Isaiah N. Brydie, Esq.
Attorney for OMMA Applications, Renewals and Revocation Hearings
Under Oklahoma Medical Marijuana Authority (OMMA) rules, cannabis dispensaries must meet specific requirements for licensing. A dispensary license attorney can help you navigate the rapidly changing matrix of Oklahoma medical marijuana law.
The Basics of Dispensary Licensing
A medical marijuana dispensary, also described in OMMA rules as a “commercial dispensary,” “retailer” or “retail marijuana establishment,” is a consumer-facing commercial establishment serving medical marijuana patients directly under a commercial license. A medical marijuana commercial dispensary may only lawfully receive medical marijuana and medical cannabis products from licensed Oklahoma growers directly, or through licensed Oklahoma processors and transporters who in turn must obtain only Oklahoma sourced product.
Licenses are valid for only one year and must be renewed each year in accordance with OMMA rules.
Conditions for Dispensary License Applicants
Dispensary owners, as well as officers, investors, directors and stockholders of the related business must undergo criminal background checks in order to apply for a dispensary commercial license. Typical business rules allowing certain investors to remain undisclosed do not apply to businesses with ownership interests in dispensary operations licensed under the OMMA. All owners and officers must be disclosed for criminal background checks and residency confirmation.
The residency requirements for licensed businesses specifically require at least 75 percent of every business licensed under the OMMA to be owned by Oklahoma residents. Additionally, no owner may be under 25 years of age.
Additional OMMA Requirements for Licenses
An ordinary business license for the municipality is required. The latest rules require submission of a Certificate of Compliance documenting compliance other relevant requirements. For example, a dispensary must demonstrate compliance with local fire codes. The Certificate of Compliance must be submitted to the OMMA for each location that medical marijuana is stored, including storefronts and warehouses.
Dispensaries must also register with tax authorities and usually the Oklahoma Secretary of State. An additional licensing requirement for OMMA license holders is registration with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (OBNDD) before handling any medical marijuana products.
Dispensary license applicants may also seek a transporter license to transport medical marijuana or in order to have it transported on behalf of the dispensary by a licensed transporter agent. Physical transportation of medical marijuana requires both a transporter license as well a valid transporter agent license for the individual driver.
Licensee Operational and Reporting Requirements
Dispensaries are required to strictly manage, track and transport all medical marijuana and medical marijuana products with software and security measures sufficient to comply with Oklahoma statutes, rules and regulations. Medical marijuana may only be transported by licensed parties, including licensed transporter agents.
Electronic inventory management systems used by dispensaries must meet OMMA requirements. The systems must ensure thorough tracking of inventory, including detailed records on the chain of custody of all marijuana from “seed to sale” that shows the medical marijuana was grown, processed and transported only in the state of Oklahoma.
Compliance with certain monthly reporting requirements are a condition of licensing and license renewal under OMMA rules. Dispensaries are also required to submit monthly reports to Oklahoma Tax Commission as well. Additionally, record-keeping requirements for licensees include a duty to preserve certain detailed records for several years.
Dispensary License Requirements Are Ongoing
Licensees are subject to inspections and audits by Oklahoma medical marijuana authorities. Licensing authorities may also require individuals to be questioned in relation to licensing matters with as little as 24 hours notice. This notice is specifically for the purpose of allowing the interviewee to attend the interview with representation from an attorney.
Contact a Medical Marijuana Attorney
Applicants need help navigating the process of application and compliance with Oklahoma medical marijuana dispensary licensing rules under the OMMA. Call today for a free initial consultation with a medical marijuana dispensary license attorney in Oklahoma. Call OK Cannabis Law Office at (918) 932-2879.