New restrictions on Oklahoma medical marijuana patients and caregivers will go into effect in August 2019, said Tulsa medical marijuana attorney Stephen Cale. But the new law also gives caregivers additional rights than previously allowed.
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 Tulsa medical marijuana attorney Stephen Cale at 918-771-7314. The Cale Law Office offers a free initial consultation.
The Oklahoma Medical Marijuana and Patient Protection Act (House Bill 2612) is commonly referred to as the Unity Bill. Gov. Kevin Stitt signed the Unity Bill on March 14, 2019.
The law takes effect 90 days after the Legislature adjourns, which must occur by 5 p.m. May 31st. So, if the Legislature adjourns on that date, the law will take effect on Aug. 29, 2019.
Now, what do Oklahoma medical marijuana patients and caregivers need to know about the new changes? Let’s take a look.
1. RESTRICTIONS ON WHERE PATIENT MAY GROW MARIJUANA
“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
Oklahoma Medical Marijuana and Patient Protection Act (2019)
Medical marijuana grown by medical marijuana patient license holders 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 marijuana on the property .
2. RESTRICTIONS ON ACCESSIBILITY AND VISIBILITY OF A PATIENT’S GROW
Patients growing marijuana must do it in a way that a member of the general public cannot access it. Also, the plants cannot be visible from any street next to the property. Under the new law, “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.” So, if you’re a patient growing your own medical marijuana, you need to comply with these two requirements.
3. RESTRICTIONS ON EXTRACTING
Extraction separates the components of cannabis from the plant’s overall makeup. This process can produce desirable marijuana compounds such as CBD, CBG and THC, for example.
Under the Oklahoma Medical Marijuana and Patient Protection Act, no one may operate extraction equipment or an extraction process using butane, propane, carbon dioxide or “any potentially hazardous material” in a residential property.
4. WHAT A CAREGIVER CAN DO
Under the new Unity Bill law, the caregiver license provides the caregiver the following:
The same rights as the medical marijuana patient licensee. These rights include the ability to possess marijuana, marijuana products, and mature and immature marijuana plants pursuant to the Oklahoma Medical Marijuana and Patient Protection Act.
However, the caregiver cannot use marijuana or marijuana products unless the caregiver has a medical marijuana patient license.
Also, the new law authorizes caregivers to deliver marijuana and products to their authorized patients.
Caregivers may also possess medical marijuana and medical marijuana products up to the sum of the possession limits for the patients under his or her care as authorized by law. (See more about this below).
UPDATE: On May 28, 2021, Gov. Kevin Stitt signed HB1033, which imposed some limits for caregivers growing for patients. Specifically, the new law limits caregivers to five patients that they can grow for. Additionally, a caregiver who grows for a medical marijuana patient can’t charge the patient more than the “actual costs incurred in cultivating the medical marijuana.”
5. LIMITS ON WHERE A CAREGIVER MAY GROW
Similar to the restrictions for patient growers, all medical marijuana grown by a caregiver license holder 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 marijuana on the property. Also similar to patient growers, caregivers growing marijuana must do it in a way that a member of the general public cannot access it. Also, the plants cannot be visible from any street next to the property.
6. UNITY BILL’S CLARIFICATION ON AMOUNTS OF MARIJUANA AND MARIJUANA PRODUCT A PATIENT OR CAREGIVER CAN HAVE
Under present State Question 788 law, a patient can possess:
- Up to three (3) ounces of marijuana on their person;
- Six (6) mature marijuana plants;
- Six (6) seedling plants;
- One (1) ounce of concentrated marijuana;
- Seventy-two (72) ounces of edible marijuana; and
- Up to eight (8) ounces of marijuana in their residence.
The Oklahoma Medical Marijuana and Patient Protection Act clarifies that these limits are for both patients and caregivers, AND that the amounts are “cumulative.” That means a patient or caregiver could possess all of the amounts listed.
Here’s how that portion of the Unity Bill reads:
“The rights to possess the marijuana products set forth in Section 420 of Title 63 of the Oklahoma Statutes are cumulative and a duly licensed individual may possess at any one time the totality of the items listed therein and not be in violation of this act so long as the individual holds a valid patient license or caregiver license.”
Oklahoma Medical Marijuana and Patient Protection Act (2019)
WORKING WITH CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards. See a list of our medical marijuana business legal and auditing services. For your legal needs, call the Cale Law Office at 918-771-7314. Your initial consultation is free.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML) and has certification in marijuana horticulture.
He has been serving people with legal needs for 20 years. So, you’ll be getting a Tulsa medical marijuana attorney with experience.