A. A person in possession of a state issued medical marijuana license shall be able 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 (6) mature marijuana plants;
4. Legally possess six (6) seedling plants;
5. Legally possess one (1) ounce (28.3 grams) of concentrated marijuana;
6. Legally possess seventy-two (72) ounces (2037.6 grams) of edible marijuana; and
7. Legally possess up to eight (8) ounces (226.4 grams) of marijuana in their residence.
B. Possession of up to one and one-half (1.5) ounces of (42.45 grams) marijuana by persons who can state a medical condition, but are not in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with a fine not to exceed Four Hundred Dollars ($400.00).
C. A regulatory office shall be established under the State Department of Health which shall receive applications for medical license recipients, dispensaries, growers and packagers within sixty (60) days of the passage of this initiative.
D. The State Department of Health shall, within thirty (30) days of passage of this initiative, make available on the Department's website, in an easy to find location, an application for a medical marijuana license. The license shall be valid for two (2) years, and the 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 Department's website.
E. A temporary license application shall also be made available on the State Department of Health website. A temporary medical marijuana license shall be granted to any medical marijuana license holder from other states, provided that the state has a state regulated medical marijuana program, and the applicant can prove they are a member of such program. Temporary 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.
F. Medical marijuana license applicants shall submit their application to the State Department of Health for approval. The applicant shall be an Oklahoma state resident and shall prove residency by a valid driver license, utility bills, or other accepted methods.
G. The State Department of Health shall review the medical marijuana application, approve or reject the application, and mail the applicant's approval or rejection letter, stating any reasons for rejection, to the applicant within fourteen (14) business days of receipt of the application. Approved applicants shall be issued a medical marijuana license which shall act as proof of their approved status. Applications may only be rejected based on the applicant not meeting stated criteria or improper completion of the application.
H. The State Department of Health shall only keep the following records for each approved medical license:
1. A digital photograph of the license holder;
2. The expiration date of the license;
3. The county where the card was issued; and
4. A unique twenty-four-character identification number assigned to the license.
I. The State Department of Health shall make available, both on the Department's website and through a telephone verification system, an easy method to validate a medical marijuana license holder's authenticity by the unique twenty-four-character identifier.
J. The State Department of Health shall ensure that all application records and information are sealed to protect the privacy of medical marijuana license applicants.
K. A caregiver license shall be made available for qualified caregivers of a medical marijuana license holder who is homebound. The caregiver license shall give the caregiver the same rights as the medical marijuana license holder. Applicants for a caregiver license shall submit proof of the medical marijuana license holder's license status and homebound status, proof which they are the designee of the medical marijuana license holder, proof that the caregiver is age eighteen (18) or older, and proof the caregiver is an Oklahoma resident. This shall be the only criteria for a caregiver license.
L. All applicants shall be eighteen (18) years 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 (2) physicians and the applicant's parent or legal guardian.
M. All applications for a medical marijuana license shall be signed by an Oklahoma physician licensed by and in good standing with the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners. There are no qualifying conditions. A medical marijuana 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 unduly stigmatized or harassed for signing a medical marijuana license application.
N. Counties and cities may enact medical marijuana guidelines allowing medical marijuana license holders or caregivers to exceed the state limits set forth in subsection A of this section.
Added by § 1 of State Question No. 788, Initiative Petition No. 412, adopted at election held June 26, 2018, eff. July 26, 2018. Amended by Laws 2019, c. 158, § 1, eff. Nov. 1, 2019; Laws 2019, c. 312, § 2, emerg. eff. May 7, 2019.
Structure Oklahoma Statutes
Title 63. Public Health and Safety
§63-1-102. Definitions of terms used in Code.
§63-1-103. State Board of Health created.
§63-1-103a. Short title - Oklahoma Public Health Advisory Council Modernization Act.
§63-1-103a.1. Public Health Advisory Councils.
§63-1-104. State Commissioner of Health – Powers and duties.
§63-1-105. State Department of Health created.
§63-1-105a. Liability insurance for certain employees.
§63-1-105b. Soliciting residents for nursing care facilities.
§63-1-105c. Conflicts of interest.
§63-1-105d. Tobacco Prevention and Cessation Revolving Fund.
§63-1-105e. Duties of Department of Health.
§63-1-105f. Office of Accountability Systems.
§63-1-106. State Commissioner of Health - Qualifications - Powers and duties.
§63-1-106.1. Fee schedule for licenses, permits and other health services.
§63-1-106.2. Uniform application to be used in credentialing process.
§63-1-106.3. Oklahoma Food Service Advisory Council
§63-1-106.4. Chief Medical Officer.
