1 TITLE 442. OKLAHOMA MEDICAL MARIJUANA AUTHORITY

TITLE 442. OKLAHOMA MEDICAL MARIJUANA AUTHORITY

CHAPTER 10. MEDICAL MARIJUANA REGULATIONS

SUBCHAPTER 1. GENERAL PROVISIONS

442:10-1-1. Purpose

The purpose of this Chapter is to ensure the health and safety of all Oklahomans and provide reasonable

and orderly regulation of medical marijuana as authorized by the lawful passage of State Question 788,

codified as 63 O.S. § 420 et seq.; 63 O.S. § 426.1; the Oklahoma Medical Marijuana and Patient Protection

Act, 63 O.S. § 427.1 et seq.; and the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a

et seq. This regulatory authority shall be known as the "Oklahoma Medical Marijuana Authority"

("OMMA").

442:10-1-2. Regulatory program established

(a) A regulatory program is hereby established in the OMMA, and the initiation, administration, regulation,

and enforcement of such program shall be the responsibility of the OMMA or its designee.

(b) All license applications, inquiries, and other correspondence shall be directly electronically submitted to

and received and processed by the OMMA division or its designee, except as is otherwise required by law or

expressly permitted in writing by the Authority.

http://omma.ok.gov/.

(d) The OMMA is located at 2501 N. Lincoln Blvd., Oklahoma City, Oklahoma 73105.

442:10-1-3. Limitations of licenses

All medical marijuana licenses and rights granted under Oklahoma law and this Chapter shall only be

valid in the State of Oklahoma, excluding any tribal trust or tribal restricted land or federal lands in the state.

442:10-1-4. Definitions

The following words and terms, when used in this Chapter, shall have the following meaning, unless the

context clearly indicates otherwise:

"Actively operating" or "Actively conducting business operations" means a commercial licensee that

possesses, sells, purchases or transfers medical marijuana and/or medical marijuana products to or from its

licensed premises in a regular or seasonal capacity.

"Advertising" means the act of providing consideration for the publication, dissemination, solicitation,

or circulation of visual, oral, or written communication to induce directly or indirectly any person to

patronize a particular medical marijuana business or to purchase any particular medical marijuana or

medical marijuana products. "Advertising" includes marketing but does not include packaging and labeling.

‘‘Alcoholic beverage’’ means alcohol, spirits, beer and wine and also includes every liquid or solid,

patented or not, containing alcohol, spirits, wine or beer and capable of being consumed as a beverage by

human beings [37A O.S. § 1-103].

"Applicant" means the natural person or entity in whose name a license would be issued.

"Application status" means the status of a submitted application and includes the following:

(A) "Submitted" means the application has been submitted but a review is not yet complete;

(B) "Rejected" means the application has been reviewed but contains one or more errors requiring

correction by the applicant at no additional fee before a final determination on the application can be

made. "Rejected" does not mean the application is denied;

to the applicant; and

(D) "Denied" means the applicant does not meet the qualifications under Oklahoma law and this

Chapter for a license.

"Authority" or "OMMA" means the Oklahoma Medical Marijuana Authority.

"Batch number" means a unique numeric or alphanumeric identifier assigned prior to any testing to

allow for inventory tracking and traceability.

"Business license" means a license issued by the Authority to a medical marijuana dispensary, grower,

processor, testing laboratory, or transporter.

"Cannabinoid" means any of the chemical compounds that are active principles of marijuana.

"Caregiver" means a family member or assistant who regularly looks after a licensed medical marijuana

patient license holder whom a physician attests needs assistance.

"CFR" means the Code of Federal Regulations, the compilation of the general and permanent rules

published in the Federal Register by the executive departments and agencies of the federal government

which is published by the U.S. Government Printing Office. Citations in this Chapter to the CFR refer

sequentially to the Title, Part and Section numbers.

"Child-resistant" means packaging that is:

(A) Designed or constructed to be significantly difficult for children under five (5) years of age to

open and not difficult for normal adults to use properly as defined by 16 CFR § 1700.15 (1995) and

16 CFR § 1700.20 (1995); and

(B) Resealable to maintain its child-resistant effectiveness for multiple openings for any product

intended for more than a single use or containing multiple servings.

"Clone" means a non-flowering plant cut from a mother plant that is capable of developing into a new

plant and has shown no signs of flowering.

"COA" means certificate of analysis.

"Commercial license" means any license issued to an individual or entity that is not a patient, caregiver,

or transporter agent.

"Commercial licensee" means an individual or entity issued a commercial license and does not mean a

patient, caregiver, or transporter agent.

"Complete(d) application" means a document prepared in accordance with Oklahoma law, these Rules,

and the forms and instructions provided by the Authority, including any supporting documentation required

by the Authority and the license fee.

"Decontamination" means a type of remediation process that attempts to remove or reduce to an

acceptable level a contaminant exceeding an allowable threshold set forth in these Rules in a harvest batch,

provided it is not processed into a solvent-based concentrate.

"Director” or “Executive Director” means the Executive Director of the Oklahoma Medical Marijuana

Authority.

"Dispense" means the retail selling of medical marijuana or medical marijuana products that are

packaged and labeled in accordance with the law to a licensed patient, the licensed patient's parent(s) or

legal guardian(s) if licensed patient is a minor, or a licensed caregiver.

"Dispensary" or "Commercial Dispensary" means an individual or entity that has been issued a

medical marijuana business license by the Authority, which allows the dispensary to purchase medical

marijuana or medical marijuana products from a licensed processor, grower, or dispensary; to sell medical

marijuana and medical marijuana products to a licensed patient, to a licensed caregiver, and to the licensed

patient's parent(s) or legal guardian(s) if licensed patient is a minor; to prepare and package noninfused pre-

rolled medical marijuana with a net weight that does not exceed one (1) gram to sell to medical marijuana

patients and caregivers; and to sell, transfer, and transport or contract with a commercial transporter to

transport medical marijuana or medical marijuana products to another licensed dispensary, a research

facility, and an educational facility; and to transfer samples to testing laboratories.

"Dispose" or "Disposal" means the disposition of medical marijuana waste by either a process which

renders the waste unusable and unrecognizable through physical destruction or a recycling process.

"Disqualifying criminal conviction" means:

(A) Any non-violent felony conviction within last two (2) years of submitting an application to the

Authority;

(B) Any violent felony conviction for an offense listed in 57 O.S. § 571(2) within last five (5) years

of submitting an application to the Authority; or

"Education facility" means an individual or entity that has been issued a license by the Authority to

operate a facility providing training and education to individuals involving the cultivation, growing,

harvesting, curing, preparing, packaging, or testing of medical marijuana, or the production, manufacture,

extraction, processing, packaging, or creation of medical-marijuana-infused products or medical marijuana

products for the limited education and research purposes permitted under state and federal law and these

Rules; to transfer, by sale or donation, medical marijuana grown within its operation to licensed research

licensees; and to transfer samples to licensed testing laboratories.

"Entity" means an individual, sole proprietorship, a general partnership, a limited partnership, a limited

liability company, a trust, an estate, an association, a corporation, or any other legal or commercial entity.

"Entrance to a private or public school" means an opening, such as a door, passage, or gate, that

allows access to any public or private schools, including school buildings, facilities, or other indoor and

outdoor properties utilized for classes or school activities.

"Error in measurement" means a mistake made by the Authority or a municipality in the setback

measurement process where either the distance between a medical marijuana dispensary and a school is

miscalculated due to mathematical error or the methods used to measure the setback distance is inconsistent

with 63 O.S. § 425(G).

"Error in measurement allowance" means an allowance of an error in measurements of the distance

between a medical marijuana dispensary and a school up to and including five hundred (500) feet when

remeasured after an original license has been issued.

"Exit package" means an opaque bag that is provided at the point of sale in which pre-packaged

medical marijuana is placed.

"Final product" or "Final medical marijuana product" means any finished medical marijuana product

that has been infused with a concentrate or that has been further processed and is in the form in which it will

be sold to medical marijuana patients and caregivers, meaning no other ingredients or additives will be

infused or otherwise added into the product. Examples may include topicals, tinctures, cookies, brownies,

candies, gummies, beverages, or chocolate.

"Flower" means the reproductive organs of the marijuana or cannabis plant referred to as the bud or

parts of the plant that are harvested and used for consumption in a variety of medical marijuana products.

"Flowering" means the reproductive state of the marijuana or cannabis plant in which there are physical

signs of flower or budding out of the nodes of the stem.

‘‘Food’’ means articles used for food or drink for man, (2) chewing gum, and (3) articles used for

components of any such article [63 O.S. § 1-1101] and any raw, cooked, or processed edible substance, ice,

beverage or ingredient used or intended for use or for sale in whole or in part for human consumption

[OAC 310:257-1-2 and OAC 310:260-1-6].

"Grower" or "Commercial grower" means an individual or entity that has been issued a medical

marijuana business license by the Authority, which allows the grower to grow, harvest, dry, cure, package

medical marijuana and noninfused pre-rolled medical marijuana with a net weight that does not exceed one

(1) gram, to sell, transfer, and transport or contract with a commercial transporter for the transport of

medical marijuana in accordance with Oklahoma law and this Chapter to a dispensary, processor, grower,

research facility, education facility, or samples to a testing laboratory.

"Harvest Batch" means a specifically identified quantity of usable medical marijuana, not to exceed

harvest batch sizes allowable under OAC 442:10-8-1(b), that is uniform in strain, cultivated utilizing the

same cultivation practices, harvested at the same time from the same location, and dried or cured under

uniform conditions.

"Hazardous processor license" means a license issued to a medical marijuana processor that performs

an extraction method that utilizes chemicals considered hazardous by the OSHA Hazard Communication

Standard under 29 CFR § 1910.1200.

"Immature plant" means a nonflowering marijuana plant that has not demonstrated signs of flowering.

"Indirect beneficial owner" means an individual or entity who indirectly, through any contract,

arrangement, understanding, relationship or otherwise, owns ten percent (10%) or more of the equity

interests of a grower, processor, or dispensary.

"Information panel" has the same definition as set forth in 21 CFR § 101.2 and means "that part of the

label immediately contiguous and to the right of the principal display panel as observed by an individual

facing the principal display panel."

"Infused pre-roll" means pre-rolled medical marijuana into which cannabis concentrate, extracts,

derivatives, or other ingredients have been incorporated.

"Integration" or "Integrated" means a third-party vendor's software application or a software service

that has been fully validated to share inventory tracking or other data directly with the State inventory

tracking system via a secure Application Programming Interface ("API").

"Inventory tracking system" or "State inventory tracking system" means the required tracking

system established by the Authority that accounts for medical marijuana from either the seed or immature

plant stage until the medical marijuana or medical marijuana product is sold to a patient at a medical

marijuana dispensary, disposed of in accordance with these Rules, or used in a research project by a medical

marijuana research facility, meaning that the State's inventory tracking system accounts for the entire life

span of medical marijuana and medical marijuana products, including any testing samples thereof and

medical marijuana waste.

"Kief" means the resinous trichomes of marijuana that have been separated from the marijuana plant.

‘‘Label’’ means the same definition as set forth in 63 O.S. § 1-1101 and means a display of written,

printed, or graphic matter upon the immediate container of any article; and a requirement made by or under

authority of this article that any word, statement, or other information appearing on the label shall not be

considered to be complied with unless such word, statement, or other information also appears on the

outside container or wrapper, if there be any, of the retail package of such article, or is easily legible

through the outside container or wrapper.

"License" means a state issued license or other state issued documentation proving the holder of such

license is a member of a state-regulated medical marijuana program.

"License number" means the unique multi-character identifier issued and printed upon each license.

"Licensee" means any natural born person or entity that holds a medical marijuana license provided for

in this Chapter, excluding inmates of any local, county, state, or federal correctional facility or jail.

"Licensed Packager" means as used in 63 O.S. § 422(C) a processor.

"Licensed premises" means the premises specified in an application for a medical marijuana business,

research facility, education facility, or waste disposal facility that is owned or in lawful possession of the

licensee and within which the licensee is authorized to operate.

"Lot" means the food produced during a period of time indicated by a specific code.

"Marijuana" means the same as the term that is defined in 63 O.S. § 2-101 and shall not include any

plant or material containing delta-8 or delta-10 tetrahydrocannabinol which is grown, processed or sold

pursuant to the provisions of the Oklahoma Industrial Hemp Program.

"Material change" means any change that would affect the qualifications for licensure of an applicant

or licensee.

"Mature plant" means harvestable female marijuana plant that is flowering.

"Medicaid" means the program that is also commonly known in Oklahoma as "SoonerCare."

"Medical marijuana" means marijuana that is grown, processed, dispensed, tested, possessed, or used

for a medical purpose.

"Medical marijuana business" means an individual or entity licensed by the Authority as a medical

marijuana dispensary, grower, processor, testing laboratory, or transporter.

"Medical marijuana concentrate" ("Concentrate") means a substance obtained by separating

cannabinoids from any part of the marijuana plant by physical or chemical means, so as to deliver a product

with a cannabinoid concentration greater than the raw plant material from which it is derived. Categories of

concentrate include water-based medical marijuana concentrate, food-based medical marijuana concentrate,

solvent-based concentrate, and heat- or pressure-based medical marijuana concentrate as those terms are

defined in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.

"Medical marijuana product" means a product that contains cannabinoids that have been extracted

from plant material or the resin therefrom by physical or chemical means and is intended for administration

to a licensed patient, including but not limited to concentrates, oils, tinctures, edibles, pills, topical forms,

gels, creams, and other derivative forms, except that this term does not include live plant forms.

"Medical marijuana research" means research on medical marijuana and medical marijuana products

for public purposes, including the advancement of (A) Public health policy and public safety policy, (B)

Agronomic and horticultural best practices, and (C) Medical and pharmacopoeia best practices. For purposes

of this Chapter, this term does not include biomedical and clinical research that is subject to federal

regulations and institutional oversight and shall not be subject to Authority oversight.

"Medical marijuana waste" means

(A) unused, surplus, returned or out-of-date marijuana; recalled marijuana; unused marijuana; plant

debris of the plant of the genus cannabis, including dead plants and all unused plant parts, except the

term shall not include seeds, roots, stems, stalks and fan leaves,

(B) all product which is deemed to fail laboratory testing and cannot be remediated or

decontaminated, or

(i) have gone out of business;

(ii) are not subject to the provisions of Section 1560 of Title 12 of the Oklahoma Statute; and

(iii) are unable to lawfully transfer or sell the product and inventory to another commercial

licensee.

"Minor" means any natural person younger than eighteen (18) years of age.

"Mother plant" means a marijuana plant that is grown or maintained for the purpose of generating

clones, and that will not be used to produce plant material for sale to a processor or dispensary.

‘‘Municipality’’ means the same definition as set forth in the Oklahoma Municipal Code, 11 O.S. § 1-

102, and ‘‘means any incorporated city or town.’’

"Nonhazardous processor license" means a license issued by the Authority to a processor that will not

perform any processing or extraction methods that utilize a chemical considered hazardous by the OSHA

Hazard Communication Standard under 29 CFR § 1910.1200.

"Noninfused pre-roll" means pre-rolled medical marijuana that consist only of flower, shake, or trim,

and may include unflavored paper, a filter, tip, or cone. This product shall not include marijuana

concentrates, extracts, derivatives, or any other ingredients.

"Nonliquid medical marijuana product" means a substance obtained by separating cannabinoids that

have been extracted from plant material by physical or chemical means and is not a liquid, meaning that it

does not conform to a container in which it is placed. Examples include wax, budder, shatter, and hash.

"Nonoperational" means a commercial licensee that cannot provide proof that it is actively operating or

working towards operational status.

"Officer of a corporate entity" or "Principal officer" means an officer identified in the corporate

bylaws, articles of organization or other organizational documents, or in a resolution of the governing body.

‘‘Officer of a municipality’’ means any person who is elected to an office in municipal government or

is appointed to fill an unexpired term of an elected office, and the clerk and the treasurer whether elected or

appointed [11 O.S. § 1-102].

"Oklahoma resident" or "Resident" means an individual who can provide proof of residency as

required by OAC 442:10-1-6 (relating to proof of residency) or OAC 442:10-5-3.1 (relating to proof of

residency for commercial business licensees).

"Oklahoma uniform symbol" or "Universal symbol" means the image, established by the Authority

and made available to commercial licensees through the OMMA website, which indicates the package

contains medical marijuana or medical marijuana products with THC and must be printed at least one-half

inch in size by one-half inch in size in the color designated by the Authority.

"Openly in existence" means any building, location, or structure on a school site that has visible

outward markings indicating the building, location, or structure was operating as a school which would serve

as sufficient notice of the existence of the school or a reason for further inquiry on the part of the medical

marijuana dispensary license applicant. "Openly in existence" shall not mean any school that operated

secretly or discreetly without any signs or other markings on any building, location, or structure on the

school site, undeveloped land or a structure owned by a school that was not openly used and marked as a

school site, or any school site that was established after the medical marijuana dispensary had been

established and licensed by the Authority.

"Organic" means the same as the term defined in the National Organic Program codified at 7 CFR §

205.2. This includes the terms "organically produced" as set forth in 7 U.S.C. § 6502(15) and "100 percent

organic" and "made with organic (specified ingredients or food group(s))" as set forth in 7 CFR § 205.102.

"Out-of-state medical marijuana patient license" means an unexpired medical marijuana patient

license issued by another U.S. state, which is the substantial equivalent of the Oklahoma medical marijuana

patient license issued pursuant to OAC 442:10-2-1 and OAC 442:10-2-2.

"Owner" means, except where the context otherwise requires, a direct beneficial owner, including, but

not limited to, all persons or entities as follows:

(A) All shareholders owning an interest of a corporate entity and all officers of a corporate entity;

(B) All partners of a general partnership;

(D) All members that own an interest in a limited liability company;

(E) All beneficiaries that hold a beneficial interest in a trust and all trustees of a trust;

(F) All persons or entities that own interest in a joint venture;

(G) All persons or entities that own an interest in an association;

(H) The owners of any other type of legal entity; and

(I) Any other person holding an interest or convertible note in any entity which owns, operates, or

manages a licensed medical marijuana facility.

"Package" or "Packaging" means any container or wrapper that a medical marijuana business may use

for enclosing or containing medical marijuana or medical marijuana products, except that "package" or

"packaging" shall not include any carry-out bag or other similar container.

"Patient" or " Licensed patient" means a person that has been properly issued a medical marijuana

license pursuant to Oklahoma law and these Rules.

"Pesticide" means

(A) any substance or mixture of substances intended for preventing, destroying, repelling, or

mitigating any pest, or

(B) any substance or mixture of substances intended for use as a plant regulator, defoliant or

desiccant. "Pesticide" shall not include any article that is a "new animal drug" as designated by the

United States Food and Drug Administration.

