Tag: 2018

Hemp Is Legal – 2018 Oklahoma Laws #4

Posted by Frank Urbanic on

Growing hemp is now legal in Oklahoma when grown pursuant to the Oklahoma Industrial Hemp Agricultural Pilot Program. This law sets up various rules for the growing of hemp in Oklahoma. Previously, industrial hemp could only be shipped to Oklahoma for certain purposes. The official definition of marijuana has changed to exclude hemp grown under the Program.

 

New Definition of Marijuana in Oklahoma

Marijuana means:Oklahoma industrial hemp

  1. all parts of the plant Cannabis sativa L., whether growing or not;
  2. the seeds of that plant;
  3. the resin extracted from any part of that plant;
  4. and every compound, manufacture, salt, derivative, mixture, or preparation of that plant, its seeds, or resin.

Marijuana does NOT include:

  1. The mature stalks of the Cannabis sativa L. plant or fiber produced from such stalks;
  2. Oil or cake made from the seeds of that plant, including cannabidiol derived from the seeds of the marijuana plant;
  3. 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;
  4. The sterilized seed of such plant that is incapable of germination
  5. 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,
  6. For any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in this state 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
  7. Any federal Food and Drug Administration-approved cannabidiol drug or substance, or
  8. 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 shall not be grown anywhere in the State of Oklahoma but may be shipped to Oklahoma pursuant to the provisions of 5 & 6 above.

Read More: https://www.urbanic.law/can-i-have-a-gun-if-i-have-a-medical-marijuana-license-in-oklahoma/

Reasons Hemp May be Shipped to Oklahoma

  1. 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 and
  2. 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 0.3% and that is delivered to the patient in the form of a liquid.

Industrial Hemp in Oklahoma

Industrial hemp means the plant Cannabis sativa L. and any part of the plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry-weight basis. You have to be a licensee in Oklahoma to grow industrial hemp. A licensee is a university or an institution of higher education located in Oklahoma that holds a valid Industrial Hemp License to grow industrial hemp under the Oklahoma Industrial Hemp Agricultural Pilot Program. The licensee may adopt policies and procedures to subcontract with persons or other legal entities to carry out the purposes of the program. An Industrial Hemp License is authorization by the Department for any university or an institution of higher education in Oklahoma to grow and cultivate industrial hemp on a registered land area for research and development purposes as part of the Oklahoma Industrial Hemp Agricultural Pilot Program.

A licensee can:

  1. Engage in the growth and cultivation of industrial hemp from certified seeds for agricultural plant research and development purposes; and
  2. Engage in the growth and cultivation of industrial hemp from certified seeds for marketing development purposes.

The activities performed under the Oklahoma Industrial Hemp Agricultural Pilot Program will not subject people participating in the program to criminal liability under the Uniform Controlled Dangerous Substances Act. The exemption from criminal liability a limited exemption that willbe strictly construed and will not apply to an activity that is not expressly permitted under the Oklahoma Industrial Hemp Agricultural Pilot Program.

The Oklahoma Department of Agriculture, Food, and Forestry may deny, revoke, or suspend a license if the licensee:

  1. Violates any provision of the Oklahoma Industrial Hemp Agricultural Pilot Program or rules adopted pursuant to the program;
  2. Engages in fraud or deception in the procurement of or attempt to procure a license under this Oklahoma Industrial Hemp Agricultural Pilot Program or provides false information on a license application;
  3. Refuses or fails to cooperate and assist the Department with the inspection process;
  4. Refuses or fails to provide any information required or requested by the Department for purposes of the Oklahoma Industrial Hemp Agricultural Pilot Program;
  5. Knowingly provides false, misleading or incorrect information pertaining to the licensee’s cultivation of industrial hemp to the Department by any means, including information provided in any application form, report, record, or inspection required or maintained for purposes of the Oklahoma Industrial Hemp Agricultural Pilot Program;
  6. Fails to submit any report required by the Oklahoma Industrial Hemp Agricultural Pilot Program; or
  7. Fails to pay fees required by the Oklahoma Industrial Hemp Agricultural Pilot Program.

If a sample of a licensee’s industrial hemp tests higher than 0.3% but less than 1% THC concentration, the licensee shall not be subject to any penalty under the Oklahoma Industrial Hemp Agricultural Pilot Program if the crop is destroyed or utilized on site in a manner approved of and verified by the Department.

These laws were enacted through HB 2913 and SB 1446. HB 2913 went into effect on April 23, 2018. SB 1446 went into effect on November 1, 2018.

Sources: HB 2913, SB 1446, 63 O.S. § 2-101, 2 O.S. § 3-403, 2 O.S. § 3-402, & 2 O.S. § 3-408

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Medical Marijuana – 2018 Oklahoma Laws #3

Posted by Frank Urbanic on

smoking medical marijuana in oklahoma

On June 26, 2018, over 56% of Oklahoma voters for the least-restrictive medical marijuana law in the country. The law went into effect on July 26, 2018, and as early as November 2018, marijuana bud was for sale at dispensaries. It’s considered the least restrictive because there are no qualifying medical conditions. The conditions marijuana can be prescribed for are completely left up to the prescribing doctor. The law made significant changes to the punishment for marijuana possession.

Now, a person in possession of a state issued medical marijuana license may legally:

  1. Consume marijuana;
  2. Possess up to three ounces of marijuana on their person;
  3. Possess six mature marijuana plants;
  4. Possess six seedling plants;
  5. Possess one ounce of concentrated marijuana;
  6. Possess 72 ounces of edible marijuana; and
  7. Possess up to eight ounces of marijuana in their residence.

Furthermore, possession of up to 1.5 ounces of marijuana by anyone who can state a medical condition, but not in possession of a state issued medical marijuana license, constitutes a misdemeanor with a maximum fine of $400. Succinctly, if you don’t have a marijuana card and are caught by law enforcement with up to 1.5 ounces of weed and you can state a medical condition, then the worst punishment you can receive is a $400 fine–no jail time. Note the language “can state a medical condition.” It doesn’t say you must actually have that medical condition. So, theoretically, you can just say some random medical condition and you should be ok. I will be interesting to see how this plays out. Also, it does not say whom you must say the medical condition to. The police officer? The court? If you don’t immediately state one, then can you later go in front of a judge and say one? This is uncharted territory, so we simply don’t know how this language will ultimately be interpreted.

It will be interesting to see how this new “marijuana possession law for non-card holders” shakes out in relation to the statute that was changed by SQ 780 on July 1, 2017. That law says that (simple) possession of any controlled dangerous substance in Oklahoma can result in up to one year in jail and up to a $1,000 fine. It’s the expectation that someone who does not have a marijuana card and is not in possession of more than 1.5 ounces of weed will be charged under this new law. Some municipalities have already changed their marijuana possession punishment to become aligned with this new change in state law. It’s likely that more changes, such as changing the penalties for paraphernalia, will also soon follow.

This was a watershed moment for the country. We proved that the people want easily available medical marijuana–in one of the most conservative states in the country. If this law could be passed by Oklahoma voters, it could be passed anywhere. Just as the sky did not fall as the opponents of 780 (making simple possession of all drugs a misdemeanor) had predicted, the sky will not fall as opponents of this ballot measure predicted. I believe that after a few years of marijuana no longer being such a “big deal’ here, Oklahomans will easily legalize recreational marijuana.

Sources: SQ 788, 63 O.S. § 420A, 63 O.S. § 2-402, Village formally reduces marijuana possession penalties in updated city code, OKC City Council Passes City Ordinance Concerning Marijuana, & Oklahoma Town Decriminalizes Marijuana With Ordinance Changes

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