reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 1 - Administrative Operations › Section 442:1-1-13 - Appeal of adverse credential determination

Current through Vol. 41, No. 20, July 1, 2024
(a) If the
			 third-party vendor determines that an employee of a medical marijuana business
			 does not meet the minimum statutory requirements for a credential, the
			 applicant or employee shall have no recourse against the third-party vendor but
			 may appeal such adverse determination to the Authority.
(b) An applicant for an employee credential
			 whose application has been denied may make a written request for a hearing on
			 appeal not later than thirty (30) days after the Authority provided notice to
			 the applicant of the adverse determination.
(c) Notice of an adverse determination shall
			 be sent to the applicant in the same method the application was submitted to
			 the Authority.
(d) At a hearing on
			 the appeal of an adverse credential determination, the sole issue is whether
			 the application submitted by the applicant for an employee credential met the
			 minimum statutory requirements for a credential at the time of
			 submission.
(e) No evidence, other
			 than what is contained in the application for an employee credential, shall be
			 introduced, offered, or referenced by any party.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Chapter is to ensure the health and
				  safety of all Oklahomans and provide reasonable and orderly regulation of
				  medical marijuana as authorized by the lawful passage of State Question 788,
				  codified as 63 O.S. § 420 et seq.; 63 O.S. § 426.1; the Oklahoma
				  Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; and
				  the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et
				  seq. This regulatory authority shall be known as the "Oklahoma Medical
				  Marijuana Authority" ("OMMA").
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-2 - Regulatory program established

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				regulatory program is hereby established in the OMMA, and the initiation,
				administration, regulation, and enforcement of such program shall be the
				responsibility of the OMMA or its designee.
(b) All license applications, inquiries, and
				other correspondence shall be directly electronically submitted to and received
				and processed by the OMMA division or its designee, except as is otherwise
				required by law or expressly permitted in writing by the Authority.
(c) All applications and forms provided for
				under this Chapter are available on the OMMA website at
http://omma.ok.gov/
.
(d) The OMMA is located at 2501 N. Lincoln
				Blvd., Oklahoma City, Oklahoma 73105.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-3 - Limitations of licenses

Current through Vol. 41, No. 20, July 1, 2024
All medical marijuana licenses and rights granted under
				  Oklahoma law and this Chapter shall only be valid in the State of Oklahoma,
				  excluding any tribal trust or tribal restricted land or federal lands in the
				  state.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-5 - Criminal history screening

Current through Vol. 41, No. 20, July 1, 2024
(a)
Parties
				subject to screening.
Prior to issuance of any commercial license or
				transporter agent license, the following shall undergo national
				fingerprint-based background check within thirty (30) days prior to the
				application for the license:
(1) Individual
				applicants applying on their own behalf;
(2) Individuals applying on behalf of an
				entity;
(3) All principal officers
				of an entity;
(4) All owners of an
				entity;
(5) For corporations
				seeking a business license, all officers, directors, and stockholders;
				and
(6) For public institutions
				seeking a research facility license, all principal investigators and
				co-principal investigators.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-5 - Criminal history screening

Current through Vol. 41, No. 20, July 1, 2024
(a)
Parties
				subject to screening.
Prior to issuance of any commercial license or
				transporter agent license, the following shall undergo an Oklahoma state
				criminal history background check within thirty (30) days prior to the
				application for the license:
(1) Individual
				applicants applying on their own behalf;
(2) Individuals applying on behalf of an
				entity;
(3) All principal officers
				of an entity;
(4) All owners of an
				entity;
(5) For corporations
				seeking a business license, all officers, directors, and stockholders;
				and
(6) For public institutions
				seeking a research facility license, all principal investigators and
				co-principal investigators.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-6 - Proof of residency

Current through Vol. 41, No. 20, July 1, 2024
(a) Applicants
				shall establish their current Oklahoma residency through submission of an
				electronic copy or digital image in color of one of the following unexpired
				documents:
(1) An Oklahoma issued driver's
				license;
(2) An Oklahoma
				Identification Card;
(3) A utility
				bill for the calendar month preceding the date of application, excluding
				cellular telephone, television, and internet bills;
(4) A residential property deed to property
				in the State of Oklahoma;
(5) A
				current rental agreement for residential property located in the State of
				Oklahoma;
(6) The preceding year's
				Oklahoma Tax Return showing the applicant as an Oklahoma taxpayer; or
(7) Other documentation that the Authority
				deems sufficient to establish residency.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-7 - Proof of identity