"Physician" or "Oklahoma Physician" means a doctor of medicine, a doctor of osteopathic medicine,

or a doctor of podiatric medicine who holds a valid, unrestricted and existing license to practice in the State

of Oklahoma.

"Plant material" means the leaves, stems, buds, and flowers of the marijuana plant, and does not

include seedlings, seeds, clones, stalks, or roots of the plant or the weight of any non-marijuana ingredients

combined with marijuana.

"Political subdivision" means any county or municipal governments.

"Preschool" means a public early childhood education program offered under 70 O.S. §§ 11-103.7 and

1-114 (B) or similar program offered by a private school whose primary purpose is to offer educational (or

academic) instruction. Preschool does not include a homeschool, daycare, or child care facility licensed

under the Oklahoma Child Care Facilities Licensing Act, 10 O.S. § 401 et seq.

"Principal display panel" has the same definition as set forth in 21 CFR § 101.1 and "means the part of

a label that is most likely to be displayed, presented, shown, or examined under customary conditions of

display for retail sale."

"Private school" means an elementary, middle, or high school maintained by private individuals,

religious organizations, or corporations, funded, at least in part, by fees or tuition, and open only to pupils

selected and admitted based on religious affiliations or other particular qualifications. "Private school" shall

not include a homeschool, daycare, or child care facility licensed under the Oklahoma Child Care Facilities

Licensing Act, 10 O.S. § 401 et seq.

"Process" means to distill, extract, manufacture, prepare, or otherwise produce a medical marijuana

product.

"Processor" or "Commercial Processor" means an individual or entity that has been issued a medical

marijuana business license by the Authority, which allows the processor to: purchase medical marijuana or

medical marijuana products from a grower or processor; process, package, sell, transfer, and transport or

contract with a commercial transporter to transport medical marijuana and medical marijuana products that

they processed to a licensed dispensary, processor, or samples to a testing laboratory in accordance with

Oklahoma law and this Chapter; and process medical marijuana received from a licensed patient into a

medical marijuana concentrate, for a fee. Processors will receive either a hazardous processor license or a

non-hazardous processor license based on the type of chemicals the processor will be utilizing in the

extraction process in accordance with these Rules.

"Production batch" means

(A) Any amount of medical marijuana concentrate or nonliquid medical marijuana products, not to

exceed production batch sizes allowable under OAC 442:10-8-1(b), of the same category and

produced using the same extraction methods, standard operating procedures, and an identical group

of harvest batch of medical marijuana; and

(B) Any amount of finished medical marijuana product, not to exceed production batch sizes

allowable under OAC 442:10-8-1(b), of the same exact type, produced using the same ingredients,

standard operating procedures, and same production batch of medical marijuana concentrate or same

harvest batch of medical marijuana.

"Public institution" means any entity established or controlled by the federal government, state

government, or a local government or municipality, including, but not limited, institutions of higher

education and related research institutions.

"Publicly traded company" means a business entity organized under the laws of the United States or

Canada where the domicile for the business entity permits the sale of marijuana and such business entity has

a class of securities that are registered and traded for investment pursuant to the Securities Exchange Act of

1934 or listed and traded for investment on a reputable recognized foreign stock exchange or foreign market.

"Public money" means any funds or money obtained from any governmental entity, including, but not

limited to, research grants.

"Public school" means an elementary, middle, high school, or technology center school established

under state law, regulated by the local state authorities in the various political subdivisions, funded and

maintained by public taxation, and open and free to all children of the particular district where the school is

located.

"Quality assurance laboratory" means a laboratory designated by the Authority to conduct

surveillance of testing laboratories for compliance purposes.

"Readily accessible" means that a licensee can immediately produce the documentation upon the

Authority's request.

"Registered to conduct business" means any individual or entity that is required under Oklahoma law

to register with the Oklahoma Secretary of State and has provided sufficient proof to the Authority of its

good standing with such.

"Remediation" means the process by which a harvest batch or production batch that fails testing

undergoes a procedure to remedy the harvest batch or production batch failure and is retested in accordance

with Oklahoma law and these Rules.

"Research project" means a discrete scientific endeavor to answer a research question or a set of

research questions related to medical marijuana and is required for a medical marijuana research license.

"Research facility" means an individual or entity that has been issued a license by the Authority to

grow, cultivate, possess, and transfer samples to testing laboratories, and to transfer by sale or donation to

other licensed research facilities, medical marijuana for the limited research purposes permitted under state

and federal law and these Rules.

"Retailer" or "Retail marijuana establishment" as used in 63 O.S. § 420 et seq. means an entity

licensed by the Oklahoma Medical Marijuana Authority as a medical marijuana dispensary.

"Revocation" means the Authority's final decision in accordance

with the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq., that any license issued by the

Authority pursuant to Oklahoma law and this Chapter is rescinded.

"RFID" means Radio Frequency Identification.

"Rules" means, unless otherwise indicated, the rules as adopted and set forth in OAC 442:10.

"Sampler" means a person who is employed by or is an owner of a licensed laboratory, grower, or

processor and is authorized by that employer to collect samples in accordance with the testing laboratory's

standard operating procedures and these Rules.

"Seedling" means a marijuana plant that has no flowers.

"Seed-to-sale tracking system" means an electronic inventory tracking system utilized by a commercial

licensee to track inventory, any steps through the process of cultivating or manufacturing medical marijuana

and/or medical products, transactions with other licensees, testing, and other required information for the

purpose of reporting that information to the Authority in accordance with Oklahoma law, rules, and

regulations.

"Shipping container" means a hard-sided container with a lid or other enclosure that can be secured

into place. A shipping container is used solely for the transport of medical marijuana, medical marijuana

concentrate, or medical marijuana products between medical marijuana businesses, a medical marijuana

research facility, or a medical marijuana education facility.

"State question" means Oklahoma State Question No. 788 and Initiative Petition Number 412.

"Strain" means the name given to a particular variety of medical marijuana that is based on a

combination of factors which may include, but is not limited to, botanical lineage, appearance, chemical

profile, and accompanying effects. An example of a "strain" would be "OG Kush" or "Pineapple Express".

"Terpenoids" means isoprenes that are the aromatic compounds found in cannabis, including, but not

limited to: limonene, myrcene, pinene, linalool, eucalyptol, delta-terpinene (Δ-terpinene), beta-

caryophyllene (ß-caryophyllene), caryophyllene oxide, nerolidol and phytol.

"Testing laboratory" or "Laboratory" means a public or private laboratory licensed pursuant to state

law and these Rules to conduct testing and research on samples of medical marijuana and medical marijuana

products.

"THC" means tetrahydrocannabinol, which is the primary psychotropic cannabinoid formed by

decarboxylation of naturally occurring tetrahydrocannabinolic acid, which generally occurs by exposure to

heat.

"Transporter" or "Commercial Transporter" means an individual or entity issued a medical

marijuana commercial license by the Authority, which allows the transporter to transport, store, and

distribute, but not take ownership of, medical marijuana and medical marijuana products to and from the

licensed premises of commercial licensees. As used in this Chapter, "Transporter" or "Commercial

Transporter" does not mean licensed commercial growers, processors, dispensaries, laboratories, research

facilities, and education facilities who are automatic holders of transporter licenses.

"Transporter Agent" means an agent, employee, officer, or owner of commercial transporter, grower,

processor, dispensary, laboratory, research facility, or education facility who has been issued a transporter

agent license by the Authority to transport medical marijuana and medical marijuana products on behalf of

the said commercial transporter, grower, processor, dispensary, laboratory, research facility, and education

facility.

"Transporter license" means a medical marijuana business license issued by the Authority either (A)

automatically to commercial growers, processors, dispensaries, laboratories, research facilities, and

education facilities upon approval of a business license, or (B) to commercial transporters solely for the

transportation, storage, and distribution of medical marijuana and medical marijuana products.

"Usable medical marijuana" means the dried leaves, flowers, oils, vapors, waxes, and other portions of

the marijuana plant and any mixture or preparation thereof, excluding seed, roots, stems, stalks, and fan

leaves.

"Waste disposal facility" means an individual or entity that has been issued a medical marijuana waste

disposal facility license by the Authority to dispose of medical marijuana waste as authorized in Oklahoma

law and these Rules.

"Waste disposal facility license" means a license issued by the Authority to possess, transport, and

dispose of medical marijuana waste. The waste disposal facility license shall be issued to the location

submitted by the applicant that is first approved by the Authority.

"Waste disposal facility permit" means a permit issued by the Authority to a waste disposal licensee to

possess, transport, and dispose of medical marijuana waste at the location submitted on the permit

application. Waste disposal facility permits shall be required for each approved facility operated by a waste

disposal facility licensee.

"Wholesale package" means medical marijuana from the same harvest batch or multiple units of

medical marijuana product from the same production batch that are combined together as a single unit for

the purpose of RFID tagging and are transported to a single commercial licensee.

"Working towards operational status" means a commercial licensee that:

(A) Has applied for any additional permits, registrations, or licenses required by the Authority or

another Oklahoma agency, organization, or political subdivision to lawfully conduct operations at

the licensed premises and is awaiting issuance of such permit(s), registration(s), or other license(s);

(B) Is performing construction or other material changes to the licensed premises in preparation of

operations at the licenses premises;

(D) Is in the process of purchasing or is awaiting receipt of delivery of physical materials essential

to operations at the licensed premises, such as furniture or equipment; or

(E) Any additional actions determined to be sufficient by the Authority.

442:10-1-5. Criminal history screening

(a) Parties subject to screening. Prior to issuance of any commercial license or transporter agent license,

the following shall undergo an Oklahoma state criminal history background check within thirty (30) days

prior to the application for the license:

(1) Individual applicants applying on their own behalf;

(2) Individuals applying on behalf of an entity;

(3) All principal officers of an entity;

(4) All owners of an entity;

(5) For corporations seeking a business license, all officers, directors, and stockholders; and

(6) For public institutions seeking a research facility license, all principal investigators and co-

principal investigators.

(b) Disqualifying Criminal Conviction. Any commercial applicant with a disqualifying criminal

conviction is not qualified to receive or renew a commercial license.

required under Oklahoma law to obtain an Oklahoma State Bureau of Narcotics and Dangerous Drugs

Control ("OBNDD") registration shall do so prior to possessing or handling any marijuana or marijuana

product.

(d) Fees. All applicable fees, including those charged by the Oklahoma State Bureau of Investigation

vendor or OBNDD, are the responsibility of the applicant.

442:10-1-6. Proof of residency

(a) Applicants shall establish their current Oklahoma residency through submission of an electronic copy or

digital image in color of one of the following unexpired documents:

(1) An Oklahoma issued driver's license;

(2) An Oklahoma Identification Card;

(3) A utility bill for the calendar month preceding the date of application, excluding cellular telephone,

television, and internet bills;

(4) A residential property deed to property in the State of Oklahoma;

(5) A current rental agreement for residential property located in the State of Oklahoma;

(6) The preceding year's Oklahoma Tax Return showing the applicant as an Oklahoma taxpayer; or

(7) Other documentation that the Authority deems sufficient to establish residency.

(b) Documents submitted should provide a valid residential address. Documents listing addresses of P.O.

Boxes are not sufficient proof of residency and will be rejected.

442:10-1-7. Proof of identity

(a) All applicants for non-commercial licenses shall establish their identity through submission of an

electronic copy or digital image in color of one of the following unexpired documents:

(1) An Oklahoma issued driver's license or Real ID;

(2) An Oklahoma Identification Card;

(3) A United States Passport or other photo identification issued by the United States government;

(4) A tribal identification card approved for identification purposes by the Oklahoma Department of

Public Safety; or

(5) Other documentation that the Authority deems sufficient to establish identity.

(b) All commercial license applicants shall establish their identity through submission of an electronic copy

or digital image in color of one of the following unexpired documents:

(1) Front of an Oklahoma issued driver's license or Real ID;

(2) Front of an Oklahoma Identification Card or Real ID;

(3) A United States Passport or other photo identification issued by the United States government;

(4) A tribal identification card approved for identification purposes by the Oklahoma Department of

Public Safety; or

(5) Other documentation that the Authority deems sufficient to establish identity.

442:10-1-8. Applicant photograph

The digital photograph to be submitted with an application shall:

(1) Be a clear, color photograph of the head and top of the shoulders;

(2) Be an image file in a .jpg, .png or .gif digital image format no larger than 3 MB in size;

(3) Be in one of the following approved formats:

(A) A scanned photograph shall be scanned at a resolution of 300 pixels per inch from a 2 x 2 inch

image with dimensions in a square aspect ratio (the height must be equal to the width).

(B) A captured image must have minimum acceptable pixel dimensions of 600 x 600 pixels and

maximum acceptable pixel dimensions of 1200 x 1200 pixels.

(4) Be taken within the last six (6) months to reflect the applicant's appearance;

(5) Be taken in front of a plain white or off-white background;

(6) Be taken in full-face view directly facing the camera at eye level with nothing obscuring the face,

such as a hat or eyewear:

(A) If a hat or head covering is worn for religious purposes, submit a signed statement that verifies

the hat or head covering in the photo is part of recognized, traditional religious attire that is

customarily or required to be worn continuously in public.

(B) If a hat or head covering is worn for medical purposes, submit a signed doctor's statement

verifying the hat or head covering in the photo is used daily for medical purposes.

hairline or cast shadows on your face.

(7) Be taken with a neutral facial expression (preferred) or a natural smile, and with both eyes open;

(8) Not be digitally enhanced or altered to change the appearance in any way; and

(9) Sufficiently resemble the photograph included in any identification provided for proof of identity

or residence.

442:10-1-9. Recommending physician registration

(a) A physician may file a registration with the Authority as a recommending physician on a form

prescribed by the Authority if the physician holds a valid, unrestricted and existing license to practice in the

State of Oklahoma.

(b) If a physician chooses to register with the Authority, a registration must include, at a minimum, all of

the following:

(1) The physician's full name, business address, professional email address, telephone numbers and, if

the physician owns or is affiliated with a medical practice, the name of the medical practice;

(2) The physician's medical license number; and

(3) A certification by the physician that states that the physician's Oklahoma license to practice

medicine is active and in good standing.

442:10-1-9.1. Recommending physician standards

(a) Any Physician, before making a recommendation for medical marijuana under these provisions, shall be

in "good standing" with the State Board of Medical Licensure and Supervision or the State Board of

Osteopathic Examiners. Physicians in residency or other graduate medical training do not meet the definition

of Physician under this Subchapter and any recommendation for a patient medical marijuana license will be

rejected by the Authority.

(b) When recommending a medical marijuana license, a physician shall use the accepted standards a

reasonable and prudent physician would follow when recommending any medication to a patient.

SUBCHAPTER 2. MEDICAL MARIJUANA LICENSES

442:10-2-1. Application for patient license

(a) The application for a patient license shall be on the Authority issued form and shall include at a

minimum:

(1) The applicant's first name, middle name, last name and suffix, if applicable;

(2) The applicant's valid mailing address;

(3) The applicant's date of birth;

(4) The applicant's telephone number and email address;

(5) The signature of the applicant attesting the information provided by the applicant is true and correct;

and

(6) The date the application was signed.

(b) An application must be submitted within thirty (30) days of signature or it will be rejected by the

Authority.

(1) Documents establishing the applicant is an Oklahoma resident as established in OAC 442:10-1-6

(relating to proof of residency).

(2) Documents establishing proof of identity as established in OAC 442:10-1-7 (relating to proof of

identity).

(3) A digital photograph as established in OAC 442:10-1-8 (relating to applicant photograph).

(4) A certification and recommendation from an Oklahoma Physician dated within thirty (30) days of

the date of submission of the application to the Authority, on the form provided by the Authority, which

includes the following:

(A) The physician's name and medical license number including an identification of the physician's

license type;

(B) Office address on file with the physician's licensing board;

(D) The patient/applicant's date of birth;

(E) The physician's signed and dated attestation of the following:

(i) The physician has established a medical record and has a bona fide physician-patient

relationship;

(ii) The physician has determined the presence of a medical condition(s) for which the

patient/applicant is likely to receive therapeutic or palliative benefit from use of medical

marijuana;

(iii) The patient/applicant is recommended a medical marijuana license according to the

accepted standards a reasonable and prudent physician would follow for recommending or

approving any medication as described at OAC 442:10-1-9.1 (relating to recommending

physician standards);

(iv) If applicable, the patient/applicant is homebound and unable to ambulate sufficiently to

allow them to regularly leave their residence; and the physician believes the patient/applicant

would benefit from having a caregiver with a caregiver's license designated to manage the

patient's medical marijuana on the patient's behalf;

(v) The information provided by the physician in the certification is true and correct; and

(vi) Stating the method by which the physician verified the patient's identity as provided in OAC

442:10-1-7 (relating to proof of identity).

(d) Payment of the application fee as established in 63 O.S. § 420 et seq. is required unless the applicant is

insured by Medicaid or Medicare.

(1) If the applicant is insured by Medicaid or Medicare, the applicant must provide a copy of their

insurance card or other acceptable verification.

(2) Upon receipt of this verification the Authority may attempt to verify the applicant is currently

insured by the insuring agency.

(3) If the Authority is unable to verify the insurance, the application shall be rejected until verification is

obtained.

(4) All applicants who are verified as being insured by Medicaid or Medicare shall pay a reduced

application fee as established in 63 O.S. § 420 et seq.

(5) Application fees are nonrefundable.

(e) An applicant who can demonstrate his or her status as a one-hundred-percent-disabled veteran shall pay a

reduced application fee of $20.00 and shall have the opportunity to submit the license application and

payment by means other than solely online and in a manner approved by the Authority. In order to qualify,

an applicant must submit with his or her application a letter or other official documentation from the U.S.

Department of Veteran Affairs or an agency of the U.S. Department of Defense establishing that the

applicant is a veteran with a service disability and stating the percent of the disability is one-hundred

percent. Such letter or documentation must be signed within six (6) months of submission of the application

unless documentation submitted demonstrates the individual's status as a permanent one-hundred-percent-

disabled veteran.

(f) An applicant who can meet the requirements for a patient license established in OAC 442:10-2-1 but

whose physician recommendation for medical marijuana is only valid for sixty (60) days shall be issued a

short-term medical marijuana license. A short-term medical marijuana license shall be valid for sixty (60)

days. The initial license and renewal fee shall be $100.00, unless the applicant can prove he or she is insured

by Medicaid or Medicare in accordance with OAC 442:10-2-1(d) or is a one-hundred-percent-disabled

veteran in accordance with OAC 442:10-2-1(e), in which case applicant shall pay a reduced fee of $20.00.

