The reason the law ended up written this way stems from the federal government’s stance on hemp and CBD. The year prior, lawmakers in Washington D.C. passed a farm appropriations bill which included provisions for states to be able to implement hemp pilot programs to study the cultivation, processing, and use of hemp. According to the Food and Drug Administration rules, however, the only legal hemp products are those made from the seeds and stems.

Oklahoma Medical Marijuana Laws

There’s a part two to this joke. After the 2015 fiasco, the very next year, the state passed legislation which expanded legal protections for this fictional CBD oil made from seeds and stems beyond just kids with seizure disorders.

Under the new bill, age restrictions were repealed, and several new qualifying medical conditions were added including “spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, and appetite stimulation with chronic wasting diseases.”

The punchline? Neither the 2015 nor 2016 bills contained provisions for growing hemp nor for the distribution and sale of CBD products. And, since the interstate commerce of CBD oil was forbidden by federal law, this meant that qualified patients had to acquire their CBD oil through illegal means.

Recently, however, two bills were introduced into the Oklahoma House of Representatives’ Rules Committee which could modify who can recommend and issue medical marijuana licenses. At the time of writing, the only persons who could recommend the use of CBD oil are Oklahoma board-certified physicians. If the measure passes that changes to any physician licensed by and in good standing of the state medical or osteopathic oversight agencies, slightly increasing the number of medical professionals who are allowed to recommend the medical use of CBD.

In 2018, the state finally stopped joking around and got serious about medical cannabis. In June of that year, Oklahoma voters approved State Question 788, a medical marijuana program which authorizes licensed patients to legally purchase medical marijuana and cannabis oil. It also allows patients to grow their own marijuana. And this time, the bill included provisions for the licensing of growers and dispensaries giving residents a legal path to procuring their medicine.

The new rules established the Oklahoma Medical Marijuana Authority (OMMA) to develop regulations for the licensing and production of medical marijuana.

By early 2019, Oklahoma’s medical program counted over 26,000 approved patients and more than 800 licensed dispensaries.

Becoming A Legal Medical Marijuana Patient In Oklahoma

An adult medical marijuana license costs $100 in Oklahoma and is valid for two years from the date it is issued. Patients who are enrolled in Medicaid or Medicare are only required to pay $20.

In order to qualify, a patient must have an ongoing relationship with the recommending physician Recommendation for at least 30 days prior to the submission of their application for an Oklahoma medical marijuana card.

Patients usually receive a response from the OMMA within 14 days of submitting their application. It could be one of three responses. It could be the arrival of your medical card, or it could be a letter saying your application was incomplete, or it could be that the state has denied your application, in which case they’ll tell you why. In any case, you are not entitled to a refund of the application fee.

Adult patients who cannot get their own medicine for some reason can have a designated caregiver do so for them. Caregivers must also complete an application.

Patients who are under the age of 18 can also apply for a medical marijuana card, but must be accompanied by a parent or legal guardian when purchasing their medicine. Cards held by minors are valid for 2 years or until the patient turns 18. The same $100 application fee ($20 for Medicare and Medicaid patients) applies.

Oklahoma’s medical marijuana statutes also provide a path for out of state medical marijuana patients who hold a card in their home state to take advantage of the state’s medical marijuana program by applying for a temporary adult or minor patient license on OMMA’s website. If an out-of-state application is approved, the patient is entitled to the same privileges and protections as residents, however, the license is only valid for 30 days, although it can be renewed.

Oklahoma residents who are eligible for the state’s medical marijuana program can apply on OMMA’s website.

Oklahoma Marijuana Possession Penalties

All forms of cannabis and its derivative are illegal in Oklahoma outside of the state’s medical marijuana program. That includes CBD oil made from both hemp and marijuana.

Although CBD oils and other products made with hemp are illegal these products don’t fall under the statutes of the state’s marijuana laws. And, as we mentioned earlier, the state doesn’t seem to have any interest in enforcing those laws except maybe to thwart restaurants and coffee shops from adding CBD to their foods and beverages.

