Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-4 - Inspections

Current through Vol. 41, No. 20, July 1, 2024
(a) Submission of
				an application for a medical marijuana commercial license constitutes
				permission for entry to and inspection of any licensed premises and any
				vehicles on the licensed premises used for the transportation of medical
				marijuana and medical marijuana products during hours of operation and other
				reasonable times. Refusal to permit or impeding such entry or inspection shall
				constitute grounds for administrative penalties, which may include but are not
				limited to fines as set forth in Appendix C and the denial, nonrenewal,
				suspension, and/or revocation of a license.
(b) The Authority may perform two on-site
				inspections per calendar year of each licensed grower, processor, dispensary,
				or commercial transporter to determine, assess, and monitor compliance with
				applicable Oklahoma law and these Rules or ensure qualifications for
				licensure.
(c) The Authority shall
				conduct one on-site inspection of a testing laboratory applicant prior to
				licensure and up to two (2) on-site inspection annually thereafter. The
				inspection prior to initial licensure may include proficiency testing, and
				shall be conducted to ensure all application materials are accurate and the
				applicant meets all requirements in 63 O.S. § 427.17 and these
				Rules.
(d) The Authority shall
				conduct one (1) on-site inspection of each warehouse location of a medical
				marijuana transporter applicant or licensee prior to approving the location for
				use to ensure all information and documentation is true and correct and to
				determine if the proposed warehouse location meets all requirements of 63 O.S.
				§ 427.16 and these Rules.
(e)
				The Authority may conduct additional inspections to ensure correction of or
				investigate violations of applicable Oklahoma law and these Rules.
(f) The Authority shall refer all complaints
				alleging criminal activity or other violations of Oklahoma law that are made
				against a licensee to appropriate Oklahoma state or local law enforcement or
				regulatory authorities.
(g) If the
				Authority discovers what it reasonably believes to be criminal activity or
				other violations of Oklahoma law during an inspection, the Authority may refer
				the matter to appropriate Oklahoma state or local law enforcement or regulatory
				authorities for further investigation. Except for license information
				concerning licensed patients, the Authority may share confidential information
				to assist other agencies in ensuring compliance with applicable laws, Rules,
				and regulations.
(h) The Authority
				may review any and all records of a licensee and may require and conduct
				interviews with such persons or entities and persons affiliated with such
				entities, for the purpose of determining compliance with Authority Rules and
				applicable laws. Failure to make documents or other requested information
				available to the Authority and/or refusal to appear or cooperate with an
				interview shall constitute grounds for administrative penalties, which may
				include, but are not limited to, fines as set forth in Appendix C and the
				denial, nonrenewal, suspension, and/or revocation of a license. All records
				shall be kept on-site and readily available.
(i) If the Authority identifies a violation
				of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient
				Protection Act, 63 O.S. § 427.1 et seq., and these Rules during an
				inspection of the licensed business, the Authority shall take administrative
				action in accordance with Oklahoma law, including the Oklahoma Administrative
				Procedures Act, 75 O.S. § 250 et seq.
(j) The Authority may assess fines in the
				amounts set forth in Appendix C and seek any other administrative penalties
				authorized by law against a licensee without providing opportunity to correct
				when the violation is not capable of being corrected. The Authority may suspend
				or revoke a license for failure to pay any fine or monetary penalty lawfully
				assessed by the Authority against the licensee.
(k) Except as otherwise provided in Oklahoma
				law or these Rules, correctable violations identified during an inspection
				shall be corrected within thirty (30) days of receipt of a written notice of
				violations. If a licensee fails to correct violations within thirty (30) days,
				the licensee will be subject to a fine in the amount set forth Appendix C for
				each violation and any other administrative action and penalty authorized by
				law.
(l) The Authority may employ
				secret shoppers to inspect licensed commercial medical marijuana businesses.
				Secret shoppers may purchase medical marijuana or medical marijuana products
				for compliance testing or attempt to purchase medical marijuana or marijuana
				products in order to prove compliance with the Oklahoma Medical Marijuana and
				Patient Protection Act or any rule determined by the Authority. In the absence
				of unanimous confirmation of test results with safety failures for
				contaminants, the Authority may investigate, embargo, or recall any medical
				marijuana or medical marijuana products. Nothing in this section otherwise
				prohibits the Authority from conducting investigations resulting from a secret
				shopper inspection.