reglab/statecodes huggingface dataset:
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 licenses 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.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-1 - License required

Current through Vol. 41, No. 20, July 1, 2024
(a) No person or
				entity shall operate a medical marijuana business 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 law, and the Rules in this Chapter. 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 commercial business 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 commercial
				businesses shall be on forms prescribed by the Authority.
(d) Application fees are
				nonrefundable.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-2 - Licenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timeframe.
A medical marijuana business license 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.
A business license issued to a grower, processor, dispensary, or testing
				laboratory shall only be valid for a single location at the address listed on
				the application. A transporter license shall only be valid at the physical
				locations that have been submitted to and approved by the Authority and are
				listed on the application.
(1) For a medical
				marijuana commercial grower that has a combination of both indoor and outdoor
				growing facilities at one (1) location, the medical marijuana commercial grower
				shall be required to obtain a separate license from the Authority for each type
				of grow operation and shall be subject to the licensing fees provided in 63
				O.S. 427.14 and these Rules.
(2)
				Beginning June 1, 2023, no more than one (1) medical marijuana commercial
				grower license shall be issued for any one (1) property; a medical marijuana
				commercial grower holding a combination of both indoor and outdoor licenses at
				one (1) location shall be exempt from this requirement.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-2 - Licenses

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timeframe.
A medical marijuana business license 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.
A business license issued to a grower, processor, dispensary, or testing
				laboratory shall only be valid for a single location at the address listed on
				the application. A transporter license shall only be valid at the physical
				locations that have been submitted to and approved by the Authority and are
				listed on the application.
(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
				442:10-5-3.
(2) Before renewing a license, the Authority
				may require further information and documentation and may require additional
				background checks 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) The Authority may refuse to renew a
				license of a medical marijuana business 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.
(4) 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.
(5) 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 and approved by the Authority. 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 5 - Medical Marijuana Businesses › Section 442:10-5-2.1 - Objection by municipality

Current through Vol. 41, No. 20, July 1, 2024
Prior to the initial renewal or transfer of a license, a
				  municipal government may object to the continued licensure of a medical
				  marijuana dispensary if the municipal government determines the medical
				  marijuana dispensary is operating contrary to the required setback distance
				  after taking into account the error in measurement allowance.
(1) To object to the initial renewal or
				transfer of a license, the municipal government shall submit the following
				documentation:
(A) An objection in a form and
				manner as determined by the Authority;
(B) A municipal resolution finding that the
				medical marijuana dispensary is located within the prohibited setback distance
				from a school;
(C) Documentation
				establishing that the school in question was openly in existence prior to the
				medical marijuana dispensary being licensed;
(D) Documentation of the measured distance
				from the school to the marijuana dispensary utilizing the method for
				determining the setback distance applicable to the front door of the medical
				marijuana dispensary less the error in measurement allowance.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-3 - Applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application fee.
An applicant for a medical marijuana business, 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.
Applications for
				a business license will be accepted by the Authority no earlier than sixty (60)
				days from the date that the State Question is approved by the voters of the
				State of Oklahoma. 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 5 - Medical Marijuana Businesses › Section 442:10-5-3.1 - Proof of residency for commercial licensees

Current through Vol. 41, No. 20, July 1, 2024
(a) Applicants shall provide sufficient
				documentation establishing either:
(1)
				Oklahoma residency for at least two (2) years immediately preceding the
				application submission date; or
(2)
				Five (5) years continuous Oklahoma residency during the twenty-five (25) years
				immediately preceding the application submission date.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-3.2 - Persons prohibited from holding a commercial license