442:10-2-2. Application for patient license for persons under age eighteen (18)

(a) The application for a patient license for persons under the age of eighteen (18) shall be on the

Authority issued form and shall include at a minimum:

(1) The first name, middle name, last name and suffix, if applicable, of the applicant and of the

applicant's parent(s) or legal guardian(s);

(2) The mailing address of the applicant and of the applicant's parent(s) or legal guardian(s);

(3) The date of birth of the applicant and of the applicant's parent(s) or legal guardian(s);

(4) The telephone number and email address of the applicant and/or the applicant's parent(s) or legal

guardian(s);

(5) If the person submitting the application on behalf of a minor is the minor's legal guardian, a copy

of documentation establishing the individual as the minor's legal guardian;

(6) The signature and attestation by the parent(s) or legal guardian(s) that the information provided in

the application is true and correct; and

(7) The date the application was signed.

(b) An application must be submitted within thirty (30) days of signature or it will be rejected by the

Authority.

(1) Documents establishing the applicant's parent(s) or legal guardian(s) is an Oklahoma resident as

established in OAC 442:10-1-6 (relating to proof of residency).

(2) Documents establishing proof of identity as set forth in OAC 442:10-1-7 (relating to proof of

identity) for the applicant and the applicant's parent(s) or legal guardian(s).

(3) A digital photograph, as established in OAC 442:10-1-8 (relating to applicant photograph), of the

applicant and the applicant's parent(s) or legal guardian(s).

(4) Certifications and recommendations from two Oklahoma physicians dated within thirty (30) days

of the date of submission of the application to the Authority, on the forms provided by the Authority,

and including the information required under OAC 442:10-2-1(c)(4).

(d) Minor Patient Licenses are valid for a term of two (2) years, or until the minor turns age eighteen (18),

whichever occurs first.

(e) Under no circumstances shall a minor patient license holder be authorized to smoke or vaporize any

medical marijuana or medical marijuana products, unless both recommending physicians agree it is

medically necessary. This Subsection does not prohibit minors from using nebulizers or other aerosolized

medical devices.

(f) Payment of the application fee as established in 63 O.S. § 420 et seq. is required unless the applicant is

insured by Medicaid or Medicare.

(1) If the applicant is insured by Medicaid or Medicare, the applicant must provide a copy of their

insurance card or other acceptable verification.

(2) Upon receipt of this verification the Authority may attempt to verify the applicant is currently

insured by the insuring agency.

(3) If the Authority is unable to verify the insurance, the application shall be rejected until verification

is obtained.

(4) All applicants who are verified as being insured by Medicaid or Medicare shall pay a reduced

application fee as established in 63 O.S. § 420 et seq.

(5) Application fees are nonrefundable.

(g) An applicant who can meet the requirements for a minor patient license as established in OAC 442:10-

2-2 but whose physician recommendations for medical marijuana are only valid for sixty (60) days shall be

issued a short-term medical marijuana license. A short-term medical marijuana license shall be valid for

sixty (60) days. The initial license and renewal fee shall be $100.00, unless the applicant can prove he or she

is insured by Medicaid or Medicare in accordance with OAC 442:10-2-2(f), in which case applicant shall

pay a reduced fee of $20.00.

442:10-2-3. Application for caregiver's license

(a) Applications for a caregiver's license for caregivers of a licensed patient may be made at any time during

the term of the patient license.

(b) Only one caregiver's license shall be issued for each patient license, except in the case of a licensed

patient under the age of eighteen (18) whereby two (2) parents and/or legal guardians may be recognized as

the minor's caregivers, if such minor is homebound.

homebound or does not have the capability to self-administer or purchase medical marijuana due to

developmental disability or physical or cognitive impairment and would benefit by having a designated

caregiver to manage medical marijuana on the behalf of the patient as provided in OAC 442:10-2-

1(c)(4)(E)(iv).

(d) The caregiver's application shall be made on a form provided by the Authority and shall include the

following:

(1) All information and documentation for the caregiver provided for in OAC 442:10-2-1(a) and (c)

except there shall be no medical certification from an Oklahoma Physician nor fee assessed for a

caregiver's license;

(2) A signed and dated attestation from the patient license holder or patient applicant, or the patient's

parent(s) or legal guardian(s) if patient is under eighteen (18) years of age, appointing the caregiver as

their designee under this provision. If the patient license holder is incapacitated or subject to legal

guardianship, a durable medical power of attorney or a court order for guardianship may be submitted

and the person appointed to act under that document may execute the notarized statement; and

(3) The patient license number shall be included in the application.

(e) A caregiver issued and in possession of a valid, unexpired OMMA caregiver license may exercise the

same rights as the medical marijuana patient license holder for whom he or she is designated caregiver,

except that:

(1) A caregiver may not use the medical marijuana or medical marijuana products obtained on behalf of

the medical marijuana patient license holder; and

(2) A caregiver may only exercise cultivation rights on behalf of up to five (5) medical marijuana patient

license holders and shall not charge a medical marijuana patient licensee for cultivating medical

marijuana in excess of actual costs incurred in cultivating the medical marijuana.

(f) A caregiver shall immediately notify the Authority in a manner prescribed by the Authority if the medical

marijuana patient license holder for whom he or she is designated caregiver is deceased.

442:10-2-3.1. Withdrawal of a caregiver's authorization

(a) A medical marijuana patient license holder may withdraw a caregiver's license at any time by providing

written or electronic notification to the Authority, on the Authority provided form, and the Authority shall

immediately withdraw the license. This withdrawal shall not be subject to appeal.

(b) Upon notice from the Authority that the caregiver's license has been withdrawn, the caregiver shall

immediately return his or her license to the Authority.

442:10-2-4. Application for temporary patient license

(a) Temporary patient license application shall be made on a form provided by the Authority and shall

include the following:

(1) All information provided for in OAC 442:10-2-1(a) (relating to patient license application);

(2) Electronic copy or digital image in color of applicant's unexpired out-of-state medical marijuana

patient license;

(3) Electronic copy or digital image in color of one of the following unexpired documents:

(A) A valid state issued driver's license;

(B) A valid state issued Identification Card;

(D) Other documentation that the Authority deems sufficient to establish identity;

(4) A digital photograph as established in OAC 442:10-1-8 (relating to applicant photograph); and

(5) If a temporary patient applicant is under the age of eighteen (18), in addition to complying with

paragraphs (1),(2), and (3) of this subsection, applicant shall also comply with OAC 442:10-2-2(a)(1)-

(7).

(b) Digital images of the records required in this Section shall be of sufficient clarity that all text is legible.

See the requirements specified in OAC 442:10-1-8 (relating to applicant photograph) for resolution

guidance.

(d) Application fees are nonrefundable.

442:10-2-5. Term and renewal of medical marijuana patient and caregiver licenses

(a) Patient License Term. Medical marijuana patient licenses issued under OAC 442:10-2-1 and OAC

442:10-2-2 shall be for a term of two (2) years from the date of issuance, unless the physician

recommendation is terminated by the physician, the medical marijuana patient license holder is deceased, or

the license is revoked by the Authority or voluntarily surrendered by the patient.

(b) Short-term patient license term. Short-term medical marijuana patient licenses issued under OAC

442:10-2-1(f) and OAC 442:10-2-2(g) shall be for a term of sixty (60) days from the date of issuance, unless

the physician recommendation is terminated by the physician, the short-term patient license holder is

deceased, or the license is revoked by the Authority or voluntarily surrendered by the patient.

underlying patient license regardless of the issue date.

(d) Temporary patient license term. Temporary patient licenses issued under OAC 442:10-2-4 shall be for

a term of thirty (30) days from the date of issuance, unless the temporary patient license holder is deceased

or the license is revoked by the Authority or voluntarily surrendered by the patient; however, temporary

patient licenses may not extend beyond the expiration date of the underlying out-of-state medical marijuana

patient license.

(e) Change in information.

(1) All patient and caregiver licensees shall ensure that all information and records maintained in the

licensee's online OMMA license account are complete, accurate, and updated in a timely manner.

(2) Patient and caregiver licensees shall obtain Authority approval for any changes that affect the

licensee's qualifications for licensure.

(3) Patient and caregiver licensees submitting a name change request must provide information and

documentation relating to proof of identity, including but not limited to the following:

(A) Documents establishing proof of identity as established in OAC 442:10-1-7 (relating to proof of

identity); and

(B) A marriage license, divorce decree, or other documentation the Authority deems sufficient to

establish a valid name change.

(f) Renewal. It is the responsibility of the license holder to renew the license, with all applicable

documentation, prior to the date of expiration of the license by following the procedures provided in OAC

442:10-2-1, 442:10-2-2, 442:10-2-3, and/or 442:10-2-4. The Authority may refuse to renew a license of a

patient or caregiver for the following:

(1) Failure to meet the requirements for licensure set forth in 63 O.S. § 420 et seq; the Oklahoma

Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or OAC 442:10.

(2) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient Protection

Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a

et seq.; or OAC 442:10.

(g) Renewal fee. The fee for renewal shall be the fee established in statute or under this Chapter for the

license. Application fees are nonrefundable.

(h) Surrender of license.

(1) A licensed patient or caregiver may voluntarily surrender a license to the Authority at any time.

(2) If a licensee voluntarily surrenders a license, the licensee shall:

(A) Return the license to the Authority;

(B) Submit a surrender license form provided by the Authority; and

442:10-1-7 (relating to Proof of Identity).

(3) Patient and caregiver surrender forms and any other documentation or information submitted by a

patient or caregiver shall be confidential.

(i) Physician termination.

(1) A recommending physician who determines the continued use of medical marijuana by the patient

no longer meets the requirements for possession of a license may notify the Authority of the physician's

intent to terminate the physician recommendation by submitting a physician termination form provided

by the Authority signed within thirty (30) days of submission. A physician termination renders the

patient license immediately null and void without the right to an individual proceeding.

(2) The Authority shall then immediately terminate the patient license. If the physician fails to comply

with any further requests for information or documentation that the Authority deems necessary to

validate the physician termination, the Authority may refuse to terminate the patient license.

(3) The Authority shall not terminate a minor patient license unless both recommending physicians have

submitted a physician termination form.

(j) License revocation and suspension. Except as otherwise provided in applicable Oklahoma law and

these Rules, procedures for nonrenewal, revocation, and suspension of licenses are stated in the Oklahoma

Administrative Procedures Act, 75 O.S. § 250 et seq. These procedures provide for the licensee to receive

notice and to have the opportunity to be present at a hearing and to present evidence in his or her defense.

The Executive Director or his or her designee may promulgate an administrative order revoking or

suspending the license, dismissing the matter, or providing for other relief as allowed by law. At any time

after the action is filed against the licensee, the Authority and the licensee may dispose of the matter by

consent order or stipulation. Orders are appealable in accordance with the Oklahoma Administrative

Procedures Act, 75 O.S. § 250 et seq.

(k) Patient license reprint. All medical marijuana patient licensees may request a reprint of their license in

the event the physical license is lost, destroyed, or otherwise misplaced by the licensee. The medical

marijuana patient licensee shall be charged a $20.00 fee for the license reprint.

442:10-2-6. Information contained on patient and caregiver license

Licenses issued pursuant to Sections 442:10-2-1, 2, 3, and 4 of this Subchapter shall contain the

following:

(1) The digital photograph of the license holder;

(2) The name and date of birth of the license holder;

(3) The name of parent(s) or legal guardian(s) of minor license holder, if applicable;

(4) The city and county of residence of the license holder;

(5) The type of license;

(6) The date the license expires; and

(7) The unique 24- character license number assigned to the license holder and caregiver, if applicable.

442:10-2-7. Medical marijuana license verification system

The Authority will make available on its website and via telephone a system by which authenticity and

validity of medical marijuana patient and caregiver licenses may be verified.

442:10-2-8. Possession limits

(a) A patient who has been issued and is in possession of an OMMA medical marijuana license is legally

authorized to:

(1) Consume marijuana legally;

(2) Legally possess up to three (3) ounces (84.9 grams) of marijuana on their person;

(3) Legally possess six mature marijuana plants and the harvested marijuana therefrom;

(4) Legally possess six seedling plants;

(5) Legally possess (1) ounce (28.3 grams) of concentrated marijuana;

(6) Legally possess seventy-two (72) ounces (2,037.6 grams) of edible marijuana;

(7) Legally possess up to eight (8) ounces (226.4 grams) of marijuana in their residence; and

(8) Legally possess seventy-two (72) ounces of topical marijuana.

(b) These possession limits are cumulative and a licensed patient or caregiver may possess at one time the

totality of the items listed in this Section.

442:10-2-9. Prohibited acts and penalties

(a) A licensed patient shall not sell or otherwise transfer any medical marijuana or medical marijuana

products to another individual or entity. Intentional and impermissible diversion of medical marijuana or

medical marijuana products by a licensed patient may result in, for a first offense, a fine of $400.00, and for

a second offense, a fine of $1,000 and revocation of license upon a showing that the violation was willful or

grossly negligent. A licensed patient who shares less than three (3) grams of medical marijuana with an

unauthorized person, without the transfer being for value or other consideration, shall not be subject to

criminal prosecution but shall be subject to an administrative fine of four hundred dollars ($400).

(b) A licensed caregiver shall not sell or otherwise transfer any medical marijuana or medical marijuana

products to any individual other than the licensed patient on whose behalf the caregiver is lawfully

authorized to grow, possess, purchase or otherwise obtain said medical marijuana or medical marijuana

products. Intentional and impermissible diversion of medical marijuana or medical marijuana products by a

licensed caregiver may result in, for a first offense, a fine of $400.00, and for a second offense, a fine of

$1,000 and revocation of license upon a showing that the violation was willful or grossly negligent. A

licensed caregiver who shares less than three (3) grams of medical marijuana with an unauthorized person,

without the transfer being for value or other consideration, shall not be subject to criminal prosecution but

shall be subject to an administrative fine of four hundred dollars ($400).

grown on real property owned by the patient license holder or on real property for which the patient license

holder has the property owner's written permission to grow medical marijuana on the property. The growth

of medical marijuana in locations not permitted under this Subsection is prohibited.

(d) Any and all medical marijuana grown by licensed patients or caregivers shall not be accessible to a

member of the general public.

(e) Any and all medical marijuana grown by licensed patients or caregivers shall not be visible from any

street adjacent to the property. Medical marijuana is "visible" if it is viewable by a normal person with 20/20

eyesight without the use of any device to assist in improving viewing distance or vantage point.

(f) No licensed patient or caregiver shall operate or otherwise use any extraction equipment or processes

utilizing butane, propane, carbon dioxide or any potentially hazardous material in or on residential property.

442:10-2-10. Confidential patient information

All records and information submitted to or maintained by the Authority containing patient and

caregiver information shall be kept confidential.

442:10-2-11. Restrictions on smokable medical marijuana and medical marijuana products

All smokable, vaporized, vapable and e-cigarette medical marijuana and medical marijuana products

smoked by a patient license holder are subject to the same restrictions for tobacco under Section 1-1521 et.

seq. of Title 63 of Oklahoma statutes, commonly referred to as the "Smoking in Public Places and Indoor

Workplaces Act."

SUBCHAPTER 3. TRANSPORTER LICENSE

442:10-3-1. License for transportation of medical marijuana

(a) A medical marijuana transporter license shall be issued to qualifying applicants for grower, processor,

dispensary, laboratory, research facility, or education facility licenses at the time of approval. This license

shall enable licensed growers, processors, dispensaries, laboratories, research facilities, and education

facilities to apply for and receive individual transporter agent licenses for agents, employees, officers or

owners of the commercial licensed facility. Through their licensed transporter agents, licensed growers,

processors, dispensaries, laboratories, research facilities, and education facilities may transport medical

marijuana or medical marijuana products to other commercial licensees. This license shall not authorize

licensed growers, processors, dispensaries, laboratories, research facilities, or education facilities to

transport, store, or distribute medical marijuana or medical marijuana products on behalf of other medical

marijuana licensees.

(b) A medical marijuana commercial transporter license shall be issued as an independent business license to

applicants meeting the requirements set forth in OAC 442:10-5-3, OAC 442:10-5-3.1, and OAC 442:10-5-

3.2. This license shall be subject to the same restrictions and obligations as any commercial licensee and

shall enable the commercial transporter to:

(1) transport, store, and distribute medical marijuana and medical marijuana products on behalf of other

commercial licensees;

(2) contract with multiple commercial licensees; and

(3) maintain multiple warehouses at licensed premises that are approved by the Authority for the

purpose of temporarily storing and distributing medical marijuana and medical marijuana products.

warehouse location a certificate of compliance issued by the political subdivision where the licensed

premises is to be located certifying compliance with the categories listed in 63 O.S. § 426.1(E), and the

licensed premises shall meet security requirements applicable to a medical marijuana business.

(d) A commercial transporter applicant or licensee must have each warehouse location inspected and

approved by the Authority prior to its use.

(e) A commercial transporter shall be responsible for any and all medical marijuana and medical marijuana

products within its custody, control, or possession.

(f) No person or entity shall transport or otherwise transfer any medical marijuana or medical marijuana

products without both a valid transporter license and a valid transporter agent license.

442:10-3-2. Requirements for transportation of marijuana

(a) With the exception of a lawful transfer between medical marijuana businesses that are licensed to operate

at the same physical address, all medical marijuana and medical marijuana products shall be transported:

(1) In a locked shipping container, shielded from public view, and clearly labeled "Medical Marijuana or

Derivative"; and

(2) In a secured area of the vehicle that is not accessible by the driver during transit.

(b) All vehicles used to transport medical marijuana and medical marijuana products shall be:

(1) Equipped with active Global Positioning System (GPS) trackers, which shall not be mobile cellular

devices and which shall be capable of storing and transmitting GPS data; and

(2) Insured at or above the legal requirements in Oklahoma.

education facilities shall maintain updated and accurate records and information on all vehicles engaged in

the transport of medical marijuana or medical marijuana products, including GPS data and records. Such

records and information shall be kept at the licensed premises for at least seven (7) years and shall be readily

accessible.

(d) Licensed transporter agents shall carry a copy of the commercial transporter license or the grower,

processor, dispensary, laboratory, research facility, or education facility transportation license, and the

transporter agent's license while transporting medical marijuana. Penalties for violations of this subsection

shall include fines in the amounts set forth in Appendix C against the individual transporter and the

employing commercial transporter, grower, processor, dispensary, laboratory, research facility, or education

facility for whom the transporting agent is transporting medical marijuana or medical marijuana products at

the time of the violation.

(e) Commercial licensees and transporter agents shall implement appropriate security measures to deter and

prevent the theft and diversion of marijuana during transportation.

(f) Commercial transporters and transporter agents shall comply with all applicable motor vehicle laws.

(g) In addition to any other penalties established by law, the Authority may revoke the transporter agent

license of any transporter agent who knowingly violates any provision of 63 O.S. § 427.16.

