Waste Disposal, In-House Doctors, Non-Conforming Goods. What Does This Mean For Your Dispensary?
Video Transcribed: Oklahoma Attorney Isaiah Brydie with Wirth Law office coming at you with another video and this video is going to be a continuation going through those new proposed rules and regulations from the OMMA (Oklahoma medical marijuana authority). Let’s get into it. All right, page 55 Sub-part D, medical marijuana waste disposal. Licensees may dispose of roots balls, stems, fan leaves, seeds, and the mature stocks or fiber produced from such stocks on the licensed premises by open burning, incineration, burying, mulching, composting, or any other technique approved by the department of environment controls. So that’s basically calling for… And I ran into this a lot when I have a business that’s winding up and they’re going to be shutting down their business, is that they can dispose of everything else except for the actual medical marijuana bud, flower product, whatever you want to call it.
They can’t burn that open source. You can burn everything else from the stocks, the stems, the seeds… Yeah, the seeds, the roots, everything else except for the flower itself. So in that situation you need to actually call in the medical marijuana waste disposal business to come out and actually get rid of that stuff for you. If you are unable to sell it to a another business going forward from there, we’re actually going to go to page 56 prohibited acts.
And right down here we see down here Sub-part D, no dispensary shall allow any physician to be located maintaining office, write recommendations or otherwise provide medical services to patients at the same physical location as a dispensary. So here it’s really problematic I know for a lot of you guys, especially the dispensary’s who have in-house resident doctors who are there where individuals can come in and have an evaluation by them and then they get a prescription written or a recommendation written for a medical marijuana card.
Under these new rules and regulations, you can no longer do that. Going forward, we’re going to page 57 sub chapter seven packaging, labeling and advertising. This is a long provision here, so I’m going to get straight into it. Sub-part B, nonacceptance or return. A dispensary shall refuse to accept or shall return to the licensee transferring the medical marijuana or medical marijuana products, any medical marijuana or medical marijuana products that are not packaged and labeled in accordance with the statute.
So here it’s basically saying if you enter into a transaction and for one reason or another that medical marijuana isn’t labeled as far as when it’s outside or those edibles or those tinctures don’t have the sticker that says contains THC on it or there are any other discrepancies with what are required to be on those packaging, then you are the acquired as the medical marijuana business to either refuse to accept that product or return that product.
We’ll get into what is required with the labeling and packaging later on down in this document going forward to page 58 Sub-part C documentation. A dispensary shall document any such return, not acceptance or disposal and such documentation shall include at a minimum the license number, name, contact information and address of the licensee who sold or otherwise transferred the nonconforming medical marijuana or medical marijuana products to the dispensary.
A complete inventory of the medical marijuana or medical marijuana products to be returned or disposed including the batch number, the reason for the nonacceptance return or disposal, and the date of the nonacceptance return or disposal. So here we see that dispensaries are required to document anytime they receive product that is in noncompliance with the rules governing packaging and labeling.
So we just went through those provisions that they need to follow in the event that they seek to return or not accept product that is not in conformance with the statute. And that’s it for this video guys. Please be sure to see the next video where we get into the labeling requirements and the packaging requirements. Please leave your comments below. I’d love to hear out from you guys for what are some things that you guys are interested in for me to cover for you guys. I look forward to seeing you guys next time. Take care.