Current through Vol. 41, No. 20, July 1, 2024
(a) A medical marijuana commercial license
				shall not be issued to, renewed, or held by:
(1) An applicant who has failed to pay the
				required application or renewal fee;
(2) A corporation, if the criminal history of
				any its officers, directors, or stockholders has a disqualifying criminal
				conviction;
(3) An owner under
				twenty-five (25) years of age;
(4)
				An owner of any commercial licensee who, during a period of licensure or at the
				time of any commercial license application, has failed to:
(A) File any taxes, interest, or penalties
				due related to a medical marijuana business; or
(B) Pay any taxes, interest, or penalties due
				related to a medical marijuana business.
(5) A sheriff, deputy sheriff, police
				officer, prosecuting officer, officer or employee of OMMA, or officer or
				employee of a municipality in which the commercial licensee is located;
				and
(6) A person whose authority to
				be a caregiver as defined in this Chapter is revoked by the Authority for
				violations of Oklahoma law or these Rules. For purposes of this Subsection,
				revoked by the Authority shall not include termination of a caregiver license
				based solely on a patient's withdrawal of caregiver designation.
(7) A person who was involved in the
				management or operation of any commercial licensee that, after the initiation
				of a disciplinary action, has had a medical marijuana license revoked, not
				renewed, or surrendered during the five (5) years preceding submission of the
				application and for the following violations:
(A) unlawful sales or purchases;
(B) any fraudulent acts, falsification of
				records or misrepresentation to the Authority, medical marijuana patient
				licensees, caregiver licensees, or medical marijuana business
				licensees;
(C) any grossly
				inaccurate or fraudulent reporting;
(D) threatening or harming any medical
				marijuana patient, caregiver, medical practitioner, or employee of the
				Authority;
(E) knowingly or
				intentionally refusing to permit the Authority access to premises or
				records;
(F) using prohibited,
				hazardous substance for processing in a residential area;
(G) criminal acts relating to the operation
				of a medical marijuana business; or
(H) any violation that endangers public
				health and safety or product safety, including, but not limited to, failure to
				test medical marijuana or medical marijuana products in accordance with these
				rules, failure to assist in a recall or embargo, or failure to adhere to any
				order or directive by the Authority that may endanger public health and
				safety.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-3.3 - Commercial grower bond required

Current through Vol. 41, No. 20, July 1, 2024
All medical marijuana commercial grower licensees shall file
				  with the Authority either a bond covering the permit area upon which the
				  business licensee will initiate and conduct commercial growing operations or an
				  attestation that the permit area on which the licensee operates the commercial
				  growing operation has been owned by the licensee for at least a five (5) year
				  period prior to submission of application. For the purposes of this section,
				  "permit area" means the "licensed premises" as defined in OAC
				  442:10-1-4:
(1) All commercial grower license applicants
				shall submit on forms prescribed by the Authority:
(A) a bond covering the area of land within
				the permit area upon which the business licensee will initiate and conduct
				commercial growing operations, or
(B) an attestation and accompanying
				documentation showing that the permit area on which the licensee will initiate
				or conduct commercial growing operations has been owned by the licensee for at
				least a five (5) year period prior to submission of
				application.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-4.1 - Operational status visit

Current through Vol. 41, No. 20, July 1, 2024
(a)
Initial
				operational status visit for growers, processors, and dispensaries.
Effective September 1, 2021, the Authority shall begin scheduling on-site
				visits at licensed growers, processors, and dispensaries for the purposes of
				verifying whether the licensed grower, processor, or dispensary is actively
				operating or is working towards becoming operational.
(1) Initial operational status visits shall
				be scheduled and shall occur within the first one hundred eighty (180) days
				after issuance of a medical marijuana grower, medical marijuana processor, or
				medical marijuana dispensary license.
(2) Each operational status visit shall be
				performed on-site at the licensed premises on file with the
				Authority.
(3) If, at the time of
				the initial operational status visit, the grower, processor, or dispensary
				being inspected fails to provide proof to the Authority that the licensee is
				actively operating or working towards operational status, the Authority shall
				grant the grower, processor, or dispensary a grace period of one hundred eighty
				(180) additional days from the date of their initial operational status visit
				to become operational.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-5 - Processing medical marijuana on behalf of a patient or caregiver

