Oklahoma Cannabis License Guidelines

Oklahoma Medical Marijuana Authority

Licensing and Enforcement Criteria

The Oklahoma Medical Marijuana Authority (OMMA) is the regulatory agency for Oklahoma’s medical marijuana program.

OMMA is responsible for processing commercial and patient cannabis license applications, providing customer service to licensees and applicants, facilitating the rulemaking process based on state statutes, enforcing the laws, and investigating possible violations of medical marijuana laws and more.

A licensed cannabis dispensary or licensed cannabis grower may not have a business within one thousand (1,000) feet of a public or private school. For a cannabis dispensary, the distance specified shall be measured in a straight line from the nearest property line of such public school or private school to the nearest perimeter wall of the licensed premise of such medical marijuana dispensary. For a cannabis grower, the distance specified shall be measured in a straight line from the nearest property line of such public school or private school to the nearest property line of the licensed premises of such medical marijuana commercial grower.

Documents must be provided establishing the applicant; the members, managers, board members if applicable; and seventy-five percent (75%) of the commercial applicant’s ownership interests are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act.

The Authority may perform two on-site inspections per calendar year of each licensed grower, processor, dispensary, or commercial transporter to determine, assess, and monitor compliance with applicable Oklahoma law and these Rules or ensure qualifications for licensure.

Oregon Cannabis Law & Compliance

Several laws and ordinances regulate the Oklahoma legal cannabis industry, as well as the many different steps in the supply chain. These laws range over dispositions for cultivators, manufacturers, distributors and retail dispensaries. The most recent news can be found on these websites:

FAQs

What are the basic requirements to be eligible to apply for a medical marijuana grower license?

HB 3208, passed by the Oklahoma Legislature and signed by the Governor, put a moratorium in place on new grower licenses beginning Aug. 26, 2022. The moratorium lasts until Aug. 1, 2024, or earlier under certain conditions. Requirements for ownership remain the same for anyone renewing a grower license, and for new owners of a license during a transfer of license ownership.

  • Applicants must be 25 or older.
  • Individual applicants must be Oklahoma residents.
  • Members, managers, and board members of entity applicants must all be Oklahoma residents.
  • Entities must show that at least 75% ownership held by an Oklahoma resident
  • All owners and officers must provide a background check; nonviolent felony convictions in the last two years and any other felony conviction in the last five years for any owner will disqualify the applicant.
  • Unless the business entity is a sole proprietorship or general partnership, the applying entity must submit a copy of the Oklahoma Secretary of State’s certificate of good standing document. For more information, visit the Secretary of State’s website.
  • Applicants must supply a Certificate of Compliance for their business location.
  • Applicants must provide proof that they are not within 1,000 feet of any entrance to any public or private school.
  • Proof of identity can be established by providing a digital, color copy of one of the following unexpired, valid documents:
    • Oklahoma driver’s license (front)
    • Oklahoma identification card (front)
    • U.S. passport or other photo identification issued by the U.S. government
    • Tribal identification card approved for identification purposes by the Oklahoma Department of Public Safety:            
      • U.S. Bureau of Indian Affairs identification card or Oklahoma tribal photo identification cards: Muscogee (Creek) Nation of Oklahoma, Kiowa, Comanche, Apache of Oklahoma, Absentee Shawnee, Cheyenne-Arapaho, Choctaw, Delaware, Caddo Nation of Oklahoma issued on or after Jan. 8, 2008.
  • Oklahoma residency can be established by providing a digital, color copy of a combination of the following documents that provide proof of Oklahoma residency for the duration of the 2 or 5 years:
    • Oklahoma driver’s license (front)
    • Oklahoma identification card (front)
    • Utility bills, excluding cellular telephone and internet bills
    • A residential property deed to property in the State of Oklahoma
    • A current rental agreement for residential property located in the State of Oklahoma
    • State of Oklahoma tax returns
    • Other documentation deemed sufficient by OMMA

Each owner will need to supply an Affidavit of Lawful Presence Form and supporting documentation if they are not a U.S. citizen.

What if my legal business name is different from my trade name/DBA?

If you have a trade name/Doing Business As (DBA) that is different than your entity name, it must be listed on your application. For example, you cannot have a license under the name “Legal MMJ Co” and have a storefront sign that ID’s your business as “MMJ Plus.”

If you are not in the application process but do not have your trade name/DBA on file, you can update it through your business’s licensing portal.

Your physical address needs to match the one that OMMA has on file for your location. Your license is tied to this location.

What information and documentation do I need to provide in my dispensary license application?

Please follow this link for a four page Commercial License Application Checklist.

Can dispensaries sell their own products?

Yes – for example, a dispensary can use flower, shake, or trim to make pre-rolls (up to 1 gram in net weight). But as with all medical marijuana and medical marijuana products, anything a dispensary sells must comply with OMMA’s testing guidelines. Using the same pre-roll example, a dispensary making pre-rolls out of a single harvest batch that has already been tested would not need further compliance testing on the pre-rolls. But if a dispensary makes pre-rolls out of multiple harvest batches, the pre-rolls need a new compliance test before sale.

Do I need to submit a separate license application for each location of my business?

Yes, separate licenses are required for each location. A separate application and non-refundable application fee for each location is required. You also will need to submit a separate application and non-refundable application fee for each license type (processor, grower, dispensary, etc.).

You may use the same background check for multiple license applications as long as the background check was completed within 30 days of the application submission date.

What is the difference between a commercial transporter license, transporter license, and transporter agent license?

