§ 420. Medical marijuana license--Permissions--Application--Caregiver license
Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: May 28, 2021 to April 25, 2024
Effective: May 28, 2021 to April 25, 2024
63 Okl.St.Ann. § 420
§ 420. Medical marijuana license--Permissions--Application--Caregiver license
<Text as amended by Laws 2019, c. 477, § 5, Laws 2020, c. 161, § 44, and Laws 2021, c. 584, § 1. See also, text as amended by Laws 2019, c. 158, § 1, and Laws 2019, c. 312, § 2, and text as amended by Laws 2019, c. 477, § 5, Laws 2020, c. 161, § 44, Laws 2021, c. 553, § 1, and Laws 2022, c. 251, § 1.>
B. Possession of up to one and one-half (1.5) ounces of 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 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 the person upon personal recognizance unless there has been a violation of another provision of law.
D. The State Department of Health 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 license. The license shall be good for two (2) years. 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 website of the Department.
E. A short-term medical marijuana license application shall also be made available on the website of the State Department of Health. A short-term medical marijuana license shall be granted to any applicant who can meet the requirements for a two-year medical marijuana license, but whose physician recommendation for medical marijuana is only valid for sixty (60) days. Short-term medical marijuana licenses shall be issued for sixty (60) days. The fee for a short-term medical marijuana license and the procedure for extending or renewing the license shall be determined by the Department.
F. A temporary license application shall also be made available on the website of the Department. 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 he or she is 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.
H. The State Department of Health shall review the medical marijuana application, approve or reject the application, and mail the 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 his or her approved status. Applications may only be rejected based on the applicant not meeting stated criteria or improper completion of the application.
L. A caregiver license shall be made available for qualified caregivers of a medical marijuana 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,1 but excluding the ability to use marijuana or marijuana products unless the caregiver has a medical marijuana patient license. An applicant 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 Oklahoma 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.
N. All applications for a medical marijuana license shall be signed by an Oklahoma physician. There are no qualifying conditions. A medical marijuana license must 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, penalized, subjected to discipline, sanctioned, reprimanded or harassed for signing a medical marijuana 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.
Credits
State Question No. 788, Initiative Petition No. 412, § 1, adopted at election held on June 26, 2018; Laws 2019, c. 477, § 5; Laws 2020, c. 161, § 44, emerg. eff. May 21, 2020; Laws 2021, c. 584, § 1, emerg. eff. May 28, 2021.
Footnotes
Title 63, § 427.1 et seq.
63 Okl. St. Ann. § 420, OK ST T. 63 § 420
Current with emergency effective legislation through Chapter 257 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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