Cannabis POS software to streamline Oklahoma dispensaries

Timeline of Medical Marijuana Legalization in Oklahoma

2018: On June 26th, voters approved State Question 788, which officially legalized medical cannabis. From then, patients with a state-issued license were able to cultivate, purchase, possess, and consume marijuana products legally. In Oklahoma, you do not need to have a list of qualifying conditions to get access to medical marijuana. 

Recreational cannabis is not legalized.

Oklahoma Cannabis Laws

To avoid penalties, police investigations, or license suspension, you must know and follow Oklahoma cannabis laws. Ensuring all operations in your dispensaries are in compliance with state laws is your number one priority. Let’s examine the most important regulations to keep in mind.  

Transaction Requirements

While there isn’t a list of qualifying conditions to purchase medical marijuana in Oklahoma, a physician’s recommendation is required for all patients “according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication.”

All patients must be 18 years old to obtain a recommendation to purchase medical marijuana. An exception can be made if a patient has approval and signatures from two state-licensed physicians and their parent or legal guardian. In such cases, they are only allowed to use nebulizers – smoking or vaping marijuana is not permitted. 

Licensed caregivers are allowed to purchase, possess, and cultivate medical marijuana. However, they cannot consume it unless they have a medical marijuana license themselves.

Dispensary Design Requirements

A licensed dispensary must be at least 1000 feet away from private or public schools. To meet this requirement, you need to measure a straight line from the school entrance to the closest point of the dispensary. 

Purchase Limits

A single transaction between a dispensary supplier processor and the patient, or the parent(s) or legal guardian(s) if a patient is under the age of 18, for the processing of medical marijuana concentrate, shall be limited to: 

• 3 ounces of marijuana
• 1 ounce of marijuana concentrate
• 72 ounces of edible medical marijuana products
• 6 mature plants and/or 6 seedling plants

Label Requirements

All labels must display warnings such as Keep out of reach of children, Women should not use marijuana or medical marijuana products during pregnancy, as this may cause birth defects or breastfeeding issues, and For accidental ingestion, call 1-800-222-1222.

All labels shall also have the following information:

• The name and license number of the grower or processor
• The product name 
• The batch number
• The net quantity or content weight 
• Ingredients list
• The Oklahoma Uniform Symbol in the manner and form prescribed by the Department
• THC potency
• Terpenoid potency
• The following statement: This product has been tested for contaminants

All labels for edible medical marijuana products shall have the following information:

• Name and address of the business
• Product name 
• Net quantity or content weight 
• Ingredients list
• Food allergen information
• Nutrition labeling, if required 
• List of cannabis ingredients
• The batch of marijuana
• The strain of marijuana (optional)
• THC dosage in milligrams per unit
• The lot code

Nutrient content, health, qualified health, and structure/function claims must comply with the Food and Drug Administration (“FDA”) Food Labeling Guide. 

All labels for medical marijuana and medical marijuana products sold or otherwise transferred between growers and/or processors shall have the following information:

• Name and license number of the grower or processor
• The batch number of the product
• Date of harvest and production
• A statement that the medical marijuana or its products have passed testing, or a statement that the medical marijuana has failed testing and is being transferred to a processor to redress 

Seed-to-Sale Tracking and Metrc

Before taking part in any commercial cannabis activity, make sure that at least one owner or manager in your business takes charge of the inventory tracking system. To do so, they need to attend and complete all required inventory tracking system training. A new inventory tracking system administrator shall be assigned within three business days. 

You shall maintain a complete list of all inventory tracking system administrators and employee users to stay compliant with regulations. 

All grown, processed, transported, tested, and sold medical marijuana products must be tracked through Metrc. You can also integrate your own seed-to-sale inventory management using the State tracking system established by the Department, but make sure all the necessary information is properly recorded. By doing so, you will be in full compliance with the laws and regulations of the state of Oklahoma. 

Please note:

• Inventory after each sale must be tracked, updated, and reported to the Department in the State inventory tracking system.
• All on-premises and in-transit medical marijuana and medical marijuana product inventories must be reconciled in the State inventory tracking system daily.
• All RFID tags must be from a Department-approved supplier for the State Inventory Tracking System.
• All wholesale packages of medical marijuana must have RFID tags during storage and transfer. 
• RFID tags may only contain one harvest batch of medical marijuana.
• Immature plants must be properly affixed with an RFID tag if they were not previously tagged in accordance with the rules.
• During storage and transfer, individual units of medical marijuana products shall be individually affixed with an RFID tag.
• During storage and transfer, medical marijuana products may only be combined in a single wholesale package with one RFID tag if all units are from the same production batch.
• If an item is removed from a wholesale package, all individual units or new wholesale packages must be separately tagged. 
• All packages of medical marijuana waste shall have an RFID tag and their contents shall be reported in the State inventory tracking system.