Current through Vol. 41, No. 20, July 1, 2024
(a) All applicants
				for non-commercial licenses shall establish their identity through submission
				of an electronic copy or digital image in color of one of the following
				unexpired documents:
(1) An Oklahoma issued
				driver's license or Real ID;
(2) An
				Oklahoma Identification Card;
(3) A
				United States Passport or other photo identification issued by the United
				States government;
(4) A tribal
				identification card approved for identification purposes by the Oklahoma
				Department of Public Safety; or
(5)
				Other documentation that the Authority deems sufficient to establish
				identity.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-8 - Applicant photograph

Current through Vol. 41, No. 20, July 1, 2024
The digital photograph to be submitted with an application
				  shall:
(1) Be a clear, color
				photograph of the head and top of the shoulders;
(2) Be an image file in a .jpg, .png or .gif
				digital image format no larger than 3 MB in size;
(3) Be in one of the following approved
				formats:
(A) A scanned photograph shall be
				scanned at a resolution of 300 pixels per inch from a 2 x 2 inch image with
				dimensions in a square aspect ratio (the height must be equal to the
				width).
(B) A captured image must
				have minimum acceptable pixel dimensions of 600 x 600 pixels and maximum
				acceptable pixel dimensions of 1200 x 1200 pixels.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-9 - Recommending physician registration

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				physician may file a registration with the Authority as a recommending
				physician on a form prescribed by the Authority if the physician holds a valid,
				unrestricted and existing license to practice in the State of
				Oklahoma.
(b) If a physician
				chooses to register with the Authority, a registration must include, at a
				minimum, all of the following:
(1) The
				physician's full name, business address, professional email address, telephone
				numbers and, if the physician owns or is affiliated with a medical practice,
				the name of the medical practice;
(2) The physician's medical license number;
				and
(3) A certification by the
				physician that states that the physician's Oklahoma license to practice
				medicine is active and in good standing.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-9.1 - Recommending physician standards

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				Physician, before making a recommendation for medical marijuana under these
				provisions, shall be in "good standing" with the State Board of Medical
				Licensure and Supervision or the State Board of Osteopathic Examiners.
				Physicians in residency or other graduate medical training do not meet the
				definition of Physician under this Subchapter and any recommendation for a
				patient medical marijuana license will be rejected by the Authority.
(b) When recommending a medical marijuana
				license, a physician shall use the accepted standards a reasonable and prudent
				physician would follow when recommending any medication to a patient.
(c) A physician shall not be located at the
				same physical address of a dispensary.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-1 - Application for patient license

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				application for a patient license shall be on the Authority issued form and
				shall include at a minimum:
(1) The
				applicant's first name, middle name, last name and suffix, if
				applicable;
(2) The applicant's
				valid mailing address;
(3) The
				applicant's date of birth;
(4) The
				applicant's telephone number and email address;
(5) The signature of the applicant attesting
				the information provided by the applicant is true and correct; and
(6) The date the application was
				signed.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-2 - Application for patient license for persons under age eighteen (18)

