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Is CBD oil legal in Oklahoma?

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Contents

  1. What is CBD?
  2. Why is CBD sometimes illegal?
  3. Oklahoma CBD laws
  4. Oklahoma CBD possession limits
  5. Where to buy CBD in Oklahoma
  6. How to read CBD labels and packaging

Yes. Hemp-derived cannabidiol (CBD) products are legal and relatively easy to find in Oklahoma. In 2018, the Oklahoma legislature created the Oklahoma Agricultural Industrial Hemp Pilot Program, following the passage of the Hemp Farming Act of 2018, which legalized industrial hemp nationwide.

Oklahoma chose to designate all hemp-derived CBD products as food items and require any retail location selling CBD to be licensed as a food establishment. As retailers learn about and comply with the new rules, consumers in Oklahoma should expect to find CBD-infused items available in more locations.

What is CBD?

CBD is a non-intoxicating cannabinoid found in cannabis. After tetrahydrocannabinol (THC), cannabidiol (CBD) is the second-most abundant cannabinoid in the plant, and has many potential therapeutic benefits, including anti-inflammatory, analgesic, anti-anxiety and seizure-suppressant properties. CBD can be sourced from both marijuana plants and hemp plants, which are legal in most countries as they contain minuscule amounts of THC.

CBD stands for cannabidiol, a non-intoxicating substance found in cannabis. Photo by: Gina Coleman/Weedmaps

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Combine THC and CBD to fully employ the entourage effect; THC and CBD work hand-in-hand to amplify each others’ effects.

Why is CBD sometimes illegal?

The 1970 Federal Controlled Substances Act categorized all types of cannabis, including hemp, as Schedule I, defined as a substance with a high potential for abuse, no accepted medical use, and a likelihood of addiction.

But the federal government started to change its stringent position with the passage of the 2014 Farm Bill, which recognized the difference between hemp, which contains less than .3% THC by weight, and marijuana, which has more than .3% THC and is still classified as a Schedule I substance. CBD derived from marijuana plants is still illegal while CBD from hemp is legal, though it is governed by rules that the U.S. Department of Agriculture (USDA) has yet to formalize.

The 2018 Farm Bill also granted the Food and Drug Administration (FDA) with power to regulate CBD labeling, therapeutic claims, and its use as a food additive. Despite the passage of the Farm Bill, the FDA has taken the stance that even hemp-derived CBD may not be added to foods or drinks, or marketed as dietary supplements. While the FDA has begun a process of re-evaluating its stance, it has yet to revise its rules or specifically regulate CBD products. The FDA has been strict when it comes to health claims and marketing that could be construed as medical advice about CBD.

While the 2018 Farm Bill did legalize hemp, its production, and the sale of any product derived from it, including CBD, is still highly regulated. The bill also allows some states to make their own rules for CBD cultivation and sale. States may also try to regulate CBD in food, beverages, dietary supplements, and other products while waiting for final FDA rules.

Oklahoma CBD laws

CBD products with less than .3% THC have been legal in Oklahoma since April 30, 2015, when Republican Gov. Mary Fallin signed HB 2154. This amendment specified that CBD extracted from hemp was exempt from the definition of marijuana so long as it contained less than .3% THC.

To meet federal legal criteria, CBD oil must contain no more than 0.3 percent THC. Photo by: Gina Coleman/Weedmaps

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In April 2019, Oklahoma passed SB 868, which established licensing requirements for hemp growers and processors. Following the precedent set by federal law, the bill set the CBD threshold at less than .3% THC. It also determined that any entity, including dispensaries selling edible CBD products, must be licensed as a food establishment, even if the product is a tincture or oil. Under SB 868, dispensaries and traditional food establishments may only sell pre-packaged CBD products and they can’t allow the consumption onsite.

Oklahoma CBD possession limits

There are no CBD possession limits on hemp-derived CBD products for individuals in Oklahoma.

