Page 8 - CannabisOkMagOnlineMay2019

8 CANNABIS OKLAHOMA | MAY 2019

Patient Rights After the Unity Bill

Since the passage of State Question No. 788, the Oklahoma Medical Marijuana Authority (“OMMA”) has ap-
proved and issued over 100,000 patient licenses. On March 14, 2019, Governor Kevin Stitt signed the Oklahoma
Medical Marijuana and Patient Protection Act (the “Unity Bill”). As stated in the title, the Unity Bill provides
substantial clarification and has a substantial impact on patient rights. This article discusses several of the major
patient rights issues included in the Unity Bill.

Possession of Medical Marijuana

Under 63 Okla. Stat. §420A(A), a patient may possess:

• up to three ounces of marijuana on their person
• six mature marijuana plants
• six seedling plants
• one ounce of concentrated marijuana
• seventy-two ounces of edible marijuana
• eight ounces of marijuana in their residence.

The Unity Bill clarifies that the right to possess these products is cumulative and a licensed patient or caregiver
may possess all of the listed items at one time. Additionally, the Unity Bill prohibits city and county governments
from restricting or interfering with a licensed patient’s or caregiver’s right “to possess, purchase, cultivate or
transport medical marijuana within the legal limits.”

Patient Cultivation of Medical Marijuana Plants

The Unity Bill requires that all medical marijuana plants grown by a patient or caregiver be grown on real prop-
erty owned by the licensed patient or real property for which the licensed patient has the property owner’s writ-
ten permission to grow marijuana. All medical marijuana plants grown by a patient or caregiver shall be grown
so that the plants are not visible from any street next to the property and are not accessible by the public.

Restrictions on Use of Medical Marijuana

A patient in possession of a valid license shall not be subject to arrest or prosecution under state, county or
municipal ordinance or law or subject to disciplinary action by a business, occupational or professional licensing
board for medical use of marijuana in accordance with the law. All smokeable, vaporized, vapable and e-ciga-
rette medical marijuana products are subject to the same restrictions as tobacco products under the Smoking in
Public Places and Indoor Workplaces Act. The Unity Bill allows residential or commercial property owners or
business owners to prohibit the smoking or vaping of medical marijuana on its premises or within ten feet of the
entryway to the premises. A patient cannot be denied the right to consume legal medical marijuana products
that do involve smoking or vaping.

Possession of Firearms

A licensed patient or caregiver “shall not be denied the right to own, purchase or possess a firearm, ammunition