Current through Vol. 41, No. 20, July 1, 2024
(a) The application for a patient license for
				persons under the age of eighteen (18) shall be on the Authority issued form
				and shall include at a minimum:
(1) The first
				name, middle name, last name and suffix, if applicable, of the applicant and of
				the applicant's parent(s) or legal guardian(s);
(2) The mailing address of the applicant and
				of the applicant's parent(s) or legal guardian(s);
(3) The date of birth of the applicant and of
				the applicant's parent(s) or legal guardian(s);
(4) The telephone number and email address of
				the applicant and/or the applicant's parent(s) or legal guardian(s);
(5) If the person submitting the application
				on behalf of a minor is the minor's legal guardian, a copy of documentation
				establishing the individual as the minor's legal guardian;
(6) The signature and attestation by the
				parent(s) or legal guardian(s) that the information provided in the application
				is true and correct; and
(7) The
				date the application was signed.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-3 - Application for caregiver's license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Applications for a caregiver's license for caregivers of a licensed patient may
				be made at any time during the term of the patient license.
(b) Only one caregiver's license shall be
				issued for each patient license, except in the case of a licensed patient under
				the age of eighteen (18) whereby two (2) parents and/or legal guardians may be
				recognized as the minor's caregivers, if such minor is homebound.
(c) A caregiver's application will be
				accepted for a patient who has a physician's attestation that the patient is
				homebound or does not have the capability to self-administer or purchase
				medical marijuana due to developmental disability or physical or cognitive
				impairment and would benefit by having a designated caregiver to manage medical
				marijuana on the behalf of the patient as provided in OAC
				442:10-2-1(c)(4)(E)(iv).
(d) The caregiver's application shall be made
				on a form provided by the Authority and shall include the following:
(1) All information and documentation for the
				caregiver provided for in OAC
				442:10-2-1(a) and
				(c) except there shall be no medical
				certification from an Oklahoma Physician nor fee assessed for a caregiver's
				license;
(2) A signed and dated
				attestation from the patient license holder or patient applicant, or the
				patient's parent(s) or legal guardian(s) if patient is under eighteen (18)
				years of age, appointing the caregiver as their designee under this provision.
				If the patient license holder is incapacitated or subject to legal
				guardianship, a durable medical power of attorney or a court order for
				guardianship may be submitted and the person appointed to act under that
				document may execute the notarized statement; and
(3) The patient license number shall be
				included in the application.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-3.1 - Withdrawal of a caregiver's authorization

Current through Vol. 41, No. 20, July 1, 2024
(a) A medical marijuana patient license
				holder may withdraw a caregiver's license at any time by providing written or
				electronic notification to the Authority, on the Authority provided form, and
				the Authority shall immediately withdraw the license. This withdrawal shall not
				be subject to appeal.
(b) Upon
				notice from the Authority that the caregiver's license has been withdrawn, the
				caregiver shall immediately return his or her license to the
				Authority.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-4 - Application for temporary patient license

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Temporary patient license application shall be made on a form provided by the
				Authority and shall include the following:
(1)
				All information provided for in OAC
				442:10-2-1(a)
				(relating to patient license application);
(2) Electronic copy or digital image in color
				of applicant's unexpired out-of-state medical marijuana patient
				license;
(3) Electronic copy or
				digital image in color of one of the following unexpired documents:
(A) A valid state issued driver's
				license;
(B) A valid state issued
				Identification Card;
(C) A United
				States Passport or other photo identification issued by the United States
				government; or
(D) Other
				documentation that the Authority deems sufficient to establish
				identity;
(4) A digital
				photograph as established in OAC
				442:10-1-8 (relating to applicant
				photograph); and
(5) If a temporary
				patient applicant is under the age of eighteen (18), in addition to complying
				with paragraphs (1),(2), and (3) of this subsection, applicant shall also
				comply with OAC
				442:10-2-2(a)(1)
				-(7).
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-5 - Term and renewal of medical marijuana patient and caregiver licenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Patient License Term.
Medical marijuana patient licenses issued under OAC
				442:10-2-1 and OAC
				442:10-2-2 shall be for a term of
				two (2) years from the date of issuance, unless the physician recommendation is
				terminated by the physician, the medical marijuana patient license holder is
				deceased, or the license is revoked by the Authority or voluntarily surrendered
				by the patient.
(b)
Short-term patient license term.
Short-term medical marijuana
				patient licenses issued under OAC
				442:10-2-1(f)
				and OAC 442:10-2-2(g)
				shall be for a term of sixty (60) days from the date of issuance, unless the
				physician recommendation is terminated by the physician, the short-term patient
				license holder is deceased, or the license is revoked by the Authority or
				voluntarily surrendered by the patient.
(c)
Caregiver license term.
Caregiver's licenses may not extend beyond the expiration date of the
				underlying patient license regardless of the issue date.
(d)
Temporary patient license
				term.
Temporary patient licenses issued under OAC
				442:10-2-4 shall be for a term of
				thirty (30) days from the date of issuance, unless the temporary patient
				license holder is deceased or the license is revoked by the Authority or
				voluntarily surrendered by the patient; however, temporary patient licenses may
				not extend beyond the expiration date of the underlying out-of-state medical
				marijuana patient license.
(e)
Change in information.
(1) All
				patient and caregiver licensees shall ensure that all information and records
				maintained in the licensee's online OMMA license account are complete,
				accurate, and updated in a timely manner.
(2) Patient and caregiver licensees shall
				obtain Authority approval for any changes that affect the licensee's
				qualifications for licensure.
(3)
				Patient and caregiver licensees submitting a name change request must provide
				information and documentation relating to proof of identity, including but not
				limited to the following:
(A) Documents
				establishing proof of identity as established in OAC
				442:10-1-7 (relating to proof of
				identity); and
(B) A marriage
				license, divorce decree, or other documentation the Authority deems sufficient
				to establish a valid name change.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-6 - Information contained on patient and caregiver license