Current through Vol. 41, No. 20, July 1, 2024
(a) A licensed processor shall not sell or
				otherwise transfer medical marijuana or medical marijuana products to a patient
				or caregiver, except that a licensed processor may process medical marijuana
				into medical marijuana concentrate on behalf of a licensed patient or caregiver
				in exchange for a fee.
(b) For each
				occasion in which medical marijuana is processed in accordance with this
				subsection, a processor shall enter all information required by OAC
				442:10-5-6(b)(4)
				into a log, which shall be maintained on the licensed premises.
(c) Processors shall only use medical
				marijuana provided by the licensed patient or caregiver when processing on
				behalf of a patient or caregiver and shall not add, mix in, or otherwise
				incorporate any medical marijuana or medical marijuana concentrate obtained
				from a separate source. A processor shall return any excess medical marijuana
				to the licensed patient. Plant material and any waste generated from processing
				shall be disposed of in accordance with OAC
				442:10-5-10.
(d) The medical marijuana concentrate shall
				be labeled, and the label shall contain, at a minimum, the following
				information:
(1) Patient and, if applicable,
				caregiver license number;
(2)
				Processor name and license number;
(3) Date processed; and
(4) The Oklahoma uniform symbol.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-6 - Inventory tracking, records, reports, and audits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Monthly
				reports.
Licensed growers, processors, and dispensaries shall complete a
				monthly report on a form and in a manner prescribed by the Authority. These
				reports shall be deemed untimely if not received by the Authority by the
				fifteenth (15th) of each month for the preceding month.
(1) Dispensary reports shall include:
(A) The amount of marijuana purchased in
				pounds;
(B) The amount of marijuana
				sold or otherwise transferred in pounds;
(C) The amount of marijuana waste in
				pounds;
(D) If necessary, a
				detailed explanation of why any medical marijuana product purchased by the
				licensee cannot be accounted for as having been sold or still remaining in
				inventory;
(E) Total dollar amount
				of all sales to medical marijuana patients and caregivers;
(F) Total dollar amount of all taxes
				collected from sales to medical marijuana patients and caregivers;
				and
(G) 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. and the
				Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et
				seq.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-6.1 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
(a)
Failure
				to file timely reports.
If a commercial 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)
Inaccurate
				reports.
Within any two (2) year period of time, if a licensee has
				submitted one (1) or more reports containing gross errors that cannot
				reasonably be attributed to normal human error, 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.
(1) 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.
(2) The Authority may revoke
				the license at any time regardless of the number of the offense upon a showing
				that the violation was willful or grossly negligent.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-7 - Tax on retail medical marijuana sales

Current through Vol. 41, No. 20, July 1, 2024
(a) The tax on
				retail medical marijuana sales by a dispensary is established at seven percent
				(7%) of the gross dollar amount received by the dispensary for the sale of any
				medical marijuana or medical marijuana product. This tax will be collected by
				the dispensary from the customer who must be a licensed medical marijuana
				patient or caregiver.
(b) A
				dispensary shall either hold or obtain an Oklahoma sales tax permit from the
				Oklahoma Tax Commission in compliance with OAC
				710:65-19-216.
(c) Reports and payments on gross sales, tax
				collected, and tax due shall be remitted to the Oklahoma Tax Commission by
				every dispensary on a monthly basis. No additional reporting regarding gross
				sales, tax collected, and tax due shall be made to the Authority.
(d) Dispensary reporting and remittance shall
				be made to the Oklahoma Tax Commission on a monthly basis. Reports and
				remittances are due to the Oklahoma Tax Commission no later than the 20th day
				of the month following the month for which the report and remittances are
				made.
(e) All dispensaries required
				to report and remit medical marijuana tax shall remit the tax and file their
				monthly tax report in accordance with the manner prescribed by the Tax
				Commission.
(f) The report shall
				contain the following information:
(1)
				Dispensary name, address, telephone number and dispensary license
				number;
(2) Reporting month and
				year;
(3) Total gross receipts for
				the preceding month from sales of medical marijuana or any medical marijuana
				product;
(4) The amount of tax due
				as described in (a) of this Section; and
(5) Such other reasonable information as the
				Tax Commission may require.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-8 - Food safety standards for processors

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
This Section sets forth the food safety standards that
				processors must comply with in the preparation, production, manufacturing,
				processing, handling, packaging, and labeling of edible medical marijuana
				products.
(b)
Existing
				law.
This Section does not relieve licensed processors of any
				obligations under existing laws, rules, and regulations, including 63 O.S.
				§ 1-1101 et seq., OAC 310:257, and OAC 310:260, to the extent they are
				applicable and do not conflict with 63 O.S. § 420 et. seq.
(1) The sale, offer to sell, dispense or
				release into commerce of any food or confection under a name, label, or brand
				when the name, label, or brand either precisely or by slang term or popular
				usage, is the name, label, or brand of marijuana is not prohibited.
(2) Marijuana used in food shall be
				considered an additive, a component, and/or an edible substance.
(3) Marijuana shall not be considered a
				deleterious, poisonous, or nonnutritive substance, and the use of marijuana,
				alone, in food shall not make such food adulterated or misbranded.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-9 - Standards for handling and processing medical marijuana and medical marijuana products

