Like many other states, Oklahoma allows the medical use of marijuana. However, there are still a few regulations regarding where these products can be used.
With that in mind, is weed legal in Oklahoma reservations? The legal landscape can become cloudy if it involves Native American areas within the state. Let’s take a look at the legalities of weed on Oklahoma reservations and why this question is not always easy to answer.
Current Oklahoma Medical Marijuana Laws
Under current state laws, Oklahoma residents with a valid medical marijuana license can legally purchase, possess, and use marijuana for medical purposes. These individuals are allowed to have:
- Up to three ounces of marijuana on their person
- Six mature plants
- Six seedling plants
- One ounce of concentrated marijuana
- 72 ounces of edible marijuana
- Up to eight ounces of marijuana in their residence
The Oklahoma Medical Marijuana Authority (OMMA) is the agency responsible for overseeing the regulation of medical cannabis. With their enforcement, they make sure all patients, caregivers, and dispensaries comply with state laws.
Prospective patients must obtain a recommendation from a licensed physician to qualify for a medical marijuana license.
While the program is in place, recreational marijuana remains illegal in Oklahoma, and possession without a medical license can result in criminal charges. But do these laws apply to those Native American lands in the state? Let’s look at the delicate balance between state, federal, and tribal laws in Oklahoma.
Federal Law and Native American Sovereignty
While state law may have decriminalized medical marijuana, the United States federal government still classifies it as a Schedule I controlled substance under the Controlled Substances Act (CSA). With that, the cultivation, distribution, and use are still illegal on a federal level.
However, regulations on tribal lands may differ. Many of these nations do have a certain degree of sovereignty. In turn, they have the ability to govern themselves and make their own laws, including marijuana usage.
While tribes could legalize marijuana on their lands, there is a question of federal law. As a result, they may choose to permit marijuana use and cultivation on their reservations, there is a risk of federal enforcement actions.
Back in 2013, the Department of Justice’s Cole Memorandum provided guidelines for federal prosecutors regarding marijuana enforcement. In turn, they gave some leeway for states and tribes to regulate marijuana. But in 2018, it was rescinded, and now there is some uncertainty in marijuana enforcement.
Marijuana Usage on Oklahoma Reservations
Since the legal status is not uniform, plenty of questions remain about the legalities of marijuana usage. Today, these laws will depend on the specific tribe and its laws. Some tribes in Oklahoma have enacted their own marijuana policies.
For example, the Cherokee Nation, one of the largest tribes in Oklahoma, has taken a cautious approach to marijuana legalization. While the tribe has considered allowing medical marijuana on its land, the practice has not been fully embraced. Why? The tribe still has many questions about whether doing so will lead to unwanted federal enforcement and issues with state law.
The Muscogee (Creek) Nation and the Osage Nation have also pondered the idea of legalizing marijuana on their lands. But with the dial of federal enforcement and substance abuse, these ideas have been abandoned for now.
Find Out More About the Legalities of Marijuana Usage on Tribal Lands
Is weed legal in Oklahoma reservations? Well, that answer is very complicated. While tribes in Oklahoma have the sovereign authority to establish their own marijuana laws, they still have to think about federal and state regulations.
If you would like to know how these laws could affect your cannabis-based business, feel free to reach out to the Brune Law Firm. You can schedule a consultation by calling us at (918) 238-7580.