Tag: marijuana

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

Busted for marijuana?

Don’t panic!

Call Urbanic.®

Oklahoma marijuana attorney Frank Urbanic – 405-633-3420

Marijuana Definition Changed – 2017 Oklahoma Laws #18

Posted by Frank Urbanic on

oklahoma marijuanaThe 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:

  1. The mature stalks of such plant or fiber produced from such stalks;
  2. Oil or cake made from the seeds of such 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 which 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 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
  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 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.

Sources: HB 1559 & 63 O.S § 2-101

Arrested for possession of marijuana?

Don’t panic!

Call Urbanic.®

405-633-3420

New Oklahoma laws in 2016 Part IV – Reduction of mandatory minimums for drug offenses

Posted by Frank Urbanic on

HB 2479 reduces the mandatory minimum sentences for first and second felony drug possessions and lowers the maximum sentence for all felony drug possession charges.

The previous minimum for first-time possession of Schedule I and II drugs (except marijuana) was two years. On November 1, 2016, there will be no mandatory minimum for first-time possession of those drugs. A second violation for possession of those substances changes from 4–20 years to a maximum of ten years. This bill added the following category: a third or subsequent violation for possession of those substances will be 4–15 years. The fine for the third or subsequent violation will be up to $10,000.  The fine of up to $5,000 remains the same for the first possession conviction, and the fine of $10,000 remains the same for the second possession conviction.

Punishment for possession of a Schedule III, IV, or IV substance and marijuana during any probationary term or within 10 years following the completion of the execution of the execution of any sentence or deferred judgement for a drug violation changes from 2–10 years to 1–5 years.

And, in one subsection, it changes the spelling of marihuana to marijuana.

The entire text of the bill can be found here: http://webserver1.lsb.state.ok.us/cf_pdf/2015-16%20ENR/hB/HB2479%20ENR.PDF.

If you or anyone you know has been charged with a drug crime in Oklahoma, call The Urbanic Law Firm at 405-633-3420.