UPDATE: OMMA Monitors DEA Rescheduling Status, Shares Recently Filed Lawsuit

OKLAHOMA CITY, OK — Last month, acting U.S. Attorney General Todd Blanche issued a final rule to reclassify certain medical marijuana products from Schedule I, which is federally illegal, to Schedule III, a lower drug classification.

Following the issuance of the rule, Smart Approaches to Marijuana (SAM) and the National Drug and Alcohol Screening Association (NDASA) filed a petition on Monday, requesting that the U.S. Court of Appeals for the District of Columbia Circuit review and set aside the rule, alleging that it violates federal rulemaking requirements and exceeds the authority of the U.S. Attorney General. 

The Oklahoma Medical Marijuana Authority (OMMA) is monitoring developments and addressing common questions regarding federal changes and potential impacts on OMMA licensees. While this information is fact-based, it is not a substitute for legal guidance or direct consultation with the Drug Enforcement Administration (DEA) or the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBN). This release is intended to direct licensees to specific sections of the federal final rule that may assist with operational decision-making.

All information is subject to change pending updates from the SAM/NDASA petition or further guidance from the federal government, DEA or OBN. 

“This is an evolving federal conversation, but our focus remains the same: protecting patient health and safety and responsibly regulating the industry,” said OMMA Executive Director Adria Berry. “These announcements have created a lot of questions, but very few answers have been received. OMMA will continue to relay information as released by the DEA and federal government, but, ultimately, we encourage licensees to seek professional counsel as they determine the best decisions for their business.”

I’ve only seen guidance issued for dispensaries. What action should other commercial license types and patients take?

So far, the DEA has only released instructions for dispensaries. Additional analysis is necessary to understand how the rule could impact OMMA-licensed patients and other commercial business types. Licensees should follow all guidance released by the U.S. Attorney General, the DEA, OBN and any other appropriate licensing and regulatory authorities.

Will OMMA issue emergency rules to reflect the federal changes?

At this time, OMMA’s regulatory and licensing requirements and rules remain unchanged. The federal rule does not, by itself, amend Oklahoma law or automatically require rule changes. Any future OMMA rule changes would proceed through Oklahoma's rulemaking process and applicable state law.

All OMMA-licensed businesses must continue to adhere to existing state regulatory requirements.

Will OMMA issue further guidance for licensed businesses and patients about the reclassification or DEA registration?

Answer: As a courtesy, the agency will continue to relay any updates received from the DEA to help the industry and patients stay informed. Licensees should follow all guidance released by the federal government, the U.S. Attorney General, the DEA and OBN.

The final rule by the DOJ/DEA adds a new warning label requirement to medical marijuana packaging. What guidance should commercial licensees follow regarding the new requirement?

Medical marijuana businesses in Oklahoma must continue to adhere to packaging/labeling requirements defined by state statute and OMMA rules. We encourage businesses to review all applicable rules and regulations and seek counsel when making packaging and labeling decisions for their operations.

Are medical marijuana businesses still subject to federal tax provision 280E, which prohibits those businesses from deducting common business expenses and operating costs?

According to the DOJ/DEA final rule, “state licensees will no longer be subject to the deduction disallowance imposed by Section 280E of the Internal Revenue Code;” however, “nothing in this rule constitutes a determination regarding federal tax liability, and qualifying state licensees should consult with tax counsel regarding the applicability of Section 280E to their specific circumstances.”

Oklahoma has a law that allows for interstate commerce if the federal government legalizes cannabis. Does the final rule open the borders for interstate commerce?

The DEA has not given clear guidance to states like Oklahoma about the future of interstate commerce. 

This release clarifies commonly asked questions and emphasizes that this reclassification is being implemented and enforced by the federal government, not OMMA. The information, while fact-based, is subject to change and is not a substitute for legal guidance. 

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