Understanding your rights as an OMMA-Licensed cannabis patient

OMMA-licensed patients have rights provided by the law pertaining to employment, housing, custody, possessing firearms and so on. With these rights also comes responsibilities, and where the two overlap can bring up complex legal situations with inconsistent outcomes depending on your situation or location.

We provide compassionate legal services to Oklahoma cannabis patients who feel their rights have been infringed or have found themselves in need of legal help.

OMMA Patient FAQ

  • The state can’t deny a concealed carry permit to someone solely for being a licensed patient.

  • By statute patients may not be denied custody, visitation or other parenting time with a minor due to their status as a medical marijuana patient. There is also no presumption of neglect or child endangerment for conduct allowed, unless the person’s behavior creates an unreasonable danger to the safety of the minor.

    That said, how these cases are handled can vary drastically from county to county and judges have ruled in ways that seem in contradiction with the law.

  • We’ve written extensively about this topic.

    Employers cannot discriminate against medical marijuana patients unless it could affect the employer’s federal licensing or funding, or unless the employee or applicant has or is applying for a safety sensitive job.

    Employers do not have to allow patients to consume or possess cannabis at work.

  • No landlord may refuse to lease to or penalize an Oklahoma medical marijuana patient solely because they are a licensed patient, unless failing to do so would cause a financial or licensing-related loss under federal law or regulations.

  • A licensed patient’s use of marijuana must be considered equivalent to the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or disqualify a patient from medical care. However, some physicians will take hard lines against medical cannabis use in tandem with certain prescription drugs.

  • Smoking and vaping medical marijuana products outdoors in public (or indoors at a workplace) is subject to the same state laws as smoking tobacco.

  • At one time, licensed patients can legally possess:

    • Up to 3 oz. (84.9 g) of marijuana on their person
    • 6 mature marijuana plants and the harvested marijuana
    • 6 seedling plants
    • 1 oz. (28.3 g) of concentrated marijuana
    • 8 oz. (226.4 g) of marijuana in your residence
    • 72 oz. (2,037.6 g) of edible marijuana
    • 72 oz. of topical marijuana

  • Patient-grown marijuana must be on real property owned by the patient or the patient must have the written permission of the real property owner to grow marijuana.

    Home grows cannot be visible by someone with 20/20 vision from any street adjacent to the property.

    Patients are prohibited from using extraction equipment or process using butane, propane, carbon dioxide or any potentially hazardous material in or on residential property.

    Patients are allowed to possess six (6) mature marijuana plants and the harvested marijuana and six (6) seedling plants.

  • Licensed patients are prohibited from sharing legally purchased medical marijuana and products with any other individual whether licensed or not.

  • Your Oklahoma medical marijuana card will work in any other state with reciprocity laws. As of now full medical dispensary access is allowed in these states:

    Maine
    Michigan
    Nevada
    New Mexico
    Puerto Rico
    Washington D.C.*

    Some states allow dispensary access with requirements such as obtaining a medical cannabis visitor card. Others will have possession allowances in place of access, but transporting medical cannabis across the border of any legal state remains illegal.