The definition of “marijuana” in Oklahoma no longer includes “any federal Food and Drug Administration-approved cannabidiol drug or substance.” Succinctly, CBD oil is not considered marijuana in Oklahoma.
Marijuana (or “marihunana” as the statute actually refers to it) is defined in Oklahoma as all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin. Marijuana does not include:
- The mature stalks of such plant or fiber produced from such stalks;
- Oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marijuana plant;
- Any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks, fiber, oil or cake;
- The sterilized seed of such plant which is incapable of germination;
- For any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Oklahoma law, a drug or substance approved by the federal Food and Drug Administration for use by those participants;
- For any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in Oklahoma that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) and that is delivered to the patient in the form of a liquid
- Any federal Food and Drug Administration-approved cannabidiol drug or substance; or
- Industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis which may not be grown anywhere in the State of Oklahoma but may be shipped to Oklahoma pursuant to Oklahoma law;
While this is a step in the right direction, it’s hardly enough to get Oklahoma where it needs to be with respect to marijuana. Oklahoma still considers the possession of marijuana to be illegal. Be careful if you’re in Oklahoma with marijuana! Law enforcement is still looking to arrest people for it.
HB 1559 amended 63 O.S § 2-101. It went into effect on November 1, 2017.