The Oklahoma medical marijuana program is in full swing.  The state has not put a restriction on the number of cannabis business licenses, so there have been thousands of applications and there are thousands of cannabis business license holders.  The medical marijuana patient as of the date of this posting (Oct. 2019) is over 200,000.

 

Here, J. Whitney& Co. has provided a guide to the Oklahoma regulations, categorizing the regulations so you can navigate them easily and know where each one fits into your SOPs and into your actual operations.This navigation tool lays out all of the definitions of terms in the cannabis program, and categorizes regulations into important topics, providing the citation number and topic for each so you can find exactly what you're looking for when reading the Oklahoma medical marijuana regulations.

 

Connect with us at jwhitneyco.com to learn more about how our team can help you with start-up and operations of your high-level Oklahoma cannabis business.  In such a saturated market, planning for success, and knowing how to excel at operations and compliance is your best competitive advantage.

 

NAVIGATION TOOL FOR OKLAHOMA CANNABIS REGULATIONS

 

PROGRAM TYPE: Medical

 

REGULATIONTITLE:

TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH

CHAPTER 681. MEDICAL MARIJUANA CONTROL PROGRAM

REGULATORY AUTHORITY: Oklahoma Medical Marijuana Authority

 

WEBSITE:  OMMA.OK.GOV

 

DEFINITIONS

This may seem like a whole lot of definitions. WHY in the word would we post EVERY definition from the regulation. Well, at the time we wrote this blog, the only available version of the regulations were updated by crossing out some sections and adding others. This meant that there wasn't an easy to read and cohesive version of the definitions were not available. So we updated, by deleting the crossed out sections and giving the clear versions of the definitions.

"Advertising"means the act of providing consideration for the publication, dissemination, solicitation, or circulation of visual, oral, or written communication to induce directly or indirectly any person to patronize a particular medical marijuana business or to purchase any particular medical marijuana or medical marijuana products. "Advertising" includes marketing but does not include packaging and labeling.

"Applicant"means the natural person or entity in whose name a license would be issued.

"Application status" means the status of a submitted application and includes the following:

  • (A)" Submitted" means the application has been submitted but a review is not yet complete;
  • (B) "Rejected" means the application has been reviewed but contains one or more errors requiring correction by the applicant at no additional fee before a final determination on the application can be made."Rejected" does not mean the application is denied.
  • (C) "Approved" means the application has been approved and that a license will be issued and mailed to the applicant; and
  • (D)"Denied" means the applicant does not meet the qualifications underOklahoma law and this Chapter for a license.

"Authority"or "OMMA" means the Oklahoma Medical Marijuana Authority, a division of the Oklahoma State Department of Health.

"Batch number" means a unique numeric or alphanumeric identifier assigned prior to any testing to allow for inventory tracking and traceability.

"Cannabinoid"means any of the chemical compounds that are active principles of marijuana.

"Caregiver"means a family member or assistant who regularly looks after a licensed patient whom a physician certifies is homebound or needs assistance.

"Child-resistant"means packaging that is:
(A) Designed or constructed to be significantly difficult for children under five (5) years of age to open and not difficult for normal adults to use properly as defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R. 1700.20 (1995);

(B) Opaque so that the outermost packaging does not allow the product to be seen without opening the packaging material; and (

(C) Resealable to maintain its child-resistant effectiveness for multiple openings for any product intended for more than a single use or containing multiple servings.

"Clone"means a non-flowering plant cut from a mother plant that is capable of developing into a new plant and has shown no signs of flowering.

"Commercial establishment" ("Establishment"), or "Commercial licensee", or "Medical Marijuana Business" means an individual or entity licensed by the Department as a medical marijuana dispensary, grower, processor, or researcher transporter.

"Commercial license" or "Business license" means a license issued by the department to a medical marijuana dispensary, grower, processor, or transporter.

"Commissioner"means the Commissioner of Health of the Oklahoma State Department of Health.

"Complete(d)application" means a document prepared in accordance with Oklahoma law, these Rules, and the forms and instructions provided by the Department, including any supporting documentation required by the Department and the license fee.

"Department"means the Oklahoma State Department of Health or its agent or designee.

