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Rulemaking Process

Oklahoma’s medical marijuana statutes are the foundation of OMMA’s regulatory and licensing authority, including OMMA's rules. Oklahoma voters approved the original version of those statutes with State Question 788 in 2018.

New state laws prompt a new rulemaking process. Read more about the legislative process on our Legislative Updates page.

Rulemaking involves an extensive public comment period. Some new laws are incorporated into the rules on a temporary, emergency basis. Proposed permanent rules may be reviewed by the State Legislature and must be declared approved by the Governor before taking effect.

Licensees receive information about the annual rulemaking process, including public comment opportunities, in newsletters and other updates sent to email addresses associated with patient and commercial licenses. You can also visit this page and follow us on Facebook or Twitter for timely information about rulemaking.

The Current Rules page has a link to the rules in effect now.

See an updated roadmap of the emergency and permanent rulemaking process below, as well as a table with information about previous versions of OMMA rules.



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.


OMMA Rules Through the Years

This table shows proposed, current and past versions of OMMA’s rules. Check the table to see which version is which.

 

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 Summary of Changes. PDF pgs. 1-4. Full Rules. 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) Summary of Changes Full Rules
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 Full Rules
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) Summary of Changes Full Rules
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) Summary of Changes Full Rules
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) Summary of Changes Full Rules
9/11/2020 Permanent

NOT CURRENT RULES

Superseded by 9/11/2021 permanent rules.

37 Okla. Reg. 1461-63 (Sept. 1, 2020) Summary of Changes Full Rules
Last Modified on Jun 17, 2022
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