Is CBD Legal in Oklahoma? - April 2024

Is CBD Oil Legal in Oklahoma?

Hemp-based CBD products in Oklahoma have been legal since 2015⁽⁴⁾.

Historically, hemp, marijuana, and all other cannabis varieties were categorized as Schedule I drugs under the 1970 Federal Controlled Substances Act⁽⁵⁾.

The law defined Schedule I narcotics as drugs, substances, or potentially addictive and abusive chemicals with no accepted health benefits.

Congress legalized hemp cultivation through the Hemp Farming Act of 2018⁽⁶⁾. This law removed industrial hemp from Schedule I drugs by redefining hemp plants as cannabis with less than 0.3% THC concentration by weight.

Additionally, the 2018 Farm Bill’s passage allowed the US Food and Drug Administration (FDA) to regulate CBD’s distribution in the market.

The FDA continuously reevaluates its stance on CBD products. Still, companies currently cannot market CBD products as dietary supplements⁽⁷⁾.

The FDA has warned companies that made unproven therapeutic claims about CBD⁽⁸⁾.

CBD companies now include disclaimers on their websites to clarify that CBD is not medicine.

Oklahoma CBD Laws

Besides the Farm Bill of 2018, which legalizes CBD in all 50 states at a federal level, the following state laws detail the legality of cannabis in the state of Oklahoma.

House Bill 2154

Republican Gov. Mary Fallin signed HB 2154 in 2015, which legalized CBD products with less than 0.3% THC⁽⁹⁾.

Before the Farm Bill came to pass in 2018, this law specifically defined CBD as hemp extract that contained less than 0.3% THC to differentiate it from marijuana.

State Question 788

In 2018, Gov. Mary Fallin established SQ 788 as an initiative for the legalization of medical cannabis within the state⁽¹⁰⁾.

Historically, Oklahomans for Health submitted the initiative petition in 2016 to amend statutes and establish medical marijuana laws⁽¹¹⁾.

The Oklahoma Medical Marijuana Authority oversees the Medical Marijuana Program⁽¹²⁾.

Through this law, individuals with a medical marijuana license can legally possess medical marijuana with the following limits:

• One ounce of concentrated marijuana 
• Three ounces of marijuana in public
• Eight ounces of marijuana in private homes
• Seventy-two (72) ounces of edible marijuana products
• Six marijuana seedlings
• Six mature marijuana plants

Senate Bill 868

The Oklahoma Legislature passed SB 868 in April 2019 to create the Oklahoma Hemp Agricultural Program⁽¹³⁾. This law established the licensing requirements for hemp growers in the state.

SB 868 also highlights requirements for entities and dispensaries that sell edible CBD products to get licensed as food establishments.

Further, these establishments may not allow customers to consume their pre-packaged CBD products onsite.

Licensing Requirements

Individuals seeking hemp licensure in the state of Oklahoma must complete the 2020 Industrial Hemp Grower Application of the OAIHPP⁽¹⁴⁾.

The application includes six pages of standard identification and contact information, aerial farm maps, proof of land ownership, and fees.

Applicants must address their application with the necessary documents to:

Oklahoma Department Of Agriculture, Food and Forestry

2800 North Lincoln Boulevard

Oklahoma City, OK 73105-4972

The full application form, including a checklist of required attachments, is available at the Oklahoma Department of Agriculture, Food and Forestry website.

Buying CBD Legally

Like in all 50 United States, Oklahoma consumers can legally purchase CBD products that meet the 2018 Farm Bill’s conditions.

How to Choose Which CBD Products to Buy

Consumers must check if a CBD brand provides comprehensive third-party lab results on its website.

Third-party lab reports or certificates of analysis (COA) confirm CBD products’ potency.

The COA is a document that third-party labs issue a CBD company to ensure that its products meet quality standards.

The COA results typically include cannabinoid and terpene profiles for consumers to determine the exact amount of CBD present and compare with the label.

Most lab results also include contaminant profiles that detail whether a brand’s CBD product lacks harmful contaminants, such as pesticides, heavy metals, or residual solvents.

Consumers must carefully read a product’s packaging to confirm if the company provided the following information:

• Amount of CBD per serving
• Net weight
• Manufacturer’s name
• Batch number or code
• List of ingredients
• Suggested usage
• Type of CBD

Using a QR code or batch code specified on the product label, consumers can check the certificate of analysis for the product’s ingredients and CBD potency.