"Dispense"means the retail selling of medical marijuana, or medical marijuana products that are packaged and labeled in accordance with the law to a licensed patient, the licensed patient's parent(s) or legal guardian(s) if licensed patient is a minor, and or a licensed caregiver.

"Dispensary"or "Commercial Dispensary" means an individual or entity that has been issued a medical marijuana commercial license by the Department, which allows the dispensary to purchase medical marijuana or medical marijuana products from a licensed processor, grower, or dispensary;  to sell medical marijuana and medical marijuana products to a licensed patient, to the licensed patient’s parent(s) or legal guardian(s) if licensed patient is an minor, and a licensed caregiver; and to sell, transfer, and transport or contract with a commercial transporter to transport medical marijuana or medical marijuana products to another licensed dispensary.

"Dispose"or "Disposal" means the final disposition of medical marijuana waste by either a process which renders the waste unusable through physical destruction or a recycling process

"Disqualifying criminal conviction" means:

  • (A) Any non-violent felony conviction within last two (2) years of submitting an application to the Department;
  • (B) Any violent felony conviction for an offense listed in 57 O.S. § 571(2) within last five (5) years of submitting an application to the Department; or
  • (C) Incarceration for any reason during submission of application to theDepartment.

"Entity"means a an individual, sole proprietorship, a general partnership, a limited partnership, a limited liability company, a trust, an estate, an association, a corporation, or any other legal or commercial entity.

"Entrance to a private or public school" means an opening, such as a door, passage, or gate, that allows access to any public or private schools, including school buildings, facilities, or other indoor and outdoor properties utilized for classes or school activities.

"Flower"means the reproductive organs of the marijuana or cannabis plant referred to as the bud or parts of the plant that are harvested and used to consume in a variety of medical marijuana products.


"Flowering" means the reproductive state of the marijuana or cannabis plant in which there are physical signs of flower or budding out ofthe nodes of the stem.

"Food"has the same meaning as set forth in 63 O.S. § 1-1101 and the OklahomaAdministrative Code ("OAC") 310:257-1-3 ("'food' means (1)articles used for food or drink for man, (2) chewing gum, and (3) articles used for components of any such article") and set forth in OAC 310:260-1-6("'food' means any raw, cooked, or processed edible substance, ice, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption").

"Grower"or "Commercial grower" means an individual or entity that has been issued a medical marijuana commercial license by the Department, which allows the grower to grow, harvest, dry, cure, package, sell, transfer, and transport or contract with a commercial transporter for the transport of medical marijuana in accordance with Oklahoma law and to this Chapter to a dispensary, processor, grower or testing laboratory.

"HarvestBatch" means a specifically identified quantity of usable medical marijuana, no greater than ten (10) pounds, that is uniform in strain, cultivated utilizing the same cultivation practices, harvested at the same time from the same location, and dried or cured under uniform conditions.

"Immature plant" means a nonflowering marijuana plant that has not demonstrated signs of flowering.

"Inventory tracking system" means a required tracking system that accounts for the entire life span of medical marijuana, from either the seed or immature plant stage until the medical marijuana or medical marijuana product is consumed, used, disposed of or otherwise destroyed.

"Information panel" has the same definition as set forth in 21 CFR § 101.2 and means "that part of the label immediately contiguous and to the right of the principal display panel as observed by an individual facing the principal display panel."

"Label"carries the same definition as set forth in 63 O.S. § 1- 1101 and "means a display of written, printed, or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this article that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if there be any, of the retail package of such article, or is easily legible through the outside container or wrapper."

"License"means a state issued license or other state issued documentation proving the holder of such license is a member of a state- regulated medical marijuana program.

"License number" means the unique multi-character identifier issued and printed upon each license.

"Licensee"means any natural born person or entity that holds a medical marijuana license provided for in this Chapter, excluding inmates of any local, county, state, or federal correctional facility or jail.

"LicensedPackager" means as used in 63 O.S. § 422(C) a processor.

"LicensedPremises" means the premises specified in an application for a medical marijuana commercial establishment that is owned or in lawful possession of the licensee and within which the licensee is authorized to operate.

