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Attention:

If you applied for or received your initial OMMA business license before August 30, 2019, and your renewal application has been rejected for failure to meet the 2-year/5-year residency requirements, please submit your application. 

Rules & Regulations

Updates

  • The public comment period for OMMA proposed amendments closed at 5 p.m. on Dec. 1.
  • Listen to the recording of the public comment hearing here.
  • Click here to view more information on our proposed amendments, the meeting notice, and the public comment period. 

We have new emergency rules that went into effect November 23, 2021. Click below to see some of the rule changes that pertain to your license type. This is not an exhaustive list, however. To read the entire emergency rules document, click the full rules document in the 11/23/2021 row.

• Oklahoma voter IDs will no longer be accepted as proof of residency. OAC 310:681-1-6 (a)(3)
• Resubmitted application with continued errors that are not clerical or typographical in nature will be denied. OAC 310:681-5-3(f)

• If your physician terminates their recommendation, your license will be immediately null and void without the right to an individual proceeding. OAC 310:681-2-5(i)(1)
• Patients may request a license reprint, with the associated fee of $20.00, if the physical license is lost, destroyed, or misplaced. OAC 310:681-2-5(k)

• Must be in “good standing” with the State Board of Medical Licensure and Supervision or the State Board of Osteopathic Examiners. OAC 310:681-1-9.1(a)

• The Transporter Agent license annual application fee has been reduced to $25.00. OAC 310:681-3-3(b)
• Transporter agents may request a license reprint, with the associated fee of $20.00, if the physical license is lost, destroyed, or misplaced. OAC 310:681-3-3(g)
• Licensees can alter a manifest after departing the originating licensee to include a documented refusal of inventory or the names, titles, and signatures of personnel accepting delivery on behalf of the receiving licensee. OAC 310:681-3-6(g)

• Automatically granted a transporter license. Transporter agent cards will still be required. OAC 310:681-1-4

• Preschools were removed from the definitions of "private school" and "public school." OAC 310:681-1-4
• No longer need to submit the back of a driver’s license or ID for proof of identity. OAC 310:681-1-7(b)
• No longer need the certificate of compliance for renewals unless there was a change in occupancy or a change requiring an additional inspection, licensure, or permitting by the state or municipality. OAC 310:681-4-2(c)
• A fee of $500 will now be imposed for material changes to licenses, including a name change, owner change, or location change. OAC 310:681-5-2(c)(5)
• Diversion to unauthorized minors have an established $2,500 fine for first violation and $5,000 fine and termination of license for any additional violations - (OAC 310:681 Appendix C)
• A new $10,000 fine for continual violations on inaccurate reporting. [OAC 310:681-5-6.1(b)]
• A previous commercial license holder who has had a medical marijuana license revoked, not renewed, or has surrendered will not be reissued a new license for 5 years.
• Monthly reporting, inventory tracking, and seed-to-sale data will be confidential. OAC 310:681-5-6(j)
• If OMMA embargoes a product, your business cannot engage in commercial activity with that specific product. OAC 310:681-8-1(g) 
• Must maintain records for products 7 years. OAC 310:681-3-6(f) et al
• If OMMA believes there's a potential safety issue, Commercial Businesses are required to submit samples to Metis (quality assurance laboratory) no more than twice a year. OAC 310:681-8-1(e)

• Measure 1,000 ft. from the nearest perimeter wall of the facility to the nearest property line of the school, instead of measuring from the nearest school door to the front door of the dispensary. OAC 310:681-5-3(e)(6)
• May display sample jars with no more than 3 grams to be used only for display purposes, not retail. Each display case or jar must be labeled with grower name, strain name, batch number, and “Sample: not for retail sale.” OAC 310:681-5-14
• Allowed to package non-infused pre-rolls. If the pre-rolls are from a single harvest batch, then they must be tested for heavy metals, filth, contaminants, and potency; if they are from multiple harvest batches, they must be tested as a new batch. OAC 310:681-8-1(s)(1)
        o  The net weight of flower, shake, or trim in a non-infused pre-roll packaged by a dispensary or grower cannot exceed 1 gram. OAC 310:681-5-18(o)

