Overview
The Oklahoma State Department of Health's rules in Chapter 681 establish comprehensive regulations for medical marijuana, ensuring public health, safety, and orderly administration of the medical marijuana program through the Oklahoma Medical Marijuana Authority (OMMA). The rules cover licensing, operations, product testing, security, waste disposal, and specific compliance requirements for patients, caregivers, businesses, and laboratories.
General Provisions and Definitions
- OMMA operates under the Department of Health to regulate medical marijuana.
- All interactions and applications are submitted electronically via the OMMA website.
- Medical marijuana licenses are only valid within Oklahoma and exclude federal/tribal lands.
- Detailed definitions clarify roles and terminology (e.g., batch number, commercial license, caregiver, inventory tracking, patient).
Licensing Requirements
- Patient, caregiver, temporary, and commercial (business, transporter, laboratory, waste) licenses require submission of residency, identity, and supporting documents.
- Commercial license applicants and key personnel undergo criminal background checks; disqualifying convictions result in ineligibility.
- Proof of Oklahoma residency and specific photograph requirements apply to all applicants.
Specific License Categories and Terms
- Patient licenses (adults and minors) are valid for two years; short-term and temporary licenses have shorter durations.
- Caregivers can be designated for homebound or incapable patients with specific restrictions.
- Licenses detail permitted possession amounts, renewal processes, and conditions for revocation or surrender.
Operational and Security Requirements
- Businesses must post licenses, comply with all rules, allow inspections, and update OMMA on changes.
- Security measures must prevent unauthorized access and theft in all facilities and during transit.
- Only licensed personnel may transport marijuana; transport must use locked, labeled containers and GPS-tracked vehicles.
Packaging, Labeling, and Advertising
- All marijuana and products must be packaged in child-resistant, non-attractive containers to minors.
- Labels require comprehensive information, including warnings and the Oklahoma uniform symbol.
- Advertising restrictions prohibit content appealing to minors and misleading health claims.
Product Testing and Laboratory Standards
- All marijuana batches must pass extensive testing for contaminants, solvents, pesticides, heavy metals, and potency before sale or transfer.
- Accredited labs perform testing, maintain records, and ensure impartiality.
- Failed batches must be remediated, retested, or destroyed as required.
Inventory Tracking and Records
- State-mandated seed-to-sale inventory tracking is required for all licensees.
- Licensees must reconcile physical and system inventories daily, report sales, and use RFID tracking.
- Detailed recordkeeping and monthly reports are mandatory, with strict confidentiality for patient data.
Inspections, Audits, and Compliance
- The Department conducts regular and unannounced inspections and audits of all facilities.
- Violations require correction within 30 days or are subject to fines and potential license revocation.
- Licensees must grant access for inspections and provide documentation upon request.
Waste Management and Disposal
- Waste must be rendered unusable and unrecognizable, tracked, and disposed of by licensed facilities following environmental standards.
- Records and manifests for disposal activities are required and subject to audit.
Penalties and Enforcement
- Administrative penalties include fines, license suspension, revocation, or rejection for noncompliance or criminal acts.
- Specific penalties apply for unlawful purchases, sales, or fraudulent reporting.
Special Provisions
- Restrictions on minors entering commercial premises, on-site consumption, false advertising, and employment of underage individuals.
- Receivership process allows temporary operation for businesses under foreclosure or legal proceedings.
Appendix A & B: Product Testing Thresholds and Quality Control
- Provides specific contaminant limits and quality control criteria for laboratory testing and acceptance standards.