"Lot"means the food produced during a period of time indicated by a specific code.

"Marijuana"means the same as the term that is defined in 63 O.S. § 2-101 .

"Mature plant" means harvestable female marijuana plant that is flowering.

"Medicaid"means the federal program that is also commonly known in Oklahoma as"SoonerCare."

"Medical marijuana" means marijuana that is grown, processed, dispensed, tested, possessed, or used for a medical purpose.

"Medical marijuana concentrate" ("Concentrate") means a substance obtained by separating cannabinoids from any part of the marijuana plant by physical or chemical means, so as to deliver a product with a cannabinoid concentration greater than the raw plant material from which it is derived. Categories of concentrate include water-based medical marijuana concentrate, food-based medical marijuana concentrate, solvent-based concentrate, and heat- or pressure-based medical marijuana concentrate as those terms are defined in the Oklahoma Medical Marijuana and Patient Protection Act,63 O.S. § 427.1 et seq.

"Medical marijuana product" means a product that contains cannabinoids that have been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a licensed patient, including but not limited to concentrates, oils, tinctures, edibles, pills, topical forms, gels, creams, and other derivative forms, except that this term does not include live plant forms.

"Medical marijuana waste" means unused, surplus, returned or out- of- date marijuana; recalled marijuana; unused marijuana; plant debris of the plant of the genus cannabis, including dead plants and all unused plant parts, except the term shall not include roots, stems, stalks and fan leaves.

"Minor"means any natural person younger than eighteen (18) years of age.

"Mother plant" means a marijuana plant that is grown or maintained for the purpose of generating clones, and that will not be used to produce plant material for sale to a processor or dispensary.

"Municipality"shall have the same definition as set forth in the Oklahoma Municipal Code, 11O.S. § 1-102, and "means any incorporated city or town."

"Officer of a corporate entity" or "Principal officer" means an officer identified in the corporate bylaws, articles of organization or other organizational documents, or in a resolution of the governing body.

"Officer of a municipality" shall have the same definition as set forth in theOklahoma Municipal Code, 11 O.S. § 1-102, and "means any person who is elected to an office in municipal government or is appointed to fill an unexpired term of an elected office, and the clerk and the treasurer whether elected or appointed."

"Oklahoma resident" or "Resident" means an individual who can provide proof of residency as required by OAC 310:681-1-6 (relating to proof of residency) or OAC 310:681-5-3.1 (relating to proof of residency for commercial licensees).

"Oklahoma uniform symbol" or "Universal symbol" means the image, established by the Department and made available to commercial licensees through the OMMA website, which indicates the package contains medical marijuana or medical marijuana products with THC and must be printed at least one-half inch in size by one-half inch in size in color.

"Out-of-state medical marijuana patient license" means an unexpired medical marijuana patient license issued by another U.S. state, which is the substantial equivalent of the Oklahoma medical marijuana patient license issued pursuant to OAC 310:681-2-1 and OAC 310:681-2-2.

"Owner"means, except where the context otherwise requires, a direct beneficial owner, including, but not limited to, all persons or entities as follows:

  • (A) All shareholders owning an interest of a corporate entity and all officers of a corporate entity;
  • (B) All partners of a general partnership;
  • (C) All general partners and all limited partners that own an interest in a limited partnership;
  • (D) All members that own an interest in a limited liability company;
  • (E) All beneficiaries that hold a beneficial interest in a trust and all trustees of a trust;
  • (F) All persons or entities that own interest in a joint venture;
  • (G) All persons or entities that own an interest in an association;
  • (H) The owners of any other type of legal entity; and
  • (I) Any other person holding an interest or convertible note in any entity which owns, operates, or manages a licensed medical marijuana facility.

"Package"or "Packaging" means any container or wrapper that a commercial establishment may use for enclosing or containing medical marijuana or medical marijuana products, except that "package" or"packaging" shall not include any carry-out bag or other similar container.

"Patient" or "Licensed patient" means a person that has been properly issued a medical marijuana license pursuant to Oklahoma law and these Rules.

