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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3317 By: Eaves
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 420, as last amended by Section 1,
Chapter 494, O.S.L. 2025 (63 O.S. Supp. 2025, Section
420), which relates to medical marijuana patient and
caregiver licenses; modifying patient license fee for
certain persons; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 420, as last
amended by Section 1, Chapter 494, O.S.L. 2025 (63 O.S. Supp. 2025,
Section 420), is amended to read as follows:
Section 420. A. A person in possession of a state-issued
medical marijuana patient license shall be able to:
1. Consume marijuana legally;
2. Legally possess up to three (3) ounces or eighty-four and
nine-tenths (84.9) grams of marijuana on their person;
3. Legally possess six mature marijuana plants and the
harvested marijuana therefrom;
4. Legally possess six seedling plants;
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5. Legally possess one (1) ounce or twenty-eight and three
tenths (28.3) grams of concentrated marijuana;
6. Legally possess seventy-two (72) ounces or two thousand
thirty-seven and six-tenths (2037.6) grams of edible marijuana;
7. Legally possess up to eight (8) ounces or two hundred
twenty-six and four-tenths (226.4) grams of marijuana in their
residence; and
8. Legally possess seventy-two (72) ounces of topical
marijuana.
B. Possession of up to one and one-half (1.5) ounces or forty-
two and forty-five one-hundredths (42.45) grams of marijuana by
persons who can state a medical condition, but are not in possession
of a state-issued medical marijuana patient license, shall
constitute a misdemeanor offense punishable by a fine not to exceed
Four Hundred Dollars ($400.00) and shall not be subject to
imprisonment for the offense. Any law enforcement officer who comes
in contact with a person in violation of this subsection and who is
satisfied as to the identity of the person, as well as any other
pertinent information the law enforcement officer deems necessary,
shall issue to the person a written citation containing a notice to
answer the charge against the person in the appropriate court. Upon
receiving the written promise of the alleged violator to answer as
specified in the citation, the law enforcement officer shall release
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the person upon personal recognizance unless there has been a
violation of another provision of law.
C. The Oklahoma Medical Marijuana Authority shall be
established which shall receive applications for medical marijuana
patient and caregiver license recipients, dispensaries, growers, and
processors within sixty (60) days of the passage of this initiative.
D. The Authority shall, within thirty (30) days of passage of
this initiative, make available on its website, in an easy-to-find
location, an application for a medical marijuana patient license.
The license shall be valid for two (2) years. The biannual
application fee shall be One Hundred Dollars ($100.00), or Twenty
Dollars ($20.00) for individuals on Medicaid, Medicare or
SoonerCare. The methods of payment shall be provided on the website
of the Authority. Reprints of the medical marijuana patient license
shall be Twenty Dollars ($20.00).
E. A short-term medical marijuana patient license application
shall also be made available on the website of the Authority. A
short-term medical marijuana patient license shall be granted to any
applicant who can meet the requirements for a two-year medical
marijuana patient license, but whose physician recommendation for
medical marijuana is only valid for sixty (60) days. Short-term
medical marijuana patient licenses shall be issued for sixty (60)
days. The fee for a short-term medical marijuana patient license,
reprints of the short-term medical marijuana patient license, and
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the procedure for extending or renewing the license shall be
determined by the Executive Director of the Authority.
F. A temporary medical marijuana patient license application
shall also be made available on the website of the Authority for
residents of other states. Temporary medical marijuana patient
licenses shall be granted to any medical marijuana license holders
from other states, provided that such states have state-regulated
medical marijuana programs, and applicants can prove they are
members of such programs. Temporary medical marijuana patient
licenses shall be issued for thirty (30) days. The cost for a
temporary license shall be One Hundred Dollars ($100.00). Renewal
shall be granted with resubmission of a new application. No
additional criteria shall be required. Reprints of the temporary
medical marijuana patient license shall be Twenty Dollars ($20.00).
G. Medical marijuana patient license applicants shall submit
their applications to the Authority for approval. The applicant
shall be a resident of this state and shall prove residency by a
valid driver license, utility bills, or other accepted methods.
H. The Authority shall review the medical marijuana patient
license application; approve, reject, or deny the application; and
mail the approval, rejection, or denial letter stating any reasons
for rejection, to the applicant within fourteen (14) business days
of receipt of the application. Approved applicants shall be issued
a medical marijuana patient license which shall act as proof of his
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or her approved status. Applications may only be rejected or denied
based on the applicant not meeting stated criteria or improper
completion of the application. If an application is rejected for
failure to provide required information, the applicant shall have
thirty (30) days to submit the required information for
reconsideration.
I. The Authority shall make available, both on its website and
through a telephone verification system, an easy method to validate
the authenticity of the medical marijuana patient license by the
unique twelve-character identification number and PDF417 barcode.
J. The Authority shall ensure that all medical marijuana
patient and caregiver records and information are sealed to protect
the privacy of medical marijuana patient license applicants.
K. A caregiver license shall be made available for qualified
caregivers of a medical marijuana patient license holder who is
homebound. As provided in Section 427.11 of this title, the
caregiver license shall provide the caregiver the same rights as the
medical marijuana patient licensee including the ability to possess
marijuana, marijuana products and mature and immature plants or
cultivated medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act, but excluding the ability to
use marijuana or marijuana products unless the caregiver has a
medical marijuana patient license. Applicants for a caregiver
license shall submit proof of the license status and homebound
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status of the medical marijuana patient and proof that the applicant
is the designee of the medical marijuana patient. The applicant
shall also submit proof that he or she is eighteen (18) years of age
or older and proof of his or her state residency. This shall be the
only criteria for a caregiver license. A licensed caregiver shall
not cultivate medical marijuana for more than five medical marijuana
patient licensees and shall not charge a medical marijuana patient
licensee for cultivating medical marijuana in excess of the actual
costs incurred in cultivating the medical marijuana.
L. All applicants for a medical marijuana patient license shall
be eighteen (18) years of age or older. A special exception shall
be granted to an applicant under the age of eighteen (18); however,
these applications shall be signed by two physicians and the parent
or legal guardian of the applicant.
M. All applications for a medical marijuana patient license
shall be signed by an Oklahoma physician licensed by and in good
standing with the State Board of Medical Licensure and Supervision,
the State Board of Osteopathic Examiners, or the Board of Podiatric
Medical Examiners. There are no qualifying conditions. A medical
marijuana patient license shall be recommended according to the
accepted standards a reasonable and prudent physician would follow
when recommending or approving any medication. No physician may be
unduly stigmatized, penalized, subjected to discipline, sanctioned,
reprimanded or harassed for signing a medical marijuana patient
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license application, provided the physician acted in accordance with
the provisions of this subsection and all other rules governing the
medical license of the physician in this state.
N. Counties and cities may enact medical marijuana guidelines
allowing medical marijuana patient license holders or caregiver
license holders to exceed the state limits set forth in subsection A
of this section.
SECTION 2. This act shall become effective November 1, 2026.
60-2-13877 GRS 09/09/25