(h) In addition to any other penalties established by law, the Authority may revoke or suspend the

transporter license of any commercial transporter who knowingly aids or facilitates a transporter agent in the

violation of any provision of 63 O.S. § 427.16.

442:10-3-3. Transporter agent license

(a) License required. Only agents, employees, officers, or owners of commercial transporters, growers,

processors, dispensaries who are issued a transporter agent license by the Authority shall be qualified to

transport medical marijuana or medical marijuana products.

(b) Application fee. Either the individual applicant for a transporter agent license or the business licensee

employing the applicant shall submit the transporter agent license application or any renewal application to

the Authority on a form and in a manner prescribed by the Authority, along with the annual application fee

of $25.00 as established in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et

seq.

shall include at a minimum:

(1) The applicant's first name, middle name, last name, and suffix, if applicable;

(2) The applicant's residential address and valid mailing address;

(3) The applicant's date of birth;

(4) The applicant's telephone number and email address;

(5) The applicant's Oklahoma driver license number and expiration date;

(6) An affidavit of lawful presence signed by the transporter agent applicant;

(7) An attestation that the transporter agent applicant shall not divert medical marijuana or medical

marijuana products to any entity or individual that is not lawfully entitled to possess;

(8) An attestation that the transporter agent understands and/or has been notified that the business

licensee identified as the employer in the application may terminate the transporter agent license at any

time; and

(9) An attestation that the information provided in the application is true and correct.

(d) Supporting documentation. A complete application shall include the following documentation:

(1) A copy of the applicant's valid, unexpired Oklahoma driver license;

(2) Documents establishing the applicant is an Oklahoma resident as established in OAC 442:10-1-6

(relating to proof of residency);

(3) A digital photograph as established in OAC 442:10-1-8 (relating to applicant photograph).

(4) An employment verification form prescribed by the Authority verifying the applicant's employment

with a commercial transporter, grower, processor, dispensary, laboratory, research facility, or education

facility; and

(5) A criminal background check conducted by the Oklahoma State Bureau of Investigation establishing

that the applicant does not have a disqualifying criminal conviction.

(e) License term. A transporter agent license shall be valid for one year, unless the license is deactivated by

the business licensee employing the transporter agent, voluntarily surrendered, or revoked by the Authority.

Transporter agent licenses shall not extend beyond the expiration, surrender, or revocation of the business

license of the commercial transporter, grower, processor, dispensary, laboratory, research facility, or

education facility employing the transporter agent.

(f) Renewal. It is the responsibility of the license holder to renew the license, with all applicable

documentation, prior to the date of expiration of the license by following the procedures provided in OAC

442:10-3-3. The Authority may refuse to renew a license of a transporter agent for the following:

(1) Failure to meet the requirements for licensure set forth in the Oklahoma Medical Marijuana and

Patient Protection Act, 63 O.S. § 427.1 et seq., or OAC 442:10.

(2) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient Protection

Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a

et seq.; or OAC 442:10.

(g) License reprints. Transporter agents may request a reprint of their license in the event the physical

license is lost, destroyed, or otherwise misplaced by the licensee. The transporter agent shall be charged a

$20.00 fee for the license reprint.

442:10-3-4. Employer deactivation of transporter agent license

(a) Commercial transporters, growers, processors, dispensaries, laboratories, research facilities, or education

facilities employing a transporter agent shall notify the Authority within fourteen (14) days in the manner

and on the form prescribed by the Authority when a transporter agent ceases to work as a transporter, and

the transporter agent license shall be deactivated. This deactivation shall not be subject to appeal.

(b) The commercial transporter, grower, processor, dispensary, laboratory, research facility, or education

facility is responsible for destroying or returning to the Authority any deactivated transporter agent license.

442:10-3-5. Information contained on a transporter agent license

(a) A qualifying applicant for a transporter agent license shall be issued a registry identification card,

otherwise referred to as a transporter agent license.

(b) The transporter agent shall carry the transporter agent license and a copy of his or her employer's

transporter license at all times during transportation of medical marijuana or medical marijuana products.

(1) The digital photograph of the license holder;

(2) The name and date of birth of the license holder;

(3) The type of license;

(4) The date the license expires; and

(5) The unique license number assigned to the license holder.

(d) Licensees shall not accept any medical marijuana or medical marijuana products from a transporter

agent who is not in possession of a transporter agent license.

442:10-3-6. Inventory manifests

(a) Commercial transporters, growers, processors, dispensaries, laboratories, research facilities, and

education facilities shall utilize the State inventory tracking system in accordance with OAC 442:10-5-6(d)

to create and maintain shipping manifests documenting all transport of medical marijuana and medical

marijuana products throughout the State of Oklahoma.

(b) When transporting medical marijuana or medical marijuana products, commercial transporters, growers,

processors, and dispensaries shall provide copies of the inventory manifests to each originating and

receiving licensee at the time the product changes hands.

(1) The copy of the inventory manifest to be left with the originating licensee shall include, at a

minimum:

(A) The license number, business name, address, and contact information of the originating licensee;

(B) The license number, business name, address, and contact information of the commercial

transporter, grower, processor, dispensary, laboratory, research facility, or education facility

transporting the medical marijuana if such licensee is not the originating licensee;

transported, including the quantities by weight or unit of each type of medical marijuana and

medical marijuana products and the batch number(s);

(D) The date of transportation and the approximate time of departure;

(E) Printed names, signatures, and transporter agent license numbers of personnel accompanying the

transport;

(F) Notation of the commercial transporter, grower, processor, dispensary, laboratory, research

facility, or education facility authorizing the transport; and

(G) The license number(s), business name(s), address(es), and contact information for all end point

recipients.

(2) The copy of the inventory manifest to be left with the receiving licensee shall include, at a minimum:

(A) The license number, business name, address, and contact information for the receiving licensee;

(B) The license number, business name, address, and contact information of the originating licensee;

transporter, grower, processor, dispensary, laboratory, research facility, or education facility

transporting the medical marijuana if such licensee is not the originating licensee;

(D) A complete inventory of the medical marijuana and medical marijuana products delivered to the

receiving licensee, including the quantities by weight or unit of each type of medical marijuana and

medical marijuana products and the batch number(s);

(E) The date and estimated time of arrival;

(F) The printed names, signatures, and transporter agent license numbers of the personnel

accompanying the transport; and

(G) The printed names, titles, and signatures of any personnel accepting delivery on behalf of the

receiving licensee.

medical marijuana products.

(d) Commercial transporters, processors, growers, dispensaries, laboratories, research facilities, or education

facilities shall also maintain copies of all inventory manifests in accordance with OAC 442:10-5-6(b).

(e) Inventory manifests should reflect all medical marijuana and medical marijuana products being

transported, including all instances in which the medical marijuana and medical marijuana products are

stored at a commercial transporter warehouse.

(f) Originating and receiving licensees shall maintain copies of inventory manifests and inventory records

logging the quantity of medical marijuana or medical marijuana products received for at least seven (7)

years from the date of receipt.

(g) An inventory manifest shall not be altered after departing from the originating licensee's premises, except

to make the following changes:

(1) The addition of the printed names, titles, and signatures of any personnel accepting delivery on

behalf of the receiving licensee;

(2) Documenting any refusal to accept delivery of medical marijuana or medical marijuana products or

if delivery of the medical marijuana or medical marijuana products is impossible, which shall include, at

minimum:

(A) The license number, business name, address, and contact information of the licensee to which

the medical marijuana or medical marijuana products were to be delivered;

(B) A complete inventory of the medical marijuana or medical marijuana products being returned,

including batch number;

(D) Documentation establishing the medical marijuana or medical marijuana products were returned

in accordance with OAC 442:10-3-6(i).

(h) A receiving licensee shall refuse to accept any medical marijuana or medical marijuana products that are

not accompanied by an inventory manifest.

(i) If a receiving licensee refuses to accept delivery of any medical marijuana and/or medical marijuana

product or if delivery of the medical marijuana or medical marijuana is impossible, the medical marijuana

and/or medical marijuana products shall be immediately returned to originating licensee who retains legal

ownership of the products and the refusal shall be fully documented in accordance with OAC 442:10-3-

6(g)(2).

SUBCHAPTER 4. RESEARCH FACILITIES AND EDUCATION FACILITIES

442:10-4-1. License required

(a) No person or entity shall operate a research facility or education facility without first obtaining a

license from the Authority pursuant to 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq., other applicable Oklahoma laws, and the Rules in this Chapter. All

research and development conducted by a medical marijuana research facility or education facility shall be

conducted in furtherance of an approved research project. Only a person who is in compliance with the

requirements of Oklahoma law and these Rules shall be entitled to receive or retain such a license.

(b) All license applications shall be complete and accurate in every detail, shall include all attachments or

supplemental information required by the forms supplied by the Authority, and shall be accompanied by full

remittance of the entire application fee. Any misstatements, omissions, misrepresentations, or untruths made

in the application shall be grounds for administrative action against the licensee by the Authority.

(d) Application fees are nonrefundable.

(e) A medical marijuana research facility license may be issued for the following purposes, with the

exception that biomedical and clinical research subject to federal regulations and institutional oversight is

not subject to licensure or regulation by the Authority:

(1) To test chemical potency and composition levels;

(2) To conduct clinical investigations of marijuana-derived medicinal purposes;

(3) To conduct research on the efficacy and safety of administering marijuana as part of a medical

treatment;

(4) To conduct genomic, horticultural, or agricultural research; and

(5) To conduct research on marijuana-affiliated products or systems.

(f) A medical marijuana education facility license may be issued for the following purposes, with the

exception that biomedical and clinical research subject to federal regulations and institutional oversight is

not subject to licensure or regulation by the Authority:

(1) To test cultivation techniques, strategies, infrastructure, mediums, lighting, and other related

technology;

(2) To demonstrate cultivation techniques, strategies, infrastructure, mediums, lighting, and other

related technology;

(3) To demonstrate the application and use of product manufacturing technologies;

(4) To conduct genomic, horticultural, or agricultural research; and

(5) To conduct research on marijuana-affiliated products or systems.

442:10-4-1.1. Responsibilities of the license holder

Upon acceptance of the license issued by the Authority, the license holder in order to retain the license

shall:

(1) Post the license or permit in a location in the licensed premises that is conspicuous;

(2) Comply with the provisions in this Chapter;

(3) Permit representatives of the Authority access to the licensed premises as specified under OAC

442:10-4-4 and 442:10-4-6(e);

(4) Comply with directives of the Authority including time frames for corrective actions specified in

inspection reports, audit reports, notices, orders, warnings, and other directives issued by the Authority

in regard to the license holder's facility or in response to community emergencies;

(5) Accept notices issued and served by the Authority according to law;

(6) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for

failure to comply with this Chapter or a directive of the Authority, including time frames for corrective

actions specified in inspection reports, audit reports, notices, orders, warnings, and other directives;

(7) Ensure that all information and records maintained in the licensee's online OMMA license account-

including the hours of operation for all licensed premises, trade name, and a valid mailing address, if

applicable-are complete, accurate, and updated in a timely manner in accordance with these Rules; and

(8) If applicable, submit the annual renewal application and pay all renewal license and late fees, if

any.

442:10-4-2. Licenses

(a) Timeframe. Research facility and education facility licenses shall be issued for a twelve (12) month

period expiring one (1) year from the date of issuance. The license may be issued upon receipt of a

completed application, payment of application fee, and verification by the Authority the individual or entity

complies with the requirements set forth in Oklahoma law and this Chapter.

(b) Location. Research facility and education facility licenses shall only be valid for a single location at the

address listed on the application. If a single research project will occur in multiple locations, a separate

research facility or education facility license shall be required for each location.

(1) It is the responsibility of the license holder to renew the license, with all applicable documentation,

prior to the date of expiration of the license by following the procedures provided in OAC 442:10-4-3.

(2) Before renewing a license, the Authority may require further information and documentation to

determine the licensee continues to meet the requirements set forth in Oklahoma law and these Rules.

Once a certificate of compliance is properly submitted showing full compliance, no additional certificate

of compliance will be required for license renewal unless a change of use or occupancy occurs, or other

change that would require additional inspection, licensure, or permitting by the state or municipality.

(3) If the research conducted by a research facility licensee includes a public institution or public money,

the Authority shall review any reports made by the licensee to determine if the research continues to

meet qualifications in state law and these Rules.

(4) The Authority may refuse to renew a license of a research or education facility for the following:

(A) Failure to meet the requirements for licensure set forth in 63 O.S. § 420 et seq; the Oklahoma

Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or OAC 442:10.

(B) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act,

63 O.S. § 427a et seq.; or OAC 442:10.

(5) Upon the determination that a licensee has not met the requirements for renewal, the Authority shall

provide written notice to the licensee. The notice shall provide an explanation for the denial of the

renewal application.

(6) A commercial licensee that attempts to renew its license after the expiration date of the license shall

pay a nonrefundable late renewal fee in the amount of $500.00 to reinstate the license once processed. A

license that has been expired for more than ninety (90) days shall not be renewed.

(d) Liquidation of products. A research facility or education facility licensee whose license is not renewed,

or whose license is revoked, suspended, or voluntarily surrendered, shall cease all operations immediately

upon expiration of the license and shall liquidate or dispose of all medical marijuana and medical marijuana

products in accordance with OAC 442:10-5-2(d).

(e) Change in information.

(1) Licensees shall notify the Authority in writing within fourteen (14) days of any changes in contact

information by electronically submitting a change request in accordance with the Authority's

instructions.

(2) Licensees shall obtain Authority approval for any material changes that affect the licensee's

qualifications for licensure. No licensee shall operate under the conditions of a material change unless

and until the Authority has approved in writing the material change. Licensees shall submit a material

change request to the Authority in writing in advance of any material change that may affect the

licensee's qualifications for licensure by electronically submitting a change request, along with any

relevant documentation and fees, in accordance with the Authority's instructions. When submitting a

material change request, the licensee will be required to pay a $500.00 nonrefundable fee. Except as is

otherwise authorized by the Authority, licensees are limited to one location change request and one

ownership change request per year of licensure.

(A) Medical marijuana research and education licensees submitting a location change must provide

the information and documentation required in OAC 442:10-4-3 relating to locations, including but

not limited to the following:

(i) A certificate of compliance as required in OAC 442:10-4-3(e)(1) on a form prescribed or

otherwise authorized by the Authority that is issued by the political subdivision where the

licensed premises is to be located certifying compliance with the categories listed in 63 O.S. §

426.1(E); and

(ii) Any further documentation the Authority determines is necessary to ensure the business

licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(B) Medical marijuana research and education licensees submitting an ownership change request

must provide the information and documentation required in OAC 442:10-4-3 relating to owners,

including but not limited to the following:

(i) If applicable, a list of all owners and principal officers of the applicant and supporting

documentation as set forth in OAC 442:10-4-3(e)(3);

(ii) Documents required under OAC 442:10-4-3(e)(4) establishing that the applicant; and the

members, managers, and board members if applicable; and seventy-five percent (75%) of the

research facility's or education facility's ownership interests are Oklahoma residents as required

in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.;

(iii) For public institutions seeking a research facility license, a background check for each

principal investigator and co-principal investigator; and

(iv) Any further documentation the Authority determines is necessary to ensure the business

licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(3) Licensees shall notify the Authority prior to any changes that affect the initial research project and/or

curriculum, including funding, in a manner prescribed by the Authority. If the research will be

conducted with a public institution or public money, the licensee shall supply any documentation or

information the Authority determines is necessary to determine whether any change to the research

project and/or curriculum constitutes a material change. If there is a material change, the Authority may

deny the change and require the licensee to submit a new application.

(f) Transfer of license.

(1) Licenses shall not be changed from one license type to another.

(2) Licenses are limited to the research project(s) approved by the Authority and shall not be transferred

to any other research project, research, or curriculum.

(g) Surrender of license. A research facility or education facility licensee may voluntarily surrender a

license to the Authority at any time in accordance with OAC 442:10-5-2(g).

442:10-4-3. Applications

(a) Application fee. An applicant for a research facility or education facility license, or renewal thereof,

shall submit to the Authority a completed application on a form and in a manner prescribed by the Authority,

along with the application fee as established in 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana

and Patient Protection Act, 63 O.S. § 427.1 et seq.

(b) Submission. The application shall be on the Authority prescribed form and shall include the following

information about the establishment:

(1) Name of the establishment;

(2) Physical address of the establishment, including the county in which any licensed premises will be

located;

(3) GPS coordinates of the establishment;

(4) Phone number and email of the establishment; and

(5) Hours of operation for any licensed premises.

individual on his or her own behalf shall be on the Authority prescribed form and shall include at a

minimum:

(1) The applicant's first name, middle name, last name, and suffix if applicable;

(2) The applicant's residence address and valid mailing address;

(3) The applicant's date of birth;

(4) The applicant's telephone number and email address;

(5) Indication of the type of research to be conducted;

(6) Indication of any public money involved in the research and/or curriculum, if applicable;

(7) An attestation that the information provided by the applicant is true and correct;

(8) An attestation that any licensed premises shall not be located on tribal lands;

(9) An attestation that the research project does not involve biomedical or clinical research subject to

federal regulations and institutional oversight, which is exempt from Authority regulations, and that

research facility and education facility licenses granted by the Authority are only issued for the research

and/or curriculum described and approved in the application;

(10) An attestation that the use of any public funds or involvement of any public institution for research

purposes must be disclosed at the time of application and that additional information and documentation

regarding the research and/or curriculum may be required to be submitted during and after the

application submission;

(11) An attestation that the applicant adheres to 45 CFR § 46 (Protection of Human Subjects under

United States Law) regulations; and

(12) A statement signed by the applicant pledging not to divert marijuana to any individual or entity that

is not lawfully entitled to possess marijuana.

(d) Application on behalf of an entity. In addition to requirements of Subsection (c), an application for a

research facility or education facility license made by an individual on behalf of an entity shall include:

(1) An attestation that applicant is authorized to make application on behalf of the entity;

(2) Full name of organization;

(3) Trade name, if applicable;

(4) Type of business organization;

(5) Mailing address;

(6) Telephone number and email address;

(7) The name, residence address, and date of birth of each owner, if applicable; and

(8) The name and residence address of each principal investigator or principal officer, if applicable.

