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oklahoma cannabis grow laws

Oklahoma Marijuana Growers License

Isaiah N. Brydie, Esq.

Get the Legal Knowledge Required to Protect Your Investment

Growing cannabis in Oklahoma for sale as medical marijuana requires a license under the rules of the Oklahoma Medical Marijuana Authority (OMMA). A skilled marijuana business attorney can provide the knowledge required to keep your valuable grow in compliance with OMMA rules.

Grower License Basics

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.

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.

Grower License Applicant Qualifications

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.

The residency rules for a grower license requires that at least 75 percent of the ownership of a commercial grower operation be owned by Oklahoma residents. Additionally, no owner may be under 25 years of age.

More OMMA Rules for Licenses

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.

Growers must also register with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (OBNDD) before handling any medical marijuana products.

Grower license applicants may also apply for a transporter license to move marijuana to points of sale or have another party move it on the grower’s behalf. Transport of medical marijuana requires both a transporter license and a valid transporter agent license for drivers.

Grower Operation and Reporting Requirements for Licenses

Growers are required to strictly manage, track and transport all medical marijuana and medical marijuana products with software and security measures sufficient to comply with the rules and regulations.

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 must do monthly reporting to comply with licensing rules. Also, record keeping requirements include a duty to maintain certain records for three years or more.

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 standards must be destroyed.

Grower Licensee Safety Requirements

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.

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.

Growers Can Get A Free Consult

Grow applicants and licensees need help with the legal aspects of application and compliance with Oklahoma medical marijuana grower license rules under the OMMA. Call for a free initial consult with an OK Cannabis Law Office medical marijuana attorney today. Call (918) 932-2879.

Commercial grow licenses through the OMMA in Oklahoma; medical marijuana lawyer representing license applicants and licensees facing annual renewal mattters

LEARN | LAWS & REGULATIONS

Oklahoma

Is weed legal in Oklahoma?

Medical marijuana was legalized in Oklahoma in 2018. Adult-use (recreational) marijuana remains illegal.

Legislation history

Medical marijuana was legalized in Oklahoma in 2018 when voters approved Oklahoma State Question 788 , or the Medical Marijuana Legalization Initiative, on June 26. This initiative made Oklahoma the 30th state to legalize cannabis for medicinal or recreational use.

No fewer than three petition drives were underway to put an adult-use measure on the ballot in Oklahoma in 2020. But coronavirus social-distancing measures curtailed all efforts to gather signatures and the petitions were withdrawn.

The Oklahoma State Department of Health oversees the Oklahoma Medical Marijuana Authority (OMMA) , which was established to administer the rules and regulations governing the state’s medical cannabis program. OMMA is responsible for maintaining a registry of patients, caregivers, and physicians as well as issuing licenses for growers, processors, testing labs, transporters, and dispensaries.

Where is it safe to purchase?

Authorized patients and their designated caregivers may purchase medical cannabis from a state-licensed dispensary. If a patient’s physician certifies that the patient is unable to make the transaction on their own, the patient may designate one caregiver to purchase and transport medical cannabis on their behalf. Children younger than 18 can designate two caregivers who are parents or legal guardians.

There are currently no purchase limits, but patients and their designated caregivers are subject to possession limits for flower, plants, concentrates, and edibles.

Delivery services are not currently authorized by the OSDH under Oklahoma marijuana laws.

All Oklahoma medical marijuana purchases will be assessed 7% sales tax at the point of sale.

Where is it safe to consume?

Common sense dictates that cannabis consumption should take place in a private space. But current OMMA rules make no mention of permissible consumption locations except to say that smoking or vaping medical marijuana is subject to the same laws as smoking tobacco .

Operating any vehicle, including a bicycle, under the influence of cannabis is illegal. Consumption in a vehicle is prohibited at all times by either drivers or passengers.