§63-1-107. Public Health Special Fund.
§63-1-107.1A. Eldercare Revolving Fund.
§63-1-107.2. Vaccine Revolving Fund.
§63-1-107.3. Health Department Media Campaign Revolving Fund.
§63-1-107.4. Oklahoma Department of Health Civil Monetary Penalty Revolving Fund.
§63-1-108. Federal funds - Grants and donations.
§63-1-109. Right to choose practitioner.
§63-1-110.1. Children First Fund.
§63-1-114.1. Comprehensive Childhood Lead Poisoning Prevention Program.
§63-1-114.2. Dental Health Service.
§63-1-117. Legislative findings - Intent.
§63-1-118. Division of Health Care Information - Powers and duties.
§63-1-119. Collection of health care data.
§63-1-120. Confidentiality of data - Disclosure upon court order - Immunity from liability.
§63-1-132.1. Office of the State Coordinator for Health Information Exchange.
§63-1-201. County board of health - Membership.
§63-1-202. County board of health - Powers and duties.
§63-1-203. County superintendent of health - Appointment - Compensation.
§63-1-204. County superintendent of health - Powers and Duties.
§63-1-206. Functions of health departments.
§63-1-206.1. Nonphysician services - Fees - Agreements to provide services - Disposition of funds.
§63-1-207. Cooperative departments of health - Agreements for.
§63-1-208. Funds for operation of health departments.
§63-1-208.1. Regional guidance centers and services.
§63-1-209. Cities and towns - Health authorities - Licensing and Inspection - Ordinances.
§63-1-210. City-county board of health in certain counties - Membership.
§63-1-211. Organization - Meetings - Compensation.
§63-1-212. Powers and duties of city - county board of health.
§63-1-212.1. Peace officer certificates for certain employees.
§63-1-213. Board of county commissioners - Rules and regulations - Fees.
§63-1-215. Duties of director of city-county health department.
§63-1-216. Agreements with other municipalities, agencies and organizations.
§63-1-217. Fees - Disposition.
§63-1-218.1. Travel expenses - Reimbursement - Payment by credit card.
§63-1-222.1. Governing boards - Membership - Tenure.
§63-1-222.2. Duties of governing boards.
§63-1-222.3. Support of programs.
§63-1-222.4. Screening of minors to avoid duplication of services.
§63-1-223. Constitutional levy for health department.
§63-1-224. Election on constitutional levy.
§63-1-225. Repeal of constitutional levy.
§63-1-226. Annual budget for health department.
§63-1-227. Short title - Intent of Legislature - Office of Child Abuse Prevention created.
§63-1-227.2. Power and duties of Office of Child Abuse Prevention.
§63-1-227.3. Comprehensive state plan for prevention of child abuse and neglect.
§63-1-227.6. Funding of child abuse prevention programs.
§63-1-227.7. Director of Office of Child Abuse Prevention - Power and duties.
§63-1-227.8. Child Abuse Prevention Fund.
§63-1-227.9. Child Abuse Training and Coordination Council.
§63-1-229.3. Tobacco Use Reduction Fund.
§63-1-229.7. Retention of unexpended appropriated funds.
§63-1-229.8. Contractor reports – Report to Governor and Legislature.
§63-1-229.11. Short title - Prevention of Youth Access to Tobacco Act.
§63-1-229.15. Signs in retail establishments required – Fines.
§63-1-229.16. Notice to retail employees - Signed acknowledgement.
§63-1-229.17. Vending machine sales restricted.
§63-1-229.20. Regulation by agencies or political subdivisions restricted.
§63-1-229.22. Enforcement of Act by ABLE Commission.
§63-1-229.23. Municipalities to furnish information to ABLE Commission.
§63-1-229.24. Distribution of administrative fines to municipalities.
§63-1-229.25. Certain other penalties authorized by law not excluded.
§63-1-229.29. Retail sale of alcoholic beverages or low-point beer – Posting of signs – Penalty.
§63-1-229.31. Enforcement of act - Enlistment of persons under 21 years of age.
§63-1-229.32. Other penalties authorized by law not excluded.
§63-1-229.33. Prevention of Youth Access to Alcohol Revolving Fund.
§63-1-229.34. Hired bus or limousine service.
§63-1-229.35. Vapor manufacturers to attest to applying for or receiving a marketing order.
§63-1-231. Short title - Purpose.
§63-1-232. Statewide program to promote health care.
§63-1-233. Providers as state employees - Protection from liability - Employment contracts.
§63-1-233.1. Short title - Ava's Law – Information to be provided to pregnant individuals.