(e) Supporting documentation for research facility applicants. Each application for a research facility

shall be accompanied by the following documentation:

(1) A certificate of compliance on a form prescribed or otherwise authorized by the Authority that is

issued by the political subdivision where the licensed premises is to be located certifying compliance

with the categories listed in 63 O.S. § 426.1(E);

(2) If applicable, official documentation from the Secretary of State establishing the applicant's trade

name;

(3) If applicable, a list of all owners and principal officers of the applicant and supporting

documentation, including, but not limited to: certificate of incorporation, bylaws, articles of

organization, operating agreement, certificate of limited partnership, resolution of a board of directors,

or other similar documents;

(4) If applicable, documents establishing the applicant; and the members, managers, and board

members; and seventy-five percent (75%) of the applicant's ownership interests are Oklahoma residents

as required in accordance with OAC 442:10-1-6. This requirement shall not apply to research facility

applicants that are public institutions or Oklahoma non-profit entities registered with the Oklahoma

Secretary of State;

(5) The applicant shall submit a full description of the research including the following:

(A) Defined protocol;

(B) Clearly articulated goals;

(D) Defined start and end date; and

(E) Funding source(s); and

(6) Any further documentation or information the Authority determines is necessary to ensure the

applicant is qualified under Oklahoma law and these Rules to obtain a research facility license.

(f) Supporting documentation for education facility applicants. Each application for an education facility

license shall be accompanied by the following documentation:

(1) A certificate of compliance on a form prescribed or otherwise authorized by the Authority that is

issued by the political subdivision where the licensed premises is to be located certifying compliance

with the categories listed in 63 O.S. § 426.1(E);

(2) An application for an education facility must include non-profit registration with the Oklahoma

Secretary of State;

(3) If applicable, official documentation from the Secretary of State establishing the applicant's trade

name;

(4) If research is being conducted the applicant shall submit a full description of the research including

the following:

(A) Defined protocol;

(B) Clearly articulated goals;

(D) Defined start and end date; and

(E) Funding source(s)

(5) If applicable, the education facility applicant must submit the curriculum and/or a description of the

curricula that will be used; and

(6) Any further documentation or information the Authority determines is necessary to ensure the

applicant is qualified under Oklahoma law and these Rules to obtain an education facility license.

(g) Supporting documentation for public research or education.

(1) Research facility and education facility licensees may contract to perform research and/or education

in conjunction with a public higher education research institution. If the research will be conducted with

a public institution or public money, the Authority shall review the research project and/or curriculum of

the applicant to determine if it meets additional requirements in accordance with the Oklahoma Medical

Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq. The applicant shall supply all relevant

information and documentation to establish that the research or education meets these additional

requirements. The Authority shall review the research or education project to assess:

(A) The quality, study design, value, or impact of the project;

(B) Whether the applicant has the appropriate personnel, expertise, facilities, infrastructure, funding,

and human, animal, or other approvals in place to successfully conduct the project; and

goals of the project.

(2) To assess these criteria, research facility and education facility applications for research or education

involving public institutions or public money shall include:

(A) A description of how public institutions and public funds will be utilized in the research or

education;

(B) A full description of the research project to include:

(i) Abstract;

(ii) Study problem or curriculum;

(iii) Rationale, including identification of the need, gaps, benefits, advance best practices, public

policy or safety

(iv) Literature review, including a bibliography of all referenced materials;

(v) Study or curriculum objectives;

(vi) Research method; and

(vii) Ethical considerations.

explanation for the amount to be purchased or grown;

(D) Contract(s) and agreement(s) with public institutions involved in the research and sources of

public funds supporting the research;

(E) Documentation of applicant's ability to successfully implement the research project and/or

curriculum to include:

(i) Curriculum vitae or resumes for all principal investigators and co-principal investigators;

(ii) Organizational chart; and

(iii) Description of the funding source(s).

(F) Any further documentation or information the Authority determines is necessary to ensure the

applicant is qualified under Oklahoma law and these Rules.

(h) Incomplete application. Failure to submit a complete application with all required information and

documentation shall result in a rejection of the application. The Authority shall notify the applicant via

email through the electronic application account of the reasons for the rejection, and the applicant shall have

thirty (30) days from the date of notification to correct and complete the application without an additional

fee. If the applicant fails to correct and complete the application within the thirty (30) day period, the

application shall expire. Unless the Authority determines otherwise, an application that has been resubmitted

but is still incomplete or contains errors that are not clerical or typographical in nature shall be denied.

(i) Review process. Research facility and education facility license approval shall be assessed by a

procedural review process as determined by the Authority.

(j) Application denial. If the Authority determines that the research or education project does not meet the

requirements of state law or these Rules, the application shall be denied.

442:10-4-4. Inspections

(a) Submission of an application for a medical marijuana research license and educational facility license

constitutes permission for entry to and inspection of any licensed premises during hours of operation and

other reasonable times. Refusal to permit or impeding such entry or inspection shall constitute grounds for

administrative penalties, which may include but are not limited to fines as set forth in Appendix C and the

denial, nonrenewal, suspension, and/or revocation of a license.

(b) The Authority may perform two on-site inspections per calendar year of the licensed research facility or

education facility to determine, assess, and monitor compliance with applicable Oklahoma law and these

Rules or ensure qualifications for licensure.

applicable Oklahoma law and these Rules.

(d) The Authority shall refer all complaints alleging criminal activity or other violations of Oklahoma law

that are made against a licensee to appropriate Oklahoma state or local law enforcement or regulatory

authorities. Except for license information concerning licensed patients, the Authority may share

confidential information to assist other agencies in ensuring compliance with applicable laws, rules and

regulations.

(e) If the Authority discovers what it reasonably believes to be criminal activity or other violations of

Oklahoma law during an inspection, the Authority may refer the matter to appropriate Oklahoma state or

local law enforcement or regulatory authorities for further investigation.

(f) The Authority may review any and all records of a licensee and may require and conduct interviews with

such persons or entities and persons affiliated with such entities, for the purpose of determining compliance

with Authority rules and applicable laws. Failure to make documents or other requested information

available to the Authority and/or refusal to appear or cooperate with an interview shall constitute grounds for

administrative penalties, which may include but are not limited to fines as set forth in Appendix C and the

denial, nonrenewal, suspension, and/or revocation of a license. All records shall be kept on-site and readily

accessible.

(g) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and

Patient Protection Act, 63 O.S. § 427.1 et seq.; or these Rules during an inspection of the licensee, the

Authority shall take administrative action in accordance with Oklahoma law, including the Oklahoma

Administrative Procedures Act, 75 O.S. §§ 250 et seq.

(h) Except as otherwise provided in Oklahoma law or these Rules, correctable violations identified during an

inspection shall be corrected within thirty (30) days of receipt of a written notice of violations. If a licensee

fails to correct violations within thirty (30) days, the licensee will be subject to a fine in the amount set forth

in Appendix C for each violation and any other administrative action and penalty authorized by law.

(i) The Authority may assess fines in the amounts set forth in Appendix C and seek any other administrative

penalties authorized by law against a licensee without providing opportunity to correct when the violation is

not capable of being corrected.

442:10-4-5. Inventory tracking, records, reports, and audits

(a) Monthly reports. Research facility licensees shall submit monthly reports to the Authority, which shall

include:

(1) The amount of marijuana purchased from medical marijuana businesses and research facilities in

pounds;

(2) The amount of medical marijuana grown and used for research in pounds;

(3) The amount of marijuana waste in pounds;

(4) If necessary, a detailed explanation of why any marijuana cannot be accounted for as having been

purchased, used for research, or maintained in current inventory; and

(5) Any information the Authority determines is necessary to ensure that all marijuana grown in

Oklahoma is accounted for as required under 63 O.S. § 420 et seq. the Oklahoma Medical Marijuana

and Patient Protection Act, 63 O.S. § 427.1 et seq.

(6) Upon implementation, submission of information and data to the Authority through the State

inventory tracking system will be required in accordance with the Oklahoma Medical Marijuana

Protection Act, 63 O.S. § 427.1 et seq., and these Rules, and submission of information and data to the

Authority through the State inventory tracking system shall be sufficient to satisfy monthly reporting

requirements.

(b) Transfer or sale. A research facility licensee and an educational facility licensee may only transfer, by

sale or donation, marijuana grown within its operation to medical marijuana research licensees. Research

facility and education facility licensees shall keep records for every transaction related to the donation or

sale of marijuana. Records related to the donation or sale shall include at a minimum the following:

(1) The name and license number of the medical marijuana researcher licensee that purchased or

received the medical marijuana;

(2) The address and phone number of each recipient;

(3) The type of marijuana donated or sold;

(4) The amount of marijuana donated or sold in pounds; and

(5) The date of the donation or sale.

facility licensees shall keep onsite and readily accessible, either in paper or electronic form, a copy of the

records listed below. Except as otherwise specifically provided in Oklahoma law and this Chapter, all

records shall be maintained for at least seven (7) years from the date of creation.

(1) Business records, which may include but are not limited to employee records, organizational

documents or other records relating to the governance and structure of the licensee, manual

or computerized records of assets and liabilities, monetary transactions, tax records, journals, ledgers,

and supporting documents, including agreements, checks, invoices, receipts, and vouchers.

(2) As applicable, any documents related to the processing, preparation, transportation, sampling, and/or

testing of medical marijuana and medical marijuana products, including but not limited to sample filed

logs, lab reports, testing records, equipment inspections, training materials, and standard operating

procedures.

(3) Documentation of every instance in which medical marijuana was sold or otherwise transferred to or

purchased or otherwise obtained from another licensee, which shall include, but is not limited to:

(A) The name, license number, address, and phone number of all licensees involved in each

transaction; and

(B) The quantity and type of medical marijuana or medical marijuana products involved in each

transaction;

(D) The date of each transaction;

(E) The monetary value of the medical marijuana or medical marijuana products involved in each

transaction, including the total sale or purchase amounts;

(F) All point-of-sale and tax records; and

(G) All inventory manifests and other documentation relating to the transport of medical marijuana

and medical marijuana products.

(4) Any and all documents relating to the disposal or destruction of medical marijuana, medical

marijuana products, and medical marijuana waste.

(d) Inventory tracking system. Pursuant to 63 O.S. § 427.3(D)(8) and 63 O.S. § 427.13(B), each

commercial licensee shall use the State inventory tracking system by inputting inventory tracking data

required to be reported to the Authority directly into the State inventory tracking system or by utilizing a

seed-to-sale tracking system that integrates with the State inventory tracking system. All commercial

licensees must have an inventory tracking system account activated to lawfully operate and must ensure all

information is reported to the Authority accurately and in real time or after each individual sale in

accordance with 63 O.S. § 427.13(B)(1) and these Rules. All commercial licensees shall ensure the

following information and data are accurately tracked and timely reported to the Authority through the State

inventory tracking system:

(1) The chain of custody of all medical marijuana and medical marijuana products, including every

transaction with another licensee, patient, or caregiver including, but not limited to:

(A) The name address, license number, and phone number of the medical marijuana business that

cultivated, manufactured, sold, purchased, or otherwise transferred the medical marijuana or medical

marijuana product(s);

(B) The type, item, strain, and category of medical marijuana or medical marijuana product(s)

involved in the transaction;

medical marijuana product(s) involved in the transaction;

(D) The batch number of the medical marijuana or medical marijuana product(s);

(E) The total amount spent in dollars;

(F) All point-of-sale records as applicable;

(G) Transportation information documenting the transport of medical marijuana or medical

marijuana product(s) as required under OAC 442:10-3-6(b);

(H) Testing results and information;

(I) Waste records and information;

(J) Marijuana excise tax records, if applicable;

(K) RFID tag number(s);

(2) The entire life span of a licensee's stock of medical marijuana and medical marijuana products,

including, at a minimum:

(A) When medical marijuana seeds or clones are planted;

(B) When medical marijuana plants are harvested and/or destroyed;

(D) When medical marijuana changes form, including, but not limited to, when it is planted,

cultivated, processed, and infused into a final product;

(E) A complete inventory of all medical marijuana; seeds; plant tissue; clones; useable marijuana;

trim; shake; leaves; other plant matter; and medical marijuana products;

(F) All samples sent to a testing laboratory or used for internal quality testing or other purposes;

(3) Any further information the Authority determines is necessary to ensure all medical marijuana and

medical marijuana products are accurately and fully tracked throughout the entirety of the lifespan of the

plant and product.

(e) Seed-to-sale tracking system. A commercial licensee shall use a seed-to-sale tracking system or

integrate its own seed-to-sale tracking system with the State inventory tracking system established by the

Authority. If a commercial licensee uses a seed-to-sale tracking system that does not integrate with the State

inventory tracking system, or does integrate but does not share all required information, the commercial

licensee shall ensure all required information is reported directly into the State inventory tracking system.

(f) Inventory tracking system requirements.

(1) At a minimum, commercial licensees shall track, update, and report inventory after each individual

sale to the Authority in the State inventory tracking system.

(2) All commercial licensees must ensure all on-premises and in-transit medical marijuana and medical

marijuana product inventories are reconciled each day in the State inventory tracking system at the close

of business, if not already done.

(3) Commercial licensees are required to use RFID tags from an Authority-approved supplier for the

State inventory tracking system. Each Licensee is responsible for the cost of all RFID tags and any

associated vendor fees.

(A) A commercial licensee shall ensure its inventories are properly tagged and that a RFID tag is

properly assigned to medical marijuana, medical marijuana products, and medical marijuana waste

as required by the Authority.

(B) A commercial licensee shall ensure it has an adequate supply of RFID tags at all times. If a

commercial licensee is unable to account for unused RFID tags, the commercial licensee must report

to the Authority and the State inventory tracking system vendor within forty-eight (48) hours.

that ordered them. Commercial licensees are prohibited from using another licensee's RFID tags.

(D) Prior to a plant reaching a point where it is able to support the weight of the RFID tag and

attachment strap, the RFID tag may be securely fastened to the stalk or other similarly situated

position approved by the Authority.

(E) When the plant becomes able to support the weight of the RFID tag, the RFID tag shall be

securely fastened to a lower supporting branch. The RFID tag shall remain affixed for the entire life

of the plant until disposal.

(F) Mother plants must be tagged before any cuttings or clones are generated therefrom.

(G) If a RFID tag gets destroyed, stolen, or falls off of a medical marijuana plant, the licensee must

ensure a new RFID tag is placed on the medical marijuana plant and the change of the RFID tag is

properly reflected in the State inventory tracking system.

(H) Commercial licensees shall not reuse any RFID tag that has already been affixed to any

regulated medical marijuana or medical marijuana products.

(4) Each wholesale package of medical marijuana must have a RFID tag during storage and transfer and

may only contain one harvest batch of medical marijuana.

(5) Prior to transfer, commercial licensees shall ensure that each immature plant is properly affixed with

an RFID tag if the plant was not previously tagged in accordance with these Rules.

(6) Commercial licensees' inventory must have a RFID tag properly affixed to all medical marijuana

products during storage and transfer in one of the following manners:

(A) Individual units of medical marijuana products shall be individually affixed with a RFID tag; or

(B) Medical marijuana products may only be combined in a single wholesale package using one

RFID tag if all units are from the same production batch.

(7) If any medical marijuana or medical marijuana products are removed from a wholesale package,

each individual unit or new wholesale package must be separately tagged.

(8) All packages of medical marijuana waste shall have a RFID tag affixed and the contents of the waste

package shall be reported in the State inventory tracking system.

(g) Inventory tracking system administrators and users.

(1) A commercial licensee must have at least one owner, or manager, who is an inventory tracking

system administrator.

(2) The inventory tracking system administrator must attend and complete all required inventory

tracking system training.

(3) If at any point, the inventory tracking system administrator for a licensee changes, the commercial

licensee shall change or assign a new inventory tracking system administrator within thirty (30) business

days.

(4) Commercial licensees shall maintain an accurate and complete list of all inventory tracking system

administrators and employee users.

(5) Commercial licensees shall ensure that all owners and employees that are granted inventory tracking

system account access for the purpose of conducting inventory tracking functions are trained and

authorized before the owners or employees may access the State inventory tracking system.

(6) All inventory tracking system users shall be assigned an individual account in the State inventory

tracking system.

(7) Any individual entering data into the State inventory tracking system shall only use the inventory

tracking system account assigned specifically to that individual. Each inventory tracking system

administrator and inventory tracking system user must have unique log-in credentials that shall not be

used by any other person.

(8) Within three (3) business days, commercial licensees must remove access for any inventory tracking

system administrator or user from their accounts if any such individual no longer utilizes the State

inventory tracking system or is no longer employed by the commercial licensee.

(h) Loss access to State inventory tracking system. If at any time a commercial licensee loses access to the

State inventory tracking system due to circumstances beyond the commercial licensee's control, the

commercial licensee shall keep and maintain records detailing all inventory tracking activities that were

conducted during the loss of access. Once access is restored, all inventory tracking activities that occurred

during the loss of access must be immediately entered into the State inventory tracking system. If a

commercial licensee loses access to the State inventory tracking system due to circumstances within its

control, the commercial licensee may not perform any business activities that would be required to be

reported into the State inventory tracking system until access is restored and reporting is resumed; any

transfer, sale, or purchase of medical marijuana or medical marijuana products shall be an unlawful sale.

(i) Audits. The Authority may perform on-site audits of all research facility and education facility licensees

to ensure the accuracy of information and data reported to the Authority and to ensure that all marijuana

grown in Oklahoma is accounted for. Submission of an application for a research facility or education

facility license constitutes permission for entry to any licensed premises and auditing of the licensee during

hours of operation and other reasonable times. Refusal to permit the Authority entry or refusal to permit the

Authority to inspect all books and records shall constitute grounds for and administrative penalties, which

may include, but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension,

and/or revocation of a license.

(1) The Authority may review any and all records and information of a research facility or education

facility licensee and may require and conduct interviews with such persons or entities and persons

affiliated with such licensees, for the purpose of determining compliance with Authority Rules and

applicable laws. Failure to make documents or other requested information available to the Authority

and/or refusal to appear or cooperate with an interview shall constitute grounds for administrative

penalties, which may include, but are not limited to, fines as set forth in Appendix C and the denial,

nonrenewal, suspension, and/or revocation of a license, or any other remedy or relief provided under

law. All records shall be kept on-site and readily accessible.

(2) Licensees shall comply with all written requests from the Authority to produce or provide access to

records and information within ten (10) business days.

(3) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and

Patient Protection Act, 63 O.S. § 427.1 et seq.; or these Rules during an audit of the licensee, the

Authority shall take administrative action against the licensee in accordance with Oklahoma law,

including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.

(4) The Authority may refer all complaints alleging criminal activity or other violations of Oklahoma

law that are made against a licensee to appropriate Oklahoma state or local law enforcement or

regulatory authorities.

(5) If the Authority discovers what it reasonably believes to be criminal activity or other violations of

Oklahoma law during an audit, the Authority may refer the matter to appropriate Oklahoma state or

local law enforcement or regulatory authorities for further investigation.

(6) Except as is otherwise provided in Oklahoma law or these Rules, correctable violations identified

during an audit shall be corrected within thirty (30) days of receipt of a written notice of violation.

