Medical cannabis is legal in Oklahoma. Therefore, if you are filing for disability claims, it’s best to know what the regulations are regarding medical cannabis and disability claims. Continue reading to learn more about these laws in Oklahoma. It’s a good idea for employees to have an understanding of what is going on.
Oklahoma’s Medical Cannabis Laws
Medical cannabis is legal in Oklahoma, but it is not legal for recreational use. To legally obtain medical cannabis, you have to have a medical cannabis card. To get a card, there are a few requirements you must fulfil:
- A physician’s recommendation is required, as Oklahoma specifically does not list qualifying conditions, giving physicians broad discretion
- Proof of Oklahoma residency.
- A photo for your card.
- Finally, your payment.
Essentially, it’s up to your physician if you are eligible for a medical cannabis card.
Oklahoma’s possession limits include the following:
- You can have up to three ounces on you.
- You can have up to eight ounces in your home.
- You can have one ounce of concentrated cannabis.
- Up to seventy-two ounces of edible cannabis.
- You can have up to six plants of personal cultivation and up to six seedling plants, which is a total of 12 plants.
Disability Claims and Medical Cannabis
Medical cannabis is legal in 40 states. However, cannabis is still illegal under federal law. Since the Social Security Administration is a federal agency, any use of cannabis may harm your social security disability claim. The harm doesn’t just come from the illegality, but also because the SSA must determine if the substance use is a contributing factor to the disabling condition. Even if you are legally using medical cannabis, it could still influence an administrative law judge to deny or at least raise suspicions about your disability claim. It’s best to be honest about your medical cannabis usage.
While processing the application, the Social Security Administration will investigate the claim. If you’ve had cannabis in any form, they will be looking to see if the use has affected you in any of the following ways:
- Has cannabis use contributed to your disability?
- Would your disabling condition continue to prevent you from working if you stopped using cannabis?
- Are any of your symptoms caused by cannabis?
Read More: How Medical Marijuana Affects Disability Claims In Oklahoma
Disability Claims
In Oklahoma, a disability refers to a physical or mental impairment that substantially limits an individual’s ability to work. Also, the individual’s disabling condition must last or be expected to last a minimum of 12 months, or it is a terminal condition. Below are examples of who qualifies for disability benefits in Oklahoma:
- Disabled Widows or Widowers
- Disabled Workers Dependents: children related to the disabled individual can receive benefits if they are younger than 18 or 18 years old and still in high school.
- Adults Living With Childhood Disabilities
There are two types of disability benefits in Oklahoma:
- Social Security Disability Insurance (SSDI)
- Must be under 67 years old
- Meet the “work credits” for your age
- Supplemental Security Income (SSI)
- Have very few assets (less than $2,000 in personal or retirement savings or $3,000 for a couple).
- Have very little or no income, generally less than $1,000 per month.
- Medical Cannabis Law SQ 788 contains limited employment protections as well.
These programs are both regulated by the Social Security Administration. Both programs have different qualifications, so make sure you are using the one that fits your needs.
Most Common Conditions
- Mental Disorders: Depression, Bipolar, Intellectual Disorders, Schizophrenia
- Diseases of the musculoskeletal system, nervous system, or circulatory system
- Neoplasms
- Congenital Abnormalities
There are many other examples as well; these are just a few that fall under the disability claims.
What to do About Medical Cannabis and Disability Claims in Oklahoma
If you believe that you qualify for disability claims but don’t know if you’ll be accepted because of medical cannabis, reach out to Brune Law Firm. They will be able to help you figure out all the logistics when it comes to disability claims.