Where to Buy CBD Products Legally

Customers can purchase high-quality CBD products from health and wellness retailers. Consumers may also buy CBD online directly through a specific brand’s shop.

Some of the best rated CBD stores in Oklahoma, according to the Better Business Bureau (BBB), include⁽¹⁵⁾:

• True Medicine OK, LCC
  Oklahoma City, OK
  Phone: (405) 605-1886
• Midwest Wellness Center of Oklahoma, LLC
  El Reno, OK
  Phone: (405) 262-1450
• Terra Wellness LLC
  Oklahoma City, OK
  Phone: (405) 261-2123

The BBB gathers consumer reports and reviews on various businesses of a particular state and only accredit credible stores⁽¹⁶⁾.

In Oklahoma, wholesale CBD retailers can sell pre-packaged CBD products and be licensed food establishments⁽¹⁷⁾, in compliance with SB 868⁽¹⁸⁾.

CBD Possession Limits

The legal status of CBD products in Oklahoma allows local customers to possess unlimited amounts of CBD or hemp oil products without a prescription.

Meanwhile, only qualified medical marijuana patients need a medical marijuana card to possess up to three ounces of medical marijuana in public and eight ounces in private⁽¹⁹⁾.

Is CBD Legal in Other States?

The federal government legalized hemp cultivation in all 50 states through the 2018 Farm Bill. This law redefined hemp as cannabis with less than 0.3% THC.

Individual states have their interpretation of this law while staying in line with FDA standards.

Retailers cannot market CBD as medication or dietary supplements, per FDA regulation.

State laws may place varying degrees of restriction on the manufacture and possession of CBD. Failure to comply with local medical cannabis laws could result in penalties.

The National Conference of State Legislatures (NCSL) records the definition of products allowed in each state in its table of Limited Access Marijuana Product Laws (low-THC, high-CBD cannabidiol).

Understanding CBD

What Is CBD?

CBD is a non-psychoactive cannabinoid or molecule found in cannabis plants. It is the second most abundant component next to THC.
Most CBD products sold in licensed dispensaries are derived from hemp plants rather than from marijuana plants.

CBD is more abundant in hemp plants than marijuana, which explains why companies typically source the CBD for their products from industrial hemp.

Companies manufacture hemp extracts in different product forms. Common CBD products include tincture oils, topicals, gummies, capsules, and vape juices.

Companies may also infuse CBD into food items such as candies and baked goods.

What Is the Difference Between Hemp and Marijuana?

Although both hemp and marijuana are varieties of Cannabis sativa plants, their differences lie in their cannabinoid contents.

Hemp contains more CBD than marijuana. CBD is non-psychoactive, while THC is psychoactive. 

THC is the cannabinoid that makes users “get high.” It is more abundant in marijuana plants than it is in hemp plants, which explains why marijuana-based products are federally illegal to possess and process.

What Are the Different Types of CBD?

Full-spectrum CBD contains all of the hemp plant’s naturally occurring cannabinoids, including trace amounts of THC.

Broad-spectrum CBD contains most of the cannabinoids within the hemp plant, except THC.

CBD isolate only contains CBD after the hemp plant undergoes extraction methods to strip the plant of most of its naturally occurring cannabinoids.

Are There Differences Between CBD Oil and Medical Marijuana?

CBD oil has a THC content of less than 0.3%, while medical marijuana may exceed that quantity.

Customers who plan to purchase CBD oil do not need a medical marijuana card.

What Are the Benefits of CBD Oil?

Several types of research have looked at the purported benefits of CBD oil.

Researchers have discovered that CBD has potential therapeutic benefits for Alzheimer’s disease⁽²⁰⁾, Crohn’s disease⁽²¹⁾, and multiple sclerosis⁽²²⁾.

Still, Epidiolex is the only example of US FDA-approved CBD treatment for epilepsy with significant scientific evidence⁽²³⁾.

Does CBD Oil Have Side Effects?

Although the World Health Organization has given CBD a good safety profile⁽²⁴⁾, CBD has potential adverse effects, including the following⁽²⁵⁾:

• Loss of appetite and gastrointestinal problems
• Potential drug interactions
• Changes in alertness
• Mood changes
• Liver damage
• Drowsiness
• Dry mouth
• Diarrhea
• Nausea
• Fatigue

Conclusion

Like in all 50 United States, Oklahoma consumers can legally purchase CBD products that meet the 2018 Farm Bill’s conditions.

