Oklahoma Cannabis Law
Sixth Step to Starting a Medical Cannabis Business in Oklahoma
Sixth Step to Starting a Medical Cannabis Business in Oklahoma: driver's license, and your proof of residency. Before you can make application to OMMA, you need to have all these documents ready. It'll make your life so much easier. The driver's license is for all owners. You have to provide a color copy of the front of your driver's license, and you have to also provide a copy of the back of your driver's license. It will make your life a lot easier, and prevents you from being rejected, if you remember to do your copy of your driver's license, in color, that's for the front. I get it that the back is black and white, and it's not going to change colors. But you need a copy of the back of your driver's license. And again, this is for each and every owner of the business. You will get rejected if you forget the back, or if you don't provide it in color. The next thing which is proof of residency. Read more »Fifth Step to Starting a Medical Cannabis Business in Oklahoma
The Fifth Step to Starting a Medical Cannabis Business in Oklahoma is the affidavit of lawful presence form and your background check requirements. So the background check is regarding you have to get this done at OSBI or through OSBI. That's the Oklahoma State Bureau of Investigations if you're not familiar with that. And you also must not have any felony convictions in the last two years or any violent felony convictions in the last five years. Read more »Fourth Step to Starting a Medical Cannabis Business in Oklahoma
Step four would be to get the proof of distance from a school for the property, as well as your proof of location using GPS. Now, the OMMA has a tool on their website that will help you determine the distance from a school, which is a thousand feet. You must be at least 1,000 feet from any open school. I don't mean any school that is open just during the school year. It includes the non-school year as well. You would need to do that. Then, to get the GPS locations, you would put the address into Google and you would hit search, and then you'd get the Google map. When you go on the Google map, you can right click and it says, "What's here." If you click on that "What's here," it'll give you your GPS coordinates. Those are required for OMMA to obtain your license. This is for a grow, a dispensary, a processor's license, a transportation agency license. You have to have this GPS, I believe even for the laboratories, because this isn't about the school. This is just where the GPS location is. That's step four. Read more »Does Oklahoma State Question 813 Affect Minor Patients?
A minor patient under the age of 13 years of age shall be permitted to medicate with inhalants... Shall not be permitted to medicate with inhalants without a specific written order from two board certified physicians, and education through a not-for-profit organization providing education for minors on inhalants. What this means is both of the recommending physicians that are board certified must agree that a child under the age, or a minor, under the age of 13 can use inhalants as a medical treatment. Now this doesn't mean that they're going to be smoking marijuana, this doesn't mean that they're not going to be smoking, it doesn't mean that they're not going to be using vapes. It depends on what the parent, the child, and the physicians recommend. Now and it also could mean that they are using an inhaler with THC in it, okay? There are different mechanisms for delivery. So an inhalant can be several things. It could be a nose spray that you put up your nose, it could be an inhaler like for people that have asthma, so it could be those and not actually the smoking of. So it could be the smoking of, it just depends on what that patient needs. A minor patient age 13 years of age or older shall be permitted to medicate with inhalers with a specific written order from one board certified recommending physician, and education through a not-for-profit organization providing education to minors on inhalants. Read more »Do I Qualify to Open A Commercial Marijuana Business in Oklahoma
There are multiple requirements you must be at least age 25 or older. There's no getting around that. You must be a resident of Oklahoma, to hold the majority license or sole license of a medical cannabis business. You must not have any felony convictions in the last two years. You can have no violent felony convictions in the last five years. So those are your primaries. Now, as far as residency goes, you must have lived in the state of Oklahoma for at least two years or you must have a business partner who has lived in the state of Oklahoma for at least two years. So now, if you are a non-resident or have not lived in the state of Oklahoma for at least two years, then you can only hold 25% of that business license. They require proof of residency. So, with that being said, you will need to be able to provide that if you want to hold more than 25%. Now, if you've lived in the state of Oklahoma for five years within a 25-year period, and you can prove it, then you can hold a license but you have to have the documentation to prove it. They're not going to just accept your word. Read more »Oklahoma State Question 813: Delivery Service
Medical marijuana dispensary shall at their discretion be permitted to offer delivery services to Oklahoma medical marijuana authority licensed patients. The delivery vehicle used shall have appropriate insurance. The person performing the delivery shall be a licensed driver. The patient has been informed of any and all delivery fees. The delivery vehicle shall be a nondescript vehicle with no industry marking or marking collateral. And the delivery person shall be employed by the dispensary or delivery company. Delivery shall be made to the patient's home or the patient's place of employment. It's pretty simple. If a dispensary owner wants to hire a third party to make deliveries, they can do that, as long as they provide the patient with upfront pricing for fees and... What is it called? Any and all delivery fees. Read more »Third Step to Start a Medical Cannabis Business in Oklahoma
Step three to starting a medical cannabis business in Oklahoma is to apply for and obtain your employer identification number from the IRS. Read more »Second Step to Starting a Medical Cannabis Business in Oklahoma
So now that you've found your location and you've registered your business with the Oklahoma Secretary of State, your next step would be obtaining your certificate of good standing from the Oklahoma Secretary of State. And you would also print off the certificate of compliance from the OMMA website, and you would take it into whatever department within the city, county, township, municipality that the property that you're going to operate your business from is located in. Read more »How Oklahoma State Question 813 Was Created
