On June 26, 2018, Oklahoma passed a law legalizing marijuana for medicinal purposes. The new law, SQ788, will allow those with certain medical conditions to legally use marijuana as a treatment. Possession of marijuana was already legal in the state under that circumstance since Oklahomans voted to legalize medical use in June of last year. With the approval of SQ788, those who are prescribed pot will be able to legally purchase it from one of the dispensaries that will eventually open for business
Medical marijuana is and has been, legal in Oklahoma since 1998. The Oklahoma Medical Marijuana Authority was formed to regulate the industry. The Authority is housed within the Oklahoma Department of Mental Health and Substance Abuse Services, which oversees the state’s 24 licensed treatment centers.
In 2015, the Oklahoma Legislature passed the Medical Marijuana Authority Act, which has several requirements, such as having a physician’s certification and paying an application fee, for a patient to obtain a medical marijuana card.
The Oklahoma Medical Marijuana Authority has more than 200 employees and a budget of around $23 million. The Authority’s website says there are more than 17,000 patients in Oklahoma who have medical marijuana cards and more than 200 dispensaries.
The Oklahoma Medical Marijuana Authority operates under a 2014 state law that legalized the medical use of marijuana and sets guidelines for its regulation. The Oklahoma Medical Marijuana Authority is housed within the Oklahoma Department of Mental Health and Substance Abuse Services, which oversees 24 licensed treatment centers.
The Oklahoma Medical Marijuana Authority is a subsidiary of the Oklahoma Department of Mental Health and Substance Abuse Services.
Difference between Marijuana and Medical Marijuana
Oklahoma pot laws are confusing and hard to follow, even for experts. Oklahoma outlaws marijuana, but allows medical marijuana. It outlaws all drug manufacturing but allows medical marijuana. It also outlaws marijuana paraphernalia but allows medical marijuana. Worse, it outlaws marijuana but allows medical marijuana if a doctor prescribes it.
Despite these contradictions, most Oklahomans seem to know marijuana is illegal and medical marijuana is legal, and that’s all they need to know.
But it’s important to understand the difference between marijuana and medical marijuana. Marijuana is defined as “the dried leaves, flowers, stems, and seeds of the cannabis plant.” Medical marijuana is “a preparation or product derived from a plant of the genus Cannabis, and containing one or more substances.
This guide details the rules for applying for a medical marijuana card in the state of Oklahoma.
- In Oklahoma, a person cannot apply for a medical marijuana card unless they have a physician’s recommendation. This recommendation must be written on a state-issued physician certification form, which a physician must sign and date.
- In Oklahoma, only a physician who is certified by the Oklahoma State Board of Medical Examiners (OSBME) is qualified to sign this certification form. The form is available at http://www.ok.gov/health/sbd/sbd_forms.html
- The certification form must bear the doctor’s signature and the date of his signature. The form must also include the doctor’s name and license number and state that he/she is qualified to sign it.
- The physician certification form must bear the doctor’s name, address, city, state, and telephone number. The form must also include the date, signature, and license number of the physician; the doctor’s name, address, city, state, and telephone number; and a statement that the physician has examined the patient and has found that the patient has one of the qualifying conditions listed.
- The patient’s name, address, city, state, and telephone number; and a statement that the patient has one of the qualifying conditions listed.
- The form must then be signed and dated by the doctor, and the patient must be in possession of a card issued by the state.
- The physician certification form is used to verify that the physician is qualified to certify a patient for medical marijuana. The patient’s name, address, city, state
So how are these laws enforced?
Most dispensaries are run as non-profits, and most states, including Oklahoma, require non-profits to disclose their donors. But dispensaries also have to contend with a lot of bad actors. In addition to making fake ID cards, some dispensaries offer marijuana “deals” to buyers, promising them a discount if they pay in cash.
They are also required to keep detailed records of the marijuana they give away and to whom. In Oklahoma, these logs are monitored by a state agency called the Oklahoma Bureau of Narcotics, which issues medical cards.
So far, the Bureau of Narcotics has relied on citizen complaints to identify problems and has mostly been successful in rooting out bogus ID cards and fake discounts.
Some dispensaries have been raided for minor violations, including failing to report changes in ownership within a certain timeframe. But it’s not clear whether any dispensary has been shut down for selling marijuana to minors.
Most of the state’s dispensaries have been operating for less than a year, so it’s not clear yet how they’ll fare. The Bureau of Narcotics says it expects them to improve and says it’s confident in its ability to enforce the law.
But, as with medical marijuana laws everywhere, enforcement is a work in progress.
