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Oklahoma Cannabis Laws​

Navigating Oklahoma's medical cannabis laws is essential for dispensary operators, patients, and caregivers to ensure compliance and safe practices. Oklahoma has legalized medical marijuana for patients with a physician’s recommendation, while recreational use remains illegal.

Every Dispensary Must Know

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OK (Oklahoma) Laws At a Glance

Overview

Oklahoma’s medical cannabis laws have evolved since the approval of Oklahoma State Question 788 in 2018, legalizing medical-use cannabis. Below is an overview of the key points regarding Oklahoma’s cannabis regulations.

Key Points

  1. Legal Status
    • Medical Marijuana: Legal for residents with a physician’s recommendation.
    • Recreational Marijuana: Not legal.
  2. Regulatory Body
    • The Oklahoma Medical Marijuana Authority (OMMA) oversees the state’s medical marijuana program.
  3. Eligibility for Business Licenses
    • Applicants must be at least 25 years old, an Oklahoma resident, and possess a certificate of good standing from the state.
    • The application fee for a cannabis business license is $2,500.
  4. Purchase and Possession Limits for Patients
    • Patients can have up to 3 ounces of marijuana on their person and up to 8 ounces in their residence.
  5. Taxation
    • Medical marijuana sales are subject to a 7% excise tax, in addition to state and local taxes.
  6. Track and Trace System
    • Oklahoma uses Metrc as its track and trace system. Licensees must be fully compliant with Metrc by May 26, 2022.

By understanding these key points, dispensaries, patients, and caregivers can navigate Oklahoma’s medical cannabis laws more effectively and responsibly.

Purchase Limits

Overview

Oklahoma’s medical cannabis laws define specific purchase limits to ensure safe and regulated access for patients. These limits apply to both the quantity of cannabis products that can be bought in a single transaction and the total amount a patient can possess at any time.

Purchase Limits

  1. Single Transaction Limits
    • A single transaction by a dispensary with a patient, caregiver, or the parent(s) or legal guardian(s) of a patient under 18 years of age is limited to:
      • 3 ounces of marijuana flower
      • 1 ounce of marijuana concentrate
      • 72 ounces of edible medical marijuana products
      • 6 mature plants
      • 6 seedling plants
  2. Possession Limits
    • At any given time, legal patients in Oklahoma may possess no more than:
      • 3 ounces of marijuana on their person
      • 1 ounce of marijuana concentrate
      • 72 ounces of edible medical marijuana products
      • 8 ounces of marijuana in their residence
      • 6 mature plants
      • 6 seedling plants

Important Notes

  1. Per Transaction Basis
    • The purchase limits specified are per transaction, not daily or monthly. This means patients can make multiple transactions in a day, but each transaction cannot exceed the specified limits.
  2. No Delivery
    • Oklahoma state law currently does not permit the delivery of medical marijuana products. All purchases must be made in person at a licensed dispensary.
  3. License Verification
    • Dispensaries can only sell cannabis to patients with a valid medical marijuana or caregiver’s license. Licenses must be verified through the OMMA database before completing a transaction.

Definitions to Know

  1. Mature Plant
    • A harvestable, flowering female marijuana plant.
  2. Seedling
    • A marijuana plant without flowers.

By adhering to these purchase limits, dispensaries and patients can ensure they remain compliant with Oklahoma’s medical cannabis laws, facilitating safe and regulated access to medical cannabis.

By following these packaging and labeling requirements, dispensaries in Oklahoma can ensure the safe and transparent sale of medical cannabis products, maintaining compliance with state regulations and protecting patients.

Packaging and Labeling

Overview

Oklahoma’s regulations on packaging and labeling for medical cannabis products are designed to ensure safety, transparency, and compliance. Dispensaries must adhere to these requirements to provide clear information to patients and protect children from accidental ingestion.

Packaging Requirements

  1. Prohibited Elements
    • Packaging cannot contain the Oklahoma State Department of Health (OSDH) or Oklahoma Medical Marijuana Authority (OMMA) logo.
    • Packaging must not be attractive to minors.
  2. Child-Resistant
    • All packaging must be child-resistant to prevent accidental ingestion by children.
  3. Warning Labels
    • Packaging must include warnings to keep products out of reach of minors.

Labeling Requirements

  1. General Labeling
    • Labels for non-edible products must include the following information to align with edible products:
      • Product name
      • License number
      • Batch number
      • Quantity
      • Ingredients
  2. Edible Products
    • Labels for edible products must include:
      • The same information as non-edibles
      • Additional details if required by the product type
  3. Uniformity
    • Labels should be uniform to facilitate easy identification and provide essential information, especially in the event of a product recall.

