2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-430v1. Medical marijuana waste disposal license – Screening process – Waste disposal facility permit.

A. There is hereby created and authorized a medical marijuana waste disposal license. A person or entity in possession of a medical marijuana waste disposal license shall be entitled to possess, transport and dispose of medical marijuana waste. No person or entity shall possess, transport or dispose of medical marijuana waste without a valid medical marijuana waste disposal license. The Oklahoma Medical Marijuana Authority shall issue licenses upon proper application by a licensee and determination by the Authority that the proposed site and facility are physically and technically suitable. Upon a finding that a proposed medical marijuana waste disposal facility is not physically or technically suitable, the Authority shall deny the license. The Authority may, upon determining that public health or safety requires emergency action, issue a temporary license for treatment or storage of medical marijuana waste for a period not to exceed ninety (90) days. The Authority shall not until November 1, 2021, issue more than ten medical marijuana waste disposal licenses. Beginning November 1, 2021, there shall be no limit to the number of medical marijuana waste disposal licenses issued by the Authority.
B. Entities applying for a medical marijuana waste disposal license shall undergo the following screening process:
1. Complete an application form, as prescribed by the Authority, which shall include:
a.
an attestation that the applicant is authorized to make application on behalf of the entity,
b.
full name of the organization,
c.
trade name, if applicable,
d.
type of business organization,
e.
complete mailing address,
f.
an attestation that the commercial entity will not be located on tribal land,
g.
telephone number and email address of the entity, and
h.
name, residential address and date of birth of each owner and each member, manager and board member, if applicable;
2. The application for a medical marijuana waste disposal license made by an individual on his or her own behalf shall be on the form prescribed by the Authority and shall include, but not be limited to:
a.
the first, middle and last name of the applicant and suffix, if applicable,
b.
the residence address and mailing address of the applicant,
c.
the date of birth of the applicant,
d.
the preferred telephone number and email address of the applicant,
e.
an attestation that the information provided by the applicant is true and correct, and
f.
a statement signed by the applicant pledging not to divert marijuana to any individual or entity that is not lawfully entitled to possess marijuana; and
3. Each application shall be accompanied by the following documentation:
a.
a list of all persons or entities that have an ownership interest in the entity,
b.
a certificate of good standing from the Oklahoma Secretary of State, if applicable,
c.
an Affidavit of Lawful Presence for each owner,
d.
proof that the proposed location of the disposal facility is at least one thousand (1,000) feet from a school. The distance shall be measured from the nearest entrance of the school to the nearest front entrance of the disposal facility. If any school is established within one thousand (1,000) feet of any disposal facility after such disposal facility has been licensed, the provisions of this subparagraph shall not be a deterrent to the renewal of such license or warrant revocation of the license, and
e.
documents establishing the applicant, the members, managers and board members, if applicable, and seventy-five percent (75%) of the ownership interests are Oklahoma residents as established in Section 420 et seq. of this title, as it relates to proof of residency.
For purposes of this paragraph, "school" means the same as defined in Section 427.2 of this title.
C. No license shall be issued except upon proof of sufficient liability insurance and financial responsibility. Liability insurance shall be provided by the applicant and shall apply to sudden and nonsudden bodily injury or property damage on, below or above the surface, as required by the rules of the Authority. Such insurance shall be maintained for the period of operation of the facility and shall provide coverage for damages resulting from operation of the facility during operation and after closing. In lieu of liability insurance required by this subsection, an equivalent amount of cash, securities, bond or alternate financial assurance, of a type and in an amount acceptable to the Authority, may be substituted; provided, that such deposit shall be maintained for a period of five (5) years after the date of last operation of the facility.
D. Submission of an application for a medical marijuana waste disposal license shall constitute permission for entry to and inspection of the facility of the licensee during hours of operation and other reasonable times. Refusal to permit such entry of inspection shall constitute grounds for the nonrenewal, suspension or revocation of a license. The Authority may perform an annual unannounced on-site inspection of the operations and any facility of the licensee. If the Authority receives a complaint concerning noncompliance by a licensee with the provisions of the Oklahoma Medical Marijuana Waste Management Act, the Authority may conduct additional unannounced, on-site inspections beyond an annual inspection. The Authority shall refer all complaints alleging criminal activity that are made against a licensed facility to appropriate state or local law enforcement authorities.
E. The Authority shall issue a permit for each medical marijuana waste disposal facility operated by a licensee. A permit shall be issued only upon proper application by a licensee and determination by the Authority that the proposed site and facility are physically and technically suitable. Upon a finding that a proposed medical marijuana waste disposal facility is not physically or technically suitable, the Authority shall deny the permit. The Authority shall have the authority to revoke a permit upon a finding that the site and facility are not physically and technically suitable for processing. The Authority may, upon determining that public health or safety requires emergency action, issue a temporary permit for treatment or storage of medical marijuana waste for a period not to exceed ninety (90) days.
F. The cost of a medical marijuana waste disposal license shall be Five Thousand Dollars ($5,000.00) for the initial license. The cost of a medical marijuana waste disposal facility permit shall be Five Hundred Dollars ($500.00). A medical marijuana waste disposal facility permit that has been revoked shall be reinstated upon remittance of a reinstatement fee of Five Hundred Dollars ($500.00) to restore the facility permit. All license and permit fees shall be deposited into the Oklahoma Medical Marijuana Authority Revolving Fund as provided in Section 427.5 of this title.
G. The holder of a medical marijuana waste disposal license shall not be required to obtain a medical marijuana transporter license provided for in the Oklahoma Medical Marijuana and Patient Protection Act for purposes of transporting medical marijuana waste.
H. All commercial licensees, as defined in Section 428.1 of this title, shall utilize a licensed medical marijuana waste disposal service to process all medical marijuana waste generated by the licensee.
I. The State Commissioner of Health shall promulgate rules for the implementation of the Oklahoma Medical Marijuana Waste Management Act. Promulgated rules shall address disposal process standards, site security and any other subject matter deemed necessary by the Authority.
Added by Laws 2019, c. 337, § 4, eff. Nov. 1, 2019. Amended by Laws 2021, c. 584, § 12, emerg. eff. May 28, 2021.