§63-1-234.1. Breast-feeding – Declaration as right.
§63-1-237.1. Postponing Sexual Involvement for Young Teens program.
§63-1-242. Short title - Maternal Mortality Review Act.
§63-1-242.2. Maternal Mortality Review Committee.
§63-1-242.3. Investigation – Subpoena for production of records.
§63-1-242.4. Composition and structure of Committee.
§63-1-243. Requirements concerning perinatal mental health disorders.
§63-1-260.2. Purposes of act – Duties of Board of Health and Department of Health.
§63-1-260.4. Osteoporosis prevention and awareness.
§63-1-270. Plan for statewide coordinated system of care for stroke.
§63-1-270.2. Human embryo – Stem cell research – Reporting system.
§63-1-280.1. Sooner Start program treatment of autism spectrum disorders - Funding - Contracts.
§63-1-280.3. Outreach program providing intensive behavioral intervention for children with autism.
§63-1-290.2. Registered nurses - Physician-approved protocols.
§63-1-290.3. Construction of act - Severability.
§63-1-291.1. Short title-Oklahoma Veterans Brain Injury Treatment and Recovery Act of 2014.
§63-1-291.2. Hyperbaric oxygen treatment defined.
§63-1-291.3. Veterans Traumatic Brain Injury Treatment and Recovery Revolving Fund.
§63-1-291.6. Payment of treatment costs.
§63-1-302. Rules and regulations.
§63-1-303. System of vital statistics.
§63-1-304. State Commissioner of Health - Duties.
§63-1-311. See the following versions:
§63-1-311.1. Obtaining social security numbers for live births and deaths.
§63-1-311v1. Birth certificates - Filing - Contents - Surrogates.
§63-1-311v2. Birth certificates - Filing - Contents - Surrogates.
§63-1-312. Infant of unknown parentage.
§63-1-313. Delayed birth certificate.
§63-1-314. Delayed death certificate.
§63-1-315. Judicial proceeding for record of birth.
§63-1-316. New certificate of birth.
§63-1-316a. Heirloom birth certificates.
§63-1-316b. Short title - Death Certificate Accuracy Act.
§63-1-317. See the following versions:
§63-1-317a. Electronic capture of death certificate.
§63-1-317b. List of all registered deaths of residents indicated as veterans on death record.
§63-1-317c. Confidentiality and disclosure – Construction with Section 1-323.
§63-1-317d. Sudden unexplained infant death investigation (SUIDI).
§63-1-317v1. Death certificate - Filing - Contents.
§63-1-317v2. Death certificate - Filing - Contents.
§63-1-318. Fetal death certificate - Filing - Contents.
§63-1-318.1. MISSing Angels Act – Christopher and Kendall’s Law.
§63-1-318.2. Certificate of birth for stillborn child.
§63-1-319. Disinterment Permit - Notice of Disinterment and Reinterment.
§63-1-320. Extension of time to file certificate.
§63-1-321. Amendment of certificate or record.
§63-1-322. Copies of records - Certification.
§63-1-323. Vital statistics records confidential – Exceptions – Online public index.
§63-1-323.1. Notification system for identifying missing children.
§63-1-324. Certified copies of records - Evidentiary value.
§63-1-324.1. Birth, death or stillbirth certificates - Prohibited acts - Penalties.
§63-1-324.2. Unlawful acts - Penalties.
§63-1-325. Fees for certified copies of records - Noncollectible drafts - Enlistees.
§63-1-326. Inmates of institutions - Records - Deaths.
§63-1-327. Information concerning birth or death.
§63-1-329.1. Cremation - Burial at sea - Bodies for pathologic study - Disposal permits.
§63-1-334. Marriage and divorce – Nonidentifiable aggregate data.
§63-1-402. Examinations for tuberculosis.
§63-1-403. Exposure to tuberculosis.
§63-1-405. Freedom to choose treatment.
§63-1-409. Reciprocal agreements.
§63-1-410. Hospitalization and treatment.
§63-1-450. Oklahoma Plan for Comprehensive Treatment of Chronic Obstructive Pulmonary Disease Act.
§63-1-502. Rules and regulations.
§63-1-502.1. Communicable diseases - Universal precautions - Rules and regulations - Risk exposure.
§63-1-502.4. Notice to funeral director or embalmer of communicable disease.
§63-1-503. Reports of disease.
§63-1-504. Quarantine - Violation of quarantine unlawful - Injunctive relief.
§63-1-505. Removal of diseased persons authorized.
§63-1-506. Permission for removal of diseased persons.
§63-1-507. Schools - Attendance of diseased pupils.
