- Applicants must supply a Certificate of Compliance for their business location
- No individual with ownership interest in the business can be a sheriff, deputy sheriff, police officer or prosecuting officer, or an officer or employee of OMMA or a municipality in which the commercial entity is located
- Applicants must supply ownership disclosure documentation
- Applicants must provide proof of good standing from the Secretary of State (SOS) and/or their permit from the Oklahoma Tax Commission (OTC), if applicable, depending on the business type and business structure:
A medical marijuana grower license allows a business to legally grow marijuana for medical purposes in Oklahoma. Licensed growers can sell to licensed processors and licensed dispensaries only. Grower licenses will be in the form of a license certificate. Licensed growers must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
Frequently Asked Questions
Example County Certificate of Compliance Letter
What is a medical marijuana dispensary license?
Yes, separate licenses are required for each location. A separate application and non-refundable application fee for each location is required. You also will need to submit a separate application and non-refundable application fee for each license type (processor, grower, dispensary). However, you may use the same background check of owners for multiple license applications as long as the background checks have been completed within 30 days from the date the license was submitted.
Oklahoma regulations provide specific security measures required for licensee requirements that include for example, fence height requirements (eight feet total with spikes or barbed wire features around outdoor areas or greenhouses), facility door security requirements, location restrictions and restrictions on public visibility of grow operations.
Growers of medical marijuana in Oklahoma, termed under the rules for “commercial growers,” are classified as a “Medical Marijuana Business” requiring a “commercial license.” Commercial growers may only sell or transfer medical marijuana to licensed Oklahoma processors and dispensaries.
Growers must also register with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (OBNDD) before handling any medical marijuana products.
Grower Operation and Reporting Requirements for Licenses
Grower licenses are valid for twelve months and must be renewed annually under OMMA rules. An Oklahoma medical marijuana growers license attorney can help you gain the assurance that your long-term investment in a growing operation will not be shut down by a shortfall in your annual growers license renewal.
Licensees are subject to inspections and audits by Oklahoma medical marijuana authorities. Licensing authorities may also require individuals to be questioned in relation to licensing matters with as little as 24 hours notice. This notice is specifically for the purpose of allowing the interviewee to attend the interview with representation from an Oklahoam marijuana growers attorney.
Medical marijuana growers, including any business engaged in or investing in a growing operation must undergo criminal background checks in order to apply for a commercial grower license. Background check requirements include officers, investors, directors and stockholders of the related business. Investors are not permitted to remain undisclosed. All growers and business officers must be disclosed for criminal background checks and for residency confirmation.
Get the Legal Knowledge Required to Protect Your Investment
If the grow operation is located withing a municipality, an ordinary business license for the municipality is required. The latest Oklahoma medical marijuana laws require a Certificate of Compliance that shows all relevant municipal inspection requirements to be submitted to the OMMA for each location that medical marijuana is grown or stored.
All batches of harvested medical marijuana in Oklahoma must be inspected and tested to identify contaminants and determine chemical content with strict limits on a number of different metrics before being sold or transported. Medical marijuana that does not meet safety requirements through testing must be destroyed and properly disposed by growers.
Commercial licensees are responsible for implementing appropriate security measures to deter and prevent theft and diversion, including alarm and video surveillance systems. Licenses are non-transferable, and each license is specific to its location. All prospective licensees are subject to inspection by the OSDH before a license will issue, and licensees must permit OSDH representatives to further inspect their premises and records.
With the recent passage of State Question 788 (authorizing the production, sale, and use of medical marijuana), the Oklahoma State Department of Health (OSDH) is poised to adopt implementing regulations. The current draft regulations set forth the manner in which the OSDH proposes to regulate the growth, processing, transporting, researching, testing, selling, and purchase of medical marijuana, as well as requirements for recommendations by physicians. The OSDH is expected to adopt regulations on July 10, 2018.
If the proposed location is not owned by the individual applicant or entity, the application must include a copy of the lease and a written statement from the landlord certifying consent to the operation of a medical marijuana commercial facility on the property. Applicants that are entities must attest that the entity will not be located on tribal lands. All applicants must submit proof of a bond in the amount of $50,000 made payable to the OSDH and designate a successor-in-interest or designee.
The following are some of the highlights of the law and proposed regulations affecting those seeking commercial licenses for dispensaries, commercial growers, and processors. As a reminder, marijuana remains illegal under federal law, and there remain legal risks for those engaged in the business even though they may be operating in compliance with Oklahoma law. Further, because of the federal regulatory landscape, medical marijuana may not be transported across state lines. Consequently, as a practical matter sales in dispensaries will not begin until commercial growers are able to obtain licenses and grow, harvest, test, and sell their products.
Many of the requirements for growers and processors are the same. All growing and processing of marijuana must take place indoors in a building that has a complete roof enclosure (which may be retractable), on a foundation or slab, that meets standards that ensure that the growing and processing activities contained within are undetectable. All external locks must be equipped with biometric access controls. Growers and processors must maintain detailed plans and elevation drawing of all operational areas, although they are not required to submit the plans to the OSDH for review prior to construction. In addition to standards for construction of floors, walls, and ceilings, lighting, and plumbing, all facilities must be constructed to meet applicable building codes. Growers and processors must submit their products for testing to accredited laboratories licensed by the OSDH specifically for the testing of medical marijuana and marijuana-derived products. Growers may only sell at retail to processors or dispensaries. Processors may process personally grown product for a patient licensee for a fee.
UPDATE: Since the original publication of this article in July 2018, new and updated regulations have been issued as part of the Oklahoma Medical Marijuana and Patient Protection Act. See our update in the MarijuanaLINC Alert published March 15, 2019. Follow all the latest updates here and at marijuanalinc.com.
Obtaining commercial licenses for medical marijuana in Oklahoma
Employees of commercial licensees must be at least 21 and pass a criminal background check. Minors under 18 may not enter commercial establishments unless the minor is a patient license holder accompanied by his or her appointed parent or guardian. No commercial establishment may allow the consumption of alcohol, medical marijuana, or medical marijuana products on the premises. No commercial establishment may manufacture or sell any medical marijuana product intended to be attractive to children, including gummy bears, lollipops, animal or similarly shaped candies or products, fake cigarettes, or gummy worms.
A single transaction by a dispensary with a patient or caregiver is limited to three ounces of usable marijuana, one ounce of marijuana concentrate, and 72 ounces of medical marijuana products. Dispensaries may not deliver products to patient license holders or their caregivers. Dispensaries are required to collect a tax on retail medical marijuana sales at 7%.