Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 1 - General Provisions › Section 442:10-1-4 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
				  shall have the following meaning, unless the context clearly indicates
				  otherwise:
"Actively operating"
or
"Actively
				  conducting business operations"
means a commercial licensee that
				  possesses, sells, purchases or transfers medical marijuana and/or medical
				  marijuana products to or from its licensed premises in a regular or seasonal
				  capacity.
"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.
"Alcoholic beverage"
means
alcohol,
				  spirits, beer and wine and also includes every liquid or solid, patented or
				  not, containing alcohol, spirits, wine or beer and capable of being consumed as
				  a beverage by human beings
[37A O.S. § 1-103].
"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 issue and
				mailed to the applicant; and
(D)
"Denied"
means the applicant does not meet the qualifications
				under Oklahoma law and this Chapter for a license.
"Authority"
or
"OMMA"
means the
				  Oklahoma Medical Marijuana Authority.
"Batch number"
means a unique numeric or
				  alphanumeric identifier assigned prior to any testing to allow for inventory
				  tracking and traceability.
"Business license"
means a license issued by the
				  Authority to a medical marijuana dispensary, grower, processor, testing
				  laboratory, or transporter.
"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 medical marijuana patient license holder
				  whom a physician attests needs assistance.
"CFR"
means the Code of Federal Regulations, the
				  compilation of the general and permanent rules published in the Federal
				  Register by the executive departments and agencies of the federal government
				  which is published by the U.S. Government Printing Office. Citations in this
				  Chapter to the CFR refer sequentially to the Title, Part and Section
				  numbers.
"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 CFR §
										1700.15 (1995) and
				16 CFR §
										1700.20 (1995); and
(B) 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.
"COA"
means certificate of analysis.
"Commercial license"
means any license issued to
				  an individual or entity that is not a patient, caregiver, or transporter
				  agent.
"Commercial licensee"
means an individual or
				  entity issued a commercial license and does not mean a patient, caregiver, or
				  transporter agent.
"Complete(d) application"
means a document
				  prepared in accordance with Oklahoma law, these Rules, and the forms and
				  instructions provided by the Authority, including any supporting documentation
				  required by the Authority and the license fee.
"Decontamination
" means a type of remediation
				  process that attempts to remove or reduce to an acceptable level a contaminant
				  exceeding an allowable threshold set forth in these Rules in a harvest batch,
				  provided it is not processed into a solvent-based concentrate.
"Director"
or
"Executive Director"
means the Executive Director of the Oklahoma Medical Marijuana
				  Authority.
"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, or a licensed
				  caregiver.
"Dispensary"
or
"Commercial
				  dispensary"
means an individual or entity that has been issued a medical
				  marijuana business license by the Authority, 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 a licensed caregiver, and to the
				  licensed patient's parent(s) or legal guardian(s) if licensed patient is a
				  minor; to prepare and package noninfused pre-rolled medical marijuana with a
				  net weight that does not exceed one (1) gram to sell to medical marijuana
				  patients and caregivers; and to sell, transfer, and transport or contract with
				  a commercial transporter to transport medical marijuana or medical marijuana
				  products to another licensed dispensary, a research facility, and an
				  educational facility; and to transfer samples to testing laboratories.
"Dispose"
or
"Disposal"
means the
				  disposition of medical marijuana waste by either a process which renders the
				  waste unusable and unrecognizable 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
				Authority;
(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 Authority; or
(C) Incarceration for any reason during
				submission of application to the Authority.
"Education facility"
means an individual or
				  entity that has been issued a license by the Authority to operate a facility
				  providing training and education to individuals involving the cultivation,
				  growing, harvesting, curing, preparing, packaging, or testing of medical
				  marijuana, or the production, manufacture, extraction, processing, packaging,
				  or creation of medical-marijuana-infused products or medical marijuana products
				  for the limited education and research purposes permitted under state and
				  federal law and these Rules; to transfer, by sale or donation, medical
				  marijuana grown within its operation to licensed research licensees; and to
				  transfer samples to licensed testing laboratories.
