Okla. Stat. tit. 63, § 63-420

Application – Caregiver license.

A. A person in possession of a state-issued medical marijuana

patient license shall be able to:

1. Consume marijuana legally;

2. Legally possess up to three (3) ounces or eighty-four and

nine-tenths (84.9) grams of marijuana on their person;

3. Legally possess six mature marijuana plants and the

harvested marijuana therefrom;

4. Legally possess six seedling plants;

5. Legally possess one (1) ounce or twenty-eight and three

tenths (28.3) grams of concentrated marijuana;

6. Legally possess seventy-two (72) ounces or two thousand

thirty-seven and six-tenths (2037.6) grams of edible marijuana;

7. Legally possess up to eight (8) ounces or two hundred

twenty-six and four-tenths (226.4) grams of marijuana in their

residence; and

8. Legally possess seventy-two (72) ounces of topical

marijuana.

B. Possession of up to one and one-half (1.5) ounces or forty-

two and forty-five one-hundredths (42.45) grams of marijuana by

persons who can state a medical condition, but are not in possession

of a state-issued medical marijuana patient license, shall

constitute a misdemeanor offense punishable by a fine not to exceed

Four Hundred Dollars ($400.00) and shall not be subject to

imprisonment for the offense. Any law enforcement officer who comes

in contact with a person in violation of this subsection and who is

satisfied as to the identity of the person, as well as any other

pertinent information the law enforcement officer deems necessary,

shall issue to the person a written citation containing a notice to

answer the charge against the person in the appropriate court. Upon

receiving the written promise of the alleged violator to answer as

specified in the citation, the law enforcement officer shall release

Oklahoma Statutes - Title 63. Public Health and Safety Page 1100

the person upon personal recognizance unless there has been a

violation of another provision of law.

C. The Oklahoma Medical Marijuana Authority shall be

established which shall receive applications for medical marijuana

patient and caregiver license recipients, dispensaries, growers, and

processors within sixty (60) days of the passage of this initiative.

D. The Authority shall, within thirty (30) days of passage of

this initiative, make available on its website, in an easy-to-find

location, an application for a medical marijuana patient license.

The license shall be valid for two (2) years. The biannual

application fee shall be One Hundred Dollars ($100.00), or Twenty

Dollars ($20.00) for individuals on Medicaid, Medicare or

SoonerCare. The methods of payment shall be provided on the website

of the Authority. Reprints of the medical marijuana patient license

shall be Twenty Dollars ($20.00).

E. A short-term medical marijuana patient license application

shall also be made available on the website of the Authority. A

short-term medical marijuana patient license shall be granted to any

applicant who can meet the requirements for a two-year medical

marijuana patient license, but whose physician recommendation for

medical marijuana is only valid for sixty (60) days. Short-term

medical marijuana patient licenses shall be issued for sixty (60)

days. The fee for a short-term medical marijuana patient license,

reprints of the short-term medical marijuana patient license, and

the procedure for extending or renewing the license shall be

determined by the Executive Director of the Authority.

F. A temporary medical marijuana patient license application

shall also be made available on the website of the Authority for

residents of other states. Temporary medical marijuana patient

licenses shall be granted to any medical marijuana license holders

from other states, provided that such states have state-regulated

medical marijuana programs, and applicants can prove they are

members of such programs. Temporary medical marijuana patient
plication

shall also be made available on the website of the Authority for

residents of other states. Temporary medical marijuana patient

licenses shall be granted to any medical marijuana license holders

from other states, provided that such states have state-regulated

medical marijuana programs, and applicants can prove they are

members of such programs. Temporary medical marijuana patient

licenses shall be issued for thirty (30) days. The cost for a

temporary license shall be One Hundred Dollars ($100.00). Renewal

shall be granted with resubmission of a new application. No

additional criteria shall be required. Reprints of the temporary

medical marijuana patient license shall be Twenty Dollars ($20.00).

G. Medical marijuana patient license applicants shall submit

their applications to the Authority for approval. The applicant

shall be a resident of this state and shall prove residency by a

valid driver license, utility bills, or other accepted methods.

H. The Authority shall review the medical marijuana patient

license application; approve, reject, or deny the application; and

mail the approval, rejection, or denial letter stating any reasons

for rejection, to the applicant within fourteen (14) business days

of receipt of the application. Approved applicants shall be issued

Oklahoma Statutes - Title 63. Public Health and Safety Page 1101

a medical marijuana patient license which shall act as proof of his

or her approved status. Applications may only be rejected or denied

based on the applicant not meeting stated criteria or improper

completion of the application. If an application is rejected for

failure to provide required information, the applicant shall have

thirty (30) days to submit the required information for

reconsideration.

I. The Authority shall make available, both on its website and

through a telephone verification system, an easy method to validate

the authenticity of the medical marijuana patient license by the

unique twelve-character identification number and PDF417 barcode.

J. The Authority shall ensure that all medical marijuana

patient and caregiver records and information are sealed to protect

the privacy of medical marijuana patient license applicants.

K. A caregiver license shall be made available for qualified

caregivers of a medical marijuana patient license holder who is

homebound. As provided in Section 427.11 of this title, the

caregiver license shall provide the caregiver the same rights as the

medical marijuana patient licensee including the ability to possess

marijuana, marijuana products and mature and immature plants or

cultivated medical marijuana pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act, but excluding the ability to

use marijuana or marijuana products unless the caregiver has a

medical marijuana patient license. Applicants for a caregiver

license shall submit proof of the license status and homebound

status of the medical marijuana patient and proof that the applicant

is the designee of the medical marijuana patient. The applicant

shall also submit proof that he or she is eighteen (18) years of age

or older and proof of his or her state residency. This shall be the

only criteria for a caregiver license. A licensed caregiver shall

not cultivate medical marijuana for more than five medical marijuana

patient licensees and shall not charge a medical marijuana patient

licensee for cultivating medical marijuana in excess of the actual

costs incurred in cultivating the medical marijuana.

L. All applicants for a medical marijuana patient license shall

be eighteen (18) years of age or older. A special exception shall

be granted to an applicant under the age of eighteen (18); however,

these applications shall be signed by two physicians and the parent

or legal guardian of the applicant.

M. All applications for a medical marijuana patient license

shall be signed by an Oklahoma physician licensed by and in good
marijuana patient license shall

be eighteen (18) years of age or older. A special exception shall

be granted to an applicant under the age of eighteen (18); however,

these applications shall be signed by two physicians and the parent

or legal guardian of the applicant.

M. All applications for a medical marijuana patient license

shall be signed by an Oklahoma physician licensed by and in good

standing with the State Board of Medical Licensure and Supervision,

the State Board of Osteopathic Examiners, or the Board of Podiatric

Medical Examiners. There are no qualifying conditions. A medical

marijuana patient license shall be recommended according to the

accepted standards a reasonable and prudent physician would follow

when recommending or approving any medication. No physician may be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1102

unduly stigmatized, penalized, subjected to discipline, sanctioned,

reprimanded or harassed for signing a medical marijuana patient

license application, provided the physician acted in accordance with

the provisions of this subsection and all other rules governing the

medical license of the physician in this state.

N. Counties and cities may enact medical marijuana guidelines

allowing medical marijuana patient license holders or caregiver

license holders to exceed the state limits set forth in subsection A

of this section.

Added by Section 1, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.