New rules to apply for medical marijuana in Oklahoma?

Oklahoma, USA, 2021-Aug-24 — /EPR Network/ — The governor of Oklahoma, Kevin Stitt, on May 18, 2021, signed the “Act” – House Bill 2272. This saw a few changes being applied in medical marijuana in Oklahoma. The Act addressed the following concerns:

1. An attestation requirement was created, which discloses any foreign interests a licensee holds in the medical marijuana industry
2. It also authorized an online compliance check that should be conducted by Oklahoma Medical Marijuana Authority (OMMA)
3. Allows inspections to conducted to confirm whether all licenses are operating actively

Medical marijuana in Oklahoma is heading in the right direction with these steps. This was meant to get rid of certain bad actors in the industry, while creating a fairer competition among businesses that hold legal licenses. 

The Earlier Form of the Act

The version of the act that was passed earlier by the House in March was quite different from the final version. It had some artificial caps on the number of business licenses, which seem more stringent as an oversight. This was meant to check the licenses issued by OMMA and how to maintain them. It was also meant to set a limit to the oversaturated market and remove malcontents in the cannabis industry. 

The free market, especially in rural Oklahoma would have experienced improper disruption by these limitations. This would be quite undeserving. By implementing the adopted Act, the results will be the same, but in a more natural way. Not only will it safeguard the industry, but also put less constraints on capitalism. 

The Final Version of the Act

The final version of the Act, which took effect on July 1, 2021,  introduced more focused procedures. The procedures are meant to prevent extra financial burdens on those holding licenses. Moreover, the established Act removed all the direct barriers, making it easier for applicants who meet the OMMA standards to get licenses. The applicant only needs to use the same the same way as before and with the same speed. The unintentional consequences included in the earlier version are put aside by changing the administration methods.

 

• Disclosure of Interested Foreigners in the Medical Marijuana Industry 

 

The state of Oklahoma demands that all businesses have to submit their intentions or attestation that discloses the existence of any foreigner in the state. This implementation was meant to stop    foreign influence on medical marijuana in the Oklahoma market. This is especially so due to drug cartels. It will also help to stop illegal export and import of medical marijuana in Oklahoma, neighboring states and the entire country. By making sure that businesses are adhering with OMMA rules and regulations, proprietors and patients are protected. This means that foreign influences and manipulations are curbed. 

OMMA checks if license holders have equity ownership in a foreign medical marijuana business. These include business partners, stakes as shareholders, or as members. There is no automatic disqualification of foreign license holders. What will cause an immediate revocation of a business license is not complying with this provision. 

From July 1st, the current license holders will be given a period of 60 days to submit an attestation. The submission should be done to the Oklahoma Bureau of Narcotics and Dangerous Drugs (OBNDD). After that, a new license holder will be given another 60 days to submit an attestation once the license is approved. Through the official OBNDD website, a form of attestation will be given. 

 

• On-site Compliance Inspections 

 

The Act changes how the on-site compliance inspections are done. This is provided for by the Oklahoma Medical Marijuana and Patient Protection Act, where checks can be performed by OMMA and its designees. Other inspections remain the same. This includes two inspections every year and providing a notice before a check is done. Some of the unchanged clauses include penalties and disciplinary actions. This means that license holders are subject to repercussions when they violate OMMA rules and regulations. These include license suspension, application denial, and revocation.

Moreover, when a party fails to comply, it may face monetary penalties. What can cause this is selling to unlicensed individuals or businesses. If you feel like the disciplinary action or penalty was unjust, you have a right to contest it to the Oklahoma Administrative Procedures Act.

 

• On-site Operation Status Inspections

 

As from September 1, 2021, the Act will start authorizing OMMA to do on-site compliance inspections. This includes processors, licensed grows, and dispensaries. The license holder must confirm whether it is actively working or whether the status is moving towards operational. OMMA in its recent proposed amendment to Section 310:681-1-2, defines “actively operating” as “a commercial licensee that possesses, sells, purchases or transfers medical marijuana and/or medical marijuana in Oklahoma products to or from its licensed premises in a regular or seasonal capacity.”

The system is meant to tell if licenses are held as “shelf licenses” or not. Shelf licenses refer to empty and inactive licenses that are held by a person. The reason for doing this is to avoid future business licensing processes.

About My Marijuana Card 

My Marijuana Card is among the most trusted medical marijuana card providers that has helped over  10,000 legally get access to medical marijuana. It is mandatory for patients seeking medical marijuana in oklahoma services to first get their Marijuana Card. They provide research-centered information regarding cannabis-based healthcare management and assist communities in making effective healthcare decisions. For more information about them, visit them at https://www.mymarijuanacards.com/