Current through Vol. 41, No. 20, July 1, 2024
Licenses issued pursuant to Sections
				  442:10-2-1, 2, 3, and 4 of this
				  Subchapter shall contain the following:
(1) The digital photograph of the license
				holder;
(2) The name and date of
				birth of the license holder;
(3)
				The name of parent(s) or legal guardian(s) of minor license holder, if
				applicable;
(4) The city and county
				of residence of the license holder;
(5) The type of license;
(6) The date the license expires;
				and
(7) The unique 24- character
				license number assigned to the license holder and caregiver, if
				applicable.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-7 - Medical marijuana license verification system

Current through Vol. 41, No. 20, July 1, 2024
The Authority will make available on its website and via
				  telephone a system by which authenticity and validity of medical marijuana
				  patient and caregiver licenses may be verified.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-8 - Possession limits

Current through Vol. 41, No. 20, July 1, 2024
(a) A patient who
				has been issued and is in possession of an OMMA medical marijuana license is
				legally authorized to:
(1) Consume marijuana
				legally;
(2) Legally possess up to
				three (3) ounces (84.9 grams) of marijuana on their person;
(3) Legally possess six mature marijuana
				plants and the harvested marijuana therefrom;
(4) Legally possess six seedling
				plants;
(5) Legally possess (1)
				ounce (28.3 grams) of concentrated marijuana;
(6) Legally possess seventy-two (72) ounces
				(2,037.6 grams) of edible marijuana;
(7) Legally possess up to eight (8) ounces
				(226.4 grams) of marijuana in their residence; and
(8) Legally possess seventy-two (72) ounces
				of topical marijuana.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-9 - Prohibited acts and penalties

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				licensed patient shall not sell or otherwise transfer any medical marijuana or
				medical marijuana products to another individual or entity. Intentional and
				impermissible diversion of medical marijuana or medical marijuana products by a
				licensed patient may result in, for a first offense, a fine of $400.00, and for
				a second offense, a fine of $1,000 and revocation of license upon a showing
				that the violation was willful or grossly negligent. A licensed patient who
				shares less than three (3) grams of medical marijuana with an unauthorized
				person, without the transfer being for value or other consideration, shall not
				be subject to criminal prosecution but shall be subject to an administrative
				fine of four hundred dollars ($400).
(b) A licensed caregiver shall not sell or
				otherwise transfer any medical marijuana or medical marijuana products to any
				individual other than the licensed patient on whose behalf the caregiver is
				lawfully authorized to grow, possess, purchase or otherwise obtain said medical
				marijuana or medical marijuana products. Intentional and impermissible
				diversion of medical marijuana or medical marijuana products by a licensed
				caregiver may result in, for a first offense, a fine of $400.00, and for a
				second offense, a fine of $1,000 and revocation of license upon a showing that
				the violation was willful or grossly negligent. A licensed caregiver who shares
				less than three (3) grams of medical marijuana with an unauthorized person,
				without the transfer being for value or other consideration, shall not be
				subject to criminal prosecution but shall be subject to an administrative fine
				of four hundred dollars ($400).
(c)
				All medical marijuana grown by medical marijuana patient license holders or
				caregivers may only be grown on real property owned by the patient license
				holder or on real property for which the patient license holder has the
				property owner's written permission to grow medical marijuana on the property.
				The growth of medical marijuana in locations not permitted under this
				Subsection is prohibited.
(d) Any
				and all medical marijuana grown by licensed patients or caregivers shall not be
				accessible to a member of the general public.
(e) Any and all medical marijuana grown by
				licensed patients or caregivers shall not be visible from any street adjacent
				to the property. Medical marijuana is "visible" if it is viewable by a normal
				person with 20/20 eyesight without the use of any device to assist in improving
				viewing distance or vantage point.
(f) No licensed patient or caregiver shall
				operate or otherwise use any extraction equipment or processes utilizing
				butane, propane, carbon dioxide or any potentially hazardous material in or on
				residential property.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-10 - Confidential patient information