§63-1-508. Animals - Quarantine.
§63-1-509. Inflammation of eyes of newborn infants.
§63-1-510. Required eye treatment of infant - Exemption.
§63-1-515. Pregnant women - Tests for syphilis.
§63-1-515.1. Physicians attending upon pregnant females – Blood sample.
§63-1-516. Reports - Blood tests for syphilis.
§63-1-518. Report and treatment of disease.
§63-1-520. False discharge from treatment - Penalty.
§63-1-521. Treatment by person not a physician.
§63-1-522. Treatment without prescription.
§63-1-526. Rules and regulations.
§63-1-527. Reports of a sexually transmitted infection.
§63-1-528. Sexually transmitted infection cases - Instructions - Notification.
§63-1-529. Investigations by health officers.
§63-1-530. Protection against spread of infection.
§63-1-531. Certificates of freedom from infection.
§63-1-532. Publicity of information and reports.
§63-1-532.1. Minor's consent to examination and treatment for sexually transmitted infections.
§63-1-533. See the following versions:
§63-1-534.2. State Plan for the Prevention and Treatment of AIDS - Contents.
§63-1-539.1. Short title - Definitions.
§63-1-539.2. Needlestick Injury Prevention Committee – Appointments – Powers and duties.
§63-1-539.3. Uniform rules to be promulgated by certain state agencies.
§63-1-540. Information campaign on DES.
§63-1-541. Registry of persons who took DES.
§63-1-542. Report of findings and recommendations.
§63-1-543. Short title - Screening for detection of congenital or acquired hearing loss.
§63-1-543.3. Grand funding for sickle cell disease.
§63-1-545. Publication of results - Release of information.
§63-1-546.1. Short title – Legislative findings.
§63-1-546.5. District attorney multidisciplinary teams - Appropriate dispositions.
§63-1-550.2. Birth defects surveillance program.
§63-1-550.3. Record of Infants Born Exposed to Alcohol and Other Harmful Substances.
§63-1-550.4. Short title – Fayelen's Law.
§63-1-550.5. Birthing facility – Pulse oximetry screening.
§63-1-552. Investigations and other actions - Compilation and evaluation of information.
§63-1-553. Bone marrow donation program.
§63-1-553.1. Mammography reports – Breast density classification.
§63-1-554. Oklahoma Breast and Cervical Cancer Act.
§63-1-556. Contract review and recommendation.
§63-1-557. Breast and Cervical Cancer Act Revolving Fund.
§63-1-558. State income tax return check-off.
§63-1-559. Belle Maxine Hilliard Breast and Cervical Cancer Treatment Revolving Fund.
§63-1-559.2b. Legislative findings.
§63-1-559.2c. Obesity reduction programs - Department duties - Rules.
§63-1-563. Genetic counselors - License required.
§63-1-564. Requirements for licensure - Issuance of temporary license.
§63-1-565. Requirements for temporary licensure - Term of license.
§63-1-566. Exceptions to licensure requirement.
§63-1-567. Continuing education requirements.
§63-1-569. Licensure requirements - Rules.
§63-1-570. Genetic Counseling Licensure Revolving Fund.
§63-1-575. Short title - Courtney's Law – Information for chromosomal disorders.
§63-1-604. Transfer of General Hospital to City of Clinton.
§63-1-605. Unexpended appropriations - Continuance.
§63-1-702. Licenses required - Practice of healing arts or medicine
§63-1-702c. Enhanced reimbursement program for services provided to Medicare beneficiaries.
§63-1-702e. Uncompensated Care Equalization Revolving Fund.
§63-1-703. Licenses - Application - Evidence of qualifications.
§63-1-704. Licenses - Fees - Duration - Posting.
§63-1-706. Licenses - Issuance, suspension and revocation.
§63-1-706.11. Recognition of Center as resource to state's emergency medical services system.
§63-1-706.12. Purposes of Center.
§63-1-706a. Short title - No Patient Left Alone Act.
§63-1-707. Rules and standards – Oklahoma Hospital Advisory Council.
§63-1-707a. Staff privileges - Applications - Psychologists.
§63-1-707b. Granting of staff privileges - Criteria.
§63-1-709. Information confidential.
§63-1-711. Survey and inventory of hospitals and health centers.
§63-1-713. Standards of United States Surgeon General to be followed - Reports.
§63-1-719. Bonds of counties, cities and towns.
§63-1-722. Electronic- or computer-generated signatures of physician.
§63-1-723. Primary Health Care Development Revolving Fund.
§63-1-723.2. Discount program for qualified self-pay patients - Defense in collection action.
§63-1-724. Health centers – Contracts, donations, and grants.
