Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-16 - Prohibited acts

Current through Vol. 41, No. 20, July 1, 2024
(a) No commercial
				licensee shall allow the consumption of alcohol or the smoking or vaping of
				medical marijuana or medical marijuana products on the licensed premises,
				except that if the licensed premises is a residence, a commercial licensee
				shall only be prohibited from consuming alcohol or the smoking or vaping of
				medical marijuana in areas of the licensed premises where operations of the
				business are conducted.
(b) No
				commercial licensee shall employ any person under the age of eighteen
				(18).
(c) No commercial licensee
				shall allow for or provide the delivery of medical marijuana or medical
				marijuana products to licensed patients or caregivers.
(d) No dispensary shall allow any physician
				to be located, maintain an office, write recommendations, or otherwise provide
				medical services to patients at the same physical address as a
				dispensary.
(e) No commercial
				licensee shall engage in advertising prohibited under OAC
				442:10-7-3.
(f) No commercial licensee shall sell or
				offer to sell medical marijuana or medical marijuana product by means of any
				advertisement or promotion that includes any statement, representation, symbol,
				depiction, or reference, directly or indirectly, which would reasonably be
				expected to induce minors to purchase or consume marijuana or medical marijuana
				products.
(g) No commercial
				licensee shall falsify or misrepresent any documents, forms, or other materials
				or information submitted to the Authority.
(h) No commercial licensee shall threaten or
				harm a patient, medical practitioner, or an employee of the
				Authority.
(i) No commercial
				licensee shall fail to adhere to any acknowledgment, verification, or other
				representation made to the Authority.
(j) No licensed grower shall possess, sell or
				otherwise transfer, or offer to sell or otherwise transfer medical marijuana
				products.
(k) No licensee shall
				operate or otherwise use any extraction equipment or processes utilizing
				butane, propane, carbon dioxide or any potentially hazardous material in
				residential property.
(l) Licensees
				shall not sell or otherwise transfer, purchase, obtain, or otherwise accept the
				transfer of medical marijuana or medical marijuana products from an any
				individual or entity that is not an Oklahoma-licensed medical marijuana
				business, except that licensed dispensaries may sell medical marijuana and
				medical marijuana products to licensed patients and caregivers and a processor
				may process medical marijuana directly on behalf of a licensed patient or
				caregiver in accordance with OAC
				442:10-5-5. No licensee shall
				purchase or sell medical marijuana or medical marijuana products to or from any
				unlicensed individual or entity.
(m) After implementation of the State
				inventory tracking system, no licensee shall sell or otherwise transfer,
				purchase, obtain or otherwise accept the transfer of medical marijuana or
				otherwise accept the transfer of medical marijuana or medical marijuana
				products that are not properly inputted and tracked in the State inventory
				tracking system in accordance with Oklahoma law and regulations.
(n) Medical marijuana growers and
				dispensaries shall not make or package infused pre-rolls.
(o) Medical marijuana growers and
				dispensaries shall not make or package pre-rolls that exceed one (1) gram in
				net weight.
(p) Licensees shall not
				allow any other entity or person to use their OMMA license number who is not an
				owner, employee, or authorized contractor of the commercial licensee while
				conducting business on behalf of that commercial licensee.
(q) No commercial licensee shall make, sell,
				transfer, or offer to sell any alcoholic beverage that has been infused with
				medical marijuana or medical marijuana products.
(r) Growers shall not purchase, make, sell,
				transfer, or otherwise obtain any medical marijuana products except growers may
				package and sell noninfused pre-rolls and kief in accordance with these
				Rules.
(s) Dispensaries shall not
				package or alter packaging or labeling of medical marijuana or medical
				marijuana products except for the following reasons:
(1) Dispensaries are authorized to package
				and sell noninfused pre-rolled marijuana;
(2) Dispensaries, or employees thereof, may
				handle loose or nonpackaged medical marijuana to be placed in packaging for
				retail sale consistent with Oklahoma law and these Rules, including packaging
				and labeling requirements in OAC
				442:10-7-1(d)
				-(e);
(3) Dispensaries may apply
				barcodes, qr codes, or other inventory tracking tags and labels. These items
				shall not obscure required label and packaging requirements; and
(4) Dispensaries must place medical marijuana
				or medical marijuana products into a child-resistant exit package at the point
				of transfer to a patient or caregiver if those items are not already in
				child-resistant packaging.