Current through Vol. 41, No. 20, July 1, 2024
All records and information submitted to or maintained by the
				  Authority containing patient and caregiver information shall be kept
				  confidential.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 2 - Medical Marijuana Licenses › Section 442:10-2-11 - Restrictions on smokable medical marijuana and medical marijuana products

Current through Vol. 41, No. 20, July 1, 2024
All smokable, vaporized, vapable and e-cigarette medical
				  marijuana and medical marijuana products smoked by a patient license holder are
				  subject to the same restrictions for tobacco under Section 1-1521 et. seq. of
				  Title 63 of Oklahoma statutes, commonly referred to as the "Smoking in Public
				  Places and Indoor Workplaces Act."
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 3 - Transporter License › Section 442:10-3-1 - License for transportation of medical marijuana

Current through Vol. 41, No. 20, July 1, 2024
(a) A medical
				marijuana transporter license shall be issued to qualifying applicants for
				grower, processor, dispensary, laboratory, research facility, or education
				facility licenses at the time of approval. This license shall enable licensed
				growers, processors, dispensaries, laboratories, research facilities, and
				education facilities to apply for and receive individual transporter agent
				licenses for agents, employees, officers or owners of the commercial licensed
				facility. Through their licensed transporter agents, licensed growers,
				processors, dispensaries, laboratories, research facilities, and education
				facilities may transport medical marijuana or medical marijuana products to
				other commercial licensees. This license shall not authorize licensed growers,
				processors, dispensaries, laboratories, research facilities, or education
				facilities to transport, store, or distribute medical marijuana or medical
				marijuana products on behalf of other medical marijuana licensees.
(b) A medical marijuana commercial
				transporter license shall be issued as an independent business license to
				applicants meeting the requirements set forth in OAC
				442:10-5-3, OAC
				442:10-5-3.1, and OAC
				442:10-5-3.2. This license shall
				be subject to the same restrictions and obligations as any commercial licensee
				and shall enable the commercial transporter to:
(1) transport, store, and distribute medical
				marijuana and medical marijuana products on behalf of other commercial
				licensees;
(2) contract with
				multiple commercial licensees; and
(3) maintain multiple warehouses at licensed
				premises that are approved by the Authority for the purpose of temporarily
				storing and distributing medical marijuana and medical marijuana
				products.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 3 - Transporter License › Section 442:10-3-2 - Requirements for transportation of marijuana

Current through Vol. 41, No. 20, July 1, 2024
(a) With the exception of a lawful transfer
				between medical marijuana businesses that are licensed to operate at the same
				physical address, all medical marijuana and medical marijuana products shall be
				transported:
(1) In a locked shipping
				container, shielded from public view, and clearly labeled "Medical Marijuana or
				Derivative"; and
(2) In a secured
				area of the vehicle that is not accessible by the driver during
				transit.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 3 - Transporter License › Section 442:10-3-3 - Transporter agent license

Current through Vol. 41, No. 20, July 1, 2024
(a)
License
				required.
Only agents, employees, officers, or owners of commercial
				transporters, growers, processors, dispensaries who are issued a transporter
				agent license by the Authority shall be qualified to transport medical
				marijuana or medical marijuana products.
(b)
Application fee.
Either the
				individual applicant for a transporter agent license or the business licensee
				employing the applicant shall submit the transporter agent license application
				or any renewal application to the Authority on a form and in a manner
				prescribed by the Authority, along with the annual application fee of $25.00 as
				established in the Oklahoma Medical Marijuana and Patient Protection Act, 63
				O.S. § 427.1 et seq.
(c)
Submission.
The application for a transporter agent license shall
				be on the Authority prescribed form and shall include at a minimum:
(1) The applicant's first name, middle name,
				last name, and suffix, if applicable;
(2) The applicant's residential address and
				valid mailing address;
(3) The
				applicant's date of birth;
(4) The
				applicant's telephone number and email address;
(5) The applicant's Oklahoma driver license
				number and expiration date;
(6) An
				affidavit of lawful presence signed by the transporter agent
				applicant;
(7) An attestation that
				the transporter agent applicant shall not divert medical marijuana or medical
				marijuana products to any entity or individual that is not lawfully entitled to
				possess;
(8) An attestation that
				the transporter agent understands and/or has been notified that the business
				licensee identified as the employer in the application may terminate the
				transporter agent license at any time; and
(9) An attestation that the information
				provided in the application is true and correct.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 3 - Transporter License › Section 442:10-3-4 - Employer deactivation of transporter agent license

