Major Changes Made By The Oklahoma Medical Marijuana Authority
Video Transcribed: Oklahoma Medical Marijuana Attorney Isaiah Brydie coming with this video to talk about the new interoffice rules for the Oklahoma Medical Marijuana Authority and this is going to be a continuation of the video that I just did. Sticking with the document, we’re going to be going to page 37 and this is all about medical marijuana businesses. They’re no longer considered commercial establishments but instead medical marijuana businesses.
Concerning Oklahoma marijuana, we’re going to be looking at the top of the page here, where it says that a transporters license shall only be valid at the physical location that has been submitted to and approved by the department and are listed on the application. That’s speaking specifically to the transportation license to where if you’re a transporter or you have some type of distribution center setup, that license is only going to be valid at that location that’s listed on the license itself.
Going down from there, we’re going to look at section C, renewal of license. And we’re going to be looking at number three. The department that refuse to renew a license of a medical marijuana business for the following reasons. And it lists out two reasons here. So basically, this is saying that the medical marijuana authority can reject that license for a failure to meet the requirements for licensing set forth in the statute. And also, too, noncompliance with the statute with the medical marijuana and patient protection act.
And also, too, upon the determination that a license has not met the requirements for renewal. The department shall provide a written notice to that licensee, that notice shall be providing an explanation for the denial of the renewal of that application. So there, it’s giving out guidelines for why the department may flat out refuse a license application for medical marijuana business.
Going on from there, we’re going to be going to page 40. And here it’s laying out additional provisions for the change of information and this is an actually interesting provision to where it basically allows for a medical marijuana business to change either the ownership of a business or the location of a business one time within a span of one year. With that, if you want to change the name or the location of the business, you need to provide proof that if that business is a dispensary, that dispensary is 1,000 feet away from a school. You need to provide a certificate of compliance that’s been signed with the appropriate local municipality or government body.
And also, too, you need to show, and this is a quote here, “Any further documentation the department determines is necessary to ensure the business license is still qualified under Oklahoma law in this chapter to obtain a business license.” So that might be the Oklahoma Medical Marijuana Authority shoring themselves up some room to acquire additional information in order for a medical marijuana business to function. I’m kind of not sure there.
Here going forward, we’re going down to sub-part B. With that, a medical marijuana license renewal submitting an ownership change must have the following information, a list of all the owners and principal officers, so that’s a new thing we’re going to have to disclose the principal offers as well, of the commercial applicant and supporting documentation set forth in the statute. An affidavit of lawful presence for each owner, documentation required under the statute, establishing that the applicant, the owners, the members, the managers, all of those people are Oklahoma
residents, in that they own at least 75% of the business. And then further documentation that the authority seem necessary. Going forward from there, to page 42, we see another interesting change here. Under E, supporting documentation, this is speaking to the actual application itself. We see that there’s supporting documentation here, I usually refer to these as the attachments to the application.
We see that owners and principal officers of the business applicant and supporting documentation, I’m sorry, a list of the owners and principal officers and their supporting documentation, including but not limited to your certification of incorporation, your operating agreement, your corporate bylaws, your articles of organization. Basically the governing document of your business entity also needs to be uploaded on.
Now, this has actually been a change that’s been along, or been around for a little while now, but for some of you older businesses, this was not a requirement to have to upload up the governing document for your entity. So that’s a new change here. And also, too, right underneath that on sub-part three, we see if applicable, I’m sorry, an electronic copy or digital image in color of the sales tax permit, issued by the Oklahoma Tax Commission. Now, the reason why that says, “If applicable.” Is because that only applies to dispensaries.
So these are some of the changes that are going to be going into effect with the Oklahoma Medical Marijuana Authority’s rules. Be sure to look at that next video to see as we go through these rule changes.