Breakdown of New Oklahoma Drug Laws
Oklahoma is among the states in the U.S. where medical cannabis is legal, while recreational marijuana remains illegal. Eligible citizens in the state may be issued medicinal marijuana licenses, which allow them to possess small quantities of cannabis for medical purposes. In addition, there are new laws that affect the business side of the medical cannabis industry in Oklahoma that are in effect as of November 1st, 2022. It’s vital to understand these new laws.
At Military Law Group, I’m committed to offering experienced legal guidance and advocacy to clients involved in marijuana-related businesses. My team of trusted Oklahoma business law attorneys are available to discuss your unique circumstances and enlighten you about the various changes to Oklahoma's marijuana laws to ensure compliance. I’m proud to serve clients in Tulsa, Oklahoma, and surrounding areas throughout the Tulsa metro area, including Rogers County, Creek County, and the Creek and Cherokee Nations.
Understanding Oklahoma's New Laws
During the 2022 legislative session, several cannabis-related bills were signed into law to bring about improvements in the medical cannabis industry in Oklahoma. Here are some key provisions of Oklahoma's new marijuana laws:
Marijuana Business Requirements
From June 2024, laboratories renewing or obtaining a medicinal marijuana license must comply with Oklahoma Medical Marijuana Authority (OMMA)'s operating procedures and testing standards.
OMMA will develop standards for process validation, and businesses are required to pay an annual fee of $5,000.
Medical marijuana business employees must apply for a credential that allows them to operate a marijuana-related business.
All commercial growers must post signage on their cultivation area with the following information: business name, physical address, license number, and phone number. The signage must be installed within 60 days of license renewal to avoid license revocation.
Changing Packaging Requirements
All marijuana purchased from a dispensary must be put in an exit package or opaque bag.
The marijuana container must be clear and printed with "For use by licensed medical marijuana patients only" and "Keep out of reach of children."
Punishments for Unauthorized Transfers
Purchasing or selling medical marijuana to unauthorized persons by a marijuana business, their agents, or employees will attract a fine of $5,000 for the first offense and $15,000 for subsequent offenses.
Sharing or selling marijuana to unauthorized persons by a marijuana patient will attract a fine of $400 for the first offense and $1,000 for subsequent offenses. Also, the defendant's license will be revoked permanently.
Sharing or selling marijuana to unauthorized minors by a marijuana patient will attract a fine of $2,500 for the first offense and $5,000 and a citation for subsequent offenses.
Restructuring the Licensure Process
All growers must pay a base fee of $2,500.
Growers with greenhouses and indoor facilities must pay an extra $2,500.
Processors must pay an annual fee of $3,500 and an application fee of $2,000 for up to 2,000 pounds of dried marijuana.
Dispensaries must pay an annual fee of 10% of their annual sales tax and excise tax for 12 months.
The annual fee for a testing laboratory license is $20,000.
Commercial grow facilities must be established at least 1,000 feet away from private or public schools.
Oklahoma Medical Marijuana Authority
The Oklahoma Medical Marijuana Authority (OMMA) is the regulatory body for cannabis and marijuana-related businesses in the state of Oklahoma. The organization is responsible for ensuring safe operations and practices across the medical cannabis industry for all residents and businesses in Oklahoma. Also, the organization works closely with players in the industry— including growers, processors, and dispensaries—to ensure safety and compliance at all levels.
Bolstering OMMA and Enforcement
Here are some new laws related to bolstering OMMA and enforcement:
OMMA must issue a temporary prohibition of business licensing for a maximum of two years until all pending license inspections, reviews, and investigations are completed.
OMMA should implement a secret shopper program for purchasing marijuana from dispensaries and sending it to the lab for testing.
AOMMA will function as its own distinct entity henceforth and not a division of the Oklahoma State Department of Health.
OMMA will be responsible for implementing punishments for unauthorized cannabis transfers, as described above.
Turn to Military Law Group for Assistance
Operating a marijuana dispensary or business in Oklahoma involves a lot of complex processes. Understanding the statutes and regulations, having the necessary documentation, and meeting the licensing requirements is essential to ensure a safe operation in the state. Consulting with an experienced business attorney is imperative for proper guidance.
At Military Law Group, I’m ready to guide you through the complexities involved in running a marijuana business. Whether you're trying to start your marijuana dispensary, apply for licensing, or resolve issues with the OMMA, I will help you navigate the legal procedures involved and make sure everything is in order.
Contact me at Military Law Group today to schedule a simple consultation with a business lawyer. I can offer you the advocacy and counsel you need to navigate your marijuana business. My firm is honored to serve clients across Tulsa, Rogers County, Creek County, and the Creek and Cherokee Nations, Oklahoma.