• Harvest batch size changes from 10 lbs. to 15 lbs. If the harvest batch is to be used solely for concentrate, batch size increases to 50 lbs. OAC 310:681-8-1(b)(1)
• Allowed to package non-infused pre-rolls. If the pre-rolls are from a single harvest batch, then they must be tested for heavy metals, filth, contaminants, and potency; if they are from multiple harvest batches, they must be tested as a new batch. OAC 310:681-8-1(s)(1)
        o The net weight of flower, shake, or trim in a non-infused pre-roll packaged by a dispensary or grower cannot exceed 1 gram. OAC 310:681-5-18(o)

• Production batches not to exceed 4 liters of liquid medical marijuana concentrate or 9 lbs. of nonliquid medical marijuana products. Final product batches can have no more than 1,000 g (1 million mg) of THC. OAC 310:681-8-1(b)(1)
• Processors will receive either a hazardous or non-hazardous processor license based on the type of chemicals used during extraction. OAC 310:681-1-4


• Automatically granted a transporter license. Transporter agent cards will still be required. OAC 310:681-1-4
• Prohibited from conducting mandated testing for a business in cases where the lab owners have a financial interest in that business. OAC 310:681-8-2(d)
• Up to two on-site inspections annually after the initial pre-licensure inspection. OAC 310:681-5-4(c)

• There are no more limits to the number of waste disposal licenses. OAC 310:681-9-1(b)
• Measure 1,000 ft. from proposed facility location to the nearest front entrance of the school instead of from the property line. OAC 310:681-9-3(e)(5)

What's the Difference Between Permanent & Emergency Rules?

As a state agency, OMMA can make rules to implement statutes that directly affect the agency. These administrative rules have the effect of law.

Before they can become effective, permanent rules are subject to a rulemaking process that includes review and approval by the Oklahoma government. We are required to accept public comment about proposed permanent rules and may also hold hearings on the proposed rules.

To learn more about rules and notices in the state, visit the Office of Administrative Rules website.

Emergency rules are exceptions to the rulemaking process of permanent rules. Emergency rules may be promulgated if we can establish that the rule is required to:

  • protect the public health, safety or welfare,
  • comply with deadlines in amendments to an agency’s governing law or federal programs,
  • avoid violation of federal law or regulation or other state law,
  • avoid imminent reduction to the agency’s budget, or
  • avoid serious prejudice to the public interest.

The Governor has 45 days to approve or reject an emergency rule request. If the Governor approves a rule, it takes immediate effect and remains in effect until the first day of the next legislative session, or no later than September 15th if in effect during the legislative session. Emergency rules can be disapproved by the Legislature or superseded by permanent rules.

 

Effective Date Rule Type Status Oklahoma Register Publication Summary of Changes Full Rules
September 2022 Permanent Not effective yet. Public comment period closed Dec. 1. N/A Click here. PDF pgs. 1-4. Click here. PDF pgs. 19-100
11/23/2021 Emergency

Current OMMA rules (permanent + emergency)

Amends the 9/11/2021 permanent rules and supersedes portions of the 9/16/2021 emergency rules to be consistent with current statutory changes.

39 Okla. Reg. 271-276 (Jan. 3, 2022) Click here Click here
9/16/2021 Emergency

Current OMMA rules (permanent + emergency)

Amends the permanent rules from 9/11/2021.

39 Okla. Reg. 60-95 (Nov. 1, 2021) Restores emergency rules from 6/28/2021 that were superseded by the 9/11/2021 permanent rule changes Click here
9/11/2021 Permanent

Current OMMA permanent rules

Amended by the 9/16/2021 emergency rules above.

38 Okla. Reg. 2073-76 (Sept. 1, 2021) Click here Click here
6/28/2021 Emergency

NOT CURRENT RULES

Superseded by 9/11/2021 permanent rules above.

Amended the 9/11/2020 permanent rules.

38 Okla. Reg. 858-88 (Aug. 16, 2021) Click here Click here
10/15/2020 Emergency

NOT CURRENT RULES

Superseded by 6/28/2021 emergency rules above.

Amended the 9/11/2020 permanent rules below.

38 Okla. Reg. 169-89 (Dec. 1, 2020) Click here Click here
9/11/2020 Permanent

NOT CURRENT RULES

Superseded by 9/11/2021 permanent rules.

37 Okla. Reg. 1461-63 (Sept. 1, 2020) Click here Click here

Previous versions of OMMA rules will be added to this table soon.


Other Documentation:

OMMA permanent and emergency rules have been written to comply with statutes, including but not limited to:

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