Delta 8 THC is a cannabinoid grown in the hemp plant that is quickly expanding in popularity nationwide with promising applications in both the medical and recreational field. While Delta 8 THC might feature familiar properties to the main chemical found in your common marijuana, Delta 9 THC, consumption results in different effects and generally less potency towards its users.
But is Delta 8 THC legal in Oklahoma?
Related article: What is Delta 8 THC?
Yes, Delta 8 THC is legal in Oklahoma
As of today (10/27/2020), Delta 8 THC is legal according to Oklahoma state law. Like the federal law, Oklahoma has legalized all derivatives, cannabinoids, and isomers of hemp including all tetrahydrocannabinols other than Delta 9 THC.
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The laws follow:
OKLAHOMA STATUTES. TITLE 2. AGRICULTURE
§2-3-401. Short title – Oklahoma Industrial Hemp Program.
This act shall be known and may be cited as the “Oklahoma Industrial Hemp Program”.
Added by Laws 2018, c. 64, § 1, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 2, emerg. eff. April 18, 2019.
3. “Industrial hemp” means the plant Cannabis sativa L. and any part of the plant, including the seeds thereof, and all derivatives, extracts, cannabinoids, isomers, acids, salts and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis;
TITLE 63. OKLAHOMA PUBLIC HEALTH CODE
23. “Marijuana” means all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin, but shall not include:
a. the mature stalks of such plant or fiber produced from such stalks,
b. oil or cake made from the seeds of such plant, including cannabidiol derived from the seeds of the marijuana plant,
c. any other compound, manufacture, salt, derivative, mixture or preparation of such mature stalks (except the resin extracted therefrom), including cannabidiol derived from mature stalks, fiber, oil or cake,
d. the sterilized seed of such plant which is incapable of germination,
e. for any person participating in a clinical trial to administer cannabidiol for the treatment of severe forms of epilepsy pursuant to Section 2-802 of this title, a drug or substance approved by the federal Food and Drug Administration for use by those participants,
f. for any person or the parents, legal guardians or caretakers of the person who have received a written certification from a physician licensed in this state that the person has been diagnosed by a physician as having Lennox-Gastaut Syndrome, Dravet Syndrome, also known as Severe Myoclonic Epilepsy of Infancy, or any other severe form of epilepsy that is not adequately treated by traditional medical therapies, spasticity due to multiple sclerosis or due to paraplegia, intractable nausea and vomiting, appetite stimulation with chronic wasting diseases, the substance cannabidiol, a nonpsychoactive cannabinoid, found in the plant Cannabis sativa L. or any other preparation thereof, that has a tetrahydrocannabinol concentration of not more than threetenths of one percent (0.3%) and that is delivered to the patient in the form of a liquid,
g. any federal Food and Drug Administration-approved cannabidiol drug or substance, or
h. industrial hemp, from the plant Cannabis sativa L. and any part of such plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis which shall only be grown pursuant to the Oklahoma Industrial Hemp Agricultural Pilot Program and may be shipped to Oklahoma pursuant to the provisions of subparagraph e or f of this paragraph;
38. “Tetrahydrocannabinols” means all substances that have been chemically synthesized to emulate the tetrahydrocannabinols of marijuana; [not hemp]
63. “THC” means tetrahydrocannabinol, which is the primary psychotropic cannabinoid in marijuana formed by decarboxylation of naturally tetrahydrocannabinolic acid, which generally occurs by exposure to heat;
STATE BILL 238. SECTION 1. C.
C. Retail sales of industrial hemp and hemp products may be conducted without a license so long as the products and the hemp used in the products were grown and cultivated legally in this state or another state or jurisdiction and meet the same or substantially the same requirements for processing hemp products or growing hemp. The addition of derivatives of hemp, including hemp-derived cannabidiol, to cosmetics, personal care products and products intended for human or animal consumption shall be permitted without a license and shall not be considered an adulteration of such products.
Cannabis Policy in Oklahoma
After kickstarting a medical marijuana program approved by Oklahoma voters under State Question 788 in 2018, the state has now over 340,000 active patients licensed and approved to consume marijuana for medical purposes. This has seen a huge tax generation for the state, as in 2019 $30 million in state and local taxes were generated solely from this venture, with this October already seeing $45 million in taxes generated, eclipsing the previous year.
After an overwhelming bipartisan approval for a major marijuana policy reform bill, HB 3228, Gov. Kevin Stitt instead of approving this bill declined the outcome and instead vetoed the policy reform. You can always voice your concerns when it comes to new marijuana policies by communicating with your state and local government. While not perfect, Oklahoma does have much better laws regarding cannabis than it's southern neighbor Texas (at least Delta 8 THC in Texas is legal).
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