Supreme Court Denies Case of Nebraska and Oklahoma v. Colorado Legal Marijuana Dispute

by Melanie Marquis

The U.S. Supreme Court announced its decision this morning to not take up the case of Nebraska and Oklahoma v. Colorado, and Colorado is breathing a big sigh of relief. On Monday morning, March 7^th. The SCOTUS blog posted the following statement:

“The Court issued orders from its March 4 Conference on Monday. It did not grant any new cases.”

Following a closed door meeting this past Friday, March 4^th, the court ultimately sided with the opinion of the Justice Department to deny Oklahoma and Nebraska's suit against Colorado.

The case would have held Colorado responsible for increased crime in Oklahoma and Nebraska that the suing states claimed to be a result of Colorado's legal marijuana.

If the case had come before the Supreme Court and the ruling was in favor of the plaintiffs, the commercial cannabis industry could have been completely crushed. If Oklahoma and Nebraska and Oklahoma had gotten their way, Amendment 64 which made commercial cannabis legal in Colorado would be deemed unconstitutional based on its violation of the constitution's Supremacy Clause. Whenever federal and state laws are in conflict, federal laws take precedent over state laws. Marijuana is illegal under federal law, so technically, Colorado and all other legal weed states are in violation of this rule. To the dismay of Nebraska and Oklahoma, however, not everything is always so cut and dry. The Justice Department itself has urged federal officers to make persecuting non-violent marijuana crimes in legal weed states a low priority, so building a case against Colorado based on its violation of federal drug policy proved a weak angle of focus and thanks to the high court's decision to not take up the case, commercial cannabis consumers, business owners, and industry professional's say its a positive for the marijuana industry.

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On June 26, 2018, Oklahomans voted overwhelmingly to pass State Question 788. This made the Sooner State the 30th state in the union to legalize a medical cannabis program. This historic event not only laid the groundwork to create the Oklahoma Medical Marijuana Authority but created the framework that allows residents to become licensed to use medical marijuana. Ever since the formation of the medical program in Oklahoma, there has been a surge of interest in medical marijuana. 

Patients want to quickly get licensed and get into a legal dispensary to buy everything from flower by the ounce to concentrates & carts, and even Rick Simpson Oil. One of the most common concerns, however, is whether a physical ID card is needed to get into a dispensary. 

Since many patients are notified of their approval before the card actually arrives, they are understandably eager to get stocked up on their preferred products. We’re going to dig into just what you’ll need to be able to shop your local dispensary, and how to best take advantage of local offers and discounts.

Can You Go Into A Dispensary Without A Card In Oklahoma?

The short answer is no. 

You will need a physical, state-issued medical marijuana card in order to even enter a dispensary. In most cases, once you enter the dispensary you will be required to present your medical card and photo ID to be allowed entry to the main sales floor.

Additionally, the law requires that anyone in possession of marijuana or other cannabis products, for medical purposes, to have a medical card. This means that even if you could get into a dispensary and buy something without a card, you would still be breaking the law by not being licensed to possess the products. This is crucial if you are stopped by law enforcement while transporting your medicine home. 

How Can I Get A Medical Card In Oklahoma?

Even though you’ll need a medical card to get into any medical marijuana dispensary in the Sooner State, getting one isn’t complicated, and once you’ve got it you’ll be able to get the medicine and care you need. Here’s a quick rundown on the steps you’ll need to take to get legal.

Qualifying

There are some basic qualifications that you’ll need to meet before you can make an official application, but it’s generally quick and easy. First, you’ll need to be at least 18 years old, and be able to prove your identity. You’ll also need to include current, valid proof of Oklahoma residency, and a full-face color digital picture.

The final qualifier is that your application will also need to include a recommendation from a licensed physician, which is the step that most people dread. However, unlike the medical programs in many other states, Oklahoma has not legislated a specific list of conditions that qualify. There are even telehealth services that allow you to meet with a physician, virtually, to obtain the recommendation needed for your Oklahoma medical card. 

Application & Approval

Once you have the required documentation and your physician’s recommendation, you’ll need to submit the application to the Oklahoma Medical Marijuana Authority or OMMA. They are the governing body charged with approving and licensing all activities related to medical cannabis.

I’ve Got My Oklahoma Medical Card - Now What?

Once you’ve got your card in the mail, all that’s left is to shop for your meds. Many patients will visit a dispensary that same day, and probably spend more than they need to on their purchase. 

Before you head out, the best thing to do is browse the dispensary’s inventories, look for deals, and place your order. This way you can get the best price on what you want, and it can help avoid impulse buys that may or may not be economical. Below are some of the most popular medical marijuana categories.

Flower

Dried flower is one of the most popular ways to consume medical cannabis. Not only is there a wide variety of strains and effects available, but it is often one of the most cost-effective products. Many dispensaries offer deals for flower by the ounce.

Prerolls

Like flower, but don’t like the hassle of constantly grinding it and rolling your own? Skip the whole process with professional prerolls. Same medicine without the wait, and perfect for portability.

Concentrates

Concentrates, dabs, wax. Call it what you will, but cannabis extracts are one of the hottest ways to consume. You can get a robust dose in just one or two hits while getting a richer terpene profile for the best smell and taste you can imagine.

Carts

For the potency of concentrates with unmatched portability, vape carts are the way to go. Full of delicious terpenes, and some of the highest potency products available. 

Edibles

With many conditions, smoking or even vaping can prove too harsh or difficult. For more convenient dosing, edibles like gummies, candy, and even drinks can have you feeling better fast.

Clones & Seeds

Many people prefer to grow their own, putting their own love and care into their medicine. To keep your garden full to its limits, local dispensaries will also have clones and seeds. Find deals on the strains you love, and get your green thumb working. 

