Yes, background checks are required for all owners and officers. Please review the instructions on Commercial License Background Check Requirements prior to submitting an application. The applicant is responsible for all costs associated with the background checks.
"Dispensary" or "Commercial Dispensary" means an individual or entity that has been issued a medical marijuana business license by the Department, which allows the dispensary to purchase medical marijuana or medical marijuana products from a licensed processor, grower, or dispensary; to sell medical marijuana and medical marijuana products to a licensed patient, to the licensed patient’s parent(s) or legal guardian(s) if licensed patient is an minor, and a licensed caregiver; to prepare and package noninfused pre-rolled medical marijuana with a net weight that does not exceed one (1) gram to sell to medical marijuana patients and caregivers; and to sell, transfer, and transport or contract with a commercial transporter to transport medical marijuana or medical marijuana products to another licensed dispensary, a research facility, and an educational facility; and to transfer to testing laboratories.
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.
Proof of Oklahoma residency can be established by providing a digital, color copy of one or more of the following documents:
A medical marijuana transportation license will be provided with an approved grower, processor, dispensary, laboratory, research, or education license. A transportation license is in the form of a notation on the commercial license and allows an individual/entity to legally transport medical marijuana with a copy of the license.
What is the process for growers, processors, transporters, and dispensaries to obtain a license?
Applications and payment will be collected at omma.ok.gov . A valid email address is required for login. This email address will be used to send notices once an account is created.
The OMMA must be able to verify the documentation provided by the dispensary. Officials use satellite measuring tools to verify the specific distance from the closest point of the dispensary’s property line to the closest entrance of any school. Applicants are encouraged to review the Proof of Distance from a School.
document and use multiple tools (such as maps) and resources to ensure compliance with this requirement. Applicants with questions about schools near their location may want to contact the local school district. Please reference the document and use multiple tools (such as maps) and resources to ensure compliance with this requirement. Applicants with questions about schools near their location may want to contact the local school district. Please reference the Proof of Distance from a School document for more information.
Each owner will need to supply an Affidavit of Lawful Presence Form and supporting documentation if he or she is not a U.S. citizen.
For a detailed list of all required documents and information, review this Commercial License Checklist prior to submitting a Commercial License Application online.
A medical marijuana dispensary license allows a business to legally sell medical marijuana and medical marijuana products, including mature plants and seedlings. Licensed dispensaries can only sell to patient license holders, caregiver license holders, research license holders, and the parent or legal guardian named on a minor patient’s license. Dispensaries engaging in unlawful sales may be fined, or their licenses may be revoked. Dispensary staff may validate licenses using the OMMA Verify system. Staff may also validate the purchaser’s identity. Dispensary licenses will be in the form of a license certificate. Licensed dispensaries must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
Licensed transporters can legally transport medical marijuana from a licensed grower, licensed processor, licensed dispensary, licensed laboratory to a licensed grower, licensed processor, licensed dispensary, licensed laboratory, or licensed researcher. Licensed transporters must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
A political subdivision may request an alternative COC form or resolution be accepted by OMMA.
"Hazardous processor license" means a license issued to a medical marijuana processor that performs an extraction method that utilizes chemicals considered hazardous by the OSHA Hazard Communication Standard under 29 CFR § 1910.1200.
A medical marijuana processor license allows a business to legally process marijuana for medical purposes in Oklahoma. Licensed processors can sell to licensed dispensaries and other licensed processors. Licensed processors may also process marijuana into a concentrated form for a patient license holder for a fee. Processor licenses will be in the form of a license certificate. Licensed processors must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
Do I need to submit a separate license application for each location of my business?
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.
As stated in OAC 310:681-5-3(e)(4), dispensaries must provide proof that the location is at least 1,000 feet from a public or private school. This distance is measured by the straight-line (shortest) distance from the nearest point of the location of the dispensary to any entrance of a school. It is not measured by walking or driving distance. Any school that holds classes or activities for students, such as field houses, track/practice fields or agriculture classes, is included in this restriction. It is the responsibility of the applicant/licensee to ensure the dispensary is not within 1,000 feet of any applicable school entrance. If this distance is less than 1,000 feet, the dispensary application will be denied and the application fee will not be refunded.
Licenses are valid for one year from the date issued, unless the license is revoked by OMMA. A license may be renewed before it expires.
NOTE: If a business must meet the new 2 or 5-year residency requirements, a combination of documents that prove residency for the duration of the 2 or 5 years must be provided.
