THE OKLAHOMA BAR JOURNAL 34 | MAY 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. LEGALIZED CANNABIS1 BURST ONTO OKLAHOMA’S AGRICULTURAL LANDSCAPE when the polls closed at 7 p.m. on June 26, 2018. Like homesteaders taking off at high noon on April 22, 1889, building cities overnight on the prairie, cannabis businesses popped up on every corner as the program was up and running in 60 days with little oversight and regulation. Now, nearly seven years later, we are still working out the place medical cannabis has in Oklahoma and the best means of regulation. Cannabis has quickly become one of Oklahoma’s largest cash crops and has brought millions of new dollars into the economy since legalization. CANNABIS AS AN AGRICULTURE CROP Simply defined, agriculture is the art and science of the cultivation of soil for the raising of crops and livestock.2 The U.S. Department of Agriculture defines horticulture as a branch of “agriculture concerned with growing plants that are used by people for food, for medicinal purposes, and for aesthetic gratification.”3 Crops are “plants that are cultivated either for sale or for subsistence.”4 Oklahoma law defines horticulture as “agriculture science relating to the cultivation of gardens or orchards, including, but not limited to the growing of vegetables, flowers, and ornamental trees and shrubs.”5 Oklahoma’s medical marijuana program is focused on cultivating, processing and distributing the plant “cannabis sativa” for use as medicine as defined in Title 63 of the Oklahoma Statutes.6 Therefore, cultivating, growing and processing cannabis, aka “medical marijuana,” is agriculture under the law, even though many in the legal system may not want to recognize its role as an agricultural crop. A SHIFTING LEGAL LANDSCAPE As of Feb. 11, 2025, 24 states, Guam, the Northern Mariana Islands and the U.S. Virgin Islands have legalized “adult use” or “recreational use” of cannabis.7 Six states – Hawaii, Indiana, Kentucky, New Hampshire, Tennessee and Texas – have live proposed bills for adult-use cannabis.8 Bills are also pending in Alabama, Iowa, Pennsylvania, South Carolina and Wyoming that would decriminalize or remove possible jail time for simple possession.9 Thirty-nine states – along with Washington, D.C., and the U.S. territories of Guam, the Northern Mariana Islands, Puerto Rico and the U.S. Virgin Islands – have medical programs, with bills pending in Indiana, Iowa, South Carolina, Tennessee and Texas for medical cannabis.10 If the pending bills pass in Iowa, South Carolina and Wyoming, then Kansas would be the only state with no level of legalized cannabis use or possession.11 For years, marijuana has been defined as an addictive substance, and it is listed as a Schedule I drug. According to the Drug Enforcement Administration (DEA), a Schedule I drug is one that has no currently accepted medical use and has a high potential for abuse.12 Cannabis, like any drug (legal or illegal) – including sugar, caffeine and nicotine – has the potential for misuse and abuse. On Aug. 30, 2023, the U.S. Department of Health and Human Services reported it was recommending that cannabis be lowered to Schedule III from Cannabis Law Oklahoma’s Newest Crop By Rachel L. Bussett
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