(7) If a licensee fails to correct violations within thirty (30) days, the licensee will be subject to a fine in

the amount set forth in Appendix C for each violation and any other administrative action and penalty

authorized by law.

(8) The Authority may assess fines in the amounts set forth in Appendix C and seek any other

administrative penalties authorized by law against a licensee without providing opportunity to correct

when the violation is not capable of being corrected.

442:10-4-6. Penalties

(a) Failure to file timely reports. If a research facility licensee fails to submit a timely, complete, and

accurate required monthly report and fails to correct such deficiency within thirty (30) days of the

Authority's written notice, the licensee shall be subject to a fine in the amount set forth in Appendix C for

each violation and any other administrative action and penalty authorized by law.

(b) Fraudulent reports. Within any one (1) year period of time, if the licensee has submitted one (1) or

more reports containing gross errors that cannot reasonably be attributed to normal human error, the licensee

shall be subject to a fine in the amount set forth in Appendix C for each violation and any other

administrative action and penalty authorized by law.

unlawful purchase or sale of medical marijuana, the licensee shall be subject to a fine in the amount set forth

in Appendix C for each violation and any other administrative action and penalty authorized by law.

(d) Noncompliance and criminal activity. A research facility or education facility licenses shall be

subject to revocation, suspension, monetary penalties, and any other penalty authorized by law upon a

determination by the Authority that the licensee has not complied with applicable Oklahoma law or this

Chapter, or upon official notification to the Authority that the licensee has engaged in criminal activity in

violation of Oklahoma law.

(e) Administrative penalties. Procedures for administrative penalties against a licensee are stated in the

Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. These procedures provide for the licensee to

receive notice and to have the opportunity to be present at a hearing and to present evidence in his or her

defense. The Executive Director or his or her designee may promulgate an administrative order revoking or

suspending the license, dismissing the matter, or providing for other relief as allowed by law. At any time

after the action is filed against the research facility or education facility licensee, the Authority and the

licensee may dispose of the matter by consent order or stipulation. Orders are appealable in accordance with

the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.

(f) Fines. Monetary penalties shall be assessed in the amounts set forth in Appendix C. Failure to pay any

fine within thirty (30) days of assessment of the fine shall result in nonrenewal, suspension, and/or

revocation of the license.

SUBCHAPTER 5. MEDICAL MARIJUANA BUSINESSES

442:10-5-1. License required

(a) No person or entity shall operate a medical marijuana business without first obtaining a license from

the Authority pursuant to 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection

Act, 63 O.S. § 427.1 et seq., other applicable Oklahoma law, and the Rules in this Chapter. Only a person

who is in compliance with the requirements of Oklahoma law and these Rules shall be entitled to receive or

retain such a license.

(b) All commercial business applications shall be complete and accurate in every detail, shall include all

attachments or supplemental information required by the forms supplied by the Authority, and shall be

accompanied by full remittance of the entire application fee. Any misstatements, omissions,

misrepresentations, or untruths made in the application shall be grounds for administrative action against the

licensee by the Authority.

(d) Application fees are nonrefundable.

442:10-5-1.1. Responsibilities of the license holder

Upon acceptance of the license issued by the Authority, the license holder in order to retain the license

shall:

(1) Post the license or permit in a location in the licensed premises that is conspicuous;

(2) Comply with the provisions in this Chapter;

(3) Allow representatives of the Authority access to the medical marijuana business as specified under

OAC 442:10-5-4 and OAC 442:10-5-6(i);

(4) Comply with directives of the Authority including time frames for corrective actions specified in

inspection reports, audit reports, notices, orders, warnings, and other directives issued by the Authority

in regard to the license holder's medical marijuana business or in response to community emergencies;

(5) Accept notices issued and served by the Authority according to law;

(6) Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure

to comply with this Chapter or a directive of the Authority, including time frames for corrective actions

specified in inspection reports, audit reports, notices, orders, warnings, and other directives;

(7) Ensure that all information and records maintained in the licensee's online OMMA license account—

including the hours of operation for all licensed premises, trade name, and a valid mailing address, if

applicable—are complete, accurate, and updated in a timely manner in accordance with these Rules;

(8) If applicable, submit the annual renewal application and pay all renewal license and late fees, if any;

(9) Bear the financial responsibility for all compliance and inventory tracking obligations and

responsibilities set forth in Oklahoma statutes and these Rules. The Authority will not contribute to,

fund, or subsidize any commercial licensee's compliance or tracking expenses. Nothing herein shall be

construed to require the Authority to contribute to, subsidize, or fund in any way a commercial licensee's

compliance or tracking expenses; and

(10) If multiple commercial licensees are located at the same location, each commercial license must

ensure that all inventory is separately and properly tracked, accounted for, and physically and distinctly

separated from the inventory of any other commercial licensee such that licensees and the Authority are

readily able to distinguish as to which licensee each item of medical marijuana and medical marijuana

products belongs.

(11) All medical marijuana commercial grower licensees who operate an outdoor medical marijuana

production facility shall be required to register with the Oklahoma Department of Agriculture, Food, and

Forestry as an environmentally sensitive crop owner. Registration shall provide notice to commercial

and private pesticide applicators of the locations of medical marijuana crops and help minimize the

potential for damaging pesticide drift. Medical marijuana commercial grower licensees shall provide

their business name, address, Global Positioning System (GPS) coordinates for all outdoor medical

marijuana production facilities, and any other information required by the Department when registering

with the Environmentally Sensitive Area Registry.

442:10-5-2. Licenses

(a) Timeframe. A medical marijuana business license shall be issued for a twelve (12) month period

expiring one (1) year from the date of issuance. The license may be issued upon receipt of a completed

application, payment of application fee, and verification by the Authority the individual or entity complies

with the requirements set forth in Oklahoma law and this Chapter.

(b) Location. A business license issued to a grower, processor, dispensary, or testing laboratory shall only

be valid for a single location at the address listed on the application. A transporter license shall only be valid

at the physical locations that have been submitted to and approved by the Authority and are listed on the

application.

(1) It is the responsibility of the license holder to renew the license, with all applicable documentation,

prior to the date of expiration of the license by following the procedures provided in OAC 442:10-5-3.

(2) Before renewing a license, the Authority may require further information and documentation and

may require additional background checks to determine the licensee continues to meet the requirements

set forth in Oklahoma law and these Rules. Once a certificate of compliance is properly submitted

showing full compliance, no additional certificate of compliance will be required for license renewal

unless a change of use or occupancy occurs, or other change that would require additional inspection,

licensure, or permitting by the state or municipality.

(3) The Authority may refuse to renew a license of a medical marijuana business for the following:

(A) Failure to meet the requirements for licensure set forth in 63 O.S. § 420 et seq; the Oklahoma

Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or OAC 442:10.

(B) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act,

63 O.S. § 427a et seq.; or OAC 442:10.

(4) Upon the determination that a licensee has not met the requirements for renewal, the Authority shall

provide written notice to the licensee. The notice shall provide an explanation for the denial of the

renewal application.

(5) A commercial licensee that attempts to renew its license after the expiration date of the license shall

pay a nonrefundable late renewal fee in the amount of $500.00 to reinstate the license once processed

and approved by the Authority. A license that has been expired for more than ninety (90) days shall not

be renewed.

(d) Liquidation of products. A medical marijuana business licensee whose license is not renewed, or whose

license is revoked, suspended, or voluntarily surrendered, shall cease all operations immediately upon

expiration of the license and shall dispose of any medical marijuana or medical marijuana products in

accordance with OAC 442:10-5-10 that were not liquidated prior to licensure expiration in accordance with

Oklahoma law and these Rules.

(e) Change in information.

(1) Licensees shall notify the Authority in writing within fourteen (14) days of any changes in contact

information by electronically submitting a change request in accordance with the Authority's

instructions.

(2) Licensees shall obtain Authority approval for any material changes that affect the licensee's

qualifications for licensure. No licensee shall operate under the conditions of a material change unless

and until the Authority has approved in writing the material change. Licensees shall submit a material

change request to the Authority in writing in advance of any material change that may affect the

licensee's qualifications for licensure by electronically submitting a change request, along with any

relevant documentation and fees, in accordance with the Authority's instructions. When submitting a

material change request, the licensee will be required to pay a $500.00 nonrefundable fee. Except as is

otherwise authorized by the Authority, licensees are limited to one location change request, one name

change request, and one ownership change request per year of licensure.

(A) Medical marijuana business licensees submitting a location change must provide the

information and documentation required in OAC 442:10-5-3 relating to locations, including but not

limited to the following:

(i) If applicable, proof as required in OAC 442:10-5-3(e)(6) that the location of the dispensary

or grower is at least one thousand (1,000) feet from any public and private school;

(ii) A certificate of compliance as required in OAC 442:10-5-3(e)(8) on a form prescribed or

otherwise authorized by the Authority that is issued by the political subdivision where the

licensed premises is to be located certifying compliance with the categories listed in 63 O.S. §

426.1(E); and

(iii) Any further documentation the Authority determines is necessary to ensure the business

licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(iv) Upon written acceptance of a location change by the Authority, commercial licensees must

carry a physical copy of the written location change approval while transporting medical

marijuana products from location to location.

(B) Medical marijuana business licensees submitting an ownership change request must provide the

information and documentation required in OAC 442:10-5-3 relating to owners, including but not

limited to the following:

(i) A list of all owners and principal officers of the commercial applicant and supporting

documentation as set forth in OAC 442:10-5-3(e)(1);

(ii) An affidavit of lawful presence for each new owner;

(iii) Documents required under OAC 442:10-5-3(e)(7) establishing that the applicant; and the

members, managers, and board members if applicable; and seventy-five percent (75%) of the

commercial applicant's ownership interests are Oklahoma residents as required in the Oklahoma

Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.;

(iv) A background check in accordance with OAC 442:10-1-5; and

(v) Any further documentation the Authority determines is necessary to ensure the business

licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

information and documentation required in OAC 442:10-5-3 relating to the business name,

including, but not limited to, the following:

(i) A certificate of good standing from the Oklahoma Secretary of State issued within thirty (30)

days of submission of the application;

(ii) If applicable, official documentation from the Secretary of State establishing the applicant's

trade name;

(iii) If applicable, an electronic copy or digital image in color of a sales tax permit issued by the

Oklahoma Tax Commission;

(iv) A list of all owners and principal officers of the licensee under the new name and

supporting documentation as set forth in OAC 442:10-5-3(e)(1);

(v) Documents establishing that seventy-five (75%) of the ownership of the licensee under the

new name are Oklahoma residents in accordance with OAC 442:10-5-3(e)(7); and

(vi) Any further documentation the Authority determines is necessary to ensure the business

licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(D) Medical marijuana growers, processors, or commercial transporters that have held a valid

medical marijuana business license for at least eighteen (18) months and are operating in good

standing may submit an ownership change request to add a publicly traded company as an owner.

The publicly traded company shall not own more than forty percent (40%) of the equity in the

existing medical marijuana grower, processor, or commercial transporter. The following

documentation must be provided:

(i) If applicable, a certificate of good standing from the Oklahoma Secretary of State issued

within thirty (30) days of submission of the application.

(ii) A list of all owners, excluding all shareholders of the publicly traded company, and principal

officers of the commercial applicant and supporting documentation as set forth in OAC 442:10-

5-3(e)(1);

(iii) Documents required under OAC 442:10-5-3(e)(7) establishing that the applicant; and the

members, managers, and board members if applicable; and seventy-five percent (75%) of the

grower, processor, or transporter applicant's ownership interests, excluding the publicly traded

company, are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq.

(f) Transfer of license.

(1) Licenses may not be changed from one license type to another.

(g) Surrender of license.

(1) A licensee may voluntarily surrender a license to the Authority at any time.

(2) If a licensee voluntarily surrenders a license, the licensee shall:

(A) Return the license to the Authority;

(B) Submit on a form prescribed by the Authority a report to the Authority including the reason for

surrendering the license; contact information following the close of business; the person or persons

responsible for the close of the business; and where business records will be retained;

442:10-1-7 (relating to Proof of Identity); and

(D) Liquidate or dispose of any medical marijuana or medical marijuana products remaining in the

possession of the licensee in accordance with OAC 442:10-5-2(d) and OAC 442:10-5-10.

442:10-5-2.1. Objection by municipality

(a) Prior to the initial renewal or transfer of a license, a municipal government may object to the continued

licensure of a medical marijuana dispensary if the municipal government determines the medical marijuana

dispensary is operating contrary to the required setback distance after taking into account the error in

measurement allowance.

(1) To object to the initial renewal or transfer of a license, the municipal government shall submit the

following documentation:

(A) An objection in a form and manner as determined by the Authority;

(B) A municipal resolution finding that the medical marijuana dispensary is located within the

prohibited setback distance from a school;

medical marijuana dispensary being licensed;

(D) Documentation of the measured distance from the school to the marijuana dispensary utilizing

the method for determining the setback distance applicable to the front door of the medical

marijuana dispensary less the error in measurement allowance.

(2) If the Authority determines a medical marijuana dispensary is operating contrary to the required

setback distance from a school, including the error in measurement allowance, the Authority may deny

the renewal or transfer of license and move for revocation of the license.

442:10-5-3. Applications

(a) Application fee. An applicant for a medical marijuana business, or renewal thereof, shall submit to the

Authority a completed application on a form and in a manner prescribed by the Authority, along with the

application fee as established in 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq.

(b) Submission. Applications for a business license will be accepted by the Authority no earlier than sixty

(60) days from the date that the State Question is approved by the voters of the State of Oklahoma. The

application shall be on the Authority prescribed form and shall include the following information about the

establishment:

(1) Name of the establishment;

(2) Physical address of the establishment, including the county in which any licensed premises will be

located;

(3) GPS coordinates of the establishment;

(4) Phone number and email of the establishment; and

(5) Hours of operation for any licensed premises.

behalf shall be on the Authority prescribed form and shall include at a minimum:

(1) The applicant's first name, middle name, last name and suffix if applicable;

(2) The applicant's residence address and valid mailing address;

(3) The applicant's date of birth;

(4) The applicant's telephone number and email address;

(5) An attestation that the information provided by the applicant is true and correct;

(6) An attestation that any licensed premises shall not be located on tribal lands;

(7) An attestation that the business has obtained all applicable local licenses and permits for all licensed

premises;

(8) An attestation that no individual with 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; and

(9) A statement signed by the applicant pledging not to divert marijuana to any individual or entity that

is not lawfully entitled to possess marijuana.

(d) Application on behalf of an entity. In addition to requirements of Subsection (c), an application for a

business license made by an individual on behalf of an entity shall include:

(1) An attestation that applicant is authorized to make application on behalf of the entity:

(2) Full name of organization;

(3) Trade name, if applicable;

(4) Type of business organization;

(5) Mailing address;

(6) Telephone number and email address; and

(7) The name, residence address, and date of birth of each owner and each member, manager, and board

member, if applicable.

(e) Supporting documentation. Each application shall be accompanied by the following documentation:

(1) A list of all owners and principal officers of the business applicant and supporting documentation,

including, but not limited to: certificate of incorporation, bylaws, articles of organization, operating

agreement, certificate of limited partnership, resolution of a board of directors, or other similar

documents;

(2) If applicable, a certificate of good standing from the Oklahoma Secretary of State issued within

thirty (30) days of submission of the application;

(3) If applicable, official documentation from the Secretary of State establishing the applicant's trade

name;

(4) If applicable, an electronic copy or digital image in color of a sales tax permit issued by the

Oklahoma Tax Commission;

(5) An Affidavit of Lawful Presence for each owner;

(6) If a licensed dispensary or grower, proof that the location of the facility is at least one thousand

(1,000) feet from a public or private school. For a dispensary, the distance specified shall be measured in

a straight line from the nearest property line of such public school or private school to the nearest

perimeter wall of the licensed premise of such medical marijuana dispensary. For a grower, the distance

specified shall be measured in a straight line from the nearest property line of such public school or

private school to the nearest property line of the licensed premises of such medical marijuana

commercial grower. For the purposes of this subsection, a school shall not include a property owned,

used, or operated by a public or private school that is not used for classroom instruction on core

curriculum, such as an administrative building, athletic facility, ballpark, field, or stadium, unless such

property is located on the same campus as a building used for classroom instruction on core curriculum;

(7) Documents establishing the applicant; and the members, managers, and board members if applicable;

and seventy-five percent (75%) of the commercial applicant's ownership interests are Oklahoma

residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et

seq.

(A) Applicants seeking to renew a commercial license issued prior to the enactment of the

Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., shall submit

documentation establishing proof of residency in accordance with OAC 442:10-1-6 (relating to

proof of residency);

(B) All other applicants shall submit documentation establishing proof of residency in accordance

with OAC 442:10-5-3.1 (relating to proof of residency for business licenses).

(8) If applicable, a certificate of compliance on a form prescribed or otherwise authorized by the

Authority that is issued by the political subdivision where the licensed premises is to be located

certifying compliance with the categories listed in 63 O.S. § 426.1(E);

(9) If applicable, accreditation documentation, including documentation of enrollment in analyte-

specific proficiency testing results, showing applicants meet requirements stated in OAC 442:10-8-2(a);

(10) If a licensed grower, processor or transporter has added or is seeking to add a publicly traded

company as an owner, additional documentation as required under OAC 442:10-5-2(e)(2)(C) to show

the grower, processor, or transporter applicants meet the requirements stated in 63 O.S. § 427.15a;

(11) If applicable, a list of all chemicals a processor will utilize to process marijuana;

(12) If applicable, safety data sheets for every chemical a processor will utilize to process marijuana;

and

(13) Any further documentation the Authority determines is necessary to ensure the commercial

applicant is qualified under Oklahoma law and this Chapter to obtain a commercial license.

(f) Incomplete application. Failure to submit a complete application with all required information and

documentation shall result in a rejection of the application. The Authority shall notify the applicant via

email through the electronic application account of the reasons for the rejection, and the applicant shall have

thirty (30) days from the date of notification to correct and complete the application without an additional

fee. If the applicant fails to correct and complete the application within the thirty (30) day period, the

application shall expire. Unless the Authority determines otherwise, an application that has been resubmitted

but is still incomplete or contains errors that are not clerical or typographical in nature shall be denied.

(g) Status update letter. If a delay in processing has occurred, the Authority shall notify the applicant via

email of the delay and the reason for the delay.

(h) Moratorium. Beginning August 1, 2022, and ending August 1, 2024, there shall be a moratorium on

processing and issuing new medical marijuana business licenses for dispensaries, processors, and growers.

The Authority will review and process applications received on or before August 1, 2022. The Executive

Director of the Authority may terminate the moratorium prior to August 1, 2024, upon a determination that

all pending license reviews, inspections, or investigations have been completed. The moratorium shall not

apply to:

(1) The renewal of a medical marijuana business license for dispensaries, processors, or growers;

(2) The issuance of a medical marijuana business license necessitated by a change in the ownership or

location of a dispensary, processor, or grower; or

(3) The issuance or renewal of a testing laboratory, transporter, education facility, research, or waste

disposal license.

