Patient Information, Inventory, and Audits Changes? What Does That Mean To Your Business?
Video Transcribed: Oklahoma Attorney Isaiah Brydie with Wirth Law Group coming at you with another video. And this video is going to be a continuation of us going through these new rules and regulation changes coming down from the OMMA (Oklahoma Medical Marijuana Authority). There’s just the fifth video and this ongoing series. So if you want to go earlier into what we covered earlier, then look at the previous videos.
Jumping straight into the document, Page 48 Section C, Patient Information: Records containing private patient information shall not be retained by medical marijuana business for more than 60 days without the patient or caregiver’s consent. Private patient information means personally identifiable information, such as a patient’s name, address, date of birth, social security number, a telephone number, email address, photograph, and financial information.
This term does not include the patient’s medical license number, their patient license, their patient card number, which shall be retained by the medical marijuana business, and provided to the department upon the request for compliance and public health purposes, including the verification of lawful sales or patient trace-ability and over the event of a product recall.
So there’s a lot of things going on with that provision. I don’t know why my phone keeps on trying to turn itself off. It’s a little weird. Anyway, there’s a lot of things going on with this provision. The first thing is that I know with a lot of you guys, POS systems, you guys have been keeping things like email addresses, and phone numbers, and names so you can put them on your email list, or your text message lists, and all that kind of stuff.
This new rule will change that to where you can’t keep that information unless that patient, themselves, agree that you can keep that information. Additionally, the only information that you are allowed to keep without the patient’s consent is their patient number, which under this new provision you will be required to keep, and then give over to the Medical Marijuana Authority if there ever is some type of inspection or audit done on your business.
Going forward from there, Inventory: business licenses shall use the Seed 
To Sale tracking system established by the department, or a Seed To Sale tracking system that integrates with the department’s established system at the time of its implementation.
The system utilized by each licensee shall be a system that … and then, it goes on to lay out a couple of things, catalogs the chain of custody of the medical marijuana, including every transaction with another commercial licensee, patient or caregiver, and then identify and allows for tracking and documentation of the entire lifespan of the licensee stock of medical marijuana, and medical marijuana products, including at a minimum when medical marijuana seeds are planted, when medical marijuana seeds are harvested, were destroyed, when medical marijuana seeds are transported, sold, stolen, diverted, lost.
I don’t know how you’re going to account for those things with the stolen or lost. A complete inventory of all medical marijuana seeds, plants continuing, and products, and all samples sent to a test laboratory for the intentions of qualifying tests.
So those are all the things that need to be under this new framework, they need to be included in your Seed To Sale tracking system. Also too, whenever you sell medical marijuana, whether it be to a dispensary, a processor, or what have you, you also need to transfer over all of that information with the medical marijuana as well. That’s also going back to those new provisions under the transportation shipping manifest that needs to go along with that.
Going forward from here, we’re going to page 49, number six at the bottom of the page. Except as otherwise provided in the Oklahoma Medical Marijuana laws, or these rules, correctable violations identified during an audit shall be corrected within 30 days of the receipt of a written notice of violation. If a license fails to correct violations within 30 days, the license will be subject to a fine of $500 for each violation, and other administrative actions and penalties authorized by law.
So here, that’s a provision calling for if you do fall under an audit, and there is things that are found to be in deficit with your business filings, you do have the opportunity under certain circumstances to go in and do corrections to that information within 30 days. So that’s it. We’re going to keep on tracking through these document changes, and I look forward to seeing you guys later. Leave a like, a comment, or a subscribe in the comments of this video. Thank you guys.