TL;DR
As of the time of writing, CBD is legal in Oklahoma. However, like everywhere else in the United States, CBD must be derived from Hemp and must contain less than 0.3% THC to be legal. Below are basic laws and important points:
- Use: Legal
- Possession: Legal up to 3 ounces on person
- Sales: Legal with a license
CBD defined
Cannabidiol (CBD) is an extract derived from the hemp plant and is often used for its potential health benefits. CBD is separate and distinct from THC, another compound found in cannabis plants. THC is psychoactive and gives users a ‘high’, whereas CBD does not have the same effect. This key difference often factors into its legality.
Overview of CBD Legislation
Key Terms
CBD: Cannabidiol, non-psychoactive compound found in cannabis.
Hemp: A variant of Cannabis sativa L., often cultivated for industrial use like fiber, oil, or seeds. Hemp has low THC content.
Marijuana: Cannabis with much higher THC content, often cultivated for medicinal or recreational use.
Full-spectrum: Contains all compounds naturally occurring in the plant, including terpenes, essential oils, and other cannabinoids.
Isolate: Pure CBD, without any other cannabinoids.
Legal Landscape
In the United States, the federal law permits hemp-derived CBD as legal if it contains less than 0.3% THC. In Oklahoma, Senate Bill 238 made it clear that CBD is legal, and products can be sold in stores and online.
Regulatory Bodies
The Oklahoma Department of Health and Human Services regulates CBD within the state.
Conditions and Restrictions
In Oklahoma, CBD must be derived from Hemp and contain less than 0.3% THC to be legal. Both full-spectrum and CBD isolate products are legal under the law.
Historical Context
The 2014 Farm Bill allowed for the cultivation of hemp for research purposes. Fast forward to the passage of the 2018 Farm Bill, which officially differentiated hemp from marijuana, thereby legalizing hemp-based CBD products at the federal level. Oklahoma Senate Bill 238 was introduced and passed in 2019, which clarified that CBD products are legal to sell, buy, and use in Oklahoma.
Possession, Use, Cultivation and Sales
In Oklahoma, you are allowed to possess up to 3 ounces of CBD on your person and no limit as to how much you can have at home. Any retail stores selling CBD in Oklahoma must obtain a license from the Oklahoma Bureau of Narcotics and Dangerous Drugs.
The 2018 Farm Bill allows for the cultivation of hemp in the USA subject to certain conditions. In Oklahoma, the Oklahoma Department of Agriculture, Food and Forestry oversees the cultivation of industrial hemp.
Enforcement and Penalties
Violating CBD laws in Oklahoma can lead to penalties ranging from fines to imprisonment. Those prosecuted for having more than is legally permitted or selling without a license can face serious criminal charges, with penalties varying depending on the severity of the offense.
Comparative Analysis
While CBD is legal in Oklahoma and many other U.S. states, the legal landscape can vary considerably from state to state or internationally. Even though hemp-derived CBD is federally legal in all 50 states, some states have stricter rules concerning the sale and use of hemp-derived CBD products.
Conclusion
As the perception around cannabis continues to shift positively, it’s safe to predict the CBD industry will continue to grow in Oklahoma and nationally. The existing legal framework not only allows for the possession and use of CBD, but also opens the door for research into the full potential that CBD provides.
