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Rules

OMMA’s current rules went into effect Nov. 23, 2021. The current rules combine permanent and emergency rules. Our rulemaking process page has details about how the state government makes rules, including proposed rules and a roadmap of where the process stands now.


Recent Rule Updates

This is a summary of updates included in emergency or permanent rules since the end of the 2021 legislative session (May 2021).

  • 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)

  • 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)

  • 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)(2)
  • A fee of $500 will now be imposed if a commercial licensee attempts to renew its license after the expiration date. A license that has been expired for more than 90 days shall not be renewed. OAC 310:681-4-2(c)(6)
  • 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)
    • 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)
    • 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)

Note: SB 1511, which went into effect March 30, 2022, is a new state law that requires licensed grow facilities to be at least 1,000 feet away from schools, mirroring the requirement for dispensaries.

  • 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)
    • 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)

Note: SB 1511, which went into effect March 30, 2022, is a new state law that requires licensed grow facilities to be at least 1,000 feet away from schools, mirroring the requirement for dispensaries.

  • 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)
Last Modified on Jun 09, 2022
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