Medical cannabis has been legal in Oklahoma since April, 2015, when House Bill 2154 legalized the sale of CBD oil with less than .3% THC. It wasn’t until June 2018 that voters approved State Question 788 legalizing the possession and use of marijuana for medical patients.
Oklahoma launched the Oklahoma Medical Marijuana Authority, implemented a regulatory scheme and began licensing growers, processors, and dispensaries by late August 25 of 2018.
A measure known as the “unity bill” which was supported by various factions of the cannabis industry received bipartisan support in the state House and Senate and was signed into law in March of 2019.
The new law includes guidelines for inventory testing and tracking, advertising, packaging and labeling, and other provisions. Under the measure, products will be tested for pesticides, THC, terpenoid potency and heavy metals. It also prohibits producers from using images on packaging other than their business name logos and product images, and specifies that packaging must include a universal THC symbol and state the potency of the product.
Most importantly, the bill now requires the state to implement a seed-to-sale system for tracking batch numbers, product types, sales details, and other inventory information.
Oklahoma Cannabis Business Licensing Information
Application information and requirements for licenses are available at omma.ok.gov.
The Oklahoma State Department of Health established the Oklahoma Medical Marijuana Authority (OMMA) to oversee the medical marijuana program. This office receives all licensing applications related to medical marijuana, including patients, caregivers, growers, processors, dispensaries, and researchers.
Oklahoma law places no limit for the number of licenses that can be held by any entity or individual. Each dispensary location must have a separate license. However, you may use the same background check of owners for multiple license applications. If multiple licenses are owned by one entity, they must be registered under a special status with the OBNDD.
As of March 11, state regulators had approved licenses for 1,109 dispensaries, 1,972 growers and 553 processors. At that time, a total of 63,647 patients had qualified to for access to medical marijuana.
Once the application has been submitted, it will be reviewed by the OMMA. If it is deemed complete and meets all requirements, an approval letter with your license will be mailed within 14 days of the application submission date.
If an application is incomplete due to unclear or missing information or documents, you will receive email correspondence letting you know what information is missing and you’ll be able to log into your account to make corrections.
If an application is reviewed and denied because all requirements have not been met, a denial letter stating the reason(s) for denial will be mailed within 14 days of submission.
Licenses are valid for one year from the date issued, unless the license is revoked by OMMA. A license may be renewed before it expires.
Applications and payment will be collected at omma.ok.gov. Applicants must pay a non-refundable fee of $2,500 via Visa, MasterCard, or Discover credit or debit card. An additional credit card processing fee will be added to the transaction. The application fee will not be refunded for applications not approved.
Licensees are required to be registered with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD).
Basic Requirements
Applicants for commercial licenses must meet the following basic requirements:
- 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.
- 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 Oklahoma Secretary of State at www.sos.ok.gov.
- All owners 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.
- Dispensaries must provide proof that they are not within 1,000 feet of any entrance to any public or private school.
- Each owner will need to supply an Affidavit of Lawful Presence Form and supporting documentation if he or she is not a U.S. citizen.
- All medical marijuana operations must be at least 75% owned by an Oklahoma resident.
For a detailed list of all required documents and information, OMMA has provided a Commercial License Checklist.
Background Checks
Prior to issuance of any dispensary, grower, or processor license, applicants must undergo an Oklahoma state criminal history background check within thirty days prior to the application for the license.
Steps complete a background check:
- Follow the link provided to the Oklahoma State Bureau of Investigation to conduct your background check.
- Once there you will need to follow the instructions, fill out the form and submit it. In the Type of Search Requested box you will select Name Based.
- After you receive your completed background check form from the OSBI you will need to upload it as part of your application process. This can be done through OMMA application web address.
- Should you be deemed not eligible due to a disqualifying felony conviction, you will receive notification from the Oklahoma Medical Marijuana Authority.
Distance From Schools
Title 63 O.S. § 425(G) prohibits medical marijuana dispensaries from operating within one thousand (1,000) feet of public or private schools. Applicants for a dispensary license must attest and submit supporting documentation which demonstrates the premises of a potential business site will be 1,000 feet from any public or private school.
This distance is measured by the straight-line (shortest) distance from the nearest point of the location of the dispensary to any entrance of a school. It is not measured by walking or driving distance.
Any school building that holds classes or activities for students, such as field houses or agriculture buildings, is included in this restriction.
It is the responsibility of the applicant/licensee to ensure the dispensary is not within 1,000 feet of any applicable school building entrance. Applicants with questions about schools near their location may want to contact the local school district. Applicants are encouraged to review the Proof of Distance from a School document and use multiple tools and resources to ensure compliance with this requirement.
If this distance is less than 1,000 feet, the dispensary application will be denied and the application fee will not be refunded.
Proof of Location
Commercial license applicants will be asked to provide Global Positioning System (GPS) Coordinates of their location. The purpose of providing the coordinates is to provide a consistent way of documenting the location of licensed medical marijuana sites.
Licensee Change Requests
Commercial licensees who wish to update contact information, location, and/or ownership information may now do so through the OMMA application portal. Submit a change request by logging into the OMMA application portal and selecting “Create New Application” and then “Business License Update.” You will then select the “Create Application” button to fill out and submit the update request.
OMMA will respond with a request for more information or an approval/denial. Incomplete or improperly submitted requests will be rejected. Changes that affect a licensee’s qualifications for licensure may result in the loss of license.
Surrender of License
Licensees who want to voluntarily surrender their license may do so by completing the form available at the link below and returning their license to OMMA.