Possession and cultivation

Only patients and their designated caregivers who are registered with OMMA can legally possess medical cannabis. Patients and caregivers are permitted to possess up to:

  • 3 ounces (85 grams) of usable cannabis on them and 8 ounces (227 grams) at home
  • 1 ounce (28 grams) of cannabis concentrates
  • 72 ounces (2 kilograms) of edible products

Patients who elect to cultivate their own cannabis are limited to six mature plants and six seedlings. Patients may also designate a caregiver to grow cannabis plants on their behalf. Plants must not be visible from the street.

Possession of cannabis for non-medical use is considered a misdemeanor. Individuals caught in possession of cannabis who don’t have a valid registry license but who can show proof of an approved medical condition could face a fine.

Medical Marijuana Program

OMMA created the medical cannabis registry to verify qualified patients and their authorized caregivers and issue them licenses. The agency also maintains a list of registered physicians, though any licensed doctor can recommend cannabis treatment for a patient.

Patients

Residents of Oklahoma who have received a written certificate from an Oklahoma board-certified physician, with whom the patient has a bona fide physician-patient relationship, may apply for a medical cannabis patient’s license online .

There is no list of qualifying conditions, nor any specified criteria for patients to receive a physician’s recommendation. The physician must simply follow the same standards they would in recommending any other medication.

OMMA responds within 14 business days from the date an application is submitted. If a patient’s application meets all requirements, an approval letter and license will be mailed to the patient’s residence. Applications must be filled out and payments made online. Applications must be submitted within 30 days of obtaining a signed physician’s written certificate. A digital copy of this form must be submitted with the application through the online system.

The application fee is $100. Patients who receive Medicaid or Medicare benefits and disabled veterans pay a reduced fee of $20.

Adult patient licenses are valid for two years from the date they are issued. A minor’s license is valid for two years from the date it is issued, or until the patient turns 18, whichever happens first.

Caregivers

Patients in the registry who require assistance obtaining or using medical cannabis may designate an authorized caregiver only if the physician’s recommendation form attached to the patient’s application includes certification of the patient’s need for a caregiver.

Caregivers must submit the appropriate caregiver designation form depending on whether they will be assisting an adult or minor patient. Minor patients may designate up to two authorized caregivers who are parents or legal guardians.

There is no application fee for caregiver licenses. Caregiver licenses are valid up to the expiration date of the associated patient’s license. Adult patients may only choose one caregiver but caregivers can assist up to five patients.

Application process

Patients
  1. Digital copy of proof of Oklahoma residency
  2. Digital copy of proof of identity
  3. A clear, color, full-face digital photograph
  4. Adult Patient Physician Recommendation Form, dated within 30 days of application submission
  5. If applicable, proof of Medicaid or Medicare enrollment or disabled veteran status
  6. Application fee of $100, or $20 for Medicaid and Medicare enrollees or disabled veterans
Caregivers
  1. Digital copy of proof of Oklahoma residency
  2. Digital copy of proof of identity
  3. A clear, color, full-face digital photograph
  4. Appropriate Patient Caregiver Designation Form signed by the patient or minor’s parent or guardian

Reciprocity

Oklahoma does offer out-of-state visitors temporary reciprocity. A medical marijuana temporary adult patient license grants the same rights as an adult license — to buy, possess, and use marijuana and to grow plants.

For minor applicants, the online application requires a parent or legal guardian’s information along with the minor’s information and the parent or guardian’s name appears on the license card. There are no caregiver licenses offered for temporary patients.

The application fee for temporary licenses is $100. Applications and payment are collected through OMMA’s website . Temporary applicants are required to provide digital copies of their out-of-state medical marijuana license, as well as proof of identity, and a clear, color digital photo. Temporary licenses are valid for 30 days but cannot exceed the expiration date of the out-of-state license. A temporary license can be renewed every 30 days for $100.

Lab testing

Cannabis growers and processors are required to use OMMA-licensed laboratories to test for the following:

  • Contaminants and filth
  • Heavy metals (testing for lead, arsenic, cadmium, and mercury is mandatory)
  • Microbes
  • Mycotoxins
  • Pesticides;
  • Residual solvents and chemical residue
  • Terpenes
  • THC potency
  • Water activity and moisture content

This page was last updated September 25, 2020.

View the medical marijuana laws & regulations for Oklahoma.