State-licensed medical marijuana patients may possess up to eight ounces of cannabis in their home, or up to three ounces in public. They may possess up to one ounce of cannabis concentrate, and up to 72 ounces of edible marijuana products.

Where to buy CBD in Oklahoma

Hemp-derived CBD is legal in Oklahoma, but retailers must be licensed as food establishments to sell it and it must be pre-packaged. It can’t be added or mixed into anything made to order.

Hemp-derived CBD is legal in Oklahoma, but retailers must be licensed as food establishments to sell it and it must be pre-packaged. Photo by: Gina Coleman/Weedmaps

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Smaller, local pharmacies and health food stores, medical marijuana dispensaries, and food retailers in Oklahoma may offer CBD products. More locations will likely begin to carry these products as they meet the licensing requirements set by the state.

Buying hemp-derived CBD oil online is an option since the U.S. Postal Service has confirmed that legal CBD products may be shipped by mail. CBD products from reputable brands can be found online at Weedmaps.

How to read CBD labels and packaging

The FDA currently does not allow CBD-infused food, drinks, or dietary supplements to be sold, and has yet to reach a conclusion on how to regulate these types of hemp-derived CBD products. While the FDA slowly and cautiously approaches making new regulations for CBD products, poor-quality or falsely advertised products leave consumers at risk. It is illegal for products to make health-related claims like saying a product prevents, diagnoses, treats, or cures a disease. Reputable CBD producers may list suggested uses but beware of definite claims.

To help mitigate that risk, look for the following when buying CBD products:

  • Amount of active CBD per serving
  • Supplement Fact panel, including other ingredients
  • Net weight
  • Manufacturer or distributor name
  • Suggested use
  • Full-spectrum, broad-spectrum, or isolate
  • Batch or date code

One of the most important things to pay attention to is whether a CBD product is full spectrum, broad spectrum, or isolate.

Full spectrum means that the CBD has been extracted from a hemp plant along with all other cannabinoids and terpenes, including whatever trace amounts of THC the plant may have produced. Consuming full-spectrum CBD may yield better results thanks to the entourage effect, a phenomenon in which the mixture of cannabinoids and terpenes work together to produce a more pleasant experience.

Broad spectrum means that the product contains CBD and terpenes, but has undergone additional processes to strip out any THC.

Is CBD oil legal in Oklahoma? Copy article link to clipboard. Link copied to clipboard. Contents What is CBD? Why is CBD sometimes illegal? Oklahoma CBD laws Oklahoma

CBD Oil in Oklahoma: Is it Legal?

One of the main issues surrounding the CBD market is the lack of clarity regarding legality. The assumption is that the cannabinoid is legal, but that isn’t strictly true. The oft-mentioned 2018 Farm Bill only legalized the cultivation of industrial hemp with a maximum THC content of 0.3%. It did not legalize any specific cannabinoid.

Therefore, CBD is not federally permitted, and it remains in a state of legal flux. However, the vast majority of American states tolerate the cannabinoid at the very least. Only a handful of locations have clearly outlined an anti-CBD message. A few states have gone the other way and passed legislation that all but legalizes cannabidiol. Let’s see where Oklahoma lies when it comes to this complex legislative web.

Marijuana Law in Oklahoma

When Oklahoma banned cannabis in 1933, it was relatively late compared to other states. However, it stuck rigidly to the prohibition for over 80 years. While other states began to decriminalize the plant from the 1970s onward, Oklahoma doubled down on its strict penalties. It habitually sent cannabis ‘offenders’ to prison.

It was only relatively recently that attitudes changed in the state. In 2014, a group called Oklahomans for Health tried to get MMJ on the ballot. Although the attempt failed, it began a chain reaction that ultimately led to medical marijuana legalization. The first significant step was a bill that allowed CBD oil in 2015.

Further pro-cannabis groups tried to get enough signatures to put an MMJ measure on the ballot for 2016. While this new attempt was a success, the vote was pushed back to 2018. However, on June 26, 2018, 57% of Oklahomans voted ‘yes’ to State Question 788. It became the 30 th state to legalize MMJ.

