Oklahoma § 63-427.10 - Physicians who may provide a recommendation – Physician

§ 63-427.10. Physicians who may provide a recommendation – Physician

immunity.

A. Only licensed Oklahoma allopathic, osteopathic and podiatric

physicians may provide a medical marijuana recommendation for a

medical marijuana patient license under the Oklahoma Medical

Marijuana and Patient Protection Act.

B. A physician who has not completed his or her first residency

shall not meet the definition of “physician” under this section and

any recommendation for a medical marijuana patient license shall not

be processed by the Oklahoma Medical Marijuana Authority.

C. No physician shall be subject to arrest, prosecution or

penalty in any manner or denied any right or privilege under state,

Oklahoma Statutes - Title 63. Public Health and Safety

municipal or county statute, ordinance or resolution, including

without limitation a civil penalty or disciplinary action by the

State Board of Medical Licensure and Supervision, the State Board of

Osteopathic Examiners, the Board of Podiatric Medical Examiners or

by any other business, occupation or professional licensing board or

bureau, solely for providing a medical marijuana recommendation for

a patient or for monitoring, treating or prescribing scheduled

medication to patients who are medical marijuana licensees. The

provisions of this subsection shall not prevent the relevant

professional licensing boards from sanctioning a physician for

failing to properly evaluate the medical condition of a patient or

for otherwise violating the applicable physician-patient standard of

care.

D. A physician who recommends use of medical marijuana shall

not be located at the same physical address as a licensed medical

marijuana dispensary.

E. If the physician determines the continued use of medical

marijuana by the patient no longer meets the requirements set forth

in the Oklahoma Medical Marijuana and Patient Protection Act, the

physician shall notify the Oklahoma Medical Marijuana Authority and

the license shall be immediately voided without right to an

individual proceeding.

F. The Authority shall create and maintain a registry of

recommending physicians. Beginning January 1, 2026, to be eligible

to provide a medical marijuana recommendation to a licensed patient,

a physician shall be registered with the Authority.

G. To be registered with the Authority, a physician shall

comply with the medical education and continuing medical education

requirements described in this section and shall meet all other

requirements established by law or rule for the recommending

physician’s respective licensure board. The medical education

related to medical marijuana shall be completed prior to the

physician being listed on the registry and shall be completed

annually to remain on the registry.

H. The Executive Director of the Oklahoma Medical Marijuana

Authority shall promulgate rules to establish initial medical

education and continuing medical education requirements for

recommending physicians. The State Board of Medical Licensure and

Supervision, the State Board of Osteopathic Examiners, and the Board

of Podiatric Medical Examiners may consult with the Executive

Director of the Authority to develop or identify a list of approved

medical education courses for recommending physicians.

Added by Laws 2019, c. 11, § 10. Amended by Laws 2019, c. 390, § 2,

emerg. eff. May 15, 2019; Laws 2021, c. 553, § 14, eff. Nov. 1,

2021; Laws 2022, c. 251, § 12, eff. Nov. 1, 2022; Laws 2025, c. 134,

§ 1, emerg. eff. May 9, 2025.

Oklahoma Statutes - Title 63. Public Health and Safety