A transporter license is issued simultaneously with commercial grower, processor, dispensary and laboratory licenses. It allows those licensees, through their licensed transport agents, to transport their own medical marijuana and medical marijuana products. Commercial licensees use their business account to apply on behalf of their employees for OMMA-issued transporter agent licenses. Anyone driving a vehicle transporting products between licensed businesses must have a transporter agent license identification card in their possession.

Can testing laboratories transport medical cannabis?

A transporter license is issued simultaneously with commercial grower, processor, dispensary and laboratory licenses. It allows those licensees, through their licensed transport agents, to transport their own medical marijuana and medical marijuana products. Commercial licensees use their business account to apply on behalf of their employees for OMMA-issued transporter agent licenses. Anyone driving a vehicle transporting products between licensed businesses must have a transporter agent license identification card in their possession.

Oklahoma Cannabis License Types

Grower

A medical marijuana grower license allows a business to legally grow marijuana for medical purposes in Oklahoma. Licensed growers can only sell to licensed processors, dispensaries and other growers.

The nonrefundable application fee is $2,500.

Dispensary

A medical marijuana dispensary license allows a business to legally sell medical marijuana and medical marijuana products, including mature plants and seedlings. Licensed dispensaries can only sell to other licensed dispensaries or patient license holders, caregiver license holders, research license holders, and the parent or legal guardian named on a minor patient’s license.

The nonrefundable application fee is $2,500.

Processor

A medical marijuana processor license allows a business to legally process marijuana for medical purposes in Oklahoma. Licensed processors can sell to licensed dispensaries and other licensed processors. Licensed processors may also process marijuana into a concentrated form for a patient license holder for a fee. 

Processors will receive either a hazardous processor license or a non-hazardous processor license based on the type of chemicals the processor will be used in the extraction process in accordance with OMMA rules

The nonrefundable application fee is $2,500.

Transporter

A medical marijuana commercial transporter license is a standalone license allowing the licensee, through its licensed transporter agents, to transport medical marijuana and medical marijuana products between other licensed businesses.

Transporter licensees may not grow, process or sell their own medical marijuana – only transport other licensed businesses’ products.

The nonrefundable application fee is $2,500.

Transporter Agent

A medical marijuana commercial transporter agent license is required for agents, employees, officers, or owners of a commercial transporter, grower, processor, or dispensary to transport medical marijuana, medical marijuana concentrate, or medical marijuana products.

Transporter agent licenses allow a business holding a transporter license to transport medical marijuana and medical marijuana products to other commercial licensees via its transporter agents. Transporter agents must submit an employment verification form verifying their employment with the licensed transporter when applying for a transporter agent license.

Commercial licensees must notify OMMA within 14 days when a transporter agent no longer works for them as an agent.

The nonrefundable application fee is $25. A separate application and fee is required for each agent license.

Laboratory

A testing laboratory license allows a laboratory testing facility to analyze harvested and processed medical-use marijuana for the presence of harmful contaminants. Licensed labs may charge fees to other commercial licensees for compliance testing.

As a condition of licensure, all applicants must show documentation of accreditation to ISO 17025 standards by an accreditation body like the ANSI/ASQ National Accreditation Board (ANAB), American Association for Laboratory Accreditation (A2LA), Perry Johnson Laboratory Accreditation (PJLA), International Accreditation Service (IAS), or COLA.

Laboratories will only be permitted to report test results generated in their laboratory from methods for which they possess accreditation.

The nonrefundable application fee is $2,500.

Waste Disposal Facility

A medical marijuana waste disposal facility license authorizes the licensee to dispose of medical marijuana. The waste disposal facility license also authorizes licensees to transport medical marijuana waste.

Once licenses are granted, licensed entities may apply for waste disposal facility permits for additional locations.

A submitted application does NOT guarantee a license will be granted, even if the applicant meets the minimum requirements.

To be eligible for a waste disposal facility license, applicants MUST have a current permit from the Oklahoma Department of Environmental Quality. Applicants must also meet all the minimum requirements listed below to be considered.

Owners and officers must pass a background check. Waste facilities must provide proof the nearest perimeter wall is not within 1,000 feet of the property line for any public or private school.

The non-refundable application fee is $5,000.

Research

A research facility license authorizes the licensee to grow, cultivate, possess, and transfer to other licensed research facilities and licensed testing laboratories, by sale or donation, marijuana for the limited research purposes approved in the application. Other important things to note:

  • Every applicant must supply a project description in the application.
  • Biomedical and clinical regulations subject to federal regulations and institutional oversight are NOT subject to OMMA licensure or regulations.
  • Research facility applicants, if a private business, must supply information on ownership.
  • Research facility applicants who are using public funds or working with public institutions must provide information and documentation of their involvement and meet additional criteria.

The nonrefundable application fee is $500.

Education

An education facility license authorizes the licensee to provide training and education to people involving the cultivation, growing, harvesting, curing, preparing, packaging or testing of medical marijuana, or the production, manufacture, extraction, processing, packaging or creation of medical-marijuana-infused products or medical marijuana products for the limited education and research purposes approved in the application. Education facility licensees are authorized to transfer, by sale or donation, medical marijuana grown within its operation to licensed research licensees, and to transfer to licensed testing laboratories.

  • Every applicant must supply a project description in the application.
  • Biomedical and clinical regulations subject to federal regulations and institutional oversight are NOT subject to OMMA licensure or regulations.
  • By law, education facility applicants MUST be a non-profit and are required to provide non-profit registration with the application.
  • Education facility applicants who are using public funds or working with public institutions must provide information and documentation of their involvement and meet additional criteria.

The nonrefundable application fee is $500.

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