Things to Know About Medical Marijuana in Oklahoma

The Oklahoma medical marijuana industry is booming, and with a little effort and a license fee, any residents with qualifying conditions and a physician’s recommendation can begin shopping. The state is also ready to ask Oklahomans to vote on State Question 819, which if passed, will create a recreational marijuana market for the Sooner State in just two months. 

While many other states have been able to pass recreational legislation on top of previously-approved medical infrastructure, some have failed or have taken much longer to implement. With that in mind, you may want to get your medical card now so that you can avoid delays, as well as take advantage of the ongoing coupons and sales that many dispensaries have. 

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Slowly but surely, pot prohibition is ending state by state. Usually, states start with okaying marijuana use for medical reasons. In June of 2018, that’s precisely what Oklahoma did.

That made it the 30th US state to allow medical weed use. In the first year, 7300 cannabis-related companies were licensed. Over 5% of Oklahoma residents are currently certified for prescribed pot.

As of yet, however, the government has not opened up the state for recreational use. However, the legislature did decriminalize possession for non-medical use. There’s still a fine, but no jail time for small amounts.

Let’s take a look at specific laws about Oklahoma medical marijuana. You should know particulars about licensing and possession.

Visitors to the state can get temporary permits. We’ll discuss that in more depth.

Then we’ll talk about the possibility of the state legalizing recreational in the future.

Lastly, we’ll show how you can save on Oklahoman prescribed pot.

Let’s start by detailing what the law allows.

What is OK in the Oklahoma Medical Use Law?

There’s something very significant about Oklahoma’s requirements for cannabis-consuming patients. That is that there are no qualifying conditions. All that is necessary is a doctor’s recommendation.

That’s unusual compared to other places with legalized medical marijuana. Other states, like Illinois for example, have a list of provisos for prescribing weed. Not so in Oklahoma.

So, what does the law stipulate?

The medical recommendation from a doctor must include written documentation.

There is a requirement that patients have to be at least 18 years old. Those younger than that need no less than two doctors to write recommendations. Underage applicants also must have the support of their parents or a guardian.

Only parents or guardians can pick the pot up from dispensaries for younger users.

Applications for all aspiring users are approved or denied within 14 days.

Cultivation of plants by and for patients is allowed. Though, like any other state that has legalized growing, there are limitations.

Caregivers can also be qualified to provide services. This benefits license holders who may be homebound.

Those applying to operate bud businesses must be at least 25 years old. They must also be state residents. All operations must be 75% owned by Oklahomans.

The fee for business licensing is $2500. It is non-refundable if the application fails.

Licenses, regulations, and administration fall to OMMA. That’s the Oklahoma Medical Marijuana Authority. They oversee rules and procedures for patients and caregivers. Further, dispensaries, growers, processors, and physicians fall under their jurisdiction.

The agency maintains a state website. There, patients and providers can apply for licenses. There are also links to streamline the process for personal and business applicants. And they give answers to frequently asked questions.

All medical cards are also registered with OBNDDC. That's the Oklahoma Bureau of Narcotics and Dangerous Drugs Control.

The cost of each application is $100. For patients with Medicaid or Medicare, the cost is only $20. All approved medical cards are good for two years.

What About Out-of-State Weed Patients?

Medical-use patients with a card from another state can apply for a temporary patient license. That waiver is good for 30 days. The cost for a temporary permit is $100, the same as a residential certification.

With a temp license, visitors can shop at any certified dispensary within the state. They can also possess and grow ganja. But only for 30 days from the issuing of their permit.

In 2021, a move was made to amend the rules for visitors. The Oklahoma House of Representatives did pass a bill expanding temporary licenses to 2 years. But that did not pass in the senate, thus the temp license remains at 30 days.

Tourists cannot bring their own stash of weed into Oklahoma. Marijuana is still federally illegal and so transporting any across state lines is a crime. Out-of-state medical users must buy within the state.

How Much Medical Marijuana Can You Buy at a Time?

Approved state license holders can possess up to eight ounces of marijuana flower in their homes. At any one time, patients are allowed three ounces of weed on their person.

For concentrates the limit is one ounce.

Edible products cannot exceed 72 ounces.

Those cultivating cannabis can own no more than six mature marijuana plants. Additionally, they may have up to six non-flowering seedling plants. So, that’s a combination of 12 plants altogether.

Out-of-staters with a temporary med card have the same purchasing and possession limits.

The state decriminalized possession, but that doesn’t mean there’s nothing to worry about. If you’re unlicensed and are holding cannabis, there is some concern.

Those who don’t have a med license face a minimum $400 fine if found in possession of pot. That’s if they have no more than 1 and a half ounces of cannabis. More than that and the fine steepens, plus there’s the likelihood of jail time.

For businesses, there are limits to sales to individuals. Provisioning centers are prohibited from selling over three ounces of cannabis flower. Restrictions specify no more than one ounce of marijuana concentrate dispensed at one time. There is a cap of 72 total ounces of medical marijuana products.

Is Recreational Next for Oklahoma?

As of early 2022, there are two petitions to put recreational pot use on the ballot. If passed, the initiative seeks to also have convictions for possession reversed. It also would expunge criminal records.

Also proposed is a 15% excise tax on potential sales. Currently, there is a 7% tax on all medical marijuana sales - plus state sales tax.

Time will tell if Oklahoma voters go the way of other states and add a recreational weed option.

Oklahoma Marijuana Deals on Cannasaver

Because Cannasaver is now in Oklahoma, medical marijuana cardholders can save some money!

It’s not hard to find great bud bargains, just type ‘Oklahoma’ into the upper search bar. Then click Oklahoma under location. That will show you relevant deals and dispensaries.

Then you can shop, save, and enjoy!

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