One of the main issues surrounding the CBD market is the lack of clarity regarding legality. The assumption is that the cannabinoid is legal, but that isn’t strictly true. The oft-mentioned 2018 Farm Bill only legalized the cultivation of industrial hemp with a maximum THC content of 0.3%. It did not legalize any specific cannabinoid.
Therefore, CBD is not federally permitted, and it remains in a state of legal flux. However, the vast majority of American states tolerate the cannabinoid at the very least. Only a handful of locations have clearly outlined an anti-CBD message. A few states have gone the other way and passed legislation that all but legalizes cannabidiol. Let’s see where Oklahoma lies when it comes to this complex legislative web.
What Are the Marijuana Laws in Oklahoma?
When Oklahoma banned cannabis in 1933, it was relatively late compared to other states. However, it stuck rigidly to the prohibition for over 80 years. While other states began to decriminalize the plant from the 1970s onward, Oklahoma doubled down on its strict penalties. It habitually sent cannabis ‘offenders’ to prison.
It was only relatively recently that attitudes changed in the state. In 2014, a group called Oklahomans for Health tried to get MMJ on the ballot. Although the attempt failed, it began a chain reaction that ultimately led to medical marijuana legalization. The first significant step was a bill that allowed CBD oil in 2015.
Further pro-cannabis groups tried to get enough signatures to put an MMJ measure on the ballot for 2016. While this new attempt was a success, the vote was pushed back to 2018. However, on June 26, 2018, 57% of Oklahomans voted ‘yes’ to State Question 788. It became the 30th state to legalize MMJ.
Within 18 months, over 7% of the entire state’s population had an MMJ card.
Residents of Oklahoma have embraced the program. Within 18 months, over 7% of the entire state’s population had an MMJ card. It is straightforward to get approved, and dispensaries offer outstanding deals. It is possible to get an ounce of high-quality cannabis for just $100!
With such a pro-marijuana sentiment in the state, surely there are no issues with CBD oil in Oklahoma? Before going any further, let’s see what happens if you’re caught using cannabis without an MMJ card.
Cannabis Penalties in Oklahoma
The possession of any amount without a medical marijuana card is a misdemeanor. A conviction could result in up to a year in prison. The sale or distribution of any amount is a felony with sentences ranging from two years to life! The punishment doubles if you sell to a minor or within 2,000 feet of schools, public housing, or public parks.
Growing any number of plants in Oklahoma is also a felony. You could receive between 20 years and life in jail!
In September 2018, the Oklahoma City Council decriminalized the possession of small amounts of cannabis. It reduced the penalty for simple possession to a fine of $400. It called for the state government to follow suit, but it has yet to do so.
Is CBD Oil Permitted in Oklahoma?
The answer is ‘yes.’ However, it only became official relatively recently. After the failed attempt to get MMJ on the ballot in 2014, lawmakers perhaps began to understand that Oklahomans were in favor of cannabis and hemp. In April 2015, Governor Mary Fallin signed HB 2154 into law.
It permitted the sale of CBD oil derived from hemp with a maximum THC content of 0.3%. This was broadly in line with the 2014 Farm Bill. However, only individuals with severe epilepsy, who also received a doctor’s recommendation, were allowed to use it.
In 2016, the Governor signed HB 2835 into law. It increased the list of qualifying conditions for CBD oil users.
Individuals with a wasting disorder, multiple sclerosis, or one of several other conditions were eligible. Despite the forward steps, there was a BIG problem. You had to buy it in another state and bring it into Oklahoma, a federally illegal act.
There was also a chance of benefiting from CBD oil as part of a clinical trial. However, such opportunities were few and far between.
Common Sense Prevails
The hemp industry had a significant breakthrough in December 2018 when the Farm Bill legalized the plant’s growth. The rule stipulates that the hemp must contain a maximum of 0.3% THC. It didn’t legalize CBD, but it did ensure that numerous states eased restrictions or alleviated confusion.
Oklahoma followed that trend in May 2019. Governor Kevin Stitt signed SB 238 into law. It decriminalized hemp-derived CBD. Previously, CBD was only technically legal through the MMJ program. The enactment of the bill also meant that Oklahoma would not regulate CBD products.
In 2019, the FDA stated that it didn’t permit the addition of CBD to food or beverages. This makes things a little complicated in Oklahoma. Before the FDA’s statement, Oklahoma passed Title 63 O.S. 1-1118 into law. It made it legal for companies with the correct food license to sell and store food infused with CBD. As the FDA now contradicts it, it is hard to say what will happen next.
Industrial Hemp in Oklahoma
The 2018 Farm Bill ensures that the federal government treats industrial hemp as an agricultural commodity. However, Oklahoma was slightly ahead of the game. Governor Fallin signed HB 2913 into law in April 2018. Known as the Oklahoma Industrial Hemp Agricultural Pilot Program, it permitted farmers to start cultivating the plant.
In April 2019, Governor Kevin Stitt signed SB 868 into law. It moved hemp from the pilot program to commercial crop status.
The bill established licensing requirements for growers and processors. It also said that all entities, even dispensaries selling edible products, must be licensed as food establishments. This is the case even if the business only sells oils or tinctures.
The demand for hemp growing licenses rose sharply in Oklahoma in 2019. By the end of the year, more than 21,000 acres of hemp were legally grown in the state. Officials expect the program to grow rapidly in the next few years.
Where Can You Buy CBD Oil in Oklahoma?
There is no limit on how much CBD oil derived from hemp you can buy in Oklahoma. Remember, physical stores selling it must be licensed as food establishments, and it has to be pre-packaged. It is against the law to add or mix CBD into anything made to order.
The growth of the market in Oklahoma is such that local pharmacies, food retailers, and health food stores all sell CBD.
The growth of the market in Oklahoma is such that local pharmacies, food retailers, and health food stores all sell it. You can even buy CBD oil in MMJ dispensaries! A significant number of online brands also ship to Oklahoma.
Please remember that the CBD market in Oklahoma doesn’t carry the same level of oversight as the MMJ market. Therefore, it is necessary to stick to brands that can provide third-party lab reports. This is important because the reports can outline the levels of CBD and THC in the products. They also let you know if there are any chemicals or heavy metals inside.
Final Thoughts on CBD Oil in Oklahoma
Proponents of CBD claim that it has a myriad of benefits. While the FDA backs none of these assertions, the level of anecdotal evidence is rising. Those interested in purchasing the cannabinoid in Oklahoma must remember that the market isn’t licensed.
As a result, you must make sure you check out the reputation of each brand. Aside from customer reviews, you can also look at the WayofLeaf CBD Review Section to learn more about a multitude of companies.
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