Our proposed ballot title simply states this, "This measure adds new article to the Constitution of the State of Oklahoma. This article will heal state question 788, which the Oklahoma State Legislatures, the Oklahoma Medical Marijuana Authority, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Oklahoma State Department of Health, local governments has desecrated since 57% of Oklahoma voters passed state question 788 on the historic day of June 26, 2018. This article will not only heal the damage created by those named above. It will responsibly legalize, regulate and tax adult use marijuana for persons aged 18 and older under state law." Read more »Oklahoma State Question 813: Medical Marijuana Tax
State question 813 was written to help fix a lot of the problems in our Medical Marijuana Program and because there's several state questions that were filed late last year and earlier this year that proposed recreational use marijuana, it was decided when they were drafting state question 813 to fix the Medical Marijuana Program that they would add adult use marijuana, but it's in a very controlled format and fashion. Read more »First Step to Starting a Medical Cannabis Business in Oklahoma
We get a lot of questions about, "Where do I start?" And it's becoming more and more frequent that I'm getting those questions, so I'd like to discuss, where do you start? There's a couple of different ways to start, and the first one is setting up your LLC. If you don't know how to do that, we can do that for you all day long. However, you also need to start with having a location for your business. So how do you find a location? What town do you get it in, or do you start your business in? Because we've got 77 counties, we have a lot of towns, even places I've never heard of before. So you have to look around. Read more »Oklahoma State Question 812 Revisited by a Dispensary Owner
State question 812 is a constitutional amendment and it's a criminal justice reform bill that simply does the following. It releases prisoners from prisons and jails for possession of marijuana. It keeps people from going to jail for marijuana possession in the future and it expunges the records of those who have been convicted of marijuana offenses for possession in the state and the state has to pay for the expungement. It's pretty simple. Read more »Common Medical Marijuana Patient Problems
There are Common Medical Marijuana Patient Problems. I've come across a lot of medical marijuana patient license holders, who are under the impression that they can either, A, sell medical marijuana or their cannabis that they're cultivating under their patient license, or B, cultivating medical marijuana at another location, other than the location for which they're licensed to, other than the location that they put on their actual application. Those two things are huge no-no. Read more »State Question 813, Section 11: Parental/Grandparent Rights
According to State Question 813, Section 11: Parental/Grandparent Rights: No parent, stepparent, foster parent, guardian, or grandparent who has a medical marijuana license issued by the Oklahoma Medical Marijuana Authority, shall be denied custody, visitation, or parenting/grandparenting time with a minor child. No parent, stepparent, foster parent, guardian, or grandparent shall be denied custody, visitation or parenting/grandparenting time with a minor child for being an adult use marijuana consumer. We call adult use, others usually call it recreational. So there's a difference here, licensed medical marijuana patient, and adult user or consumer. Read more »What Are Medical Marijuana License Patient Employment Protections?
What Are Medical Marijuana License Patient Employment Protections? Well, lets look at what state question 813, section 10 says about Medical marijuana license patient employment protections. Number one, no employer/contractor operating a business within the state of Oklahoma shall test any employee/contractor or a potential employee/contractor for THC/medical marijuana, provided the employee/contractor or potential employee/contractor has a valid Oklahoma Medical Marijuana Authority patient license. What this means is you go to get tested for a new job. You show your card. They can't test you for THC. Read more »Could State Question 813 Fix the Oklahoma Medical Marijuana Program?
A patient licensed by the Oklahoma Medical Marijuana Authority shall have the right to grow their medical marijuana inside their home without unduly burdensome input, taxation, rules or regulations from the state, county, city township, municipality, or any other local governmental agency and/or entity. A patient licensed by the Oklahoma Medical Marijuana Authority shall have the right to grow their medicine, medical marijuana in their yard without unduly burdensome input, taxation, rules or regulations from the state, county, city, township, municipality, or any other local governmental agency and/or entity.
A patient licensed by the Oklahoma Medical Marijuana Authority shall have the right to have in their possession, in their home all medical marijuana flower, trim, shake, root ball, and leaves yielded from their home grow harvest without fear of being over the legal limit, providing they can provide proof that the medical marijuana is from their home grow, i.e., pictures or video evidence, absent evidence to the contrary by the State of Oklahoma or any law enforcement agency. Read more »Oklahoma State Question 812 Is the Decriminalization of Marijuana
The state of Oklahoma shall decriminalize marijuana/cannabis, marijuana paraphernalia, marijuana infused products and marijuana concentrates, marijuana concentrate smoking devices immediately upon the passage of this article. Upon the passage of this article, the Oklahoma Department of Correction shall immediately release any and all offenders serving time for the following cannabis/marijuana related offenses Read more »Is Your Oklahoma Medical Marijuana Business in Danger?
Are you a medical marijuana business owner in the state of Oklahoma? There was a Supreme Court opinion that was released on July 9th, and it may have some serious implications to your Medical Marijuana business. Read more »What Type of Disputes Take Place in a Corporation?
As a general rule, shareholders are required to have an annual meeting with the business to conduct business dealings. With that, multiple things could be brought up on the agenda for the shareholders. Let's say you have a situation where the majority shareholder of a business is basically forcing the minority shareholders to do something that could lead to a detriment of the business. There's plenty of case law on this. Let's say the majority shareholders are literally trying to have a hostile takeover of the corporation and force out all of the minority shareholders either because they don't have a controlling vote or maybe because they have a subordinate type of stock, what have you. Read more »The Gospel Behind Lawsuits and Suing Your Other Business Partners
We're going to talking about suing your business partners, the other members of the LLC, majority owners of a share of a corporation, or even board of directors for that matter, all in the same video. If you want to watch the particular steps of the other business structures, look at the previous videos. As a general matter, again, most of these situations are going to be prefaced with in-house negotiations or arbitrations what have you. Then from there, you'll be able to have that ability to actually file a lawsuit as a minority shareholder, or as a general member of an LLC. Read more »