Current through Vol. 41, No. 20, July 1, 2024
These rules do not relieve commercial licensees of any
				  obligations under Oklahoma law, statutes, and rules, including 63 O.S. §
				  1-1101 et seq., 63 O.S. § 1-1401 et seq., OAC 310:257, and OAC 310:260, to
				  the extent they are applicable and do not conflict with 63 O.S. § 420 et
				  seq. and 63 O.S. § 427.1 et seq.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-10 - Medical marijuana waste disposal

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				medical marijuana plant material and waste generated during the cultivation,
				production, processing, handling, and testing of medical marijuana and medical
				marijuana products must be stored, managed, and disposed of in accordance with
				these Rules, the Oklahoma Medical Marijuana Waste Management Act, 63 O.S.
				§ 427a et seq., and any other applicable Oklahoma statutes and rules,
				except that medical marijuana waste shall not be subject to the provisions of
				the Uniform Controlled Dangerous Substances Act, 63 O.S. § 2-101 et
				seq.
(b) Licensees may dispose of
				root balls, stems, fan leaves, seeds, and the mature stalks or fiber produced
				from such stalks at the licensed premises by open burning, incineration,
				burying, mulching, composting or any other technique approved by the Department
				of Environmental Quality.
(1) Commercial
				licensees engaged in the disposal of root balls, stems, fan leaves, seeds, and
				the mature stalks or fiber produced from such stalks shall create and maintain
				a disposal log that contains, at a minimum, the following information:
(A) Name and license number of the commercial
				licensee;
(B) A description of the
				plant material being disposed;
(C)
				A brief description of the method used for disposal;
(D) Date and time of the disposal;
				and
(E) Names of employee(s)
				conducting the disposal.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-11 - Attestation confirming or denying foreign financial interests

Current through Vol. 41, No. 20, July 1, 2024
(a) All licensed medical marijuana businesses
				shall submit an attestation to the Oklahoma State Bureau of Narcotics and
				Dangerous Drugs Control ("OBNDD") confirming or denying the existence of any
				foreign financial interests in the medical marijuana business in accordance
				with 63 O.S. § 427.15 and OBNDD rules and regulations.
(b) The Authority shall immediately revoke
				the medical marijuana business license of any medical marijuana business
				licensee that fails to submit such attestation to OBNDD in accordance with the
				law.
(c) A medical marijuana
				business that submits a complete and approved attestation to OBNDD within sixty
				(60) days of revocation of its license may be eligible to seek reinstatement of
				its license.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-12 - Marijuana transaction limitations

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				single transaction by a dispensary with a patient, or the parent(s) or legal
				guardian(s) if patient is under eighteen (18) years of age, or caregiver shall
				be limited to three (3) ounces or eighty-four and nine-tenths (84.9) grams of
				marijuana, one (1) ounce or twenty-eight and three-tenths (28.3) grams of
				marijuana concentrate, seventy-two (72) ounces or two thousand thirty-seven and
				six-tenths (2,037.6) grams of edible medical marijuana products, six (6) mature
				plants, and/or six (6) seedling plants.
(b) A single transaction between a processor
				and patient, or the parent(s) or legal guardian(s) if patient is younger than
				eighteen (18) years of age, for the processing of medical marijuana concentrate
				shall be limited to one (1) ounce of medical marijuana concentrate.
(c) Medical marijuana businesses shall
				utilize an OMMA provided system to verify and ensure that all medical marijuana
				transactions are conducted with medical marijuana patient, caregiver, or
				commercial license holders in accordance with the law and shall take all
				reasonable steps necessary to prevent the sale or other transfer of medical
				marijuana and medical marijuana products to a person or entity who does not
				hold a valid, unexpired license issued by the Authority under 63 O.S. §
				420 et seq., the 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., and this Chapter.
(1) In
				addition to utilization of an OMMA provided system, verification of all
				licenses shall include, at a minimum: name; valid, unexpired license number;
				and expiration date.
(2) In
				addition to the items required in Subsection (c)(1) above, verification of
				licenses issued to individuals shall include verification of the photo of the
				licensee.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-13 - Loss and theft

