Is Delta 8 THC Legal in Oklahoma?

Legality of buying Delta 8 THC in Oklahoma

View all Delta 8 THC Legal States Information

In the State of Oklahoma, Delta 8 is legal. Though, it should be noted that there are some exceptions to this rule depending on what you plan to do with Delta 8 and how much Delta 9 THC (the psychoactive ingredient in both industrial hemp and marijuana) is in your product. Let's review why Delta-8 THC is legal in the state.

 

Yes, Delta 8 THC is legal in the State of Oklahoma.

In Oklahoma, Delta 8 THC is allowed. Delta 8 legal questions have been arising as the intoxicating effects of legal Delta-8 (which is federally legal when derived from industrial hemp) continue to be shared on social media and purchased online. The psychoactive properties of the hemp products result in what is now known as the "Delta-8 effects"-- a phrase coined for the distinctive effects experienced when users seek to get high from a form of cannabis. If you're already a customer, you already know about the familiar properties it has to the use of the products derived from the marijuana plant, however, unlike marijuana, the industrial hemp plant provides similar psychoactive effects when extracted properly-- and it's federally legal.

A state-issued medical marijuana card is no longer necessary to get a legal high in the state. The state's medical marijuana program has already brought in over $28 million dollars in revenue (from State and Local Sales Tax) so far this year, and the Oklahoma Medical Marijuana Authority is on-track for exceeding last year's numbers with grossing over $70 million dollars in tax revenue in 2020. With retail sales surging due to the rising popularity, the Oklahoma Industrial Hemp Program is set to play its part in overseeing a sales record-breaking year with the introduction of this psychotropic cannabinoid, which is technically a hemp isomer found naturally in the industrial hemp plant.

Understanding the difference between products is important, as only industrial hemp is federally legal. Derivatives of hemp, including the famous nonpsychoactive cannabinoid, hemp-derived cannabidiol (CBD), became federally legal in 2018 when the president signed the Farm Bill of 2018 into law. Signing that into law, opened up an entirely new line of CBD-infused products on the market, as well as other isomers of hemp, including, salts of isomers. Even more impressive, the federal Food and Drug Administration-approved cannabidiol drug, Epidiolex, became the big story giving hope to the new industrial hemp market.

The Food and Drug Administration (FDA) has been active in warning bad actors in the industry, which is a positive sign for industrial hemp consumers and producers. Far from being standardized across-the-board, the cannabinoid in marijuana (and industrial hemp) delta-9 tetrahydrocannabinol concentration (Delta-9 THC) has had a checkered past, being the most abundant type of THC found in Cannabis Sativa, and more time is needed to sort out the legalities of all hemp-derived cannabinoids at the federal level.

Delta-9 THC gets you high, and so does Delta-8 THC. Delta-9 Tetrahydrocannabinols of marijuana are prohibited at the federal level. However, Delta-9 Tetrahydrocannabinols of hemp are regulated to not exceed .3% at the federal level, and require a medical card if exceeded at the local-level. Delta-8 Tetrahydrocannabinols of hemp are not regulated at neither the federal nor the state-level. To learn about the state's stance on Tetrahydrocannabinols, we must review the current legislation in Oklahoma.

Current Oklahoma Delta-8 Legislation

With Senate Bill 238 which was sponsored by Senators Standridge and Allen, along with Representative Marti in the House, it provided legislation pertaining to industrial hemp in the state.

In the document, it states:

NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 1-1431 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. Any manufactured product containing cannabidiol, as provided for in Section 2-101 of Title 63 of the Oklahoma Statutes, shall include a label which contains, at a minimum:
1. The country of origin of the cannabidiol; and
2. Whether the cannabidiol is synthetic or natural.
B. The provisions of this section shall not apply to any pharmaceutical product approved by the Food and Drug Administration.
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.

This Act became effective on 11/1/2019. Oklahoma Statutes Section 1-1431 of Title 63 relates to labeling requirements. In Section 2-101 of Title 63, it involves the testing protocols in the state. Specifically, it defines industrial hemp as the following:

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 not be grown anywhere in the State of Oklahoma but may be shipped to Oklahoma...

According to the law, industrial hemp-derived products which don't exceed .3% Delta-9 THC, including Delta-8 THC Products, are legal in the state. Under the new legislation, all hemp-derived cannabinoids are legal. The distinction is that these products are derived from hemp and not marijuana. Oklahoma also amended its public health code to specify which kinds of cannabis were prohibited, defining “tetrahydrocannabinols” as those derived from “marijuana,” and not any other kind of hemp.

Oklahoma Industrial Hemp Act

In Oklahoma, House Bill 2913 has paved the way for farmers to cultivate hemp with university involvement for research and development. This Act established the Oklahoma Industrial Hemp Agricultural Pilot Program. Additionally, this Act amended the Uniform
Controlled Dangerous Substances Act which removed industrial hemp from the list. Today, licenses and oversight for the state's industrial hemp program is managed by the Oklahoma Department of Agriculture, Food and Forestry.

List of controlled substances

Oklahoma amended their Uniform Controlled Dangerous Substances Act to highlight hemp derived products as an exemption to "marijuana". If Delta-8 THC is derived from legal hemp material, then it is legal in Oklahoma.

Buying and Shipping Delta 8 in Oklahoma

Since Delta 8 is legal in the State of Oklahoma, residents can buy top-shelf Delta 8 products with a shipping address located in the state. With Delta-8 THC allowed in the State, it has opened the market for a variety of products to choose and enjoy. Everything from edibles to industrial hemp oil-based products, including the new water soluble improved bioavailable product, are all available to purchase and consume. Delta 8 THC Products do not require a medical card to purchase.

Border States to Oklahoma:

Colorado, Kansas, Missouri, ArkansasTexas and New Mexico

Advocacy Groups in Oklahoma Supporting Delta 8 and Hemp Laws

Oklahomans are continuously showing support of Delta 8 and pushing towards better Hemp Laws in the state. Check out some of the standout organizations in Oklahoma:

Oklahoma Cannabis Chamber of Commerce

Oklahoma Cannabis Liberty Alliance

Oklahoma Medical Marijuana Advocacy

News stories covering raids or busts on Delta 8 Products and stores in Oklahoma

8/5/2021

Oklahoma medical marijuana regulators sued over new business rule

 

4/30/2021

Oklahoma judge suspends state’s cannabis seed-to-sale requirement

 

4/13/2021

Oklahoma City service industry staff shortage as workers transition to cannabis

 

3/17/2021

Oklahoma House Passes Bill to Limit Medical Cannabis Licenses