Proof of identity can be established by providing a digital, color copy of one of the following unexpired, valid documents:
Application information and requirements for licenses are available at omma.ok.gov . In addition to other licensing requirements, applicants must be at least 25 years old, reside in Oklahoma, and the entities must be registered to conduct business in the state. At least 75 percent of the ownership of entities must be by Oklahoma residents. The license application fee for growers, processors, and dispensaries is $2,500.
The application fee for a grower, processor, dispensary, or transporter application is $2,500. Application fees will be paid by Visa, MasterCard, or Discover credit or debit card. An additional credit card processing fee will be added to the transaction. These application and processing fees are non-refundable. The payment will not be refunded for applications not approved.
What information and documentation do I need to provide in the business application?
To help with the application process review the Commercial License Checklist prior to submitting a Commercial License Application online.
Process to submit alternative Certificate of Compliance From:
"Processor" or "Commercial Processor" means an individual or entity that has been issued a medical marijuana business license by the Department, which allows the processor to: purchase medical marijuana or medical marijuana products from a grower or processor; process, package, sell, transfer, and transport or contract with a commercial transporter to transport medical marijuana and medical marijuana products that they processed to a licensed dispensary, processor, or testing laboratory in accordance with Oklahoma law and this Chapter; and process medical marijuana received from a licensed patient into a medical marijuana concentrate, for a fee. Processors will receive either a hazardous processor license or a non-hazardous processor license based on the type of chemicals the processor will be utilizing in the extraction process in accordance with these Rules.
"Nonhazardous processor license" means a license issued by the Department to a processor that will not perform any processing or extraction methods that utilize a chemical considered hazardous by the OSHA Hazard Communication Standard under 29 CFR § 1910.1200.
Welcome to the Oklahoma Medical Marijuana Authority (OMMA) website. The OMMA was established to oversee the medical marijuana program for the State of Oklahoma. It is responsible for licensing, regulating, and administering the program as authorized by state law. Operating under the Oklahoma State Department of Health, the primary goal is to ensure safe and responsible practices for the people of Oklahoma.
This website is the official site for application submission and information for patients, caregivers, dispensaries, growers, processors, and physicians. All applications are processed through this site. Please check back often for updated information.
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.
All commercial licensees must be Oklahoma residents with no more than 25% of their equity held by non-Oklahoma residents. Within 30 days prior to applying for a commercial license (or a medical researcher license), all individual applicants, individuals applying on behalf of an entity, principal officers of an entity, and owners (defined generally as owning 5% or more) must undergo an Oklahoma state criminal history background check. Applicants must submit fingerprints. Applications must include a list of all persons that have an ownership interest (including proof of residency to support the 75% residency requirement), all creditors holding a secured or unsecured interest in the entity or the premises, a list of persons with management authority, and an Affidavit of Lawful Presence for each owner. A physician who recommends use of medical marijuana may not hold an economic interest in an enterprise that grows, processes, or dispenses medical marijuana.
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.
By Elizabeth L. Dalton.
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.
Dispensaries may not be co-located with any other business entity and may only sell medical marijuana and medical marijuana products, which includes products containing cannabinoids including oils, tinctures, edibles, and patches, but would not include vaporizers, pipes, rolling papers, or other marijuana paraphernalia that does not include cannabinoids. Neither the statute nor the proposed regulations limits the number of dispensaries a licensee may own (although each location must have a separate license). Applicants for dispensary licenses must submit proof that the dispensary will be at least 1000 feet from schools. Dispensaries may only be open to the public on Monday through Saturday, from 10:00 a.m. to 9:00 p.m. In addition to employees, only patient and caregiver license holders may enter dispensaries. All medical marijuana sold in dispensaries must be labeled in accordance with specified requirements.
If requested by the applicant, a marijuana transportation license will be issued to qualifying applicants for a commercial license at the time of approval. A transportation license enables the holder to transport marijuana from to and from Oklahoma commercial licensees. Vehicles used in transportation must meet specified requirements, and individuals transporting medical marijuana must be employees of the licensee. The product must be clearly labeled and shielded from public view. Specified manifests must be maintained.
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.
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.
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.
Obtaining commercial licenses for medical marijuana in Oklahoma.
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.
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%.
Applications will be available on the OSDH website on July 26, and OSDH will begin accepting them on August 25. The filing fee for each commercial license is $2,500. The OSDH must process complete applications within two weeks.