Understanding Disqualifying Violations
Hello, this is Oklahoma Cannabis Business Attorney Jesse Kovacs from the OK Cannabis Law Office, and today we’re going to be talking about disqualifying violations. And really the question is, what are the consequences of surrendering my license after I’ve been served an OMMA petition? And the answer to that depends on what you’ve been charged with. And what you really need to know is there are a certain list of charges that I call disqualifying violations that if you surrender your OMMA license or just even fail to renew it after you’ve been petitioned for one of these violations, then you are thereby barred from being an owner of any other OMMA license for a period of five years.
It’s important to know that if you have been charged with certain violations that you don’t just throw in the towel and surrender or not renew, but that you actually vigorously defend your license and thereby your right to own another license in the future. Now the list of the violations are in the current regulations, but I’ll read them off for you here. Unlawful sales and purchases, fraudulent acts, falsification of records, or misrepresentation to either OMMA, patients, caregivers, or regulators, grossly inaccurate or fraudulent reporting, threatening or harming a patient, caregiver, or OMMA employee, and criminal acts relating to the operation of your cannabis business.
Public Health and Safety Concerns
So just violating any criminal laws will also constitute one of these disqualifying violations. And then finally, there’s a catch-all here that applies to any violation endangering public health and safety or product safety, and that is as determined by OMMA. So that can be kind of broad. I’ve seen some violations that sometimes OMMA says this is a public health and safety issues and sometimes they don’t. So that’s a very important thing to keep an eye on in your petition. And some of the things that they mention as are included as things that affect public health and safety are the failure to assist in any embargo or recall, and the failure to follow a direct order or directive from OMMA.
Get Help Defending Your License
If you are facing a petition from OMMA and are unsure of how to proceed, it is important to seek legal counsel to protect your rights and your ability to hold a cannabis license in the future. Contact the OK Cannabis Law Office for a low-cost consultation or visit our website at oklahomamedicalmarijuana.attorney.