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On June 26th, 2018, Oklahoma passed legislation allowing its citizens to consume, cultivate, and possess cannabis products for medicinal purposes. Recreational use is forbidden, but medical marijuana license holders can possess up to three ounces of marijuana, one ounce of concentrate, or 72 ounces of edibles at any time.
Because Oklahoma is relatively new to the legal marijuana market, much of its regulatory framework is still under construction. Legally, there is no specific qualifying condition that medical marijuana dispensaries need to verify for, but medical users who fail to present their license may pay up to $400 in fines for possessing up to 1.5 ounces of marijuana.
Yes. Dispensaries must apply for a license to sell cannabis products in Oklahoma. Individual applicants must be Oklahoma residents aged 25 or older. Members, managers, and board members of applying dispensaries must be Oklahoma residents, and the dispensary must show at least 75% ownership by an Oklahoma resident.
The Oklahoma Medical Marijuana Authority (OMMA) manages cannabis licenses in Oklahoma. Commercial licensees receive a registration number from the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD) and must report monthly sales to the OMMA using the OBNDD number.
The OMMA also manages change requests for dispensaries that undergo acquisitions or move from one physical location or another. Businesses with multiple locations or license types must contact the OBNDD to apply for a special registration number.
Dispensary owners must apply online using the OMMA website. The application requires a business & operations plan, a financial plan, an inventory control plan, patient education and recordkeeping plans, and staffing and security plans.
OMMA has a comprehensive commercial license application checklist available. The organization asks for information on commercial licensees and their executives in order to perform background checks. Cannabis retail businesses must be located more than 1,000 feet away from the entrance to any public or private school.
Individual commercial licenses cost $2,500. Separate locations require separate commercial licenses. Dispensary owners must renew each license before it expires. The payment is non-refundable, but the OMMA will try to push incomplete applications through by asking applicants for additional information when needed.
Yes. Every individual cannabis dispensary has to renew its commercial license annually. This means that every physical brick-and-mortar store must pay for a $2,500 license and complete the registration process every year.
Oklahoma offers four types of medical marijuana licenses:
Oklahoma does not offer recreational cannabis licenses.
Oklahoma verifies and approves retail licenses in 14 days. When the licensing authority needs extra information from applicants, the time limit extends accordingly. Denials are mailed to unsuccessful applicants within 14 days of the application date as well.
If you are operating a dispensary in Oklahoma without a license, the authorities are likely to take notice and prosecute. If you are operating a dispensary outside Oklahoma and wish to expand into the state, you will need to set up a business that is 75% owned by Oklahoma residents before you can apply for a retail license.
Oklahoma’s medical marijuana law explicitly allows local municipalities to issue their own marijuana-related laws. However, these local laws are routinely overturned when challenged in court as of 2019. This is an area where robust regulation is forthcoming.
State law does not explicitly acknowledge cannabis events, but Oklahoma is already home to educational cannabis events and cannabis industry business expositions. None of these expositions offer access to cannabis products.
No. Cannabis event exhibitors do not need to apply for special licensing as providing visitors with cannabis products is prohibited.
Any retailer can create a cannabis-themed event in accordance with local laws without applying for an additional license. However, the events must be educational or consultative in nature as selling to people without a medical marijuana license is prohibited.
Oklahoma requires dispensaries to submit a report on the 15th of every month. This report includes the weight of wholesale cannabis purchases and the weight of cannabis sales, both tracked by batch numbers. It also must account for waste and destroyed product.
Oklahoma’s most current emergency rules (revised as of December 2018) stipulate that commercial licensees must implement “appropriate security measures” to prevent unauthorized entrance and the diversion of cannabis products to the black market, without further elaboration.
To package and label cannabis in a dispensary, you must apply for a processor permit. A dispensary can also be a processor, but it requires applying twice.
As of 2019, there is no regulation prohibiting the sale of alcohol or tobacco at medical marijuana dispensaries in Oklahoma at the state level.
Yes. A single organization can apply for multiple licenses for multiple locations. There is no limit to the number of licenses a single location can successfully apply for.
Don’t risk it. The state’s monthly reporting template doesn’t allow for samples or giveaways. The state does require a detailed explanation to account for medical marijuana product that isn’t reported as either “sold” or “remaining in inventory.”
As of December 2018, Oklahoma no longer requires dispensaries to specify, report, or adhere to particular hours of operation.
Don’t risk it. Cannabis dispensaries may not promote marijuana to minors. The current legislation is very broad about what constitutes promoting marijuana to minors, including both “direct and indirect” representations, symbols, depictions, and references.
Medical cannabis patients must be at least 18 years old before they can purchase their own cannabis. Minors may purchase and consume some cannabis products (non-smoking, non-vaping) with the explicit consent of their legal guardians and two practicing physicians.
Seed-to-sale reporting is the ability to track individual cannabis products through the entire logistics system back to the cultivator who grew them. In Oklahoma, this is achieved through batch numbers which apply to individual cannabis products.