442:10-5-3.1. Proof of residency for commercial licensees

(a) Applicants shall provide sufficient documentation establishing either:

(1) Oklahoma residency for at least two (2) years immediately preceding the application submission

date; or

(2) Five (5) years continuous Oklahoma residency during the twenty-five (25) years immediately

preceding the application submission date.

(b) Applicants shall establish residency through submission of electronic copies or digital images in color of

a combination of the following documents establishing residency for the entire span of the applicable time

period:

(1) An unexpired Oklahoma-issued driver license or Real ID;

(2) An Oklahoma identification card;

(3) Utility bills, excluding cellular telephone and Internet bills;

(4) Residential property deeds or other official documentation establishing proof of ownership of

Oklahoma residential property;

(5) Rental agreements for residential property located in the State of Oklahoma;

(6) Oklahoma Tax Returns showing the applicant as an Oklahoma taxpayer; or

(7) Other documentation the Authority deems necessary and/or sufficient to establish residency.

442:10-5-3.2. Persons prohibited from holding a commercial license

(a) A medical marijuana commercial license shall not be issued to, renewed, or held by:

(1) An applicant who has failed to pay the required application or renewal fee;

(2) A corporation, if the criminal history of any its officers, directors, or stockholders has a disqualifying

criminal conviction;

(3) An owner under twenty-five (25) years of age;

(4) An owner of any commercial licensee who, during a period of licensure or at the time of any

commercial license application, has failed to:

(A) File any taxes, interest, or penalties due related to a medical marijuana business; or

(B) Pay any taxes, interest, or penalties due related to a medical marijuana business.

(5) A sheriff, deputy sheriff, police officer, prosecuting officer, officer or employee of OMMA, or

officer or employee of a municipality in which the commercial licensee is located; and

(6) A person whose authority to be a caregiver as defined in this Chapter is revoked by the Authority for

violations of Oklahoma law or these Rules. For purposes of this Subsection, revoked by the Authority

shall not include termination of a caregiver license based solely on a patient's withdrawal of caregiver

designation.

(7) A person who was involved in the management or operation of any commercial licensee that, after

the initiation of a disciplinary action, has had a medical marijuana license revoked, not renewed, or

surrendered during the five (5) years preceding submission of the application and for the following

violations:

(A) unlawful sales or purchases;

(B) any fraudulent acts, falsification of records or misrepresentation to the Authority, medical

marijuana patient licensees, caregiver licensees, or medical marijuana business licensees;

(D) threatening or harming any medical marijuana patient, caregiver, medical practitioner, or

employee of the Authority;

(E) knowingly or intentionally refusing to permit the Authority access to premises or records;

(F) using prohibited, hazardous substance for processing in a residential area;

(G) criminal acts relating to the operation of a medical marijuana business; or

(H) any violation that endangers public health and safety or product safety, including, but not

limited to, failure to test medical marijuana or medical marijuana products in accordance with these

rules, failure to assist in a recall or embargo, or failure to adhere to any order or directive by the

Authority that may endanger public health and safety.

(b) Any license issued to an individual or entity listed above shall be subject to revocation.

442:10-5-4. Inspections

(a) Submission of an application for a medical marijuana commercial license constitutes permission for

entry to and inspection of any licensed premises and any vehicles on the licensed premises used for the

transportation of medical marijuana and medical marijuana products during hours of operation and other

reasonable times. Refusal to permit or impeding such entry or inspection shall constitute grounds for

administrative penalties, which may include but are not limited to fines as set forth in Appendix C and the

denial, nonrenewal, suspension, and/or revocation of a license.

(b) The Authority may perform two on-site inspections per calendar year of each licensed grower, processor,

dispensary, or commercial transporter to determine, assess, and monitor compliance with applicable

Oklahoma law and these Rules or ensure qualifications for licensure.

up to two (2) on-site inspection annually thereafter. The inspection prior to initial licensure may include

proficiency testing, and shall be conducted to ensure all application materials are accurate and the applicant

meets all requirements in 63 O.S. § 427.17 and these Rules.

(d) The Authority shall conduct one (1) on-site inspection of each warehouse location of a medical

marijuana transporter applicant or licensee prior to approving the location for use to ensure all information

and documentation is true and correct and to determine if the proposed warehouse location meets all

requirements of 63 O.S. § 427.16 and these Rules.

(e) The Authority may conduct additional inspections to ensure correction of or investigate violations of

applicable Oklahoma law and these Rules.

(f) The Authority shall refer all complaints alleging criminal activity or other violations of Oklahoma law

that are made against a licensee to appropriate Oklahoma state or local law enforcement or regulatory

authorities.

(g) If the Authority discovers what it reasonably believes to be criminal activity or other violations of

Oklahoma law during an inspection, the Authority may refer the matter to appropriate Oklahoma state or

local law enforcement or regulatory authorities for further investigation. Except for license information

concerning licensed patients, the Authority may share confidential information to assist other agencies in

ensuring compliance with applicable laws, Rules, and regulations.

(h) The Authority may review any and all records of a licensee and may require and conduct interviews with

such persons or entities and persons affiliated with such entities, for the purpose of determining compliance

with Authority Rules and applicable laws. Failure to make documents or other requested information

available to the Authority and/or refusal to appear or cooperate with an interview shall constitute grounds for

administrative penalties, which may include, but are not limited to, fines as set forth in Appendix C and the

denial, nonrenewal, suspension, and/or revocation of a license. All records shall be kept on-site and readily

available.

(i) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and

Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules during an inspection of the licensed business,

the Authority shall take administrative action in accordance with Oklahoma law, including the Oklahoma

Administrative Procedures Act, 75 O.S. § 250 et seq.

(j) The Authority may assess fines in the amounts set forth in Appendix C and seek any other administrative

penalties authorized by law against a licensee without providing opportunity to correct when the violation is

not capable of being corrected. The Authority may suspend or revoke a license for failure to pay any fine or

monetary penalty lawfully assessed by the Authority against the licensee.

(k) Except as otherwise provided in Oklahoma law or these Rules, correctable violations identified during an

inspection shall be corrected within thirty (30) days of receipt of a written notice of violations. If a licensee

fails to correct violations within thirty (30) days, the licensee will be subject to a fine in the amount set forth

Appendix C for each violation and any other administrative action and penalty authorized by law.

442:10-5-4.1. Operational status visit

(a) Initial operational status visit for growers, processors, and dispensaries. Effective September 1,

2021, the Authority shall begin scheduling on-site visits at licensed growers, processors, and dispensaries for

the purposes of verifying whether the licensed grower, processor, or dispensary is actively operating or is

working towards becoming operational.

(1) Initial operational status visits shall be scheduled and shall occur within the first one hundred eighty

(180) days after issuance of a medical marijuana grower, medical marijuana processor, or medical

marijuana dispensary license.

(2) Each operational status visit shall be performed on-site at the licensed premises on file with the

Authority.

(3) If, at the time of the initial operational status visit, the grower, processor, or dispensary being

inspected fails to provide proof to the Authority that the licensee is actively operating or working

towards operational status, the Authority shall grant the grower, processor, or dispensary a grace period

of one hundred eighty (180) additional days from the date of their initial operational status visit to

become operational.

(b) Follow-up operational status visits. Upon the expiration of an operational status visit grace period, the

Authority shall perform a follow-up inspection of the licensed grower, licensed processor, or licensed

dispensary for the purposes of verifying whether the licensed grower, processor, or dispensary has begun

actively operating or is continuing to work towards becoming operational.

(1) Follow-up operational status visits shall be scheduled upon expiration of the grace period.

(2) Each follow-up operational status visit shall be performed on-site at the licensed premises on file

with the Authority.

(3) If, at the time of the follow-up operational status visit, the grower, processor, or dispensary fails

to provide proof to the Authority that the medical marijuana commercial licensee is actively

operating or is continuing to work towards becoming operational, the Authority may elect to grant

an additional grace period of one hundred eighty (180) days to become operational. However, if

granted, such grace period shall not extend beyond the one-year term of the license.

(A) If the Authority does not grant a grower, processor, or dispensary a secondary grace period,

the Authority shall seek revocation of the grower, processor, or dispensary license.

(B) If, after conducting a follow-up visit, the Authority grants a secondary grace period, a

grower, processor, or dispensary shall be afforded an additional term of one hundred eighty

(180) days to become operational. Upon expiration of the secondary grace period, if a grower,

processor, or dispensary has failed to provide proof to the Authority that operations have

commenced, the Authority shall seek revocation of the grower, processor, or dispensary license.

A third operational status visit of the licensed premises shall be at the discretion of the Authority

in making such a determination but shall not be required.

442:10-5-5. Processing medical marijuana on behalf of a patient or caregiver

(a) A licensed processor shall not sell or otherwise transfer medical marijuana or medical marijuana

products to a patient or caregiver, except that a licensed processor may process medical marijuana into

medical marijuana concentrate on behalf of a licensed patient or caregiver in exchange for a fee.

(b) For each occasion in which medical marijuana is processed in accordance with this subsection, a

processor shall enter all information required by OAC 442:10-5-6(b)(4) into a log, which shall be

maintained on the licensed premises.

processing on behalf of a patient or caregiver and shall not add, mix in, or otherwise incorporate any medical

marijuana or medical marijuana concentrate obtained from a separate source. A processor shall return any

excess medical marijuana to the licensed patient. Plant material and any waste generated from processing

shall be disposed of in accordance with OAC 442:10-5-10.

(d) The medical marijuana concentrate shall be labeled, and the label shall contain, at a minimum, the

following information:

(1) Patient and, if applicable, caregiver license number;

(2) Processor name and license number;

(3) Date processed; and

(4) The Oklahoma uniform symbol.

(e) All medical marijuana and processed concentrate must be maintained on the premises in a manner that

protects it from contamination, including, but not limited to, filth, mold, pests, and other contaminants.

(f) Concentrate processed directly on behalf of a patient or caregiver pursuant to this section is not subject

to the testing requirements set forth in 63 O.S. § 427.17 and these Rules. However, a patient or caregiver

may submit any medical marijuana and medical marijuana products to a licensed laboratory for testing

pursuant to 63 O.S. § 427.17(J).

(g) Any transaction not in accordance with this Section shall constitute an unlawful sale.

442:10-5-6. Inventory tracking, records, reports, and audits

(a) Monthly reports. Licensed growers, processors, and dispensaries shall complete a monthly report on a

form and in a manner prescribed by the Authority. These reports shall be deemed untimely if not received by

the Authority by the fifteenth (15th) of each month for the preceding month.

(1) Dispensary reports shall include:

(A) The amount of marijuana purchased in pounds;

(B) The amount of marijuana sold or otherwise transferred in pounds;

(D) If necessary, a detailed explanation of why any medical marijuana product purchased by the

licensee cannot be accounted for as having been sold or still remaining in inventory;

(E) Total dollar amount of all sales to medical marijuana patients and caregivers;

(F) Total dollar amount of all taxes collected from sales to medical marijuana patients and

caregivers; and

(G) Any information the Authority determines is necessary to ensure that all marijuana grown in

Oklahoma is accounted for as required under 63 O.S. § 420 et seq. and the Oklahoma Medical

Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.

(2) Grower reports shall include:

(A) The amount of marijuana harvested in pounds;

(B) The amount of marijuana purchased in pounds;

(D) The amount of drying or dried marijuana on hand;

(E) The amount of marijuana waste in pounds;

(F) If necessary, a detailed explanation of why any marijuana cannot be accounted for as having

been sold, disposed of, or maintained in current inventory;

(G) Total dollar amount of all sales; and

(H) Any information the Authority determines is necessary to ensure that all marijuana grown in

Oklahoma is accounted for as required under 63 O.S. § 420 et seq. and the Oklahoma Medical

Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.

(3) Processor reports shall include:

(A) The amount of marijuana purchased in pounds;

(B) The amount of marijuana sold or otherwise transferred in pounds;

(D) If necessary, a detailed explanation of why any marijuana cannot be accounted for as having

been purchased, sold, processed, or maintained in current inventory;

(E) The amount of marijuana waste in pounds; and

(F) Any information the Authority determines is necessary to ensure that all marijuana grown in

Oklahoma is accounted for as required under 63 O.S. § 420 et seq. and the Oklahoma Medical

Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.

(4) Upon implementation, submission of information and data to the Authority through the State

inventory tracking system will be required in accordance with the Oklahoma Medical Marijuana

Protection Act, 63 O.S. § 427.1 et seq., and these Rules, and submission of the information and data to

the Authority through the State inventory tracking system shall be sufficient to satisfy monthly reporting

requirements.

(b) Records. Pursuant to the Authority's audit and inspection responsibilities, medical marijuana business

shall keep onsite and readily accessible, either in paper or electronic form, a copy of the records listed

below. Except as otherwise specifically provided in Oklahoma law and this Chapter, all records shall be

maintained for at least seven (7) years from the date of creation.

(1) Business records, which may include but are not limited to employee records, organizational

documents or other records relating to the governance and structure of the licensee, manual or

computerized records of assets and liabilities, monetary transactions, tax records, journals, ledgers, and

supporting documents, including agreements, checks, invoices, receipts, and vouchers.

(2) As applicable, any documents related to the cultivation, processing, preparation, transportation,

sampling, and/or testing of medical marijuana and medical marijuana products, including but not limited

to sample field logs, patient processing logs, safety data sheets and inventory for each chemical utilized

by a processor, inventory manifests, transporter agent licenses, COAs, testing records, equipment

inspections, training materials, and standard operating procedures.

(3) Except as otherwise provided in this Subsection, documentation of every instance in which medical

marijuana was sold or otherwise transferred to or purchased or otherwise obtained from another

licensee, which shall include, but is not limited to:

(A) The name, license number, address, and phone number of all commercial licensees involved in

each transaction, and the name and license number of all patient licensees involved in each

transaction;

(B) The quantity and type of medical marijuana or medical marijuana products involved in each

transaction;

(D) The date of each transaction;

(E) The monetary value of the medical marijuana or medical marijuana products involved in each

transaction, including the total sale or purchase amounts;

(F) All point-of-sale and tax records; and

(G) All inventory manifests and other documentation relating to the transport of medical marijuana

and medical marijuana products.

(4) For processors processing medical marijuana directly on behalf of a patient or caregiver, a log

documenting each instance in which the processor processed medical marijuana received from a

licensed patient into a concentrate form on behalf of the licensed patient, which shall include, but is not

limited to, the following information:

(A) The patient and, if applicable, caregiver license number;

(B) The date the processor received the medical marijuana from the patient or caregiver;

(D) The weight or amount of concentrate produced, along with the weight of any excess medical

marijuana, if applicable; and

(E) The date the concentrate was returned to the patient or caregiver.

(5) Any and all documents relating to the disposal or destruction of medical marijuana, medical

marijuana products, and medical marijuana waste.

(6) Commercial licensees must also have the following documentation readily available on the licensed

premise:

(A) the square footage of the licensed premises;

(B) a diagram of the licensed premises;

(D) if applicable, the number, type and production capacity of equipment located at the licensed

premise of a commercial processor;

(E) the names, addresses and telephone numbers of employees or agents of a medical marijuana

business;

(F) employment manuals and standard operating procedures for the medical marijuana business; and

(G) any other information the Authority deems reasonably necessary.

commercial licensee shall comply with all relevant state and federal laws. "Private patient information"

means personally identifiable information, such as the patient name, address, date of birth, social security

number, telephone number, email address, photograph, and financial information. This term does not

include the patient's medical marijuana license number, which shall be retained by the business and provided

to the Authority upon request for compliance and public health purposes, including the verification of lawful

sales or patient traceability in the event of product recall.

(d) Inventory tracking system. Pursuant to 63 O.S. § 427.3(D)(8) and 63 O.S. § 427.13(B), each

commercial licensee shall use the State inventory tracking system by inputting inventory tracking data

required to be reported to the Authority directly into the State inventory tracking system or by utilizing a

seed-to-sale tracking system that integrates with the State inventory tracking system All commercial

licensees must have an inventory tracking system account activated to lawfully operate and must ensure all

information is reported to the Authority accurately and in real time or after each individual sale in

accordance with 63 O.S. § 427.13(B)(1) and these Rules. All commercial licensees shall ensure the

following information and data are accurately tracked and timely reported to the Authority though the State

inventory tracking system:

(1) The chain of custody of all medical marijuana and medical marijuana products, including every

transaction with another commercial licensee, patient, or caregiver, including but not limited to:

(A) The name, address, license number, and phone number of the medical marijuana business that

cultivated, manufactured, sold, purchased, or otherwise transferred the medical marijuana or medical

marijuana product(s);

(B) The type, item, strain, and category of medical marijuana or medical marijuana product(s)

involved in the transaction;

medical marijuana product(s) involved in the transaction;

(D) The batch number of the medical marijuana or medical marijuana product(s);

(E) The total amount spent in dollars;

(F) All point-of-sale records as applicable;

(G) Transportation information documenting the transport of medical marijuana or medical

marijuana product(s) as required under OAC 442:10-3-6(b);

(H) Testing results and information;

(I) Waste records and information;

(J) Marijuana excise tax records, if applicable;

(K) RFID tag number(s);

(2) The entire life span of a licensee's stock of medical marijuana and medical marijuana products,

including, at a minimum, notifying the Authority:

(A) When medical marijuana seeds or clones are planted;

(B) When medical marijuana plants are harvested and/or destroyed;

(D) When medical marijuana changes form, including, but not limited to, when it is planted,

cultivated, processed, and infused into a final form product;

(E) A complete inventory of all medical marijuana; seeds; plant tissue; clones; usable marijuana;

trim; shake; leaves; other plant matter; and medical marijuana products;

(F) All samples sent to a testing laboratory or used for internal quality and testing or other purposes;

(3) Any further information the Authority determines is necessary to ensure all medical marijuana and

medical marijuana products are accurately and fully tracked throughout the entirety of the lifespan of the

plant and product.

(e) Seed-to-sale tracking system. A commercial licensee shall use a seed-to-sale tracking system or

integrate its own seed-to-sale tracking system with the State inventory tracking system established by the

Authority. If a commercial licensee uses a seed-to-sale tracking system that does not integrate with the State

inventory tracking system, or does integrate but does not share all required information, the commercial

licensee shall ensure all required information is reported directly into the State inventory tracking system.

(f) Inventory tracking system requirements.

(1) At a minimum, commercial licensees shall track, update, and report inventory after each individual

sale to the Authority in the State inventory tracking system.

(2) All commercial licensees must ensure all on-premises and in-transit medical marijuana and medical

marijuana product inventories are reconciled each day in the State inventory tracking system at the close

of business, if not already done.