Important Considerations

  1. Safety
    • Ensure all packaging is robust and child-resistant to prevent accidental ingestion.
  2. Transparency
    • Provide clear and accurate labeling to inform patients of product contents and ensure traceability.
  3. Compliance
    • Regularly review packaging and labeling standards to ensure ongoing compliance with state regulations.

By following these packaging and labeling requirements, dispensaries in Oklahoma can ensure the safe and transparent sale of medical cannabis products, maintaining compliance with state regulations and protecting patients.

Taxes

Overview

Understanding the tax obligations for medical cannabis sales is crucial for dispensaries operating in Oklahoma. This section outlines the specific tax requirements, including the excise tax rate, reporting obligations, and compliance with the Oklahoma Tax Commission.

Tax Obligations

  1. Excise Tax
    • Medical marijuana sales are subject to a 7% excise tax. This tax is collected by the dispensary from the customer, who must be a licensed medical marijuana patient or caregiver.
  2. Sales Tax Permit
    • Dispensaries must obtain and maintain an Oklahoma sales tax permit from the Oklahoma Tax Commission to legally conduct sales.
  3. Monthly Reporting and Payments
    • Dispensaries are required to report and remit payments on gross sales, tax collected, and tax due to the Oklahoma Tax Commission on a monthly basis. Reports and payments are due no later than the 20th day of the following month.

Reporting Requirements

  1. Report Contents
    • Each monthly report must include:
      • Dispensary name
      • Address
      • Telephone number
      • License number
      • Reporting month and year
      • Total gross receipts for the preceding month from sales of any medical marijuana product
      • Amount of tax due
      • Any other information required by the Tax Commission
  2. Compliance with Metrc
    • Once Metrc is fully implemented, dispensaries must ensure all inventory and sales data are accurately reported through the system to remain compliant with state regulations.

Key Considerations

  1. Timely Payment
    • Ensure all tax payments are made on time to avoid penalties and interest charges.
    • Use electronic payment methods to streamline the process and ensure timely submission.
  2. Accurate Reporting
    • Maintain accurate and detailed financial records to support tax filings and ensure compliance with state requirements.
    • Regularly review and reconcile financial records to identify and correct any discrepancies.
  3. Consultation with Tax Professionals
    • Work with tax professionals or accountants familiar with cannabis industry regulations to ensure compliance and optimize tax strategies.
  4. Regulatory Compliance
    • Stay informed about any changes in tax regulations or reporting requirements to maintain compliance and avoid potential legal issues.

By adhering to these taxation rules and guidelines, medical marijuana dispensaries in Oklahoma can ensure they meet their financial obligations, support the state’s medical cannabis program, and operate within the legal framework.

Packaging and Labeling

Overview

Oklahoma’s regulations on packaging and labeling for medical cannabis products are designed to ensure safety, transparency, and compliance. Dispensaries must adhere to these requirements to provide clear information to patients and protect children from accidental ingestion.

Packaging Requirements

  1. Prohibited Elements
    • Packaging cannot contain the Oklahoma State Department of Health (OSDH) or Oklahoma Medical Marijuana Authority (OMMA) logo.
    • Packaging must not be attractive to minors.
  2. Child-Resistant
    • All packaging must be child-resistant to prevent accidental ingestion by children.
  3. Warning Labels
    • Packaging must include warnings to keep products out of reach of minors.

Labeling Requirements

  1. General Labeling
    • Labels for non-edible products must include the following information to align with edible products:
      • Product name
      • License number
      • Batch number
      • Quantity
      • Ingredients
  2. Edible Products
    • Labels for edible products must include:
      • The same information as non-edibles
      • Additional details if required by the product type
  3. Uniformity
    • Labels should be uniform to facilitate easy identification and provide essential information, especially in the event of a product recall.

Important Considerations

  1. Safety
    • Ensure all packaging is robust and child-resistant to prevent accidental ingestion.
  2. Transparency
    • Provide clear and accurate labeling to inform patients of product contents and ensure traceability.
  3. Compliance
    • Regularly review packaging and labeling standards to ensure ongoing compliance with state regulations.

By following these packaging and labeling requirements, dispensaries in Oklahoma can ensure the safe and transparent sale of medical cannabis products, maintaining compliance with state regulations and protecting patients.

Taxes

Overview

Understanding the tax obligations for medical cannabis sales is crucial for dispensaries operating in Oklahoma. This section outlines the specific tax requirements, including the excise tax rate, reporting obligations, and compliance with the Oklahoma Tax Commission.

