Patient Rights & Responsibilities

OMMA-licensed patients have rights and responsibilities associated with their medical marijuana license. Below we have included answers to common questions pertaining to patients’ rights, as well as helpful information and resources.

You may find rule citations on this page helpful. For a more comprehensive understanding, review all OMMA Rules. If you have questions about the rules, OMMA encourages you to seek legal counsel.

Concealed Carry Permits - 63 O.S. § 427.8 (E)

• The State cannot deny a concealed carry permit to someone solely for being a licensed patient.

Custody - 63 O.S. § 425 (D)

• Licensed patients may not be denied custody, visitation or other parenting time with a minor.
• There is 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.

Employment - 63 O.S. § 427.8 (H) - (I)

• Unless it is otherwise required by federal law or to obtain federal funding, employers cannot discipline, fire or refuse to hire someone solely because they have an Oklahoma medical marijuana patient license.
• Employers do NOT have to allow possession or use of medical marijuana products at work. 
• Employers may not discipline, fire or refuse to hire a licensed Oklahoma medical marijuana patient solely because of a positive test for marijuana—unless they have safety-sensitive job duties or possess, consume or are under the influence of medical marijuana or medical marijuana products at work.

Housing - 63 O.S. § 425 (A)

• No landlord may refuse to lease to or penalize a licensed 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.

Medical Care - 63 O.S. § 425 (C)

• 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.

Public Consumption - 63 O.S. § 427.8 (L), OAC 442:10-2-11

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

Child/Pet Safety Packaging - OAC 442:10-5-16(s)(4)

• Dispensaries are required to sell retail medical marijuana products in packaging that’s hard for a child under age 5 to open, including when it’s re-sealed.
• Medical marijuana products should be treated like something you get from a pharmacy—kept safely out of reach from children and pets.

Home Grows - 63 O.S. § 427.12, OAC 442:10-2-9 (c)(e)(f)

• 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.
• Cannot be visible by someone with 20/20 vision from any street adjacent to the property.
• Prohibited from using extraction equipment or process using butane, propane, carbon dioxide or any potentially hazardous material in or on residential property.

Possession Limits - 63 O.S. § 420, OAC 442:10-2-8
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

Reporting Unsafe Products

• If you have experienced a negative health outcome after consuming a medical marijuana product, you can submit a complaint using the OMMA Business Complaint Form.

Sharing - OAC 442:10-2-9 (a)(b)

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

Travel

• Licensed patients are prohibited from traveling outside state lines with medical marijuana or medical marijuana products.

Pregnancy/Breastfeeding

• All medical marijuana and medical marijuana products sold at a dispensary are required to have a warning label that says using medical marijuana products during pregnancy can cause birth defects.
• According to the CDC, evidence shows marijuana use during pregnancy can harm the baby in the womb and continue to have effects during childhood. There is limited and conflicting data about marijuana use while breastfeeding.

Data and Information Access

• Inputting the patient license number in OMMA Verify will allow the user to review the expiration date, the county where the card was issued and whether the license is active.
• OMMA seals all application records and information to protect the privacy of medical license applicants.