Current through Vol. 41, No. 20, July 1, 2024
(a) Commercial transporters, growers,
				processors, dispensaries, laboratories, research facilities, or education
				facilities employing a transporter agent shall notify the Authority within
				fourteen (14) days in the manner and on the form prescribed by the Authority
				when a transporter agent ceases to work as a transporter, and the transporter
				agent license shall be deactivated. This deactivation shall not be subject to
				appeal.
(b) The commercial
				transporter, grower, processor, dispensary, laboratory, research facility, or
				education facility is responsible for destroying or returning to the Authority
				any deactivated transporter agent license.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 3 - Transporter License › Section 442:10-3-5 - Information contained on a transporter agent license

Current through Vol. 41, No. 20, July 1, 2024
(a) A qualifying applicant for a transporter
				agent license shall be issued a registry identification card, otherwise
				referred to as a transporter agent license.
(b) The transporter agent shall carry the
				transporter agent license and a copy of his or her employer's transporter
				license at all times during transportation of medical marijuana or medical
				marijuana products.
(c) The
				transporter agent license shall at a minimum contain the following information:
(1) The digital photograph of the license
				holder;
(2) The name and date of
				birth of the license holder;
(3)
				The type of license;
(4) The date
				the license expires; and
(5) The
				unique license number assigned to the license holder.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 3 - Transporter License › Section 442:10-3-6 - Inventory manifests

Current through Vol. 41, No. 20, July 1, 2024
(a) Commercial
				transporters, growers, processors, dispensaries, laboratories, research
				facilities, and education facilities shall utilize the State inventory tracking
				system in accordance with OAC
				442:10-5-6(d) to
				create and maintain shipping manifests documenting all transport of medical
				marijuana and medical marijuana products throughout the State of
				Oklahoma.
(b) When transporting
				medical marijuana or medical marijuana products, commercial transporters,
				growers, processors, and dispensaries shall provide copies of the inventory
				manifests to each originating and receiving licensee at the time the product
				changes hands.
(1) The copy of the inventory
				manifest to be left with the originating licensee shall include, at a minimum:
(A) The license number, business name,
				address, and contact information of the originating licensee;
(B) The license number, business name,
				address, and contact information of the commercial transporter, grower,
				processor, dispensary, laboratory, research facility, or education facility
				transporting the medical marijuana if such licensee is not the originating
				licensee;
(C) A complete inventory
				of the medical marijuana and medical marijuana products to be transported,
				including the quantities by weight or unit of each type of medical marijuana
				and medical marijuana products and the batch number(s);
(D) The date of transportation and the
				approximate time of departure;
(E)
				Printed names, signatures, and transporter agent license numbers of personnel
				accompanying the transport;
(F)
				Notation of the commercial transporter, grower, processor, dispensary,
				laboratory, research facility, or education facility authorizing the transport;
				and
(G) The license number(s),
				business name(s), address(es), and contact information for all end point
				recipients.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 4 - Research Facilities and Education Facilities › Section 442:10-4-1 - License required

