Isaiah N. Brydie, Esq.
Legal Representation for Cannabis Processors
Processing cannabis grown in Oklahoma for sale at medical marijuana dispensaries requires a processors license issued by the Oklahoma Medical Marijuana Authority (OMMA). A cannabis processors attorney can help you comply with Oklahoma’s complex legal requirements for producers who process marijuana into concentrates and food products.
Marijuana Processing Licenses – The Basics
A business or individual processing cannabis grown lawfully by another party in Oklahoma is classified as a “Medical Marijuana Business” requiring a “commercial license.” Processors include, but are not limited to, any business that generates THC and CBD concentrates from cannabis, businesses creating edible cannabis products and businesses packaging medical marijuana flower or products for sale at a dispensary.
Processors may only sell or transfer medical marijuana to licensed Oklahoma processors and dispensaries. Processors may only purchase from growers licensed to grow in Oklahoma. Grower licenses are valid for twelve months and must be renewed annually under OMMA rules.
Requirements for Processor License Applicants
Medical marijuana processors, including any business engaged in or investing in a processing operation, including its officers, investors, directors and stockholders of the related business, will undergo criminal background checks in order to apply for a processor license. Investors are not protected from disclosure as is typical with certain business entity structures. The OMMA requires all processors and their owners and investors be disclosed for both criminal background checks as well as residency confirmation.
The residency requirement for a processor license business dictates that at least 75 percent of the business be owned by Oklahoma residents. The rules contain an age requirement for owners as well, stating that no owner may be under the age of 25 years old.
Yet More OMMA Rules for Licenses
Processors typically are required to also obtain a municipal business license. The rules now require for each site where medical marijuana is stored or processed that an additional Certificate of Compliance be submitted to the OMMA in association with the license. The Certificate of Compliance serves as proof that all other state and municipal licensing, zoning and safety requirements are met.
Processors must also register with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (OBNDD) as a precondition for handling medical marijuana.
Processor license applicants may — and typically do — also apply for a transporter license to move marijuana from grow sites to processing sites or storage sites, and from there to dispensaries. To have individuals hired by processors to do such transporting also requires a transport license. Transport of medical marijuana requires both a transporter license and a valid transporter agent license for drivers.
Processor Operation and Reporting Requirements for Licenses
Processors are required to strictly manage, track and transport all medical marijuana or medical marijuana products with software and security measures sufficient to comply with the rules and regulations. All marijuana moved from a grower to a processor or to a dispensary requires unique identification along with a manifest.
The chain of custody must be tracked through all steps. Specific requirements for manifests are set forth for both receiving parties and sending parties, with processors handling both in the course of business. Specific security measures are required for licensee that include, among other things, facility access security measure requirements and location restrictions.
Processors are required to engage in monthly reporting to both the OMMA and tax authorities to comply with licensing rules. Processors must keep records for three years or longer.
Safety and Testing Requirements for Processors
Processors must test their processed medical marijuana products for potency, contaminants and to identify other information about the processed medical marijuana. Medical marijuana products that do not meet safety standards must be destroyed and disposed of in accordance with regulations.
All processor facilities are subject to inspection by Oklahoma medical marijuana authorities. Individuals associated with licensed processors may be questioned with 24 hours notice to seek legal representation for the interviewee.
Consult a Medical Marijuana Lawyer
Processing applicants and licensees need help with the legal aspects of application and compliance with Oklahoma medical marijuana processing license rules under the OMMA. Contact OK Cannabis Law Office for a free initial consult with a medical marijuana attorney today. Call (918) 932-2879.