Getting a medical marijuana dispensary license in Oklahoma has very specific requirements. Medical marijuana has been legal in the state of Oklahoma since April 2015. Since the law was passed there has been a rush to open up dispensaries and grows throughout the state. With this rush medical marijuana laws have evolved to meet the new demand and other challenges. In Oklahoma, the Medical Marijuana Authority (“OMMA”) oversees its medical marijuana program. It is responsible for licensing, regulating, and administering the program in accordance with state law.
Okla. Medical Marijuana License Types
Oklahoma has three types of commercial cannabis licenses available: grower, processor, and dispensary. If you are granted a medical marijuana dispensary license, you must register it with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (“OBNDD”). You must complete this registration before any medical marijuana, or medical marijuana products are present at your business.
The rules do not limit the number of licenses a person or entity can apply for and receive. Each dispensary location, however, must have a separate license. If one entity has multiple licenses, it must register with the OBNDD under a special status. Our business law attorneys understand the rules and how to implement them while keeping you in compliance.
Commercial License Requirements
A commercial license applicant must be at least 25 years old, be an Oklahoma resident with proof of residency, and have a certificate of good standing from the state. Any medical marijuana operation must be 75% owned by an Oklahoma resident, and members (such as board members) of entity applicants must all be Oklahoma residents. If you had a nonviolent felony conviction in the last two years or any other felony conviction in the last five years, then you are disqualified.
Before being issued a license, the law requires you to undergo an Oklahoma state background check. You must get it no more than thirty days before your license application.
Additional Marijuana Dispensary License Regulations
There are many things to consider when you open a marijuana business. Oklahoma law prohibits medical marijuana dispensaries from operating within 1,000 feet of public or private schools. When applying, you must submit documents showing that the premises of the potential dispensary location will be 1,000 feet from any public or private school.
There is a fee application of $2,500, which is non-refundable, even if the application is ultimately rejected. Once you pay the application fee, the application is submitted to be reviewed by the OMMA. If the application is complete and meets all the requirements, then OMMA will send you an approval letter with your license. On the other hand, if the application is incomplete or is missing information or documents, OMMA will send an email to you letting you know what information is missing so that you can make corrections. Applications deemed complete are typically approved or denied within 14 days of the submission date. If your application was approved, your license is valid for one year from the date of issuance.
You must make monthly reports once your dispensary is up and running. OMMA developed a monthly reporting template that you must submit on the 15th day of every month. Some of the reporting consists of total sales in dollars, tax collected in dollars, tax due in dollars, the weight of cannabis purchased at wholesale, and cannabis sold to patients. All reporting records must be maintained for at least seven years. If you fail to comply with reporting requirements, OMMA will send you a written notice of any discrepancies. Failure to correct any discrepancies might result in license revocation.
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Oklahoma Marijuana Lawyers Near You
If you or someone you know is thinking of starting your own business or opening a marijuana dispensary or grow operation, contact a medical marijuana dispensary license attorney to help you through the process. From choosing the right business structure, preparing business contracts to defend complaints against your license, and more, our Tulsa business attorneys can help. The marijuana dispensary business sector is complex and would be easier to navigate if you had expert legal knowledge helping you maintain a compliant business. Kania Law Office is well prepared to help you pursue your goals and objectives in the marijuana industry. Feel free to contact the Tulsa marijuana attorneys at Kania Law Office by calling (918) 743-2233 or contacting us online.