Current through Vol. 41, No. 20, July 1, 2024
(a) No person or
				entity shall operate a research facility or education facility without first
				obtaining a license from the Authority pursuant to 63 O.S. § 420 et seq.,
				the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1
				et seq., other applicable Oklahoma laws, and the Rules in this Chapter. All
				research and development conducted by a medical marijuana research facility or
				education facility shall be conducted in furtherance of an approved research
				project. Only a person who is in compliance with the requirements of Oklahoma
				law and these Rules shall be entitled to receive or retain such a
				license.
(b) All license
				applications shall be complete and accurate in every detail, shall include all
				attachments or supplemental information required by the forms supplied by the
				Authority, and shall be accompanied by full remittance of the entire
				application fee. Any misstatements, omissions, misrepresentations, or untruths
				made in the application shall be grounds for administrative action against the
				licensee by the Authority.
(c) All
				research facility and education facility licenses shall be on forms prescribed
				by the Authority.
(d) Application
				fees are nonrefundable.
(e) A
				medical marijuana research facility license may be issued for the following
				purposes, with the exception that biomedical and clinical research subject to
				federal regulations and institutional oversight is not subject to licensure or
				regulation by the Authority:
(1) To test
				chemical potency and composition levels;
(2) To conduct clinical investigations of
				marijuana-derived medicinal purposes;
(3) To conduct research on the efficacy and
				safety of administering marijuana as part of a medical treatment;
(4) To conduct genomic, horticultural, or
				agricultural research; and
(5) To
				conduct research on marijuana-affiliated products or systems.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 4 - Research Facilities and Education Facilities › Section 442:10-4-1.1 - Responsibilities of the license holder

