Pre-Pack Preparation
The Oklahoma Medical Marijuana Authority is working diligently to implement House Bill 3361 from the 2024 legislative session. The law goes into effect June 1, 2025, and requires all medical marijuana and medical marijuana products, except concentrates, be sold in pre-packaged quantities between 0.5 grams and 3 ounces.
Below, you will find some FAQs from licensed patients and commercial licensees surrounding the pre-pack mandate.
Q: Why do businesses have to pre-package medical marijuana and medical marijuana products beginning June 1, 2025?
A: House Bill 3361 was authored by Rep. T.J. Marti and Sen. Bill Coleman and signed into law by Gov. Kevin Stitt during the 2024 legislative session. The law requires all medical marijuana and medical marijuana products, except concentrates, be sold in pre-packaged quantities between 0.5 grams and 3 ounces.
Q: What types of medical marijuana and medical marijuana products have to be pre-packaged?
A: According to House Bill 3361, all medical marijuana flower, trim, shake, kief, medical marijuana products or other flower-based products that aren't considered concentrate must be sold in pre-packaged form. Products must be sold by licensed processors and growers to licensed dispensaries in pre-packaged quantities between 0.5 grams and 3 ounces.
Q: Does pre-packaging have to be opaque?
A: According to House Bill 3361, non-opaque materials may be used when packaging medical marijuana flower provided all other state packaging and labeling requirements are met and it is placed in an opaque container before leaving a dispensary.
Q: Will there be a grace period to sell deli-style inventory?
A: Pursuant to House Bill 3361, all medical marijuana and medical marijuana products sent to a dispensary on or after June 1, 2025, must be pre-packaged. However, if a dispensary accepted deli-style flower into its inventory before June 1, 2025, they may continue to sell it until they run out.
Please note OMMA is monitoring House Bill 2807 from the current legislative session. House Bill 2807 contains potential changes to pre-pack, including a Nov. 1, 2025, deadline for sales of deli-style flower. OMMA will be ready to implement any changes from the bill or any changes made by lawmakers to our rules regarding pre-pack.
Q: Do medical marijuana lab testing samples have to be pre-packaged before they are sent for testing?
A: No, the pre-packaging requirements only apply to medical marijuana and/or medical marijuana product transferred to dispensaries. It’s the decision of the business whether or not the sample is pre-packaged before it’s sent for testing.
Q: Can pre-packaging be opened at a dispensary, and if so, under what circumstances?
A: Pre-packaging must be tamper-evident and remain sealed and unopened with a few exceptions. Dispensaries may open pre-packaged medical marijuana to display samples, which allow patients to see and smell medical marijuana before purchase or to create non-infused pre-rolls.
Q: Can a patient still see and smell medical marijuana?
A: Yes, dispensaries can still display samples of medical marijuana in display cases, jars or containers to allow medical marijuana patients and caregivers to smell the various strains sold by a dispensary.
Q: When will there be final language for pre-packaging?
A: The proposed permanent rules are published on the public comment page and contain the most recently updated language regarding pre-packaging. OMMA will promulgate and publish details about emergency rules that will go into effect before the bill’s effective date of June 1, 2025. If there are no changes to the pre-packaging statute during this legislative session, the emergency rules will be largely identical to the proposed permanent rules submitted to the Legislature and Governor. Any and all changes to current OMMA rules will be updated on our website and shared with licensees.
Q: Do growers or processors have to test before flower is packaged — and is there a separate test for eighths and quarters or just one test per each 15-pound harvest batch that can be used for any size packaging?
A: The licensee must make a batch that is compliant with the size limits defined in statute and OMMA rules. The licensee must then send a representative sample of the batch to a testing lab. It’s the decision of the business whether or not the sample is pre-packaged before it’s sent for testing.
Q: Can a business return medical marijuana and medical marijuana products back to the business they purchased from?
A: The rejection or return of all medical marijuana or medical marijuana products must be reported in Metrc. It is the obligation of a medical marijuana business to reject any delivery of medical marijuana or medical marijuana products that are not properly packaged and labeled in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and OMMA regulations. OAC 442:10-7-1(a). A business should immediately inspect deliveries when physically received and either reject or accept the deliveries into their Metrc inventory at that time. OMMA's proposed permanent rules clarify that medical marijuana or medical marijuana products rejected at the time of physical delivery, before the receiving party digitally accepts them in Metrc, are not classified as medical marijuana waste. (OAC 442:10-3-6(i)(2)).
Medical marijuana businesses that have accepted medical marijuana into their Metrc inventory for pre-packaging purposes may transfer such products to the original commercial medical marijuana grower consistent with 63 O.S. § 431.1 and OAC 442:10-7-1(b). All transfers must be accurately documented in Metrc. Commercial medical marijuana growers are prohibited from making, selling, transferring, or otherwise obtaining medical marijuana products with the exception of packaging and selling non-infused pre-rolls and kief in accordance with OMMA rules. OAC 442:10-5-16(r).
Please review this Metrc Support Bulletin for more details.
Q: As a patient, can I return medical marijuana and marijuana products after opening the pre-packaging?
A: If you feel a product is not suitable for consumption or use after opening the pre-packaging, contact the dispensary you purchased from to discuss returning the product to them. Please review this Metrc Support Bulletin for more details.
Q: Why will pre-packaged medical marijuana be tracked by weight rather than by count?
A: Tracking of medical marijuana and medical marijuana products in the state inventory tracking system is based on weight. A weight-based system over a count-based system simplifies data entry for licensees. Please review this Metrc Support Bulletin for more details.
