Building a Standard for the Medical Marijuana Community

Patient Rights & Responsibilities

Patient Rights and Responsibilities

According to the Current OMMA Rules

https://omma.ok.gov/rules-regulations

Page 19–

310:681-2-8. Possession Limits 

(a) A patient who has been issued and is in possession of an OMMA medical marijuana license is legally authorized to: 

(1) Consume marijuana legally; 

(2) Legally possess up to three (3) ounces (84.9 grams) of marijuana on their person; 

(3) Legally possess six mature marijuana plants; 

(4) Legally possess six seedling plants; 

(5) Legally possess (1) ounce (28.3 grams) of concentrated marijuana; 

(6) Legally possess seventy-two (72) ounces (2,037.6 grams) of edible marijuana; and 

(7) Legally possess up to eight 

(8) ounces (226.4 grams)of marijuana in their residence. 

(b) These possession limits are cumulative and a licensed patient or caregiver may possess at one time the totality of the items listed in this Section. 

310:681-2-9. Prohibited acts and penalties 

(a) A licensed patient shall not sell or otherwise transfer any medical marijuana or medical marijuana products to another individual or entity. Intentional and impermissible diversion of medical marijuana or medical marijuana products by a licensed patient may result in, for a first offense, a fine of $200.00, and for a second offense, a fine of $500.00 and revocation of license upon a showing that the violation was willful or grossly negligent. 

(b) A licensed caregiver shall not sell or otherwise transfer any medical marijuana or medical marijuana products to any individual other than the licensed patient on whose behalf the caregiver is lawfully authorized to grow, possess, purchase or otherwise obtain said medical marijuana or medical marijuana products. Intentional and impermissible diversion of medical marijuana or medical marijuana products by a licensed caregiver may result in, for a first offense, a fine of $200.00, and for a second offense, a fine of $500.00 and revocation of license upon a showing that the violation was willful or grossly negligent. 

(c) All medical marijuana grown by medical marijuana patient license holders or caregivers may only be grown on real property owned by the patient license holder or on real property for which the patient license holder has the property owner’s written permission to grow medical marijuana on the property. The growth of medical marijuana in locations not permitted under this Subsection is prohibited. 

(d) Any and all medical marijuana grown by licensed patients or caregivers shall not be accessible to a member of the general public. 

(e) Any and all medical marijuana grown by licensed patients or caregivers shall not be visible from any street adjacent to the property. Medical marijuana is “visible” if it is viewable by a normal person with 20/20 eyesight without the use of any device to 20 assist in improving viewing distance or vantage point. 

(f) No licensed patient or caregiver shall operate or otherwise use any extraction equipment or processes utilizing butane, propane, carbon dioxide or any potentially hazardous material in or on residential property.

310:681-2-11. Restrictions on smokable medical marijuana and medical marijuana products 

All smokable, vaporized, vapable and e-cigarette medical marijuana and medical marijuana products smoked by a patient license holder are subject to the same restrictions for tobacco under Section 1-1521 et. seq. of Title 63 of Oklahoma statutes, commonly referred to as the ” Smoking in Public Places and Indoor Workplaces Act.” 

Page 51-52–

310:681-5-17. Entry to commercial establishments 

No minors under the age of eighteen(18) may enter commercial establishments unless the minor is a patient license holder accompanied by their parent or legal guardian. 

310:681-5-18. Prohibited acts 

(a) No commercial establishment shall allow the consumption of alcohol or the smoking or vaping of medical marijuana, or medical marijuana products on the premises. 

(c) No dispensary shall allow for or provide the delivery of medical marijuana or medical marijuana products to licensed patients or caregivers. 

(j) No licensee shall operate or otherwise use any extraction equipment or processes utilizing butane, propane, carbon dioxide or any potentially hazardous material in residential property. 

(k) Licensees shall only purchase, obtain, or otherwise accept the transfer of medical marijuana or medical marijuana products from an Oklahoma-licensed medical marijuana business. No licensee shall purchase medical marijuana or medical marijuana products from any unlicensed or out-of-state individual or entity.

Other FAQ and Patient Information– 

What if I have a CDL?

CDL holders are regulated by state and federal law. While medical marijuana has been legalized in Oklahoma, federal law does not make an exception for possession or use of medicinal marijuana by an individual with a CDL.  CDL holders are prohibited from failing a drug and alcohol test due to the fact they are in a “safety-sensitive” position. The U.S. Department of Transportation’s drug and alcohol testing regulations do not authorize medical marijuana use under a state law to be a valid medical explanation for a transportation employee’s positive drug test result. 

https://omma.ok.gov/surrender-of-license

Before traveling…

It is important for Patients to review the most up-to-date information for the jurisdiction(s) they will be visiting, as laws and regulations are subject to change. It is also important to remember that cannabis products cannot be taken out of the jurisdiction in which they were purchased.  Laws protecting patients vary from jurisdiction to jurisdiction and, in some cases, among counties within a state, but no matter what jurisdiction they live in, medical cannabis patients are always violating federal law when in possession of cannabis, which is federally classified as a Schedule I controlled substance. While many of the jurisdictions with medical cannabis programs offer some form of reciprocity to visiting medical cannabis patients, meaning they recognize the protections that have been granted to these patients by other jurisdictions, traveling across state lines with any amount of cannabis is also a federal crime. The federal government can prosecute a patient who is caught transporting cannabis across state lines for drug trafficking; this holds true even if the patient is transporting cannabis between two jurisdictions that have implemented medical cannabis programs. It also should be noted that several of the jurisdictions in which cannabis is legal have explicitly outlawed the importation and/or exportation of cannabis across their borders.

Travel info obtained from https://www.safeaccessnow.org/travel

Can I own, purchase or carry a firearm and have a medical cannabis license?

In March 2019, the oklahoma legislature passed the House Bill 2612, which specifically states that registered patients won’t be denied the right to own, purchase, or carry a firearm solely because they also hold a state-approved permit to use medical cannabis. The bill passed the legislature and was signed into law by Gov. Kevin Stitt on March 14, 2019.

The language in the new law states:

“A medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessories based solely on his or her status as a medical marijuana patient or caregiver licensee.”

https://omma.ok.gov/rules-regulations

https://www.sos.ok.gov/documents/legislation/57th/2019/1R/HB/2612.pdf

State and Government Property, including Government Housing

Marijuana (in any form) remains a controlled illegal substance under federal law.  Therefore, use and possession of medical cannabis on any state or government property is prohibited.

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