Pre-Pack Requirements
The Oklahoma Medical Marijuana Authority is working diligently to implement House Bill 3361 from the 2024 legislative session and House Bill 2807 from the 2025 legislative session. The pre-packaging requirements went into effect June 1, 2025, requiring all medical marijuana and flower-based product not defined as a concentrate 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 beginning June 1, 2025?
A: Pre-packaging requirements were added to 63 O.S. § 431.1 of state statute by House Bill 3361 in the 2024 legislative session and amended by House Bill 2807 during the 2025 legislative session. The law requires all medical marijuana flower be sold in pre-packaged quantities between 0.5 grams and 3 ounces.
Q: What types of medical marijuana must be pre-packaged?
A: According to House Bill 2807, all medical marijuana flower, trim, shake, kief, noninfused pre-rolls, infused pre-rolls 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 2807, nonopaque 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: Yes, there is a grace period for dispensaries to sell existing pre-packaged inventory. Dispensaries will have until Nov. 1, 2025, to sell, transfer or waste any deli-style medical marijuana that was both physically received by the dispensary and accepted into the dispensary’s inventory in Metrc before June 1, 2025. By Nov. 1, 2025, all remaining deli-style flower must be either sold or transferred to a medical marijuana waste disposal facility. Beginning June 1, 2025, all medical marijuana sent to a dispensary must be pre-packaged pursuant to House Bill 2807 and OMMA rules.
Q: Do medical marijuana lab testing samples have to be pre-packaged before they are sent for testing?
A: No, samples sent to a testing lab do not need to be pre-packaged. It is up to the business whether or not they choose to send samples to a testing lab in pre-packaged form.
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: No, growers and processors do not have to test before flower is packaged. Testing batch limits remain the same regardless of pre-packaging requirements. It is up to the business whether or not they choose to pre-package all flower before sending samples to a testing lab.
Q: Can pre-packaging be opened at a dispensary, and if so, under what circumstances?
A: No, dispensaries cannot open or alter pre-packaged marijuana unless it is to create sample jars or noninfused pre-rolls. Dispensaries may open pre-packaged medical marijuana to create display samples to allow patients and caregivers to see and smell the medical marijuana flower before purchase and to create noninfused pre-rolls that are tested and pre-packaged before sale.
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: OMMA’s current rules include final language for pre-packaging. Find a copy of the rules and a summary of the changes at omma.ok.gov/rules. These rules are similar to the proposed permanent rules published on the public comment page.
Q: Can a business return medical marijuana and medical marijuana products back to the business they purchased from?
A: Yes, medical marijuana can be returned to the business they purchased from in two situations: 1) the rejection of products that are not properly packaged and labeled and 2) the transfer of inventory for pre-packaging purposes. The rejection or return of all medical marijuana or medical marijuana products must be reported in Metrc.
For rejection of products that are not properly packaged and labeled, 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 per 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 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 as long as the medical marijuana is rejected solely because it is not packaged and labeled per the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and OMMA regulations. (OAC 442:10-3-6(i)(2)).
Additionally, 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 per 63 O.S. § 431.1 and OAC 442:10-7-1(b). For example, a grower can transfer medical marijuana flower to a processor to be pre-packaged, and the processor can transfer the pre-packaged flower back to the original grower after completing the pre-packaging. All transfers must be accurately documented in Metrc. Growers cannot make, sell, transfer or obtain medical marijuana products with the exception of packaging and selling noninfused pre-rolls and kief per 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 it?
A: Yes, patients can return products back to a dispensary after opening the pre-packaging. If a product is found defective or hazardous to the patient, please return the product back to the dispensary and complete our Health Impact Form. If you experience issues returning a product to a dispensary, please notify OMMA at omma.ok.gov/contact.
Q: Why will pre-packaged medical marijuana be tracked by weight rather than by count?
A: The tracking of medical marijuana and medical marijuana products in Metrc is based on weight. Please review this Metrc Support Bulletin for more details.
