Omma’s New Rule Change Could Have a Major Affect On Your Business.
Video Transcribed: Oklahoma Attorney Isaiah Brydie coming at you with another video. This video’s going to be another continuation Of me going over the new proposed OMMA rule changes. Now, again, these rule changes, the notice and comment period runs on them. I think it started on February 3rd all the way up to March 7th. So, during that time, if you want to put in your comment, you’ll simply go in. You can even find the notice and comment window on the Oklahoma Medical Marijuana Authority website. It’s there at the header part of the homepage.
But going into the document, we’re going to start back on page 44 under inspection. Now, there’s been a little bit of changes here. Going back to part C, the Department shall conduct one onsite inspection at a testing laboratory applicant prior to the initial licensure and one onsite inspection annually thereafter. So that’s speaking specifically to the testing facilities, that they’re going to get an initial inspection. I guess all of their equipment and everything like that before they even get their license.
Going forward from there, we’re going to go to page 45, and this was a little bit of buried provision in here. And it basically lays out that licensees shall be afforded at least 24 hours notice to secure legal representation prior to any interviews. Failure to make documents or other requested information available to the Department and/or refusal to appear or cooperate with an interview shall constitute grounds for non-renewal, suspension or revocation of a license. Or any other remedy or relief available under the law. Woo, okay, I didn’t even catch that when I first read it.
All records shall be kept onsite and readily accessible. Okay, so there they’re doing a couple of things. So, number one, if you’re ever under investigation with the Oklahoma Medical Marijuana Authority, they only have to give you 24 hours notice of them popping up at your place of business. Two, you will be allowed to get legal counsel within that 24 hour period. Three, failure to make documents or do interviews while you’re under investigation will be grounds for non-renewal of your license, suspension of your license or a termination of your license.
Any other remedy or relief available to you under the law. So, basically, I think they’re trying to preempt you having your right to having an administrative hearing on matters, which is quite interesting in and of itself as to whether or not the Authority can do that. I have to look at some of the administrative rules on things, and also too, the organic law under which the Oklahoma Medical Marijuana Authority was made. That’s a very, very severe repercussion right there in and of itself.
Moving forward to page 46. This is speaking to your dispensary reports with your annual monthly reporting. So, they’ve made a change here. So, instead of reporting who all you bought the marijuana from as far as buying it from a processor or buying it from a dispenser or you’re buying it from a grow, all those kind of things, you just have to report the amount of marijuana that you purchased in pounds. And also, two, you also have to report the amount of marijuana sold or otherwise transferred in pounds.
Going on from there, most of the provisions around your monthly reporting are still the same. They just changed out sold to read sold or otherwise transferred. Now, that’s a little interesting because technically you can’t freely give medical marijuana away under the statute. You have to give some form of consideration, whether that even be a penny. So, there’s not necessarily a transfer of ownership of medical marijuana without some type of consideration involved. So, it’s weird that they chose that language.
Page 47, number four at the top of the page. Submission of information and data to the Department through … Okay, this is speaking to, again, your monthly reporting. It’s basically saying that you can use either the Oklahoma Medical Marijuana Authority’s monthly reporting framework or another framework that corresponds with the Oklahoma Medical Marijuana Authority framework.