Provider Letter - Administrative Letter 19-07

OKLAHOMA DEPARTMENT OF HUMAN SERVICES

Developmental Disabilities Services Division

Sequoyah Memorial Office Building
PO Box 25352
Oklahoma City, OK 73125-9907

PH: (405) 521-3571 FX: (405) 522-3037 www.okdhs.org

Dear providers,

Licensing of medical marijuana use was approved by the passage of State Question 788.  The regulatory authority for medical marijuana licensing is the Oklahoma Medical Marijuana Authority, a division of the Oklahoma State Department of Health.  The legal authority is found in Title 63 of the Oklahoma Statutes, Section 420A through 426, and Oklahoma Administrative Code (OAC) 310:681-1-1 et seq.  The medical marijuana statutes and administrative rules may change over the next 12-18 months, so the content of this letter is based on currently available information. 

Currently, medical marijuana is treated similar to the way Developmental Disabilities Services (DDS) addresses certain prescription medications like opioids.  A caregiver license may be recommended for an individual caring for a patient when that patient is likely to receive therapeutic or palliative benefit from medical marijuana use and is homebound and unable to ambulate sufficiently to leave his or her residence or does not have the capability to self-administer or purchase the medical marijuana due to a physical or cognitive impairment.  DDS does not have any restrictions regarding which provider agency employees can be designated as licensed caregivers, but per the administrative rules, each patient can only have one caregiver. Licensed caregivers can have more than one patient. 

This guidance is intended to help providers address common medical marijuana questions and concerns.  Medical marijuana legalization in Oklahoma is in its infancy, so we continue to explore and understand its impact on services provided to individuals with an intellectual disability.  Many questions will arise concerning medical marijuana and its impact on the system.  These questions will be addressed on a case-by-case basis and resolved by conferring with multiple sources.  When the circumstances involve provider-specific medical marijuana questions, it may be more appropriate for providers to confer with their own private legal counsel.  When, a question involves a specific service recipient, please include that individual's personal support team in the discussion.  Medical marijuana information including license application, news, and the rules and regulations can be found at

DDS is creating a workgroup to determine if passage of the medical marijuana law will result in the need for policy, program and system changes.  If you would like to participate in this workgroup please email Chelsea Wells at

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Sincerely,

Beth Scrutchins, Director

Developmental Disabilities Services

Department of Human Services