Understanding the OBNDD Memorandum
Hey, Oklahoma medical marijuana business owners. I’m Katrina Lucas, and I’m a Tulsa medical marijuana attorney with Wirth Law Office.
We’ve been getting a lot of calls on the OBNDD memorandum that was sent out stating that clones require manufacturing OBNDD registration. The letter goes into declaring that the cannabis is manufacturing because these clones will grow into THC-bearing plants, and so it needs that license. They also need an ODAFF license, and if you don’t already have one and you’re handling clones, you do need that.
Legal Interpretations and Due Process
However, that does not mean that OBNDD has the full legal rights to be able to make this interpretation. The legal rulemaking rules for due process say that they should have gone through a rulemaking process or an announcement on this for due process. However, that doesn’t save any business owner that has clones they offer to clients or had clones previously.
I don’t know whether OBNDD is seeking more money for registration and for you to go ahead and apply for a secondary OBNDD license on top of your dispensary license, or whether they’re trying to void clone sales and prevent patients from being able to buy clones to control the market. The wording on this is really vague.
Preparing for Regulatory Changes
We have the upcoming prepackaged rules, so deli-style service of cannabis is going out of fashion because of the new packaging rules. However, with this new interpretation—and the way they worded it—although they specifically mentioned clones, the wording of the other findings makes me think that they are also going to make findings against those who are doing deli-style.
We are facing a very short time frame before those prepackaged rules come in. So, just letting you know that if you are doing deli-style, I would highly recommend that you begin to package in the back room and not display it in the front. That way, OBNDD may find an issue with it, but they won’t find an issue with it facing customers. And you’re only doing it until the rule comes into effect.
Get Legal Assistance Today
I’ve done another video on standard operating procedures. I would recommend you go ahead and get one for the short time period that we have until the prepackaged rule comes into effect. This is Katrina Lucas, and I’m a Tulsa medical marijuana compliance attorney with Wirth Law Office in Tulsa, Oklahoma.
If you have any questions or need legal guidance regarding the OBNDD memorandum or other medical marijuana regulations, contact me for a consultation. Call (918) 932-2879 to schedule your appointment today.