"Pesticide"means

  • (A) any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or
  • (B) any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant."Pesticide" shall not include any article that is a "new animal drug" as designated by the United States Food and Drug Administration.

"Physician"or "Oklahoma Physician" means a doctor of medicine, or a doctor of osteopathic medicine, or a doctor of pediatric medicine who holds a valid, unrestricted and existing license to practice in the State of Oklahoma.

"Plant material" means the leaves, stems, buds, and flowers of the marijuana plant, and does not include seedlings, seeds, clones, stalks, or roots of the plant or the weight of any non-marijuana ingredients combined with marijuana.

"Political subdivision" means any county or municipal governments.

Preschool”means a public early childhood education program offered under 70 O.S.§§11-103.7 and 1-114 (B) or similar program offered by a private school whose primary purpose is to offer educational (or academic)instruction. Preschool does not include a homeschool, daycare, or childcare facility licensed under the Oklahoma Child Care Facilities Licensing Act, 10 O.S. § 401 et seq.

"Principal display panel" has the same definition as set forth in 21 CFR § 101.1and "means the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale."

"Private school" means a preschool, elementary, middle, or high school maintained by private individuals, religious organizations, or corporations, funded, at least in part, by fees or tuition, and open only to pupils selected and admitted based on religious affiliations or other particular qualifications. "Private school" shall not include a home school, daycare, or childcare facility licensed under the Oklahoma Child Care FacilitiesLicensing Act, 10 O.S. § 401 et seq.

"Process"means to distill, extract, manufacture, prepare, or otherwise produce a medical marijuana product.

"Processor"or Commercial Processor" means an individual or entity that has been issued a medical marijuana commercial licensed license by the Department, which allows the processor to: purchase medical marijuana or medical marijuana products from a grower or processor; process, package, and sell, transfer, transport or contract with a commercial transporter to transport medical marijuana or medical marijuana products that they processed to a licensed dispensary, processor, or testing laboratory in accordance with Oklahoma law and this Chapter; and process medical marijuana received from a licensed patient into a medical marijuana concentrate, for a fee.

"Production batch" means

  • (A) Any amount of medical marijuana concentrate, not to exceed ten (10) pounds, of the same category and produced using the same extraction methods, standard operating procedures, and an identical group of harvest batch of medical marijuana; and
  • (B) Any amount of finished medical marijuana product, not to exceed ten (10) pounds, of the same exact type, produced using the same ingredients, standard operating procedures, and same production batch of medical marijuana concentrate or same harvest batch of medical marijuana.

"Public school" means an a preschool, elementary, middle, or high school established under state law, regulated by the local state authorities in the various political subdivisions, funded and maintained by public taxation, and open and free to all children of the particular district where the school is located.

"Registered to conduct business" means any individual or entity that is required under Oklahoma law to register with the Oklahoma Secretary of State and/or theOklahoma Tax Commission and has provided sufficient proof to the Department of its good standing with such.

"Retailer"or "Retail marijuana establishment" as used in 63 O.S. §  420 et seq. means an entity licensed by theState Department of Health as a medical marijuana dispensary.

"Revocation"means the Department's final decision in accordance with the OklahomaAdministrative Procedures Act, 75 O.S. § 250 et seq., that any license issued by the Department pursuant to Oklahoma law and this Chapter is rescinded.

"Rules"means, unless otherwise indicated, the rules as adopted and set forth in OAC310:681.

"Seedling"means a marijuana plant that has no flowers.

"Shipping container" means a hard-sided container with a lid or other enclosure that can be secured into place. A shipping container is used solely for the transport of medical marijuana, medical marijuana concentrate, or medical marijuana products between medical marijuana businesses, a medical marijuana research facility, or a medical marijuana education facility.

"Strain"means the classification of marijuana or cannabis plants in either pure sativa, indica, afghanica, ruderalis, or hybrid varieties.

"Statequestion" means Oklahoma State Question No. 788 and InitiativePetition Number 412.

Terpenoids”means isoprenes that are the aromatic compounds found in cannabis, including, but not limited to: limonene, myrcene, pinene, linalool, eucalyptol,Δ-terpinene, ß-caryophyllene, caryophyllene oxide, nerolidol and phytol.

