*For cannabis concentrate in non-liquid form, 1,000 grams shall be considered 1 liter
The fees for dispensaries have been changed as well. The initial fee for a dispensary license
shall be $2,500.00. However, upon renewal the licensing fee shall be ten percent (10%) of the sum
of (1) the state sales tax and (2) the state excise tax of the dispensary for the preceding 12 months,
however in no event shall the fee be less than $2,500.00 or more than $10,000.00.
The annual license fee for a testing laboratory shall be $20,000.00.
Transport licenses shall carry an annual license fee of $2,500.00.
As stated above, these new fees will not come into effect until June 1, 2023, so it will not
impact the upcoming renewals for this year.
H.B. 3208 implements a temporary moratorium on the issuing of certain commercial
business licenses by the Oklahoma Medical Marijuana Authority ("OMMA"). Under this law,
OMMA shall not issue new dispensary, processing, or commercial grower licenses from August
1, 2022, until August 1, 2024. However, the Executive Director of OMMA may terminate the
moratorium and resume the issuing of licenses if the Executive Director determines that all
pending license reviews, inspections, or investigations have been completed. This law shall have
no effect on the renewal of existing dispensary, processing, or commercial growing licenses.
Likewise, all applications for new dispensary, processing, or commercial grower licenses filed
prior to August 1, 2022, shall be processed by OMMA and shall not be affected by the moratorium.
All new commercial growers must be located at least 1,000 feet away from any public or
private school, as measured from the nearest property line of the school to the nearest property line
of the commercial grower. For the purposes of this bill, a school shall only include property which
is owned, used, or operated by a public or private school for classroom instruction. Administrative
offices and athletic facilities shall not qualify as a school under this law unless it is located on the
same campus as the classroom buildings. All existing commercial growers shall be grandfathered
in and allowed to remain in operation at the existing location, even if within 1,000 feet of a school.
This law became effective on March 30, 2022.
This Bill prohibits commercial growers or licensed medical marijuana waste disposal
facilities from being located within 1,000 feet of a public or private school, as measured from
property line to property line. A school is defined to include a public or private preschool, a public
or private elementary or secondary school, or a technology center school which is primarily used
for classroom instruction. School property which is used as administrative offices or athletic
facilities shall not qualify as a school for this restriction unless it is located on the same campus as
classroom buildings. It is also stated that a commercial grow may not be located at the same address
as a public or private school, nor may it adjoin a public or private school. However, a presently
existing commercial grow or waste disposal facility shall not be prohibited from operating or
renewing its license due to being located within 1,000 feet of a school. This law became effective
on May 20, 2022.
*Note: While S.B. 1511 and S.B. 1726 seem like they say the same thing, the primary
difference between the two is that S.B. 1511 is limited to commercial grows, whereas S.B. 1726
expands it to include waste disposal facilities. Furthermore, S.B. 1726 expands the definition of
school to include a technology center.
Beginning November 1, 2022, the penalty for the sale or transfer of medical marijuana to
someone who does not possess a valid patient or commercial OMMA license is increased to
$1,000.00 for a first offense and $15,000.00 for a second offense within 1 year. In addition, the
penalties for "grossly inaccurate" or fraudulent reporting to OMMA by a licensed business shall
be $5,000.00 for a first offense and $10,000.00 for a subsequent offense within a 2-year period. A
second incident of "grossly inaccurate" or fraudulent reporting within a 10-year period will subject
a business to license revocation. Further, a first offense of intentional diversion of medical
marijuana by a patient to an unauthorized person shall result in a fine of not less than $400.00. A
second offense shall result in a fine of not less than $1,000.00 and the revocation of a patient's
Penalties for the sale, purchase, or transfer of medical marijuana by a commercial business
or its employees or agents to persons without a valid OMMA Patient Card shall be increased to
$5,000.00 for a first violation and $15,000.00 for subsequent violations within any 1-year time
period. In addition, the penalty for grossly inaccurate or fraudulent reporting to OMMA shall be
$5,000.00 for a first violation and $10,000.00 for all subsequent violations within any 2-year time
period. OMMA shall be given the authority to revoke the license of any person involved with the
diversion to medical marijuana to a person without a valid OMMA Patient Card. Likewise, if
OMMA establishes a pattern of violations, they may revoke any business licenses connected to
the diversion to medical marijuana and those of any entities of common ownership. This law shall
take effect on November 1, 2022.
Beginning January 1, 2024, employees of commercial medical marijuana businesses shall
be required to obtain a credential from OMMA as a condition of employment. OMMA shall
contract with a third-party vendor to conduct background checks associated with the credentialing.
*Note: While S.B. 1367 and S.B. 1704 are very similar, there are a few notable differences.
First, S.B. 1367 provides for a $1,000.00 penalty for a first offense, whereas the penalty for a first
offense in S.B. 1704 is $5,000.00. In addition, S.B. 1704 creates a new requirement for employees
of medical marijuana businesses to be credentialed by OMMA by January 1, 2024.
Beginning November 1, 2022, all OMMA licensed outdoor growers shall be required to
register with the Oklahoma Department of Agriculture, Food, and Forestry as an "environmentally
sensitive crop owner" with the Environmentally Sensitive Area Registry. Outdoor growers shall
be required to provide the business name, address, and GPS coordinates in order to provide notice
to commercial and private pesticide applicators of the location of cannabis grows in order to
prevent the drift of dangerous pesticides.
In addition, all OMMA licensed commercial growers shall be required to post a sign at
least 18" x 24" with 2" font stating (1) the business name, (2) the address of the business, (3) the
phone number, and (4) the OMMA license number. This requirement shall also take effect on
November 1, 2022.
Beginning on November 1, 2022, medical marijuana may be sold in clear packaging to
allow patients and caregivers to view the product. However, containers must be child-resistant and
labeled with the following warnings: "For use by licensed medical marijuana patients only" and
"Keep out of reach of children". Once sold, the medical marijuana must be placed in an opaque
"exit package" before leaving the dispensary.
Effective November 1, 2022, OMMA shall be separated from the Oklahoma State
Department of Health (OSDH) and become an independent standalone agency of the state
government. The Executive Director of OMMA will be appointed by the Governor, with the advice
and consent of the Senate, and may be removed by the Governor for any reason.
The "County Sheriff Public Safety Grant Revolving Fund" is created as a revolving fund
with the State Treasury to support County Sheriff departments. All money received by OMMA
which is appropriated or apportioned to this fund, along with any federal funds, grants, or
donations, shall be budgeted and spent by OMMA for the purpose of establishing programs and to
provide funding to County Sheriffs for the enforcement of laws and regulations associated with
the production, cultivation, transportation, distribution, sale, or other activities related to medical
marijuana. This bill shall be effective on July 1, 2022.
The laboratory responsible for OMMA's compliance testing shall provide OMMA with
recommendations for equipment and testing standards to be implemented by all licensed
laboratories. These recommendations shall be given to OMMA not later than June 1, 2023, and all
testing rules and standards shall be implemented by OMMA within 90 days. All licensed labs shall
comply with the new standards and rules by June 1, 2024.
H.B. 3929 Authorizes OMMA to create standards for testing laboratories process
validation, which shall be voluntary for all laboratory licensees. Standards for process validation
are required to be implemented by June 1, 2024.