"Entity"
means 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.
"Error in measurement"
means a mistake made by
				  the Authority or a municipality in the setback measurement process where either
				  the distance between a medical marijuana dispensary and a school is
				  miscalculated due to mathematical error or the methods used to measure the
				  setback distance is inconsistent with 63 O.S. § 425(G).
"Error in measurement allowance
" means an
				  allowance of an error in measurements of the distance between a medical
				  marijuana dispensary and a school up to and including five hundred (500) feet
				  when remeasured after an original license has been issued.
"Exit package"
means an opaque bag that is
				  provided at the point of sale in which pre-packaged medical marijuana is
				  placed.
"Final product"
or
"Final medical
				  marijuana product"
means any finished medical marijuana product that has
				  been infused with a concentrate or that has been further processed and is in
				  the form in which it will be sold to medical marijuana patients and caregivers,
				  meaning no other ingredients or additives will be infused or otherwise added
				  into the product. Examples may include topicals, tinctures, cookies, brownies,
				  candies, gummies, beverages, or chocolate.
"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 for consumption 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 of the nodes of the stem.
"Food"
means
articles used for food or
				  drink for man, (2) chewing gum, and (3) articles used for components of any
				  such article
[63 O.S. § 1-1101] and
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
[OAC
				  310:257-1-2 and OAC
				  310:260-1-6] .
"Grower"
or
"Commercial grower"
means an individual or entity that has been issued a medical marijuana business
				  license by the Authority, which allows the grower to grow, harvest, dry, cure,
				  package medical marijuana and noninfused pre-rolled medical marijuana with a
				  net weight that does not exceed one (1) gram, to sell, transfer, and transport
				  or contract with a commercial transporter for the transport of medical
				  marijuana in accordance with Oklahoma law and this Chapter to a dispensary,
				  processor, grower, research facility, education facility, or samples to a
				  testing laboratory.
"Harvest batch"
means a specifically identified
				  quantity of usable medical marijuana, not to exceed harvest batch sizes
				  allowable under OAC
				  442:10-8-1(b),
				  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.
"Hazardous processor license"
means a license
				  issued to a medical marijuana processor that performs an extraction method that
				  utilizes chemicals considered hazardous by the OSHA Hazard Communication
				  Standard under 29 CFR §
											1910.1200.
"Immature plant"
means a nonflowering marijuana
				  plant that has not demonstrated signs of flowering.
"Indirect beneficial owner"
means an individual
				  or entity who indirectly, through any contract, arrangement, understanding,
				  relationship or otherwise, owns ten percent (10%) or more of the equity
				  interests of a grower, processor, or dispensary.
"Information panel"
means 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."
"Infused pre-roll"
means pre-rolled medical
				  marijuana into which cannabis concentrate, extracts, derivatives, or other
				  ingredients have been incorporated.
"Integration"
or
"Integrated"
means
				  a third-party vendor's software application or a software service that has been
				  fully validated to share inventory tracking or other data directly with the
				  State inventory tracking system via a secure Application Programming Interface
				  ("API").
"Inventory tracking system"
or
"State
				  inventory tracking system"
means the required tracking system
				  established by the Authority that accounts for medical marijuana from either
				  the seed or immature plant stage until the medical marijuana or medical
				  marijuana product is sold to a patient at a medical marijuana dispensary,
				  disposed of in accordance with these Rules, or used in a research project by a
				  medical marijuana research facility, meaning that the State's inventory
				  tracking system accounts for the entire life span of medical marijuana and
				  medical marijuana products, including any testing samples thereof and medical
				  marijuana waste.
"Kief"
means the resinous trichomes of marijuana
				  that have been separated from the marijuana plant.
"Label"
means 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.
"Licensed packager"
means as used in 63 O.S.
				  § 422(C) a processor.