"THC"means tetrahydrocannabinol, which is the primary psychotropic cannabinoid formed by decarboxylation of naturally tetrahydrocannabinolic acid, which generally occurs by exposure to heat.

"Transporter"or "Commercial Transporter" means an individual or entity issued a medical marijuana commercial license by the Department, which allows the transporter to transport, store, and distribute medical marijuana and medical marijuana products to and from the licensed premises of commercial establishments and testing laboratories. As used in this Chapter,"Transporter" or “Commercial Transporter” does not mean licensed commercial growers, processors, and dispensaries who are automatic holders of transporter licenses.

"TransporterAgent" means an agent, employee, officer, or owner of commercial transporter, grower, processor, or dispensary who has been issued a transporter agent license by theDepartment to transport medical marijuana and medical marijuana products on behalf of the said commercial transporter, grower, processor, or dispensary.

"Transporter license" means a medical marijuana commercial license issued by theDepartment either

  • (A) automatically to commercial licensees growers, processors, and dispensaries upon approval of a commercial license, or
  • (B) to commercial transporters solely for the transportation, storage, and distribution of medical marijuana and medical marijuana products.

"Usable medical marijuana" means the dried leaves, flowers, oils, vapors, waxes, and other portions of the marijuana plant and any mixture or preparation thereof, excluding seed, roots, stems, stalks, and fan leaves.

________________________________________________________________

oklahoma cannabis marijuana business licensing
Oklahoma

REGULATIONS BY SUBJECT

 

I.LICENSE APPLICATION

MEDICAL MARIJUANA BUSINESS LICENSE APPLICATION

 

310:681-5-3. Applications

a.    Application fees

b.    Submission

c.    Individual applicant

d.    Application on behalf of an entity

e.    Supporting documentation

f.    Incomplete application

g.    Status update letter

310:681-5-3.1. Proof of residency for commercial licensees

310:681-5-3.2. Persons Prohibited from Holding a Commercial License

________________________________________________________________

MEDICAL MARIJUANA BUSINESS LICENSE APPLICANT (OWNERS) REQUIREMENTS

310:681-1-5. Criminal history screening

310:681-1-6. Proof of residency
310:681-1-7.
Proof of identity
310:681-1-8.Applicant photograph

________________________________________________________________

II.GENERAL MEDICAL MARIJUANA ESTABLISHMENT REQUIREMENTS

 

COMMERCIAL MEDICAL MARIJUANA ESTABLISHMENT LICENSE RULES


310:681-5-1.
License required

 

310:681-5-1.1. Responsibilities of the license holder

 

310:681-5-2. Licenses

a.    Timeframe

b.    Location

c.    Renewal of License

d.    Liquidation of products

e.    Change in information

f.    Transfer of license

g.    Surrender of license

 
310:681-5-4.
Inspections

 

310:681-5-6. Inventory tracking, records, reports, and audits

e.audits

 

310:681-5-6.1. Penalties

a.    Failure to file timely reports

b.    Inaccurate reports

c.    Unlawful purchase and sale

d.    Non-compliance and criminal activities

e.    Administrative penalties

310:681-5-17. Entry to commercial establishments

310:681-5-18. Prohibited acts

310:681-7-2.
Prohibited products

________________________________________________________________

FACILITY REQUIREMENTS / SECURITY

310:681-6-1. General security requirements for commercial establishment

310:681-6-2. Construction of premises

________________________________________________________________

INVENTORY CONTROL

310:681-3-6. Inventory Manifests

 

310:681-5-6. Inventory tracking, records, reports, and audits

a.    Monthly reports

     1.   Dispensary reports shall include

     2.   Grower reports shall include

     3.   Processor reports shall include

d.   Inventory

________________________________________________________________

RECORD KEEPING

310:681-5-6. Inventory tracking, records, reports, and audits

      b.   Records

      c.    Patient Information

 

310:681-8-1.Testing standardsand thresholds

    f.