Business Licensees: Surrender of License Form and Instructions
Oklahoma Medical Cannabis Regulatory Requirements
The Oklahoma Department of Health will have oversight and auditing powers over all of Oklahoma’s commercial medical marijuana operations. Oklahoma cannabis regulations can be found here:
Regulations specific to each type of license can be found in these sections:
- Oklahoma Medical Marijuana Grower Regulations - Licensed growers must comply with Title 63 O.S. § 420A et seq. and the Oklahoma Administrative Code (OAC) 310:681.
- Oklahoma Medical marijuana Processor Regulations - Licensed processors must comply with Title 63 O.S. § 420A et seq. and the Oklahoma Administrative Code (OAC) 310:681.
- Oklahoma Medical Marijuana Dispensary Regulations - Licensed dispensaries must comply with Title 63 O.S. § 420A et seq. and the Oklahoma Administrative Code (OAC) 310:681.
- Oklahoma Medical Marijuana Transportation Regulations - Licensed transporters must comply with Title 63 O.S. § 420A et seq. and the Oklahoma Administrative Code (OAC) 310:681.
Monthly Reporting
The OMMA developed a monthly reporting template that must be submitted on the 15th day of every month. The monthly reporting template includes:
- Weight of cannabis purchased at wholesale, tracked by batch numbers
- Weight of cannabis sold to patients, tracked by batch numbers
- Accounting for any waste or destroyed products
- Total sales in dollars
- Tax collected in dollars
- Tax due in dollars
All records must be maintained for at least seven years after the date of recording. These records must be accessible to auditors within 15 days of being requested.
Failure to submit a monthly report and correct this deficiency within 30 days of written notice from OMMA will result in license revocation.
A dispensary will be subjected to penalties for non-patient sales and/or gross discrepancies in inventory tracking that cannot be explained. The first offence will come with a fee of $5,000 and a second offense (in a two-year period) will result in a revocation of license.
All questions regarding monthly reporting should be directed to OMMACompliance@ok.gov.
Department of Agriculture Licensing
Commercial licensees may be required to obtain a nursery grower and/or dealer license from the Oklahoma Department of Agriculture. Visit the Oklahoma Department of Agriculture website or call 405-522-5971 for more information regarding the requirements and process for submitting applications.
Sales Tax Permits
Sales tax permits must be obtained after OMMA issues a commercial entity license. Note that dispensaries will be required to report two sources of tax to the Oklahoma Tax Commission: sales tax and the 7% gross receipts tax. For more information, visit the Oklahoma Tax Commission website or call (405) 521-3160.
Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD) Registration
Grower, Processor, and Dispensary applicants must register with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD) after receiving a license from OMMA. See 63 O.S. §§ 2-101 & 2-302.
This is required by law before any medical marijuana or medical marijuana products are present at the business.See OAC 475:10-1-9(a).
- Drug Enforcement Agency (DEA) registration is not required for OBNDD registration.
- Growers and Processors should register with OBNDD under the “Manufacturer” category.*
- Dispensaries should register with OBNDD under the “Distributor” category.*
- Individual growers are not required to register. Registration is required by the name of a business, not by the name of the owner.
*IMPORTANT NOTE: Businesses with multiple licenses at multiple sites and/or multiple license types should contact OBNDD to determine the correct registration process. Depending on the specific situation of the business, the necessary registration type may differ from what is noted above.
For more information, contact the OBNDD registration department at (405) 521-2885 or visit the OBNDD Registration Website.
Food Licensing: Information for Dispensaries and Processors
Dispensaries and processors licensed by the Oklahoma Medical Marijuana Authority (OMMA) are required to obtain a food license if they produce or sell any edible medical marijuana products. This license is not obtained through OMMA. For information on how to obtain your food license, please review the Food Licensing Fact Sheet or visit: food.health.ok.gov.
Food Safety Standards Board
Governor Fallin signed the Food Safety Standards Board rules on December 20, 2018. These added rules within 310:681-5-8.1. Food Safety Standards for Processors, which are available at the link below. To view the full emergency rules, please visit the “Rules and Regulations” page. For more information about the new requirements, please visit the “Food Safety Standards Board” page.
Food Safety Standards Notices
- Food Safety Standards Board Draft Rule Language 8/24/18
- Food Safety Standards Board Recommendations 08/15/18
- Recording of 8/24 Food Safety Standards Board Meeting
- Recording of 8/15 Food Safety Standards Board Meeting
- Recording of 8/14 Morning Session of Food Safety Standards Board
- Recording of 8/14 Midday and Afternoon Sessions of Food Safety Standards Board
Federal Rules
Oklahoma Department of Health Rules
- Food Establishments Oklahoma Administrative Code - OAC 310:257
- Good Manufacturing Practice Regulations Oklahoma Administrative Code - OAC 310:260
Department of Environmental Quality Rules
Oklahoma Bureau of Narcotics Rules:
Additional Documentation:
- Text of State Question 788
- Public Comments Received on Draft of Emergency Rules
- Public Comments Received for Draft Emergency Rules from Interagency Partners
- Public Comment Attachments - Zip file (contains letters and documents)
License Forms and Documents
-
Rules & Regulations
- Ownership Disclosure Form
- Proof of Location Using GPS Coordinates
- Proof of Distance from A School
- Commercial License application checklist
- Background Check Requirements
- Business Licensees: Surrender of License Form and Instructions
Reporting Forms
-
Monthly Reporting Forms
- Monthly Reporting Template
- Monthly Reporting Instructions
- Monthly Reporting Deadlines
Contact Information
The Oklahoma Medical Marijuana Authority
- Phone: (405) 522-6662
- Hours: Mondays through Fridays from 8:30 a.m. to 5 p.m.
- Help is available at http://omma.ok.gov/help