Current through Vol. 41, No. 20, July 1, 2024
If a commercial licensee has reason to believe that an actual
				  loss, theft, or diversion of medical marijuana has occurred, the commercial
				  licensee shall notify immediately the Authority and law enforcement. The
				  commercial licensee shall provide the notice by attaching and submitting
				  electronically a signed statement that details the estimated time, location,
				  and circumstances of the event, including an accurate inventory of the quantity
				  and type of medical marijuana unaccounted for due to diversion or theft. The
				  notice shall be provided no later than twenty-four hours after discovery of the
				  event.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-14 - Handling of medical marijuana by dispensary

Current through Vol. 41, No. 20, July 1, 2024
(a) A medical marijuana dispensary may
				display samples of marijuana of no more than three (3) grams in each separate
				sample display cases, jars, or other sample containers protected by a plastic
				or metal mesh screen to allow medical marijuana patients and caregivers to
				smell and handle the various strains sold by a medical marijuana dispensary.
				The sample shall only be used for display purposes and cannot be offered for
				retail sale. The medical marijuana dispensary shall dispose of the sample in
				accordance with these Rules.
(b)
				Each display case, jar, or other container must be labeled with the following
				information:
(1) licensee name that grew the
				medical marijuana;
(2) strain
				name;
(3) batch number;
				and
(4) the following statement:
				"Sample: not for retail sale."
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 5 - Medical Marijuana Businesses › Section 442:10-5-15 - Entry to licensed premises

Current through Vol. 41, No. 20, July 1, 2024
No minors under the age of eighteen (18) may enter licensed
				  premises unless the minor is under the supervision of his or her parent or
				  legal guardian at all times while on the licensed premises.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 6 - Commercial Licensees › Section 442:10-6-1 - General security requirements for commercial licensees

Current through Vol. 41, No. 20, July 1, 2024
(a) Commercial licensees shall implement
				appropriate security measures to deter and prevent the unauthorized entrance
				into areas containing marijuana and the theft and diversion of
				marijuana.
(b) Commercial licensees
				are responsible for the security of all marijuana items on the licensed
				premises or all marijuana items in their possession during transit.
(c) Commercial grower licensees shall be
				required to post signage at the site of the commercial grow operation that must
				be visible from the road at the primary entrance to the grow facility. For
				purposes of this Section, primary entrance means the principal or main entrance
				of the commercial grow facility which is used by staff and/or persons accessing
				the property.
(1) Signage shall be located at
				the perimeter of the property with dimensions measuring no less than eighteen
				(18) inches by twenty-four (24) inches with a font size of no less than two (2)
				inches. For purposes of this Section, perimeter of the property refers to the
				outermost boundaries of the property that is licensed by the Authority as a
				commercial grow operation. Information required to be displayed on the sign
				shall be in black standardized font on a white background. The required signage
				shall also comply with county regulations and local ordinances related to the
				real property where the commercial grow operation is located. The following
				information shall be included on the required signage:
(A) Business name;
(B) Physical address of the licensed
				business;
(C) Phone number of the
				licensed business; and
(D) Medical
				marijuana business license number.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 6 - Commercial Licensees › Section 442:10-6-2 - Construction of premises

Current through Vol. 41, No. 20, July 1, 2024
All commercial licensees shall meet the standards of any
				  applicable state and local electrical, fire, plumbing, waste and building
				  specification codes including but not limited to the codes adopted by the
				  Oklahoma Uniform Building Code Commission as set forth in OAC
				  748:20.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 7 - Packaging, Labeling, and Advertising › Section 442:10-7-1 - Labeling and packaging

