Regulators have made a lot of changes to Oklahoma cannabis laws in recent months that affect businesses, patients, caregivers, and physicians. Some of the changes went into effect in August 2019 and others went live a month later in September under a set of temporary, emergency rules. Additional changes will be implemented through November with permanent rules expected to be released in 2020.
As you can imagine, things have gotten confusing with what seems like a constant state of change being the norm in Oklahoma lately. To make sense of everything that is happening, Leafy Green Agency has broken down the key changes for medical cannabis businesses, patients, caregivers, and physicians in a simple way that we hope makes the new rules easier for you to understand.
Changes for Cannabis Businesses in Oklahoma
The new cannabis laws in Oklahoma have a significant effect on businesses and business licenses. New transporter licenses have been added, application processing timelines have changed, and more.
Let’s take a closer look.
License Application Approvals
Regulators now have 90 days to approve business license applications, which is a significant increase from the 14 days previously required.
New Transporter License and Individual Transporter Agent Card
Previously, growers, processors, and dispensaries were issued a transporter license with their business licenses. This will still be the case but a new transporter license has been added for businesses that only want to transport cannabis.
In order to transport medical marijuana, both a business transporter license and an individual transporter agent card are required. The individual transporter agent card allows the employee, agent, or owner who applies for and is awarded the card to transport medical cannabis on behalf of a licensed transporter business.
License Residency Requirements
Under the new Oklahoma rules, proof of residency for the last two years prior to the date of a license application or renewal is now required. Alternately, five continuous years of residency during the last 25 years before the license application or renewal is submitted satisfies the residency requirement.
Furthermore, businesses must be able to prove that at least 75% of the owners are Oklahoma residents based on the above proof of residency rules.
Certificate of Compliance
All business license applicants are now required to provide a certificate of compliance from the local government where they’ll operate. This document must certify that the business is compliant with all zoning, municipal ordinances, safety, fire, electrical, plumbing, waste, construction, and building specification codes and laws.
Business Location
The new Oklahoma rules add preschools to the types of schools that cannabis dispensaries must not operate within 1,000 feet. Homeschool locations, daycare centers, and childcare facilities still aren’t included under the regulation’s definition of the term school.
Seed-to-Sale Tracking System
Oklahoma medical marijuana businesses are now required to use an inventory tracking system to track the entire lifecycle of medical marijuana. The state does not require that businesses use a specific seed-to-sale tracking system, but the system they choose to use must integrate with the seed-to-sale tracking system established by the Oklahoma Medical Marijuana Authority (OMMA). The state system is expected to be selected in 2020.
Learn more about seed-to-sale tracking in Leafy Green Agency’s free resource: Cannabis Industry Seed-to-Sale Tracking Systems
Lab Testing
A new testing laboratory license has been created which is expected to be available in 2020. The new laws require that growers and processors use a licensed testing laboratory to test cannabis harvests and product batches prior to sale, transfer, or processing.
Also, a licensed lab owner may not have a beneficial ownership interest (direct or indirect) in a licensed dispensary, grower, or processor.
Packaging and Labeling
Packaging must be child-resistant and include a universal symbol for THC, the THC content, and a statement that the product has been tested for contaminants. In addition, labels and packages cannot include cartoon characters or make claims of health or physical benefits.
Sales
Licensed growers are now allowed to sell seeds, flowers, and clones to other licensed growers, and licensed dispensaries can now sell to other licensed dispensaries.
Inspections
The OMMA’s inspection authority increased under the new rules, which say that with prior notice, the OMMA can inspect all licensed businesses two times per year or anytime necessary based on violations.
Waste
A new license category will be available in Oklahoma on November 1, 2019 for waste facilities.
Changes for Cannabis Patients, Caregivers and Physicians in Oklahoma
While the number of changes to Oklahoma’s cannabis laws are fewer for patients, caregivers, and physicians, they’re no less significant than the state’s changes to laws for businesses.
Patients in Oklahoma may now get medical marijuana recommendations from podiatrists who are licensed by and in good standing with the Board of Podiatric Medical Examiners. In addition, 100% disabled veterans can pay a reduced medical marijuana card application fee of $20 rather than the full $100 fee.
Oklahoma regulators have also added reciprocity rules with the introduction of short-term licenses for patients. These temporary licenses are valid for 60 days for out-of-state visitors who submit a 60-Day Physician Recommendation Form that is approved by OMMA.
For both patients and caregivers, OMMA had 14 calendar days to review and respond to patient and caregiver card applications submitted prior to May 7, 2019, but that time frame has changed to 14 business days.
What’s Next for Oklahoma?
Change is common in the cannabis industry and laws are updated and revised frequently. Medical marijuana sales in Oklahoma are expected to reach $140-180 million in 2019, which is just the first full year of the program’s operation.
With more growth expected in 2020 and beyond, it’s safe to assume the state’s regulators will make more rule changes as the industry evolves.
You can keep track of what’s happening in Oklahoma by registering for one or more cannabis industry training sessions in Oklahoma from Leafy Green Agency. We offer seminars to entrepreneurs, professionals, job seekers, investors, and more throughout Oklahoma and the U.S.
Check our current seminar schedule for upcoming classes and subscribe to our newsletter so you don’t miss new class date and location announcements.