Residents of Oklahoma have embraced the program. Within 18 months, over 7% of the entire state’s population had an MMJ card. It is straightforward to get approved, and dispensaries offer outstanding deals. It is possible to get an ounce of high-quality cannabis for just $100!

With such a pro-marijuana sentiment in the state, surely there are no issues with CBD oil in Oklahoma?

Can You Legally Buy CBD Oil in Oklahoma?

The answer is ‘yes.’ However, it only became official relatively recently. After the failed attempt to get MMJ on the ballot in 2014, lawmakers perhaps began to understand that Oklahomans were in favor of cannabis and hemp. In April 2015, Governor Mary Fallin signed HB 2154 into law.

It permitted the sale of CBD oil derived from hemp with a maximum THC content of 0.3%. This was broadly in line with the 2014 Farm Bill. However, only individuals with severe epilepsy, who also received a doctor’s recommendation, were allowed to use it.

In 2016, the Governor signed HB 2835 into law. It increased the list of qualifying conditions for CBD oil users.

Individuals with a wasting disorder, multiple sclerosis, or one of several other conditions, were eligible. Despite the forward steps, there was a BIG problem. You had to buy it in another state and bring it into Oklahoma, a federally illegal act.

There was also a chance of benefiting from CBD oil as part of a clinical trial. However, such opportunities were few and far between.

Common Sense Prevails

The hemp industry had a significant breakthrough in December 2018 when the Farm Bill legalized the growth of the plant. The rule stipulates that the hemp must contain a maximum of 0.3% THC. It didn’t legalize CBD, but it did ensure that numerous states eased restrictions or alleviated confusion.

Oklahoma followed that trend in May 2019. Governor Kevin Stitt signed SB 238 into law. It decriminalized hemp-derived CBD. Previously, CBD was only technically legal through the MMJ program. The enactment of the bill also meant that Oklahoma would not regulate CBD products.

In 2019, the FDA stated that it didn’t permit the addition of CBD to food or beverages. This makes things a little complicated in Oklahoma. Before the FDA’s statement, Oklahoma passed Title 63 O.S. 1-1118 into law. It made it legal for companies with the correct food license to sell and store food infused with CBD. As the FDA now contradicts it, it is hard to say what will happen next.

Industrial Hemp in Oklahoma

The 2018 Farm Bill ensures that the federal government treats industrial hemp as an agricultural commodity. However, Oklahoma was slightly ahead of the game. Governor Fallin signed HB 2913 into law in April 2018. Known as the Oklahoma Industrial Hemp Agricultural Pilot Program, it permitted farmers to start cultivating the plant.

In April 2019, Governor Kevin Stitt signed SB 868 into law. It moved hemp from the pilot program to commercial crop status.

The bill established licensing requirements for growers and processors. It also said that all entities, even dispensaries selling edible products, must be licensed as food establishments. This is the case even if the business only sells oils or tinctures.

The demand for hemp growing licenses rose sharply in Oklahoma in 2019. By the end of the year, more than 21,000 acres of hemp were legally grown in the state. Officials expect the program to grow rapidly in the next few years.

Final Thoughts on CBD Oil in Oklahoma

Proponents of CBD claim that it has a myriad of benefits. While the FDA backs none of these assertions, the level of anecdotal evidence is rising. Those interested in purchasing the cannabinoid in Oklahoma must remember that the market isn’t licensed.

As a result, you must make sure you check out the reputation of each brand. Aside from customer reviews, you can also look at the WayofLeaf CBD Review Section to learn more about a multitude of companies.

Incidentally, there is a suggestion that CBD potentially has some minor side effects. These include dizziness, diarrhea, and dry mouth. However, these issues usually only occur when someone uses a considerable amount.

As a resident of Oklahoma who may be interesting in using CBD, this guide is for you. Here we bring you all you need to know about CBD Oil in Oklahoma.