This Revision Is Getting Rid Of The “Grandfathered In” Clause.
Video Transcribed: Oklahoma Attorney Isaiah Brydie coming at you with another video, and this video is going to be part three in us covering the rules changes that the Oklahoma medical marijuana is going to be issuing out and voting on, I do believe on March 7th. So let’s continue through this document. We are going to be starting at page 43 and this is speaking to, I do believe, application renewals. Let me see here. Yep. Renewal applications. We’re going to go all the way up to sub-part A here.
Applicants seeking to renew a commercial license issued prior to the enactment of the Oklahoma Medical Marijuana and Patient Protection Act shall submit documentation establishing proof of residency in accordance with the statute. And also too we see here on Sub-part B, all other applicants shall submit documentation establishing proof of residency in accordance with another statute.
So here we see a new thing that has been taking place here. This revision, to me, seems to be getting rid of that “grandfathered in” clause that people have tried and have been shelter up under with their older businesses that have been established prior to these changes. So I think the Oklahoma medical marijuana authority is starting to get away from that grandfathered status. So we see those changes here.
Going down to point G on page 43, status letter update. If a delay in processing has occurred, the department shall notify the applicant via email of the delay and of the reason for the delay. So that’s a new thing. So now the department will be giving updates on why your application seems to be taking so long. In my experience, it has never really taken that long to get an application. But under the statute they are allotted 90 days to review your application. So I guess that’s if you’re falling outside of that 90 day window.
Going on from there. Staying on page 43. Proof of residency for commercial licensees. So this is speaking to that proof of residency that I was talking about earlier. All applicants shall provide sufficient documentation establishing that proof of residence for the previous two years, immediately before the application or for a continuous five years within the last 25 years. So if you can establish residency through two of those means, you can also use a bunch of different documents to prove up your Oklahoma residency. The easiest one is going to be what’s called a letter of credit, and this is a document that you actually get from a utility company.
So think PSO, OG&E, anything like that. You can’t use a cell phone bill or an internet bill, but a utility bill that you think of, and you can basically ask them for a letter of credit. It’s basically just a summary of your account with them. And you can use that document and another document. So a driver’s license, if your driver’s license is old enough, an agricultural growers card. Any other document that basically … your taxes. Any other document that can establish your Oklahoma residency for either the previous two years before an application or for a continuous five years within the last 25 years.
Going on from there, we’re going to go to page 44 and we’re actually going to go down to this next provision. Persons prohibited from holding a commercial license. So we see some new things happening here. So these are people who are prohibited from owning a medical marijuana grow license or a business license.
So we see here at new thing number two under part A is going to be a limitation on corporations if their criminal history of any of its officers, directors or stock holders has a disqualifying criminal conviction. So think of that as you have a ownership entity and that entity has an owner, or a shareholder, or a officer who themselves cannot meet the criminal record background check that is required of individuals. And also too, an owner of a commercial license who during a period of the licensure or at the time of any commercial license application has failed to: one, file any taxes, interest or penalties due related to a medical marijuana business. So failure to file your taxes on your medical marijuana business, or two, pay any of those taxes or fines related to your medical marijuana business.
So those are two new things that have popped up in these rule changes for the medical marijuana authority. Again, this is Isaiah Brydie going through the proposed rule changes for the Oklahoma medical marijuana authority. Tune in for the next video.