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Back to HB 3317
Oklahoma Legislature· HB 3317Second Reading referred to Rules

An act relating to medical marijuana, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 3317                  By: Eaves

4

5

6                   AS INTRODUCED

7   An Act relating to medical marijuana; amending 63

    O.S. 2021, Section 420, as last amended by Section 1,

8   Chapter 494, O.S.L. 2025 (63 O.S. Supp. 2025, Section

    420), which relates to medical marijuana patient and

9   caregiver licenses; modifying patient license fee for

    certain persons; and providing an effective date.

10

11

12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

13  SECTION 1.      AMENDATORY     63 O.S. 2021, Section 420, as last

14 amended by Section 1, Chapter 494, O.S.L. 2025 (63 O.S. Supp. 2025,

15 Section 420), is amended to read as follows:

16  Section 420. A. A person in possession of a state-issued

17 medical marijuana patient license shall be able to:

18  1. Consume marijuana legally;

19  2. Legally possess up to three (3) ounces or eighty-four and

20 nine-tenths (84.9) grams of marijuana on their person;

21  3. Legally possess six mature marijuana plants and the

22 harvested marijuana therefrom;

23  4. Legally possess six seedling plants;

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    Req. No. 13877                                            Page 1
1   5. Legally possess one (1) ounce or twenty-eight and three

2 tenths (28.3) grams of concentrated marijuana;

3   6. Legally possess seventy-two (72) ounces or two thousand

4 thirty-seven and six-tenths (2037.6) grams of edible marijuana;

5   7. Legally possess up to eight (8) ounces or two hundred

6 twenty-six and four-tenths (226.4) grams of marijuana in their

7 residence; and

8   8. Legally possess seventy-two (72) ounces of topical

9 marijuana.

10  B. Possession of up to one and one-half (1.5) ounces or forty-

11 two and forty-five one-hundredths (42.45) grams of marijuana by

12 persons who can state a medical condition, but are not in possession

13 of a state-issued medical marijuana patient license, shall

14 constitute a misdemeanor offense punishable by a fine not to exceed

15 Four Hundred Dollars ($400.00) and shall not be subject to

16 imprisonment for the offense. Any law enforcement officer who comes

17 in contact with a person in violation of this subsection and who is

18 satisfied as to the identity of the person, as well as any other

19 pertinent information the law enforcement officer deems necessary,

20 shall issue to the person a written citation containing a notice to

21 answer the charge against the person in the appropriate court. Upon

22 receiving the written promise of the alleged violator to answer as

23 specified in the citation, the law enforcement officer shall release

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    Req. No. 13877                                                  Page 2
1 the person upon personal recognizance unless there has been a

2 violation of another provision of law.

3   C. The Oklahoma Medical Marijuana Authority shall be

4 established which shall receive applications for medical marijuana

5 patient and caregiver license recipients, dispensaries, growers, and

6 processors within sixty (60) days of the passage of this initiative.

7   D. The Authority shall, within thirty (30) days of passage of

8 this initiative, make available on its website, in an easy-to-find

9 location, an application for a medical marijuana patient license.

10 The license shall be valid for two (2) years. The biannual

11 application fee shall be One Hundred Dollars ($100.00), or Twenty

12 Dollars ($20.00) for individuals on Medicaid, Medicare or

13 SoonerCare. The methods of payment shall be provided on the website

14 of the Authority. Reprints of the medical marijuana patient license

15 shall be Twenty Dollars ($20.00).

16  E. A short-term medical marijuana patient license application

17 shall also be made available on the website of the Authority. A

18 short-term medical marijuana patient license shall be granted to any

19 applicant who can meet the requirements for a two-year medical

20 marijuana patient license, but whose physician recommendation for

21 medical marijuana is only valid for sixty (60) days. Short-term

22 medical marijuana patient licenses shall be issued for sixty (60)

23 days. The fee for a short-term medical marijuana patient license,

24 reprints of the short-term medical marijuana patient license, and

    Req. No. 13877                                                 Page 3
1 the procedure for extending or renewing the license shall be

2 determined by the Executive Director of the Authority.

