Can a Felon Get a Medical Card in Oklahoma?
The state legalized the use of medical marijuana in 2018 through State Question 788, and today, Oklahoma ranks among the top states for cannabis activity. In case you have a felony on your record and you would like to know if it is possible to get a medical marijuana card as a felon, you will be happy to learn that felons can indeed obtain one in Oklahoma.
The Direct Answer: Felons Can Qualify as Patients
Oklahoma Medical Marijuana Authority (OMMA) regulates the medical cannabis program of the state and provides licenses to patients. The criminal background check is not required under Oklahoma's patient application procedure. Under the current statute, no restrictions prevent convicted felons from applying for a license issued by the state of Oklahoma for medicinal purposes.
This applies to both drug-related and non-drug-related felonies.
Oklahoma Has No Qualifying Condition List
What stands out about the Oklahoma system compared to other state programs is that, contrary to the majority of states, Oklahoma does not have an exhaustive list of qualifying health conditions. On the contrary, it is the attending physician's task to decide whether there is a potential benefit from the use of medicinal cannabis.
Thus, there is much freedom of action granted to doctors, and the qualification criteria are relatively flexible. Some of the commonly recommended conditions are chronic pain, PTSD, anxiety disorders, cancer, insomnia, glaucoma, epilepsy, and arthritis.
An Important Legal Nuance: Deferred Sentences
The following is an aspect that would benefit many felons in Oklahoma, yet it is hardly made clear anywhere else. According to the laws of Oklahoma, a deferred sentence is not a conviction. Therefore, if in your case there was only a deferred sentence and not an actual conviction, you would still be eligible even for situations where your felony history would matter, such as in getting into the cannabis business.
If uncertain, you can check your case status at oscn.net. The date of your conviction is the date of your plea and not your probation completion date.
Caregiver Eligibility in Oklahoma
In Oklahoma, up to two caregivers may be designated by patients to purchase and use marijuana for medical purposes. Significantly, caregiver permits in Oklahoma are totally free of charge; there is no registration fee required.
The requirements in order to be eligible to become a caregiver in Oklahoma are rather lenient, especially when compared to other states. No requirement excludes felons from being considered a caregiver under a regular patient caregiver program. Nevertheless, a caregiver should meet the following requirements:
- Being at least 18 years old
- Residency of Oklahoma
- Completion of the online caregiver application process via the OMMA website
- Patient designation on the registry
As a felon, you have easier options in Oklahoma than in most states, even though consulting an attorney would be recommended.
Employment Protections for Oklahoma Cardholders
Employers are not permitted to discriminate against patients registered with the OMMA based on their medical marijuana status within the state of Oklahoma. Patients are not at risk of losing their jobs due to their OMMA license, but this employment protection is directly contingent upon the expiration date of your OMMA card.
Upon expiration of the card, employment protection is forfeited entirely, and possession of medical cannabis is considered a crime. This is true regardless of whether or not the cannabis was purchased through legal means and with a valid license. As such, renewal is crucial to ensure continued employment protection.
Employees in sensitive positions and those who work in law enforcement are not eligible for employment protection.
Legal Considerations for Felons
Federal Law
The status of marijuana as a Schedule I controlled substance under federal law holds:
- For federal probationers/parolees: Any use of marijuana when under federal supervision probably violates your probation or parole conditions. A state medical card does not offer any form of federal protection.
- For federal housing tenants: The use of marijuana in federally owned/subsidized housing may cause you to be subject to eviction.
- For federal employees: Federal agencies and/or federal contractors are not necessarily covered under Oklahoma's employment provisions.
State Probation
One of the common conditions that Oklahoma state probationers are expected to comply with involves maintaining drug free status. In case one is on probation and plans to obtain a medical marijuana card, he/she needs to seek approval from his/her probation officer. With probation conditions that bar any use of drugs, obtaining a medical marijuana card will constitute a breach of the probation condition.
Firearms
Under federal law, individuals using marijuana, for whatever reason, are not permitted to purchase firearms.
How to Get a Medical Marijuana Card in Oklahoma
All applications must be submitted online - there are no in-person or mail-in options.
Step 1 - See a licensed Oklahoma physician
Make an appointment with a licensed doctor of medicine, osteopathic medicine, or podiatric medicine in Oklahoma. The physician will evaluate your case and fill out the OMMA Physician Recommendation Form if necessary.
Step 2 - Submit your application through the OMMA portal
Submit your patient license application on oklahoma.gov/omma using the recommendation form filled out by the physician. To apply for a license, you require a state-approved identification card or driver's license.
Step 3 - Pay the application fee
The cost of a patient license is $104.30, inclusive of a credit card fee. Those covered by Medicaid (SoonerSelect), Medicare, or who are 100 percent disabled veterans have a lower licensing fee of $22.50.
Step 4 - Receive your card
OMMA has a 14-day turnaround for reviewing your application. After approval, the patient's license will be valid for two years. You can print it out and use it along with a valid ID card at any Oklahoma dispensary.
Bottom Line
Felons may apply for a medical marijuana card in Oklahoma. The system allows the physician to make the decision based on his or her best judgment, thus making the program one of the most inclusive in the United States. There is no background check done on those who wish to become patients. This is because the deferred sentence is particularly crucial to note in the law. If your case involved a deferred sentence, then that is not considered a conviction at all.
The process of application may become more difficult in cases where federal supervision, probation, or safety-sensitive employment exists. Seek professional legal advice before submitting your application.
Frequently Asked Questions (FAQs)
Does Oklahoma run a background check on medical marijuana patient applicants?
No. The Oklahoma Medical Marijuana Authority does not run criminal background checks on patients when considering applicants for a license. You will only need to show that your physician has recommended you, and you are a resident of Oklahoma - your criminal history will have nothing to do with this process.
Does a felony deferred sentence disqualify you from getting a medical card in Oklahoma?
No. In Oklahoma, a deferred sentence will not result in you having a felony conviction on your record. It is worth noting that this is crucial information; if your charges were dropped with a deferred sentence rather than a plea and judgment of guilt, then you will not be counted as having a felony conviction.
Can I apply for an Oklahoma medical card while on probation?
Possibly. But you must first speak with your probation officer about your eligibility. If you have been placed on probation with certain terms regarding the use of drugs, then it could be considered a violation of your conditions to have and use your medical marijuana card.
What conditions qualify for a medical marijuana card in Oklahoma?
There isn't an official list of approved ailments in Oklahoma. If your Oklahoma doctor finds that any ailment may be relieved by cannabis-based treatment, you will receive certification. The fact that Oklahoma doesn't have an approved list means that almost all ailments qualify, which is good news for applicants.
How much does an Oklahoma medical marijuana card cost, and how long is it valid?
The regular license fee for patients is $104.30, including the credit card processing fee. Patients who receive Medicaid benefits, those on Medicare, and 100% disabled veterans will be charged $22.50 instead. All cards last two years and can be renewed when they expire if you obtain a new medical certification. Caregivers don't have to pay anything for a license.
Do Oklahoma medical marijuana patients have employment protections?
Yes, but only as long as your card is still valid. The laws of Oklahoma protect OMMA patients from being penalized by employers because they hold their OMMA license. But once you let your card expire, these safeguards cease to apply to you. They won't apply to safety-sensitive positions or to anyone employed by the federal government.