Oklahoma

Oklahoma runs an unusually open hemp-derived Delta-9 market for a red state, structured around three legislative acts and the country’s largest per-capita medical cannabis program. SB 868 (2019), signed by Gov. Kevin Stitt in April 2019, decriminalized hemp at the state level and directed the Oklahoma Department of Agriculture, Food and Forestry (ODAFF) to develop a USDA-compliant state hemp program under 2 O.S. § 3-401 et seq. The Oklahoma Industrial Hemp Agricultural Pilot Program at HB 2913 (2018) laid the foundation. Critically, SB 1033 (2021) explicitly excluded delta-8 THC products from Oklahoma’s marijuana definition — a rare permissive move at a time when most states were closing that loophole. The result: Oklahoma retailers can lawfully stock and sell hemp-derived delta-8, delta-9, delta-10, and other cannabinoids provided they meet the total-THC cap. That cap is calculated under Okla. Admin. Code § 35:30-24-2 as delta-9 + 0.877 × THCA at ≤0.3% dry weight — which does close the THCA flower loophole at Oklahoma retail. There is no state-level milligram cap on hemp beverages, no express state age restriction in the hemp statute, and no separate hemp retail license required beyond the ODAFF cultivation/processing framework. National hemp brands ship hemp-derived Delta-9 beverages (5-10mg per can), 10mg gummies, and higher-potency products freely into Oklahoma addresses. Alongside the permissive hemp market, Oklahoma runs the country’s largest medical cannabis program under the Oklahoma Medical Marijuana Authority (OMMA), established by State Question 788 (voter-approved 57-43 in June 2018) and codified at 63 O.S. § 427 et seq. At the program’s 2022 peak, Oklahoma had ~9,000 licensed cannabis businesses. That number has declined significantly through 2024-2026 as OMMA tightened compliance and rejected renewals; approximately 2,000+ operating dispensaries remain as of mid-2026. Adult-use legalization has failed — State Question 820 was rejected 62-38 on March 7, 2023, and no comparable measure is on the current ballot. What’s changed since 2023 is Governor Stitt’s posture. Stitt issued executive direction in 2023 instructing OMMA and the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD) to examine intoxicating hemp regulation, and reinforced that direction in April 2025 by ordering intensified enforcement against unregulated psychoactive products including hemp-derived delta-8, delta-10, HHC, and THC-O. OMMA’s Executive Advisory Council handout from July 11, 2025 expressly framed the first legislative step as removing statutory prohibitions that prevent OMMA from regulating delta-8 and delta-10 THC — language that has carried into 2026 session conversations. ODAFF issued a Hemp Clarification Letter on January 16, 2026 that reinforced the total-THC compliance standard and explicitly previewed Section 781’s impact on Oklahoma retailers: hemp products with more than 0.3% total THC or more than 0.4mg total THC per container will fall outside the federal hemp definition on November 12, 2026 and revert to Schedule I under the Controlled Substances Act. The letter also addressed a specific compliance question — post-harvest addition of THC to hemp products that would cause the finished product to exceed the total-THC caps is not permitted. For the federal cliff on November 12, 2026, Oklahoma is one of the more exposed permissive markets: the total-THC calculation is already in place, but no state mg cap means Section 781’s 0.4mg per-container ceiling will reshape hemp Delta-9 beverage math without pre-alignment. Given Stitt’s ongoing enforcement posture and OMMA’s stated interest in gaining jurisdiction over intoxicating hemp, expect Oklahoma to codify tighter rules in the 2027 session with federal cover — likely folding intoxicating hemp partially or fully into OMMA’s regulatory jurisdiction, imposing serving/package mg caps, and possibly establishing a formal state 21+ age gate. The 2026 session (running through May 31) had multiple bills in play but none reached final passage.