Current through Vol. 41, No. 20, July 1, 2024
(a)
Prohibition on sale or transfer.
Commercial licensees shall not
				sell, distribute, or otherwise transfer medical marijuana and medical marijuana
				products that are not packaged and labeled in accordance with the Oklahoma
				Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and
				these Rules.
(b)
Nonacceptance or return.
A dispensary shall refuse to accept or
				shall return to the licensee transferring medical marijuana or medical
				marijuana products to the dispensary, any medical marijuana or medical
				marijuana products that are not packaged and labeled in accordance with the
				Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et
				seq., and these Rules. The business licensee who sold or otherwise transferred
				the nonconforming medical marijuana or medical marijuana products shall accept
				such return. If circumstances are such that the dispensary cannot return or
				refuse to accept the nonconforming medical marijuana or medical marijuana
				products, the dispensary shall dispose of the nonconforming medical marijuana
				and medical marijuana products in accordance with the Oklahoma Medical
				Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these
				Rules.
(c)
Documentation.
A dispensary shall document any such return,
				nonacceptance, or disposal, and such documentation shall include at a minimum:
(1) The license number, name, contact
				information, and address of the licensee who sold or otherwise transferred the
				nonconforming medical marijuana or medical marijuana products to the
				dispensary;
(2) A complete
				inventory of the medical marijuana and medical marijuana products to be
				returned or disposed, including the batch number;
(3) The reason for the nonacceptance, return,
				or disposal; and
(4) The date of
				the nonacceptance, return, or disposal.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 7 - Packaging, Labeling, and Advertising › Section 442:10-7-2 - Prohibited products

Current through Vol. 41, No. 20, July 1, 2024
(a) No commercial
				licensee shall manufacture, process, or offer for sale or consumption any
				medical marijuana product intended to be attractive to children or
				minors.
(b) No commercial licensee,
				other than a licensed dispensary, shall offer for retail sale any marijuana
				seedlings or mature plants. No mature plants are authorized in the possession
				of either a commercial licensee or patient license holder until 60 days after
				August 27, 2018. No seedlings are authorized in the possession of a commercial
				license holder until 7 days after August 27, 2018.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 7 - Packaging, Labeling, and Advertising › Section 442:10-7-3 - Advertising

Current through Vol. 41, No. 20, July 1, 2024
(a) Commercial licensees shall not engage in,
				circulate, or otherwise cause the dissemination of advertising that contains
				any materials prohibited under Oklahoma law and these rules.
(b) Advertising for medical marijuana and
				medical marijuana products shall not contain any statements, illustrations, or
				other material that:
(1) Is deceptive, false,
				or misleading;
(2) Represents that
				a licensee is engaged in medical marijuana commercial services for which the
				licensee is not licensed;
(3)
				Promotes overconsumption;
(4)
				Represents that the use of marijuana has curative or therapeutic
				effects;
(5) Depicts a child or
				other person under legal age consuming marijuana;
(6) Depicts objects such as toys, cartoons,
				cartoon characters, or similar images, which suggest the presence of a child,
				or any other depiction designed in any manner to be especially appealing to
				children or other persons under legal age to consume marijuana;
(7) Has any manner or design that would be
				especially appealing to children or other persons under eighteen (18) years of
				age; or
(8) Could cause a
				reasonable patient to believe the medical marijuana was grown in another state
				or to be confused as to the state of origin of the medical marijuana or medical
				marijuana product.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-1 - Testing standards and thresholds

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose
. To ensure the suitability and safety for human
				consumption of medical marijuana and medical marijuana products, growers and
				processors are required to test medical marijuana and medical marijuana
				products for microbials, mycotoxins, residual solvents, pesticides, THC and
				cannabinoid concentration, terpenoid type and concentration, heavy metals,
				foreign materials and filth, and water activity and moisture content in
				accordance with the following standards and thresholds. No laboratory may test
				medical marijuana without a valid, unexpired testing laboratory license issued
				by the Authority. A licensed laboratory shall only send samples for testing to
				another Oklahoma licensed laboratory.
(b)
Batches.
(1)
Batch size.
Growers shall
				separate all harvested medical marijuana into harvest batches that weigh less
				than or equal to fifteen ([LESS THAN OR EQUAL TO] 15) pounds with the exception
				of any plant material to be sold to a licensed processor for the purposes of
				turning the plant material into concentrate which may be separated into harvest
				batches that weigh less than or equal to fifty ([LESS THAN OR EQUAL TO] 50)
				pounds. Processors shall separate all medical marijuana product into production
				batches that contain a volume that is less than or equal to four ([LESS THAN OR
				EQUAL TO] 4) liters of liquid medical marijuana concentrate or that weigh less
				than or equal to nine ([LESS THAN OR EQUAL TO] 9) pounds for nonliquid medical
				marijuana products, and for final medical marijuana products shall contain less
				than or equal to one-thousand ([LESS THAN OR EQUAL TO] 1,000) grams of total
				delta-9-tetrahydrocannabinol ([DELTA]-9-THC).
(2)
Research and Development
				("R&D") testing.
Growers and processors may submit samples for
				research and development testing. R&D testing may be performed by a
				licensed laboratory in accordance with these Rules:
(A) Passing R&D test results. If a sample
				submitted to a laboratory passes a R&D test, it shall not constitute a pass
				for the purposes of compliance with required testing under OAC
				442:10-8-1(i);
(B) Failing R&D test results. If a sample
				submitted to a laboratory fails a R&D test, laboratories shall clearly note
				in the State's inventory tracking system and on any COA created for an R&D
				sample that the test results are for R&D purposes only; and
(C) Growers and processors shall ensure that
				any R&D testing done under this subsection is appropriately documented and
				identified in the State's inventory tracking system.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-1 - Testing standards and thresholds