Tax Obligations

  1. Excise Tax
    • Medical marijuana sales are subject to a 7% excise tax. This tax is collected by the dispensary from the customer, who must be a licensed medical marijuana patient or caregiver.
  2. Sales Tax Permit
    • Dispensaries must obtain and maintain an Oklahoma sales tax permit from the Oklahoma Tax Commission to legally conduct sales.
  3. Monthly Reporting and Payments
    • Dispensaries are required to report and remit payments on gross sales, tax collected, and tax due to the Oklahoma Tax Commission on a monthly basis. Reports and payments are due no later than the 20th day of the following month.

Reporting Requirements

  1. Report Contents
    • Each monthly report must include:
      • Dispensary name
      • Address
      • Telephone number
      • License number
      • Reporting month and year
      • Total gross receipts for the preceding month from sales of any medical marijuana product
      • Amount of tax due
      • Any other information required by the Tax Commission
  2. Compliance with Metrc
    • Once Metrc is fully implemented, dispensaries must ensure all inventory and sales data are accurately reported through the system to remain compliant with state regulations.

Key Considerations

  1. Timely Payment
    • Ensure all tax payments are made on time to avoid penalties and interest charges.
    • Use electronic payment methods to streamline the process and ensure timely submission.
  2. Accurate Reporting
    • Maintain accurate and detailed financial records to support tax filings and ensure compliance with state requirements.
    • Regularly review and reconcile financial records to identify and correct any discrepancies.
  3. Consultation with Tax Professionals
    • Work with tax professionals or accountants familiar with cannabis industry regulations to ensure compliance and optimize tax strategies.
  4. Regulatory Compliance
    • Stay informed about any changes in tax regulations or reporting requirements to maintain compliance and avoid potential legal issues.

By adhering to these taxation rules and guidelines, medical marijuana dispensaries in Oklahoma can ensure they meet their financial obligations, support the state’s medical cannabis program, and operate within the legal framework.

Patients and Caregivers

Overview

Oklahoma’s medical cannabis program allows patients with a physician’s recommendation and their designated caregivers to obtain and use medical marijuana legally. This section outlines the requirements and processes for patients and caregivers to apply for and maintain their licenses.

Patient Application Process

  1. Application Requirements
    • Form: Complete the Department-issued application form, which includes:
      • Applicant’s first name, middle name, last name, and suffix (if applicable)
      • Valid mailing address
      • Date of birth
      • Telephone number
      • Email address
      • Signature attesting that the information provided is true and correct
      • Date the application was signed
    • Documentation: Submit the following with the application:
      • Proof of Oklahoma residency (e.g., state-issued ID, utility bill)
      • Proof of identity (e.g., driver’s license, passport)
      • A digital photograph (as per OAC 310:681-1-8 requirements)
      • Certification and recommendation from an Oklahoma physician dated within 30 days of the application submission
  2. Submission Deadline
    • The application must be submitted within 30 days of the signature date.
  3. Short-Term Licenses
    • A 60-day license is available for patients whose doctors recommend short-term use of medical marijuana.

Caregiver Application Process

  1. Eligibility
    • Caregivers must be designated by the patient to assist with purchasing, administering, or cultivating medical marijuana.
  2. Application Requirements
    • Caregivers must complete a separate application form similar to the patient application and provide:
      • Proof of Oklahoma residency
      • Proof of identity
      • A digital photograph
      • Certification from the patient’s physician indicating the need for a caregiver

License Validity and Renewal

  1. License Duration
    • Patient and caregiver licenses are typically valid for two years, unless a shorter duration is specified by the physician.
  2. Renewal Process
    • Licenses must be renewed before expiration by submitting a renewal application along with updated documentation and physician certification.

Key Considerations

  1. Physician’s Role
    • Licenses must be recommended by a physician following accepted medical standards. The physician’s office must be different from the marijuana business location.
  2. Residency Requirements
    • Both patients and caregivers must be Oklahoma residents to qualify for a medical marijuana license.
  3. Information Updates
    • Patients and caregivers must notify the Oklahoma Medical Marijuana Authority (OMMA) of any changes in their personal information to keep records current.
  4. Compliance and Education
    • Patients and caregivers should be educated on the legal use, possession, and cultivation of medical marijuana to ensure compliance with state laws.

By understanding and following these application and documentation requirements, patients and caregivers in Oklahoma can legally access and use medical marijuana, ensuring they remain compliant with state regulations.

Application Documentation

Overview

Applying for a commercial cannabis license in Oklahoma requires thorough documentation to ensure compliance with state laws. This section outlines the necessary documentation that must accompany your application to obtain a commercial cannabis license, including for dispensaries, cultivators, and processors.