Marijuana is another story. Let’s make this perfectly clear. If you are caught with any amount, no matter how small, of marijuana or cannabis oil derived from marijuana, you could be looking at a fine of up to $1,000 and up to one year in prison. Drug paraphernalia is also illegal in Oklahoma unless you have a medical card.

However, lawmakers are working on legislation which could reduce the penalty for possession of up to 1.5 ounces of cannabis to a $400 civil fine, and it’s quite possible that by the time you read this those measures could be in place.

Even if you are a medical marijuana patient, if you’re busted while driving with THC in your system, you risk losing your license for up to three years and being jailed for a minimum of 10 days up to one year, and in some cases even longer. You might also fail a drug test and lose a job or be disqualified for sports.

A final word of warning. In addition to the fines and jail time, if you’re found guilty of unlawful possession of marijuana or cannabis oil you risk having your property or your vehicles seized by law enforcement officials.

Hemp CBD vs Cannabis Oil

So now you know the severity of the state’s marijuana laws, the question becomes, for medical treatment, do you really need the THC?

Some experts believe, and some studies have shown, that for certain medical conditions the addition of THC to the formula does increase the efficacy of CBD oil. However, this is not true in all cases. Nor is it true for all individuals. Every individual responds to cannabinoid-based therapies differently.

Furthermore, much of cannabis’ medicinal effects depends on another class of compounds found in cannabis called terpenes. These are the chemicals that give marijuana and hemp their distinctive aroma. Every strain has different combinations of terpenes. In addition to being part of the sensual experience of smoking or vaping marijuana terpenes also have medicinal benefits of their own. Moreover, the presence of certain terpenes in the mix can affect how the body responds to cannabinoids. This interaction between all the cannabinoids and terpenes found in a particular strain is known as the entourage effect.

In terms of CBD vs. THC, however, many studies have shown that CBD alone can be quite effective in the treatment of a wide variety of conditions. In fact, the FDA last summer approved a CBD-based drug called Epidiolex for the treatment of certain cases of childhood epilepsy. In order to get this approval, the drug had to undergo multiple clinical trials to prove that CBD is both safe and effective.

Moreover, lawmakers in a number of states, including Oklahoma, after being presented with the evidence, found the case for CBD compelling enough to go ahead and implement measures to make it legal for the treatment of certain conditions.

What Are The Medical Benefits Of CBD?

Here’s a partial list of conditions which are often treated with CBD:

So, if you don’t want to get high, and/or you don’t want to risk running afoul of the state’s DUI laws, you might want to start with hemp CBD and see if that works for you before moving up to the hard stuff.

Where To Buy CBD Products in Oklahoma

Although CBD oil and other CBD products such as CBD edibles, CBD tinctures, CBD topicals/skin creams, and CBD vape pens are technically not yet legal in Oklahoma, they can be purchased in the state. Countless boutiques and shops carry CBD oils and these other CBD-infused products, especially in the larger cities in the state including, Oklahoma City, Tulsa, Norman, and Broken Arrow.

Where you won’t find CBD in the state of Oklahoma is at the major retailers such as Walgreens and CVS which both recently announced they would be selling CBD products at stores located in other states that are more CBD-friendly.

Also, online shops often offer a much wider array of products than brick and mortar shops. A myriad of CBD products can be mail ordered — everything from the products listed above to CBD honey and CBD cake pops, CBD-infused beverages, and even CBD cotton candy and popcorn. You can also find CBD for pets online.

In the near future, we may see Oklahoma lawmakers lighten up on CBD products, and possibly even, at some point follow the lead of other states and either decriminalize or legalize marijuana. In the meantime, if you’re suffering from one of the above-listed medical conditions, you have a variety of options including purchasing CBD products online and shopping locally in some places. And if you’re qualified for the state’s medical marijuana program you can legally obtain cannabis oils with both CBD and THC at your local licensed dispensary.

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Further Reading

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