§63-1-725.1. Short title - Transparency in Health Care Prices Act.
§63-1-725.3. Publicly available prices for common services.
§63-1-725.4. Prices required for certain services.
§63-1-725.5. Agency review of prices prohibited.
§63-1-728c. Prohibits employer discrimination - Applicable circumstances.
§63-1-728d. No requirement to admit patients - Employee refusal to participate and immunity.
§63-1-728e. Discrimination - Circumstances - Prohibitions.
§63-1-728f. Ability to sue - Damages.
§63-1-729.1. Physician presence for abortion-inducing drugs.
§63-1-729.2. Violation of act - Penalties.
§63-1-729.3. Civil actions - Damages and injunctive relief - Civil contempt.
§63-1-729.4. Anonymity of woman upon whom abortion is performed.
§63-1-729.5. Immunity from civil action.
§63-1-729.6. Interpretation of act.
§63-1-729.7. Severability of act.
§63-1-729a. Sale or distribution of RU-486.
§63-1-731. Persons who may perform abortions - Violations.
§63-1-731.2. Prohibiting certain abortions - Penalties.
§63-1-731.3. Detectable heartbeat – Abortion prohibited.
§63-1-731.4. Abortion prohibited – Exception - Penalties.
§63-1-732. Viable fetus - Grounds to abort - Procedure.
§63-1-733. Self-induced abortions.
§63-1-734. Live-born fetus - Care and treatment.
§63-1-735. Sale of child, unborn child or remains of child - Experiments.
§63-1-736. Hospitals - Advertising of counseling to pregnant women.
§63-1-737. Hospitals which may perform abortions.
§63-1-737.4. Required signage in abortion facilities.
§63-1-737.5. Failure to post signage in abortion facilities – Fine – Cause of action.
§63-1-737.6. Orally inform minors in abortion facilities – Minor certification.
§63-1-737.7. Short title - Oklahoma Unborn Child Protection from Dismemberment Abortion Act.
§63-1-737.9. Unlawful dismemberment abortions - Exceptions.
§63-1-737.10. Injunctive relief.
§63-1-737.11. Civil damages action.
§63-1-737.14. Disclosure of identity.
§63-1-737.15. Limitations of act.
§63-1-738.3. Print and online information - Requirements.
§63-1-738.3f. Civil actions - Damages.
§63-1-738.3g. Reasonable costs and attorney fees.
§63-1-738.3h. Identity of woman upon whom abortion performed - Disclosure.
§63-1-738.3i. Statute of limitations.
§63-1-738.3j. Interpretation of act.
§63-1-738.3k. Severability of act.
§63-1-738.4. Medical emergency abortions – Physician's judgment – Patient's right to information.
§63-1-738.5. Disciplinary action.
§63-1-738.9. Use of anesthetic or analgesic to eliminate or alleviate pain - Notice.
§63-1-738.11. Web site, development and maintenance.
§63-1-738.12. Medical emergency abortion - Notice of medical indications.
§63-1-738.14. Violation of Act - Penalties.
§63-1-738.15. Failure to comply with Act or issue public report - Civil liability.
§63-1-738.17. Severability of provisions.
§63-1-738i. Statistical Abortion Reporting Act.
§63-1-738j. Individual Abortion Form - Submission of abortion statistics.
§63-1-738k. Posting of Individual Abortion Form - Notice - Sample form.
§63-1-738l. Complications of Induced Abortion Report - Sample form.
§63-1-738o. Authority to intervene by right.
§63-1-738p. Judicial order restraining or enjoining Statistical Abortion Reporting Act.
§63-1-738q. Injucntion or restraining orders – Enforcement of provisions.
§63-1-740. Abortion on minor without parental consent or knowledge - Liability.
§63-1-740.2. Consent of parent - Requirements - Exceptions - Forms.
§63-1-740.2A. Evaluation and counseling session.
§63-1-740.4. Illegal abortion on unemancipated minor - Criminal and civil liability.
§63-1-740.4b. Unlawful acts - Defense - Civil action - Consent.
§63-1-740.6. Enjoinder, suspension, or delay of act.
§63-1-740.12. Alternatives-to-Abortion Services Revolving Fund.
§63-1-740.14. Injunctions or restraining orders – Enforcement of provisions.
§63-1-740.15. Short title - Choosing Childbirth Act.
§63-1-740.17. Department of Health grants to private organizations for services.
§63-1-740.18. Grant supervising entity.
§63-1-741. Abortions - Refusal to perform or participate - Exemptions.
§63-1-741.12. Wrongful life or wrongful birth action - Damages.