3   F. A temporary medical marijuana patient license application

4 shall also be made available on the website of the Authority for

5 residents of other states. Temporary medical marijuana patient

6 licenses shall be granted to any medical marijuana license holders

7 from other states, provided that such states have state-regulated

8 medical marijuana programs, and applicants can prove they are

9 members of such programs. Temporary medical marijuana patient

10 licenses shall be issued for thirty (30) days. The cost for a

11 temporary license shall be One Hundred Dollars ($100.00). Renewal

12 shall be granted with resubmission of a new application. No

13 additional criteria shall be required. Reprints of the temporary

14 medical marijuana patient license shall be Twenty Dollars ($20.00).

15  G. Medical marijuana patient license applicants shall submit

16 their applications to the Authority for approval. The applicant

17 shall be a resident of this state and shall prove residency by a

18 valid driver license, utility bills, or other accepted methods.

19  H. The Authority shall review the medical marijuana patient

20 license application; approve, reject, or deny the application; and

21 mail the approval, rejection, or denial letter stating any reasons

22 for rejection, to the applicant within fourteen (14) business days

23 of receipt of the application. Approved applicants shall be issued

24 a medical marijuana patient license which shall act as proof of his

    Req. No. 13877                                                  Page 4
1 or her approved status. Applications may only be rejected or denied

2 based on the applicant not meeting stated criteria or improper

3 completion of the application. If an application is rejected for

4 failure to provide required information, the applicant shall have

5 thirty (30) days to submit the required information for

6 reconsideration.

7   I. The Authority shall make available, both on its website and

8 through a telephone verification system, an easy method to validate

9 the authenticity of the medical marijuana patient license by the

10 unique twelve-character identification number and PDF417 barcode.

11  J. The Authority shall ensure that all medical marijuana

12 patient and caregiver records and information are sealed to protect

13 the privacy of medical marijuana patient license applicants.

14  K. A caregiver license shall be made available for qualified

15 caregivers of a medical marijuana patient license holder who is

16 homebound. As provided in Section 427.11 of this title, the

17 caregiver license shall provide the caregiver the same rights as the

18 medical marijuana patient licensee including the ability to possess

19 marijuana, marijuana products and mature and immature plants or

20 cultivated medical marijuana pursuant to the Oklahoma Medical

21 Marijuana and Patient Protection Act, but excluding the ability to

22 use marijuana or marijuana products unless the caregiver has a

23 medical marijuana patient license. Applicants for a caregiver

24 license shall submit proof of the license status and homebound

    Req. No. 13877                                                  Page 5
1 status of the medical marijuana patient and proof that the applicant

2 is the designee of the medical marijuana patient. The applicant

3 shall also submit proof that he or she is eighteen (18) years of age

4 or older and proof of his or her state residency. This shall be the

5 only criteria for a caregiver license. A licensed caregiver shall

6 not cultivate medical marijuana for more than five medical marijuana

7 patient licensees and shall not charge a medical marijuana patient

8 licensee for cultivating medical marijuana in excess of the actual

9 costs incurred in cultivating the medical marijuana.

10  L. All applicants for a medical marijuana patient license shall

11 be eighteen (18) years of age or older. A special exception shall

12 be granted to an applicant under the age of eighteen (18); however,

13 these applications shall be signed by two physicians and the parent

14 or legal guardian of the applicant.

15  M. All applications for a medical marijuana patient license

16 shall be signed by an Oklahoma physician licensed by and in good

17 standing with the State Board of Medical Licensure and Supervision,

18 the State Board of Osteopathic Examiners, or the Board of Podiatric

19 Medical Examiners. There are no qualifying conditions. A medical

20 marijuana patient license shall be recommended according to the

21 accepted standards a reasonable and prudent physician would follow

22 when recommending or approving any medication. No physician may be

23 unduly stigmatized, penalized, subjected to discipline, sanctioned,

24 reprimanded or harassed for signing a medical marijuana patient

    Req. No. 13877                                                  Page 6
1 license application, provided the physician acted in accordance with

2 the provisions of this subsection and all other rules governing the

3 medical license of the physician in this state.

4   N. Counties and cities may enact medical marijuana guidelines

5 allowing medical marijuana patient license holders or caregiver

6 license holders to exceed the state limits set forth in subsection A

7 of this section.

8   SECTION 2. This act shall become effective November 1, 2026.

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10  60-2-13877      GRS  09/09/25

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    Req. No. 13877                                                 Page 7
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