Operational Requirements

There is no regulation for operational hours, so some dispensaries choose to stay open for 24 hours.

Delivery

Delivery is not permitted.

License

Medical Marijuana Business License

In Oklahoma, a medical marijuana business license is issued for 12 months and expires one year from the date of issuance. To obtain the license, you need to complete an application, pay the application fee, and obtain Department verification that you comply with all the requirements. The license shall be valid for a single location for the address listed on the application. If you want to renew your license, you must do so prior to its expiration. You can surrender the license to the Department at any time. 

If you are planning to get a medical marijuana business license, you shall submit a completed application including the following information:

• Name of the establishment
• Physical address of the establishment
• GPS coordinates of the establishment
• Phone number and email address of the establishment
• Hours of operation

If the application for a business license is made by an individual on their own behalf, it shall include the following:

• The applicant’s first name, middle name, last name, and suffix if applicable
• The applicant’s residence address 
• The applicant’s valid mailing address
• The applicant’s date of birth
• The applicant’s telephone number and email address
• An attestation that the information provided by the applicant is true and correct
• An attestation that any licensed premises shall not be located on tribal lands
• An attestation that the business has obtained all applicable local licenses and permits for all licensed premises 
• An attestation that no individual with an ownership interest in the business is a sheriff, deputy sheriff, police officer, prosecuting officer, an officer or employee of OMMA, or an officer or employee of a municipality in which the commercial entity is located
• A statement signed by the applicant pledging not to divert marijuana to any individual or entity that is not lawfully entitled to possess it

If the application for a business license is made by an individual on behalf of an entity, it shall also include the following (in addition to the requirements in the previous section):

• An attestation that the applicant is authorized to make an application on behalf of the entity
• Full name of the organization
• Trade name, if applicable
• Type of business organization
• Mailing address
• Telephone number and email address
• The name, residence address, and date of birth of each owner and each member, manager, and board member, if applicable

Each application shall also be accompanied by supporting documentation, such as:

• A list of all owners and principal officers of the business applicant and supporting documentation
• A certificate of good standing from the Oklahoma Secretary of State issued within 30 days of submission of the application, if applicable
• An electronic copy or digital image in the color of a sales tax permit issued by the Oklahoma Tax Commission, if applicable
• An Affidavit of Lawful Presence for each owner
• Proof that the location of the dispensary is at least 1000 feet from a public or private school 
• Documents establishing the applicant
• Documents establishing the members, managers, and board members, if applicable
• A certificate of compliance
• Accreditation documentation, if applicable

Medical Marijuana Transporter License

Qualifying growers, processors, and dispensaries shall be issued a medical marijuana transporter license at the time of approval. With it, they will be able to transport medical marijuana or medical marijuana products to other commercial licensees through their licensed transporter agents. This license does not authorize them to transport, store, or distribute medical marijuana or medical marijuana products on behalf of other medical marijuana businesses. 

The license shall enable the commercial transporter to:

• Store, transport, and distribute medical marijuana and medical marijuana products on behalf of other commercial licensees
• Contract with multiple commercial licensees
• Maintain multiple warehouses at licensed premises that are approved by the Department for the purpose of temporary storage and distribution of medical marijuana and medical marijuana products

If you are a state-licensed medical marijuana patient, you can legally transport cannabis within your vehicle. Make sure that it is sealed and out of the driver’s reach. You must have your license with you when carrying medical marijuana products.

Exporting medical marijuana outside of Oklahoma is illegal.

Caregiver’s License

In Oklahoma, one caregiver’s license shall be issued for each patient’s license. If a licensed patient is under 18 years old and homebound, two parents and/or legal guardians may act on their behalf. 

To obtain a caregiver’s license, you shall submit a completed application with the following information:

• All information and documentation for the caregiver
• A signed and dated attestation from the patient license holder or patient applicant, or the patient’s parents or legal guardians if the patient is a minor
• The patient license number

Research Facility and Education Facility License

In Oklahoma, a research facility and education facility license is issued for 12 months and expires one year from the date of issuance. To get this license, you need to provide a completed application, pay the application fee, and obtain Department verification that you comply with all the requirements. The license shall be valid for a single location at the address listed on the application. If you want to renew your license, you can do so prior to its expiration. You can surrender the license to the Department any time.

Medical/Recreational

Cannabis in Oklahoma is legal for medical use. 

Cannabis in Oklahoma is not legal for recreational use.