"Licensed premises"
means the premises specified
				  in an application for a medical marijuana business, research facility,
				  education facility, or waste disposal facility 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 and shall not include any plant or material
				  containing delta-8 or delta-10 tetrahydrocannabinol which is grown, processed
				  or sold pursuant to the provisions of the Oklahoma Industrial Hemp
				  Program.
"Material change"
means any change that would
				  affect the qualifications for licensure of an applicant or licensee.
"Mature plant"
means harvestable female
				  marijuana plant that is flowering.
"Medicaid"
means the 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 business"
means an individual
				  or entity licensed by the Authority as a medical marijuana dispensary, grower,
				  processor, testing laboratory, or transporter.
"Medical marijuana concentrate"
or
"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 research"
means research on
				  medical marijuana and medical marijuana products for public purposes, including
				  the advancement of (A) Public health policy and public safety policy, (B)
				  Agronomic and horticultural best practices, and (C) Medical and pharmacopoeia
				  best practices. For purposes of this Chapter, this term does not include
				  biomedical and clinical research that is subject to federal regulations and
				  institutional oversight and shall not be subject to Authority oversight.
"Medical marijuana waste"
means
(A) 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 seeds, roots, stems, stalks and fan
				leaves,
(B) all product which is
				deemed to fail laboratory testing and cannot be remediated or decontaminated,
				or
(C) all products and inventory
				from commercial licensees that:
(i) have gone
				out of business;
(ii) are not
				subject to the provisions of Section
				1560 of Title 12 of the Oklahoma
				Statute; and
(iii) are unable to
				lawfully transfer or sell the product and inventory to another commercial
				licensee.
"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"
means the same definition as set
				  forth in the Oklahoma Municipal Code, 11 O.S. § 1-102, and "
means
				  any incorporated city or town
."
"Nonhazardous processor license"
means a license
				  issued by the Authority to a processor that will not perform any processing or
				  extraction methods that utilize a chemical considered hazardous by the OSHA
				  Hazard Communication Standard under
				  29 CFR §
												1910.1200.
"Noninfused pre-roll"
means pre-rolled medical
				  marijuana that consist only of flower, shake, or trim, and may include
				  unflavored paper, a filter, tip, or cone. This product shall not include
				  marijuana concentrates, extracts, derivatives, or any other ingredients.
"Nonliquid medical marijuana product"
means a
				  substance obtained by separating cannabinoids that have been extracted from
				  plant material by physical or chemical means and is not a liquid, meaning that
				  it does not conform to a container in which it is placed. Examples include wax,
				  budder, shatter, and hash.
"Nonoperational"
means a commercial licensee
				  that cannot provide proof that it is actively operating or working towards
				  operational status.
"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"
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
[11 O.S. § 1-102].
"Oklahoma resident"
or
"Resident"
means an individual who can provide proof of residency as required by OAC
				  442:10-1-6 (relating to proof of
				  residency) or OAC
				  442:10-5-3.1 (relating to proof
				  of residency for commercial business licensees).
"Oklahoma uniform symbol"
or
"Universal
				  symbol"
means the image, established by the Authority 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 the color
				  designated by the Authority.
"Openly in existence"
means any building,
				  location, or structure on a school site that has visible outward markings
				  indicating the building, location, or structure was operating as a school which
				  would serve as sufficient notice of the existence of the school or a reason for
				  further inquiry on the part of the medical marijuana dispensary license
				  applicant. "Openly in existence" shall not mean any school that operated
				  secretly or discreetly without any signs or other markings on any building,
				  location, or structure on the school site, undeveloped land or a structure
				  owned by a school that was not openly used and marked as a school site, or any
				  school site that was established after the medical marijuana dispensary had
				  been established and licensed by the Authority.
"Organic"
means the same as the term defined in
				  the National Organic Program codified at
				  7 CFR §
												205.2. This includes the terms "organically
				  produced" as set forth in 7
				  U.S.C. §
												6502(15) and
				  "100 percent organic" and "made with organic (specified ingredients or food
				  group(s))" as set forth in 7
				  CFR §
												205.102.
"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
				  442:10-2-1 and OAC
				  442:10-2-2.