Rules

OMMA’s current rules took effect Sept. 11, 2023.

The changes in the Sept. 11, 2023, rules are summarized below:

• All Certificates of Occupancy, Final Inspection Reports and Site Plans must be submitted with any new or renewal license application or location change request. This is similar to a requirement already in place for the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD) registration process. This language is incorporated at OAC 442:10-3-1(d); OAC 442:10-4-3(e)(6); OAC 442:10-5-2(e)(2)(A)(iii); OAC 442:10-5-3(e)(9); and OAC 442:10-9-3(e)(9).
• House Bill 2095 (2023) extends the moratorium on new medical marijuana business licenses to 2026 and implements a national fingerprint-based background check requirement for commercial licensees. It also allows OMMA, OBNDD, the Oklahoma State Bureau of Investigation (OSBI) and the state Attorney General to perform unannounced, on-site inspections and prohibits more than one commercial grower license from being issued for a single property unless a commercial grower has both an indoor and outdoor grow. The bill also adds penalties for medical marijuana businesses intentionally not paying taxes and prohibits commercial growers from employing undocumented immigrants. The changes required by HB 2095 are incorporated into OMMA rules at OAC 442:10-5-3(h); OAC 442:10-1-5(a); OAC 442:10-4-4; OAC 442:10-5-2(b); OAC 442:10-5-6.1(i) and OAC 442:10-5-16(u).
• Senate Bill 1704 (2022) requires employees of commercial licensees to receive a credential from OMMA, authorizing them to work in the medical marijuana industry. This requirement takes effect Jan. 1, 2024. Businesses don’t yet have to take action. OMMA is working on the credentialing process and will make information available when completed. This language is incorporated at OAC 442:10-5-1.1(f) and OAC 442:10-5-16(v).
• House Bill 4056 (2022) requires OMMA to incorporate new rules regarding standardized testing procedures based on recommendations previously submitted to the agency. These new rules will take effect on June 1, 2024. This language is incorporated into new sections of OMMA rules at OAC 442:10-8-6, OAC 442:10-8-6.1, OAC 442:10-8-6.2, OAC 442:10-8-6.3, and OAC 442:10-8-6.4.
• Senate Bill 813 (2023) allows OMMA to operate a quality assurance laboratory and clarifies the secret shopper program and tiered licensing requirements. The changes required by SB 813 are incorporated into OMMA rules at OAC 442:10-1-4; OAC 442:10-5-2(b); OAC 442:10-5-3(e)(15); OAC 442:10-5-6(b)(6)(A); OAC 442:10-5-4(l) and OAC 442:10-8-5.
• Senate Bill 913 (2023) requires commercial medical marijuana growers to have a surety bond or proof of land ownership. This is the same requirement included in the emergency rules that took effect July 3, described at omma.ok.gov/bond and in a July 6 email to licensees. This requirement is reincorporated into OMMA rules at OAC 442:10-5-1.1; OAC 442:10-5-2(e); OAC 442:10-5-3(e)(13); OAC 442:10-5-3.3; and OAC 442:10-5-16(t).
• Senate Bill 18X (2023) makes OMMA an appropriated agency with the Legislature setting our budget annually. This language is incorporated at OAC 442:10-5-7(h).

• Current rules
  • Rulemaking process
• SQ 788 and current state statutes
  • State Question 788
  • Medical marijuana statutes
• Recent legislation
  • Legislative updates from OMMA