State Question 788 Legalizes Medical Marijuana
Frequently Asked Questions
Can I vote in the June 26 primary as an independent?
Yes a special ballot for SQ788 will be made available. Everyone who is registered to vote will be given the opportunity to vote at their local polling place.
How long will it take until licenses are available? How long until medical cannabis is available to card holders?
The SQ states that the law will take effect in 30 days and that the state must make the licenses available 90 days after passage of the law. Once you have received your individual medical cannabis license you will be able to grow at home, legally possess cannabis, and purchase medical cannabis at a dispensary.
It may take time for the initial medical cannabis crop to grow, so it's important we hold our government accountable to these timelines when 788 passes. Rules and regulations must be established by the regulatory office to protect consumers and workers. It may take time for these processes to be ready, however if medical cannabis cards are made available to patients shortly after 90 days, homegrows will likely be able to produce medical cannabis for those in dire need before commercial operations are ready.
How do I submit an application to become a grower, dispensary, or producer?
Applications for commercial operations will be made available on the regulatory office website 90 days after the passage of the state question.
How many commercial licenses are being made available?
There is no limit to the number of licensee being made available. A license for growing, dispensary, or production has a one-time fee of $2,500 dollars. Additionally, there are no limits to the number of plants you can grow with a growing license.
What about employee badges?
There are no provisions for employee badges in SQ788 like those in Colorado or other states.
Who can have access? Is it only available for patients 18 and up?
There were incorrect reports that medical marijuana would only be made available to those that are over the age 18. However this is not true, the reality is that medical cannabis will be made available to anyone who has a physicians recommendation. For those under 18 it simply requires two physicians and guardian approval. There are no qualifying conditions. Medical access is between doctor and patient.
How does a patient apply for access?
First you fill out and application with the fee $100.00 or $20.00 for individuals on Medicaid, Medicare, or SoonerCare. You must have the written recommendation of an Oklahoma licensed physician and you must include a valid driver’s license, utility bills, or other accepted methods.
The regulatory office will review the medical marijuana application, approve/reject the application based on applicant not meeting stated criteria or improper completion of the application within 14 days.
Will individual medical cannabis card holder information be kept private? Will commercial license holder information be kept private?
Yes personal medical cannabis card holder's information is private. Applications are to be sealed, and the only information entered into the registry is the following:
- a digital photograph of the license holder;
- the expiration date of the license;
- the county where the card was issued; and
- a unique 24 character identification number assigned to the license.
With this information alone there is no way to determine the identity of the individual, but it is possible to determine they are a registered and legal medical cannabis card holder at the time of purchase or if being questioned by law enforcement.
Commercial licenses do not carry the same constraints.
Is there homegrow?
Homegrow is available for medical cannabis card holders. You can have 6 mature plants and 6 seedlings.
Are possession limits per household or per-person?
The law states per-person limits for possession, which would extend to the household as well. Multiple card holders living in the same residence could each carry up to the limit described in Section 1 of State Question 788.
What is the enacting legislation and what does it do?
The enacting legislation will place SQ788 into the state statutes. They may make changes to 788 in the enacting legislation and some of these changes will be fine. For instance the Dept. of Health, while the ideal regulatory office, is not currently capable of running such an operation and this will likely change. However if the spirit of state question 788 is significantly altered, certain patients are denied access, or market entry is restricted we will protest like the state of Oklahoma has never seen before. The will of the people will not be overturned, and the legislators must know this. We are ready.