One of the beauties of Oklahoma’s medical marijuana program is that it allows licensed patients and caregivers to grow marijuana. But those rights have some restrictions, said Tulsa medical marijuana attorney Stephen Cale.
The following is a general overview for educational purposes only and is not legal advice. Laws and regulations change often. So, if you need legal services for your Oklahoma medical marijuana business or for personal use, contact an attorney.
1. Who Can Grow Their Own Medical Marijuana For Self Use
In Oklahoma, you must be a licensed patient to legally grow marijuana for your own use.
“Licensed patient” or “patient” means a person who has been issued a medical marijuana patient license by the State Department of Health or Oklahoma Medical Marijuana Authority.
–Title 63, Section 427.2(25), Oklahoma Medical Marijuana and Patient Protection Act
2. Where A Patient Or Caregiver May Grow Marijuana
The Oklahoma Medical Marijuana and Patient Protection Act places some restrictions on where a patient and caregiver may grow marijuana.
Medical marijuana grown by medical marijuana patient or caregiver license holders may only be grown:
• On real property owned by the patient or caregiver; or
• On real property for which the patient or caregiver has the property owner’s written permission to grow marijuana on the property. An example of this is where a landlord gives a patient tenant permission to grow marijuana at a rental property. Another example is where a landowner gives a patient written permission to grow marijuana (for the patient’s use) on the landowner’s property.
3. Amount Of Marijuana And Marijuana Product A Patient And Caregiver May Possess
Oklahoma medical marijuana law spells out how much marijuana a patient and caregiver may possess. And while “marijuana product” isn’t grown, the law also sets out how much of it a patient and caregiver can possess.
“Medical marijuana product” or “product” means a product that contains cannabinoids that have been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a qualified patient including, but not limited to, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids, and forms administered by a nebulizer, excluding live plant forms which are considered medical marijuana.”
–Title 63, Section 427.2(36), Oklahoma Medical Marijuana and Patient Protection Act
A caregiver may possess the same amount of marijuana and marijuana product as a patient. A patient may possess a total of:
• Up to three (3) ounces (84.9 grams) of marijuana on their person.
• Six (6) mature marijuana plants.
• Six (6) seedling plants.
• One (1) ounce (28.3 grams) of concentrated marijuana.
• Seventy-two (72) ounces (2037.6 grams) of edible marijuana.
• Up to eight (8) ounces (226.4 grams) of marijuana in their residence.
“Mature plant” means a harvestable female marijuana plant that is flowering.
“Flowering” means the reproductive state of the marijuana or cannabis plant in which there are physical signs of flower or budding out of the nodes of the stem.
“Seedling” means a marijuana plant that has no flowers. –Title 63, Sections 427.2(17), (30), Oklahoma Medical Marijuana and Patient Protection Act, and Oklahoma Administrative Code, Title 310, Chapter 681-1-4.
4. Restrictions On Accessibility And Visibility Of A Patient’s Or Caregiver’s Grow
Patients and caregivers must grow marijuana in such a way that a member of the general public cannot access it.
Also, marijuana plants cannot be visible from any street next to the property. Under the law, the term “visible” means “viewable by a normal person with 20/20 eyesight without the use of any device to assist in improving viewing distance or vantage point.”
(See Title 63, Section 427.12 of the Oklahoma Medical Marijuana and Patient Protection Act).
5. Broad Rights Of A Caregiver
The Oklahoma Medical Marijuana and Patient Protection Act gives caregivers some broad rights, Cale said.
Standing in the shoes of a patient: Under a specific section of the Act, a caregiver license gives the caregiver the “same rights as the medical marijuana patient licensee, including the ability to possess marijuana, marijuana products, and mature and immature plants” as allowed by the Act.
However, the caregiver cannot use marijuana or marijuana products unless the caregiver has a patient license.
Delivery Allowed: Caregivers may also deliver marijuana or marijuana product to their authorized patients.
About Stephen Cale
“Caregiver” means a family member or assistant who regularly looks after a medical marijuana license holder whom a physician attests needs assistance.
–Title 63, Section 427.2(5) Oklahoma Medical Marijuana and Patient Protection Act
Tulsa medical marijuana attorney Stephen Cale is the founder of Cale Law Office. He has been serving people with legal needs for more than 21 years.
Cale works with a number of marijuana-related organizations. He is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). Additionally, he serves on the board of Green Country NORML, a Tulsa chapter of NORML, as well as the board for OK4U Approved.
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