The standard condition for a CBD product’s legal status is that it should only have trace amounts of THC, specifically less than 0.3% on a dry weight basis.

*The information shared in this article was based on findings retrieved on November 12, 2020. The legality and regulations for CBD may change without notice.

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1. Farm Bill. U.S. Department of Agriculture. Retrieved from https://www.usda.gov/farmbill
2. Industrial Hemp. Oklahoma Department of Agriculture Food and Forestry. Retrieved from https://www.ag.ok.gov/cps/IndustrialHemp.htm
3. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). U.S. Food & Drug Association. 2020 Oct 1. Retrieved from https://www.fda.gov/news-events/public-health-focus/fda-regulation-cannabis-and-cannabis-derived-products-including-cannabidiol-cbd
4. Bill Information for SB 868. Oklahoma State Legislature. Retrieved from http://www.oklegislature.gov/BillInfo.aspx?Bill=SB%20868
5. Comprehensive Drug Abuse Prevention and Control Act of 1970. FindLaw. 2019 February 4. Retrieved from https://criminal.findlaw.com/criminal-charges/comprehensive-drug-abuse-prevention-and-control-act-of-1970.html
6. H.R.5485 – Hemp Farming Act of 2018. Congress.gov. Retrieved from https://www.congress.gov/bill/115th-congress/house-bill/5485
7. FDA Regulation of Cannabis and Cannabis-Derived Products, Including Cannabidiol (CBD). Op cit
8. Warning Letter – Curaleaf, Inc. U.S. Food & Drug Administration. 2019 July 22. Retrieved from https://www.fda.gov/inspections-compliance-enforcement-and-criminal-investigations/warning-letters/curaleaf-inc-579289-07222019
9. Bill Information for HB 2154. Op cit
10. SQ 788. Initiative Petition 412. Oklahoma Secretary of State. Retrieved From https://www.sos.ok.gov/documents/questions/788.pdf
11. Ibid
12. Oklahoma Medical Marijuana Authority. Retrieved from https://omma.ok.gov/
13. Bill Information for SB 868. Oklahoma State Legislature. Retrieved from http://www.oklegislature.gov/BillInfo.aspx?Bill=SB%20868
14. 2020 Industrial Hemp Grower Application. Oklahoma Department Of Agriculture, Food and Forestry. Retrieved from https://www.ag.ok.gov/cps/IndustrialHempGrowerLic2020.pdf
15. Category: CBD Oil near OK, USA. Better Business Bureau. Retrieved from https://www.bbb.org/search?filter_ratings=B&filter_state=OK&find_country=USA&find_entity=81000-800&find_id=81000-800&find_text=CBD%20Oil&find_type=Category&page=1&sort=Distance&touched=1
16. Mission and Vision. Better Business Bureau. Retrieved from https://www.bbb.org/mission-and-vision
17. Bill Information for SB 868. Op cit
18. Ibid
19. SQ 788. Initiative Petition 412. Op cit
20. Cheng, D., Spiro, A. S., Jenner, A. M., Garner, B., & Karl, T. (2014). Long-term cannabidiol treatment prevents the development of social recognition memory deficits in Alzheimer’s disease transgenic mice. Journal of Alzheimer’s disease : JAD, 42(4), 1383–1396. https://doi.org/10.3233/JAD-140921
21. Picardo, S., Kaplan, G. G., Sharkey, K. A., & Seow, C. H. (2019). Insights into the role of cannabis in the management of inflammatory bowel disease. Therapeutic advances in gastroenterology, 12, 1756284819870977. https://doi.org/10.1177/1756284819870977
22. Rudroff, T., & Sosnoff, J. (2018). Cannabidiol to Improve Mobility in People with Multiple Sclerosis. Frontiers in neurology, 9, 183. https://doi.org/10.3389/fneur.2018.00183
23. National Academies of Sciences, Engineering, and Medicine. (2017). The health effects of cannabis and cannabinoids: the current state of evidence and recommendations for research. National Academies Press.
24. World Health Organization (WHO). (2018). Cannabidiol (CBD) Critical Review Report. https://www.who.int/medicines/access/controlled-substances/CannabidiolCriticalReview.pdf
25. Machado Bergamaschi, M., Helena Costa Queiroz, R., Waldo Zuardi, A., & Crippa, A. S. (2011). Safety and side effects of cannabidiol, a Cannabis sativa constituent. Current drug safety, 6(4), 237-249.

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