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
To ensure the suitability and safety for human
				consumption of medical marijuana and medical marijuana products, growers and
				processors are required to test medical marijuana and medical marijuana
				products for microbials, mycotoxins, residual solvents, pesticides, THC and
				cannabinoid concentration, terpenoid type and concentration, heavy metals,
				foreign materials and filth, and water activity and moisture content in
				accordance with the following standards and thresholds. No laboratory may test
				medical marijuana without a valid, unexpired testing laboratory license issued
				by the Authority. A licensed laboratory shall only send samples for testing to
				another Oklahoma licensed laboratory.
(b)
Batches.
(1)
Batch size.
Growers shall
				separate all harvested medical marijuana into harvest batches not to exceed
				fifteen (15) pounds with the exception of any plant material to be sold to a
				licensed processor for the purposes of turning the plant material into
				concentrate which may be separated into harvest batches of no more than fifty
				(50) pounds. Processors shall separate all medical marijuana product into
				production batches not to exceed four (4) liters of liquid medical marijuana
				concentrate or nine (9) pounds for nonliquid medical marijuana products, and
				for final medical marijuana products no greater than one-thousand (1,000) grams
				of THC.
(2)
Research and
				Development ("R&D") testing.
Growers and processors may submit
				samples for research and development testing. R&D testing may be performed
				by a licensed laboratory in accordance with these Rules:
(A) Passing R&D test results. If a sample
				submitted to a laboratory passes a R&D test, it shall not constitute a pass
				for the purposes of compliance with required testing under OAC
				442:10-8-1(i);
(B) Failing R&D test results. If a sample
				submitted to a laboratory fails a R&D test, laboratories shall clearly note
				in the State's inventory tracking system and on any COA created for an R&D
				sample that the test results are for R&D purposes only; and
(C) Growers and processors shall ensure that
				any R&D testing done under this subsection is appropriately documented and
				identified in the State's inventory tracking
				system.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-3 - Sampling requirements and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				requirements.
Samples must be collected, handled, stored, and disposed
				of in accordance with this Section. Individuals collecting samples are called
				"Samplers."
(1) Samplers shall:
(A) Follow the approved standard operating
				procedures of the laboratory that will be testing the samples
				collected
(B) Be trained on how to
				collect samples in accordance with the standard operating procedures of the
				laboratory(ies) that will be conducting the testing on the samples
				collected;
(C) Have access to a
				copy of the laboratory's standard operating procedures while they are
				collecting the samples; and
(D)
				Follow inventory manifest requirements set forth in these Rules.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-3 - Sampling requirements and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
General requirements.
Samples must be collected, handled, stored,
				and disposed of in accordance with this Section. Individuals collecting samples
				are called "Samplers."
(1) Samplers shall:
(A) Follow the approved standard operating
				procedures of the laboratory that will be testing the samples
				collected
(B) Be trained on how to
				collect samples in accordance with the standard operating procedures of the
				laboratory(ies) that will be conducting the testing on the samples
				collected;
(C) Have access to a
				copy of the laboratory's standard operating procedures while they are
				collecting the samples; and
(D)
				Follow inventory manifest requirements set forth in these Rules.