Required Documentation

  1. Ownership Information
    • A list of all persons and/or entities with an ownership interest in the commercial applicant.
  2. Certificate of Good Standing
    • A certificate of good standing from the Oklahoma Secretary of State, if applicable.
  3. Affidavit of Lawful Presence
    • An Affidavit of Lawful Presence for each owner, verifying their legal residency status.
  4. Proximity to Schools
    • Proof that the location of the dispensary is at least 1,000 feet from any public or private school. This distance is measured in a straight line from any entrance of the school to the nearest point of the dispensary location.
  5. Residency Proof
    • Documents establishing that the applicant, and the members, managers, and board members (if applicable), and 75% of the commercial applicant’s ownership interests are Oklahoma residents. This proof must comply with 63 O.S. § 420A et seq. and OAC 310:681-1-6.
  6. Additional Documentation
    • Any further documentation deemed necessary by the Department to ensure the commercial applicant meets the qualifications under 63 O.S. § 420A et seq. and this Chapter.

Key Considerations

  1. Accurate and Complete Submission
    • Ensure all documentation is accurate and complete to avoid delays in the application process.
    • Double-check that all required forms are filled out correctly and all supporting documents are included.
  2. Verification
    • Be prepared for the Department to verify the information provided. Any discrepancies or false information can lead to application denial or revocation of the license.
  3. Compliance
    • Maintain ongoing compliance with all state regulations to ensure the license remains valid.
    • Regularly update any changes in ownership or management with the Department to keep records current.
  4. Timely Submission
    • Submit the application and all required documentation in a timely manner to meet application deadlines and avoid processing delays.

By meticulously gathering and submitting the required documentation, commercial cannabis applicants in Oklahoma can ensure a smooth application process and increase their chances of obtaining a license to operate legally within the state.

OK Laws FAQs

Overview

To help dispensary operators, patients, and caregivers understand Oklahoma’s medical cannabis laws, here are answers to some frequently asked questions about the state’s regulations.

Frequently Asked Questions

  1. Is marijuana legal in Oklahoma?
    • Medical Marijuana: Yes, medical marijuana is legal for residents with a physician’s recommendation.
    • Recreational Marijuana: No, recreational marijuana is not legal in Oklahoma.
  2. Who can apply for a medical marijuana patient license in Oklahoma?
    • Oklahoma residents with a physician’s recommendation can apply for a medical marijuana patient license. The application must include proof of residency, proof of identity, a digital photograph, and a certification from an Oklahoma physician.
  3. How do I switch to Metrc track-and-trace at my dispensary?
    • Dispensaries must follow the guidelines provided by the Oklahoma Medical Marijuana Authority (OMMA) and complete the required trainings for Metrc implementation. The deadline for compliance was May 26, 2022. Details on the transition process can be found on the OMMA FAQ page.
  4. How can I get an Oklahoma cannabis business license?
    • To obtain a cannabis business license, applicants must be at least 25 years old, an Oklahoma resident, and have a certificate of good standing from the state. The application must include ownership information, proof of residency, an Affidavit of Lawful Presence for each owner, and other required documentation. The application fee is $2,500.
  5. What is the tax on cannabis in Oklahoma?
    • Medical marijuana sales are subject to a 7% excise tax, in addition to state and local taxes. Dispensaries must obtain and maintain an Oklahoma sales tax permit and report and remit tax payments to the Oklahoma Tax Commission monthly.
  6. Who approves medical marijuana licenses in Oklahoma?
    • The Oklahoma Medical Marijuana Authority (OMMA) is responsible for approving medical marijuana patient and business licenses in the state.
  7. What are the possession limits for marijuana in Oklahoma?
    • Patients can possess up to 3 ounces of marijuana on their person and up to 8 ounces in their residence. Additionally, they can have up to 1 ounce of marijuana concentrate, 72 ounces of edible medical marijuana products, 6 mature plants, and 6 seedling plants.

Key Considerations

  1. Stay Informed
    • Regularly check for updates to Oklahoma’s cannabis laws and regulations to ensure ongoing compliance.
  2. Maintain Compliance
    • Adhere to all state guidelines regarding sales, advertising, security, and employee training to avoid penalties and maintain your license.
  3. Educate Patients and Caregivers
    • Provide clear information to patients and caregivers about their rights, purchase limits, and safe consumption practices.

By understanding these frequently asked questions and their answers, dispensary operators, patients, and caregivers can navigate Oklahoma’s cannabis laws more effectively and responsibly.

 

Disclaimer

The material contained on this website and any attached or referenced pages has been compiled by UZIO for informational purposes only. It is not intended to be and is not considered to be legal advice. This post is current as of [1-July-2024]. Cannabis regulations are rapidly changing, and legal advice of any nature should be sought from legal counsel.

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