________________________________________________________________

REPORTING

310:681-5-6. Inventory tracking, records, reports, and audits

b.    Monthly reports

     1.   Dispensary reports shall include

     2.   Grower reports shall include

     3.   Processor reports shall include

 

310:681-5-6.1. Penalties

b.  Inaccurate reports

 

310:681-5-7. Tax on retail medical marijuana sales (7%)

      c. Reports and payments on gross sales, tax collected, and tax due

 

310:681-5-13. Loss and theft

________________________________________________________________

PACKAGING & LABELING

310:681-7-1. Labeling and Packaging


a.  Prohibition on sale or transfer
b.  Non acceptance or Return
c.  Documentation
d. General Requirements
e. Label requirements
f.  Prohibited Products

________________________________________________________________

TESTING REQUIREMENTS

310:681-8-1.Testing standardsand thresholds


a.     Purpose
b.     Batches
c.     frequency
d.     Prohibited Transfers
e.     Recall
f.     Retention of test results and records
g.    Allowable Thresholds

________________________________________________________________

ADVERTISING

 310:681-7-3. Advertising

________________________________________________________________

WASTE

310:681-5-10. Medical marijuana waste disposal

________________________________________________________________

TAXES

310:681-5-7. Tax on retail medical marijuana sales

________________________________________________________________

III.LICENSE TYPE

PROCESSORS LICENSE

310:681-3-1. License for transportation of medical marijuana

310:681-5-1. License required

310:681-5-6. Inventory tracking, records, reports, and audits

a.    Monthly reports

       3. Processor reports shall include

 

310:681-5-8.1. Food safety standards for processors

a.    Purpose

b.    Existing law

c.    Updated law

d.    Board meetings

e.    Labeling and packaging

f.    Recommended HACCP

g.    Private homes or sleeping quarters

310:681-5-9. Standards for handling and processing medical marijuana and medical marijuana products

310:681-5-10. Medical marijuana waste disposal

310:681-5-13. Loss and theft
310:681-7-2. Prohibited products

310:681-8-1. Testing standardsand thresholds

________________________________________________________________

DISPENSARY LICENSE

310:681-3-1. License for transportation of medical marijuana

310:681-5-1. License required

 

310:681-5-6. Inventory tracking, records, reports, and audits

b.    Monthly reports

      1.   Dispensary reports shall include

 

310:681-5-7. Tax on retail medical marijuana sales

310:681-5-10. Medical marijuana waste disposal

310:681-5-12. Marijuana transaction limitations

310:681-5-13. Loss and theft
310:681-5-18.
Prohibited acts
                      a; b; c; d; e ;f ;g ;h ;i  ;j ;k

________________________________________________________________

GROW LICENSE

310:681-3-1. License for transportation of medical marijuana

310:681-5-1. License required

310:681-5-6. Inventory tracking, records, reports, and audits

c.    Monthly reports

     2.Grower reports shall include

310:681-5-10. Medical marijuana waste disposal

310:681-5-13. Loss and theft
310:681-7-2.
Prohibited products

310:681-8-1. Testing standardsand thresholds

________________________________________________________________

TRANSPORTER LICENSE

310:681-3-1. License for transportation of medical marijuana

310:681-3-2. Requirements for transportation of marijuana

310:681-3-3. Transporter agent license

310:681-3-4. Employer deactivation of transporter agent license

310:681-3-5. Information contained on a transporter agent license

310:681-5-10. Medical marijuana waste disposal

310:681-5-13. Loss and theft

oklahoma medical marijuana cannabis businesses

________________________________[END]________________________________

***DISCLAIMER***: J.Whitney & Co.  is not a legal advisor and this content was not written or reviewed by a licensed lawyer.  The information contained herein should be considered informational and should not be considered legal advisement.  For legal advice about marijuana businesses in Oklahoma, contact a licensed legal practitioner in the state of Oklahoma.

 

Cannabis BusinessStrategy & Development

Oklahoma is becoming known as the new wild west because of the large number of marijuana business licenses.  Operating within the rules is paramount, and setting up your operation for success is critical. Connect with us atjwhitneyco.com to learn more about how our team can help you with start-up and operations of your high-level Oklahoma cannabis business.  In such a saturated market, planning for success, and knowing how to excel at operations and compliance is your best competitive advantage.