Current through Vol. 41, No. 20, July 1, 2024
Upon acceptance of the license issued by the Authority, the
				  license holder in order to retain the license shall:
(1) Post the license or permit in a location
				in the licensed premises that is conspicuous;
(2) Comply with the provisions in this
				Chapter;
(3) Permit representatives
				of the Authority access to the licensed premises as specified under OAC
				442:10-4-4 and
				442:10-4-6(e);
(4) Comply with directives of the Authority
				including time frames for corrective actions specified in inspection reports,
				audit reports, notices, orders, warnings, and other directives issued by the
				Authority in regard to the license holder's facility or in response to
				community emergencies;
(5) Accept
				notices issued and served by the Authority according to law;
(6) Be subject to the administrative, civil,
				injunctive, and criminal remedies authorized in law for failure to comply with
				this Chapter or a directive of the Authority, including time frames for
				corrective actions specified in inspection reports, audit reports, notices,
				orders, warnings, and other directives;
(7) Ensure that all information and records
				maintained in the licensee's online OMMA license account-including the hours of
				operation for all licensed premises, trade name, and a valid mailing address,
				if applicable-are complete, accurate, and updated in a timely manner in
				accordance with these Rules; and
(8) If applicable, submit the annual renewal
				application and pay all renewal license and late fees, if any.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 4 - Research Facilities and Education Facilities › Section 442:10-4-2 - Licenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timeframe.
Research facility
				and education facility licenses shall be issued for a twelve (12) month period
				expiring one (1) year from the date of issuance. The license may be issued upon
				receipt of a completed application, payment of application fee, and
				verification by the Authority the individual or entity complies with the
				requirements set forth in Oklahoma law and this Chapter.
(b)
Location.
Research facility
				and education facility licenses shall only be valid for a single location at
				the address listed on the application. If a single research project will occur
				in multiple locations, a separate research facility or education facility
				license shall be required for each location.
(c)
Renewal of license.
(1) It is the responsibility of the license
				holder to renew the license, with all applicable documentation, prior to the
				date of expiration of the license by following the procedures provided in OAC
				442:10-4-3.
(2) Before renewing a license, the Authority
				may require further information and documentation to determine the licensee
				continues to meet the requirements set forth in Oklahoma law and these Rules.
				Once a certificate of compliance is properly submitted showing full compliance,
				no additional certificate of compliance will be required for license renewal
				unless a change of use or occupancy occurs, or other change that would require
				additional inspection, licensure, or permitting by the state or
				municipality.
(3) If the research
				conducted by a research facility licensee includes a public institution or
				public money, the Authority shall review any reports made by the licensee to
				determine if the research continues to meet qualifications in state law and
				these Rules.
(4) The Authority may
				refuse to renew a license of a research or education facility for the
				following:
(A) Failure to meet the
				requirements for licensure set forth in 63 O.S. § 420 et seq; the Oklahoma
				Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or
				OAC 442:10.
(B) Noncompliance with
				63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient
				Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana
				Waste Management Act, 63 O.S. § 427a et seq.; or OAC 442:10.
(5) Upon the determination that a
				licensee has not met the requirements for renewal, the Authority shall provide
				written notice to the licensee. The notice shall provide an explanation for the
				denial of the renewal application.
(6) A commercial licensee that attempts to
				renew its license after the expiration date of the license shall pay a
				nonrefundable late renewal fee in the amount of $500.00 to reinstate the
				license once processed. A license that has been expired for more than ninety
				(90) days shall not be renewed.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 4 - Research Facilities and Education Facilities › Section 442:10-4-3 - Applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application fee.
An applicant for a research facility or education
				facility license, or renewal thereof, shall submit to the Authority a completed
				application on a form and in a manner prescribed by the Authority, along with
				the application fee as established in 63 O.S. § 420 et seq. and the
				Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et
				seq.
(b)
Submission.
The application shall be on the Authority prescribed form and shall include the
				following information about the establishment:
(1) Name of the establishment;
(2) Physical address of the establishment,
				including the county in which any licensed premises will be located;
(3) GPS coordinates of the
				establishment;
(4) Phone number and
				email of the establishment; and
(5)
				Hours of operation for any licensed premises.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 4 - Research Facilities and Education Facilities › Section 442:10-4-5 - Inventory tracking, records, reports, and audits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Monthly reports.
Research
				facility licensees shall submit monthly reports to the Authority, which shall
				include:
(1) The amount of marijuana
				purchased from medical marijuana businesses and research facilities in
				pounds;
(2) The amount of medical
				marijuana grown and used for research in pounds;
(3) The amount of marijuana waste in
				pounds;
(4) If necessary, a
				detailed explanation of why any marijuana cannot be accounted for as having
				been purchased, used for research, or maintained in current inventory;
				and
(5) Any information the
				Authority determines is necessary to ensure that all marijuana grown in
				Oklahoma is accounted for as required under 63 O.S. § 420 et seq. the
				Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et
				seq.
(6) Upon implementation,
				submission of information and data to the Authority through the State inventory
				tracking system will be required in accordance with the Oklahoma Medical
				Marijuana Protection Act, 63 O.S. § 427.1 et seq., and these Rules, and
				submission of information and data to the Authority through the State inventory
				tracking system shall be sufficient to satisfy monthly reporting
				requirements.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 4 - Research Facilities and Education Facilities › Section 442:10-4-6 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
(a)
Failure
				to file timely reports.
If a research facility licensee fails to submit
				a timely, complete, and accurate required monthly report and fails to correct
				such deficiency within thirty (30) days of the Authority's written notice, the
				licensee shall be subject to a fine in the amount set forth in Appendix C for
				each violation and any other administrative action and penalty authorized by
				law.
(b)
Fraudulent
				reports.
Within any one (1) year period of time, if the licensee has
				submitted one (1) or more reports containing gross errors that cannot
				reasonably be attributed to normal human error, the licensee shall be subject
				to a fine in the amount set forth in Appendix C for each violation and any
				other administrative action and penalty authorized by law.
(c)
Unlawful purchase and sale.
Within any one (1) year period of time, if the licensee has made an unlawful
				purchase or sale of medical marijuana, the licensee shall be subject to a fine
				in the amount set forth in Appendix C for each violation and any other
				administrative action and penalty authorized by law.
(d)
Noncompliance and criminal
				activity.
A research facility or education facility license shall be
				subject to revocation, suspension, monetary penalties, and any other penalty
				authorized by law upon a determination by the Authority that the licensee has
				not complied with applicable Oklahoma law or this Chapter, or upon official
				notification to the Authority that the licensee has engaged in criminal
				activity in violation of Oklahoma law.
(e)
Administrative penalties.
Procedures for administrative penalties against a licensee are stated in the
				Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. These
				procedures provide for the licensee to receive notice and to have the
				opportunity to be present at a hearing and to present evidence in his or her
				defense. The Executive Director or his or her designee may promulgate an
				administrative order revoking or suspending the license, dismissing the matter,
				or providing for other relief as allowed by law. At any time after the action
				is filed against the research facility or education facility licensee, the
				Authority and the licensee may dispose of the matter by consent order or
				stipulation. Orders are appealable in accordance with the Oklahoma
				Administrative Procedures Act, 75 O.S. § 250 et seq.
(f)
Fines.
Monetary penalties
				shall be assessed in the amounts set forth in Appendix C. Failure to pay any
				fine within thirty (30) days of assessment of the fine shall result in
				nonrenewal, suspension, and/or revocation of the license.