(3) Commercial licensees are required to use RFID tags from an Authority-approved supplier for the

State Inventory Tracking System. Each Licensee is responsible for the cost of all RFID tags and any

associated vendor fees.

(A) A commercial licensee shall ensure its inventories are properly tagged and that a RFID tag is

properly assigned to medical marijuana, medical marijuana products, and medical marijuana waste

as required by the Authority.

(B) A commercial licensee shall ensure it has an adequate supply of RFID tags at all times. If a

commercial licensee is unable to account for unused RFID tags, the commercial licensee must report

to the Authority and the State inventory tracking system vendor within forty-eight (48) hours.

that ordered them. Commercial licensees are prohibited from using another licensee's RFID tags.

(D) Prior to a plant reaching a point where it is able to support the weight of the RFID tag and

attachment strap, the RFID tag may be securely fastened to the stalk or other similarly situated

position approved by the Authority.

(E) When the plant becomes able to support the weight of the RFID tag, the RFID tag shall be

securely fastened to a lower supporting branch. The RFID tag shall remain affixed for the entire life

of the plant until disposal.

(F) Mother plants must be tagged before any cuttings or clones are generated therefrom.

(G) If a RFID tag gets destroyed, stolen, or falls off of a medical marijuana plant, the licensee must

ensure a new RFID tag is placed on the medical marijuana plant and the change of the RFID tag is

properly reflected in the State inventory tracking system.

(H) Commercial licensees shall not reuse any RFID tag that has already been affixed to any

regulated medical marijuana or medical marijuana products.

(4) Each wholesale package of medical marijuana must have a RFID tag during storage and transfer and

may only contain one harvest batch of medical marijuana.

(5) Prior to transfer, commercial licensees shall ensure that each immature plant is properly affixed with

an RFID tag if the plant was not previously tagged in accordance with these Rules.

(6) Commercial licensees' inventory must have a RFID tag properly affixed to all medical marijuana

products during storage and transfer in one of the following manners:

(A) Individual units of medical marijuana products shall be individually affixed with a RFID tag; or

(B) Medical marijuana products may only be combined in a single wholesale package using one

RFID tag if all units are from the same production batch.

(7) If any medical marijuana or medical marijuana products are removed from a wholesale package,

each individual unit or new wholesale package must be separately tagged.

(8) All packages of medical marijuana waste shall have a RFID tag affixed and the contents of the waste

package shall be reported in the State inventory tracking system.

(g) Inventory tracking system administrators and users.

(1) A commercial licensee must have at least one owner, or manager, who is an inventory tracking

system administrator.

(2) The inventory tracking system administrator must attend and complete all required inventory

tracking system training.

(3) If at any point, the inventory tracking system administrator for a commercial licensee changes, the

commercial licensee shall change or assign a new inventory tracking system administrator within thirty

(30) business days.

(4) Commercial licensees shall maintain an accurate and complete list of all inventory tracking system

administrators and employee users.

(5) Commercial licensees shall ensure that all owners and employees that are granted inventory tracking

system account access for the purpose of conducting inventory tracking functions are trained and

authorized before the owners or employees may access the State inventory tracking system.

(6) All inventory tracking system users shall be assigned an individual account in the State inventory

tracking system.

(7) Any individual entering data into the State inventory tracking system shall only use the inventory

tracking system account assigned specifically to that individual. Each inventory tracking system

administrator and inventory tracking system user must have unique log-in credentials that shall not be

used by any other person.

(8) Within three (3) business days, commercial licensees must remove access for any inventory tracking

system administrator or user from their accounts if any such individual no longer utilizes the State

inventory tracking system or is no longer employed by the commercial licensee.

(h) Loss of use of the State inventory tracking system. If at any time a commercial licensee loses access to

the State inventory tracking system due to circumstances beyond the commercial licensee's control, the

commercial licensee shall keep and maintain records detailing all inventory tracking activities that were

conducted during the loss of access. Once access is restored, all inventory tracking activities that occurred

during the loss of access must be immediately entered into the State inventory tracking system. If a

commercial licensee loses access to the State inventory tracking system due to circumstances within its

control, the commercial licensee may not perform any business activities that would be required to be

reported into the State inventory tracking system until access is restored and reporting is resumed; any

transfer, sale, or purchase of medical marijuana or medical marijuana products shall be an unlawful sale.

(i) Audits. The Authority shall perform on-site audits of all commercial licensees to ensure the accuracy of

information and data reported to the Authority and to ensure that all marijuana grown in Oklahoma is

accounted for. Submission of an application for a medical marijuana commercial license constitutes

permission for entry to any licensed premises and auditing of the commercial licensee during hours of

operation and other reasonable times. Refusal to permit the Authority entry or refusal to permit the Authority

to inspect all books and records shall constitute grounds for and administrative penalties, which may include,

but are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, and/or

revocation of a license.

(1) The Authority may review any and all records and information of a commercial licensee and may

require and conduct interviews with such persons or entities and persons affiliated with such licensees,

for the purpose of determining compliance with Authority Rules and applicable laws. Failure to make

documents or other requested information available to the Authority and/or refusal to appear or

cooperate with an interview shall constitute grounds for nonrenewal, suspension, or revocation of a

license or any other remedy or relief provided under law. All records shall be kept onsite and readily

accessible.

(2) Commercial licensees shall comply with all written requests from the Authority to produce or

provide access to records and information within ten (10) business days.

(3) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and

Patient Protection Act, 63 O.S. § 427.1 et seq., or these Rules during an audit of the commercial

licensee, the Authority shall take administrative action against the licensee in accordance with the

Oklahoma law, including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.

(4) The Authority may refer all complaints alleging criminal activity or other violations of Oklahoma

law that are made against a commercial licensee to appropriate Oklahoma state or local law enforcement

or regulatory authorities.

(5) If the Authority discovers what it reasonably believes to be criminal activity or other violations of

Oklahoma law during an audit, the Authority may refer the matter to appropriate Oklahoma state or

local law enforcement or regulatory authorities for further investigation. Except for license information

concerning licensed patients, the Authority may share confidential information to assist other agencies in

ensuring compliance with applicable laws, Rules and regulations.

(6) Except as is otherwise provided in Oklahoma law or these Rules, correctable violations identified

during an audit shall be corrected within thirty (30) days of receipt of a written notice of violation.

(7) If a licensee fails to correct violations within thirty (30) days, the licensee will be subject to a fine of

$500.00 for each violation and any other administrative action and penalty authorized by law.

(j) Confidential records. All monthly report, inventory tracking and seed-to-sale information, data, and

records submitted to the Authority are treated as confidential records and are exempt from the Oklahoma

Open Records Act.

442:10-5-6.1. Penalties

(a) Failure to file timely reports. If a commercial licensee fails to submit a timely, complete, and accurate

required monthly report and fails to correct such deficiency within thirty (30) days of the Authority's written

notice, the licensee shall be subject to a fine in the amount set forth in Appendix C for each violation and

any other administrative action and penalty authorized by law.

(b) Inaccurate reports. Within any two (2) year period of time, if a licensee has submitted one (1) or more

reports containing gross errors that cannot reasonably be attributed to normal human error, licensee shall be

subject to a fine in the amount set forth in Appendix C for each violation and any other administrative action

and penalty authorized by law.

(1) Within any one (1) year period of time, if the licensee has made an unlawful purchase or sale of

medical marijuana, the licensee shall be subject to a fine in the amount set forth in Appendix C for each

violation and any other administrative action and penalty authorized by law.

(2) The Authority may revoke the license at any time regardless of the number of the offense upon a

showing that the violation was willful or grossly negligent.

(d) Noncompliance and criminal activity. Commercial licenses and transporter agent licenses shall be

subject to nonrenewal, revocation, suspension, monetary penalties, and any other penalty authorized by law

upon a determination by the Authority that the licensee has not complied with applicable Oklahoma law or

this Chapter, or upon official notification to the Authority that the licensee has engaged in criminal activity

in violation of Oklahoma law.

(e) Administrative penalties. Procedures for administrative penalties against a licensee are stated in the

Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. These procedures provide for the licensee to

receive notice and to have the opportunity to be present at a hearing and to present evidence in his or her

defense. The Executive Director or his or her designee may promulgate an administrative order revoking or

suspending the license, dismissing the matter, or providing for other relief as allowed by law. At any time

after the action is filed against the commercial licensee, the Authority and the licensee may dispose of the

matter by consent order or stipulation. Orders are appealable in accordance with the Oklahoma

Administrative Procedures Act, 75 O.S. § 250 et seq.

(f) Fines. Monetary penalties shall be assessed in the amounts set forth in Appendix C. Failure to pay any

fine within thirty (30) days of assessment of the fine shall result in nonrenewal, suspension, and/or

revocation of the license.

(g) Administrative Order. In addition to any other remedies provided by law, the Authority may issue a

written order to any licensee the Authority has reason to believe has violated Oklahoma law or these

regulations, and to whom the Authority has served, not less than thirty (30) days previously, a written notice

of violation of such statutes or rules.

(1) The written order shall state with specificity the nature of the violation. The Authority may impose

any disciplinary action authorized under by law including, but not limited, nonrenewal, suspension,

revocation and the assessment of monetary penalties.

(2) Any order issued pursuant to the provisions of this section shall become a final order unless, not

more than thirty (30) days after the order is served to the licensee, the licensee requests an administrative

hearing in accordance with these Rules. Upon such request, the Authority shall promptly initiate

administrative proceedings.

(h) Emergency Cease and Desist. If the Authority finds that an emergency exists requiring immediate

action in order to protect the health or welfare of the public, the Authority may issue an order, without

providing notice or hearing, stating the existence of said emergency and requiring that action be taken by the

commercial licensee as the Authority deems necessary to meet the emergency. Such action may include, but

is not limited to, ordering the commercial licensee to immediately cease and desist operations. The order

shall be effective immediately upon issuance and commercial licensees shall immediately comply with the

provisions of the order. The Authority may assess a penalty not to exceed ten thousand dollars ($10,000.00)

per day of noncompliance with the order. In assessing such penalty, the Authority shall consider the

seriousness of the violation and efforts taken by the commercial licensee to comply with applicable

requirements. Upon application to the Authority, the licensee shall be offered a hearing within ten (10) days

of issuance of the order.

442:10-5-7. Tax on retail medical marijuana sales

(a) The tax on retail medical marijuana sales by a dispensary is established at seven percent (7%) of the

gross dollar amount received by the dispensary for the sale of any medical marijuana or medical marijuana

product. This tax will be collected by the dispensary from the customer who must be a licensed medical

marijuana patient or caregiver.

(b) A dispensary shall either hold or obtain an Oklahoma sales tax permit from the Oklahoma Tax

Commission in compliance with OAC 710:65-19-216.

Commission by every dispensary on a monthly basis. No additional reporting regarding gross sales, tax

collected, and tax due shall be made to the Authority.

(d) Dispensary reporting and remittance shall be made to the Oklahoma Tax Commission on a monthly

basis. Reports and remittances are due to the Oklahoma Tax Commission no later than the 20th day of the

month following the month for which the report and remittances are made.

(e) All dispensaries required to report and remit medical marijuana tax shall remit the tax and file their

monthly tax report in accordance with the manner prescribed by the Tax Commission.

(f) The report shall contain the following information:

(1) Dispensary name, address, telephone number and dispensary license number;

(2) Reporting month and year;

(3) Total gross receipts for the preceding month from sales of medical marijuana or any medical

marijuana product;

(4) The amount of tax due as described in (a) of this Section; and

(5) Such other reasonable information as the Tax Commission may require.

(g) If a due date for the tax reporting and remittance falls on a Saturday, Sunday, a holiday, or dates when

the Federal Reserve Banks are closed, such due date shall be considered to be the next business date.

(h) Pursuant to 63 O.S. § 426, proceeds from the sales tax levied shall first be distributed to the Oklahoma

Medical Marijuana Authority for the annual budgeted amount for administration of the Oklahoma Medical

Marijuana Authority Program. All distributions will be made monthly to the Authority until full

reimbursement is reached for the annual budgeted cost of the program. If tax levies are not sufficient to

reimburse the Authority for the full annual budgeted cost, then all tax levies collected during the fiscal shall

be remitted to the Authority.

442:10-5-8. Food safety standards for processors

(a) Purpose. This Section sets forth the food safety standards that processors must comply with in the

preparation, production, manufacturing, processing, handling, packaging, and labeling of edible medical

marijuana products.

(b) Existing law. This Section does not relieve licensed processors of any obligations under existing laws,

rules, and regulations, including 63 O.S. § 1-1101 et seq., OAC 310:257, and OAC 310:260, to the extent

they are applicable and do not conflict with 63 O.S. § 420 et. seq.

(1) The sale, offer to sell, dispense or release into commerce of any food or confection under a name,

label, or brand when the name, label, or brand either precisely or by slang term or popular usage, is the

name, label, or brand of marijuana is not prohibited.

(2) Marijuana used in food shall be considered an additive, a component, and/or an edible substance.

(3) Marijuana shall not be considered a deleterious, poisonous, or nonnutritive substance, and the use of

marijuana, alone, in food shall not make such food adulterated or misbranded.

310:257 or OAC 310:260, adopts new food safety rules, or incorporates into Oklahoma law updated federal

food safety standards, including Title 21 of the Code of Federal Regulations, licensed processors shall

comply with such rules to the extent they are applicable and do not conflict with 63 O.S. § 420 et seq., 63

O.S. § 427.1 et seq., or these Rules.

(d) Labeling and packaging. Labels and packages for food containing marijuana shall comply with all

applicable requirements in existing Oklahoma law, rules, and regulations, and any laws incorporated therein

by reference, to the extent they do not conflict with 63 O.S. § 420.

(1) 21 CFR Part 101, as of August 22, 2018, is hereby incorporated by reference into this Section to the

extent it is applicable and does not conflict with 63 O.S. § 420 et seq. and 63 O.S. § 427.1 et seq.

(2) Existing requirements for principal display panels or information panels include:

(A) Name and address of the business;

(B) Name of the food;

(D) Ingredients list

(E) Food allergen information; and

(F) Nutrition labeling, if required under 21 CFR § 101.9.

(3) In addition, principal display panels or information panels must contain:

(A) List of cannabis ingredients;

(B) The batch of marijuana;

(D) THC dosage in milligrams per unit; and

(E) The lot code.

(4) Nutrient content, health, qualified health and structure/function claims must comply with the Food

and Drug Administration ("FDA") Food Labeling Guide.

(5) Packaging must contain the statement, "For accidental ingestion call 1-800-222-1222."

(6) All packages and individually-packaged product units, including but not limited to those from bulk

packaging, must contain the Oklahoma uniform symbol in clear and plain sight. The Oklahoma uniform

symbol must be printed at least one-half inch by one-half inch in size in color.

(7) In order to comply with OAC 442:10-7-1(d)(4) and this Section, a label must contain a warning that

states, "Women should not use marijuana or medical marijuana products during pregnancy because of

the risk of birth defects or while breastfeeding."

(e) Recommended HACCP. A Hazard Analysis and Critical Control Plan ("HACCP"), as set forth under 21

CFR Part 120, shall be recognized as a standardized best practice to ensure that food is suitable for human

consumption and that food-packaging materials are safe and suitable. Processors are encouraged to adopt a

HACCP to help ensure compliance with existing Oklahoma food safety laws, particularly OAC 310:260-3-6.

(f) Private homes; living or sleeping quarters.

(1) A private home, a room used as living or sleeping quarters, or an area directly opening into a room

used as living or sleeping quarters may not be used for conducting processing operations.

(2) Living or sleeping quarters located on the premises of a processor such as those provided for lodging

registration clerks or resident managers shall be separated from rooms and areas used for food

establishment operations by complete partitioning and solid self-closing doors.

442:10-5-9. Standards for handling and processing medical marijuana and medical marijuana

products

These rules do not relieve commercial licensees of any obligations under Oklahoma law, statutes, and

rules, including 63 O.S. § 1-1101 et seq., 63 O.S. § 1-1401 et seq., OAC 310:257, and OAC 310:260, to the

extent they are applicable and do not conflict with 63 O.S. § 420 et seq. and 63 O.S. § 427.1 et seq.

442:10-5-10. Medical marijuana waste disposal

(a) All medical marijuana plant material and waste generated during the cultivation, production,

processing, handling, and testing of medical marijuana and medical marijuana products must be stored,

managed, and disposed of in accordance with these Rules, the Oklahoma Medical Marijuana Waste

Management Act, 63 O.S. § 427a et seq., and any other applicable Oklahoma statutes and rules, except that

medical marijuana waste shall not be subject to the provisions of the Uniform Controlled Dangerous

Substances Act, 63 O.S. § 2-101 et seq.

(b) Licensees may dispose of root balls, stems, fan leaves, seeds, and the mature stalks or fiber produced

from such stalks at the licensed premises by open burning, incineration, burying, mulching, composting or

any other technique approved by the Department of Environmental Quality.

(1) Commercial licensees engaged in the disposal of root balls, stems, fan leaves, seeds, and the

mature stalks or fiber produced from such stalks shall create and maintain a disposal log that contains, at

a minimum, the following information:

(A) Name and license number of the commercial licensee;

(B) A description of the plant material being disposed;

(D) Date and time of the disposal; and

(E) Names of employee(s) conducting the disposal.

(2) The disposal log shall contain a signed statement from the commercial licensee, or authorized

representative of the commercial licensee, attesting to the lawful disposal of these plant parts under

penalty of perjury.

(3) All disposal records shall be maintained by commercial licensees for a period of five (5) years and

shall be subject to inspection and auditing by the Authority.

442:10-5-11. Attestation confirming or denying foreign financial interests

(a) All licensed medical marijuana businesses shall submit an attestation to the Oklahoma State Bureau of

Narcotics and Dangerous Drugs Control ("OBNDD") confirming or denying the existence of any foreign

financial interests in the medical marijuana business in accordance with 63 O.S. § 427.15 and OBNDD rules

and regulations.

(b) The Authority shall immediately revoke the medical marijuana business license of any medical

marijuana business licensee that fails to submit such attestation to OBNDD in accordance with the law.

(60) days of revocation of its license may be eligible to seek reinstatement of its license.

442:10-5-12. Marijuana transaction limitations

(a) A single transaction by a dispensary with a patient, or the parent(s) or legal guardian(s) if patient is under

eighteen (18) years of age, or caregiver shall be limited to three (3) ounces or eighty-four and nine-tenths

(84.9) grams of marijuana, one (1) ounce or twenty-eight and three-tenths (28.3) grams of marijuana

concentrate, seventy-two (72) ounces or two thousand thirty-seven and six-tenths (2,037.6) grams of edible

medical marijuana products, six (6) mature plants, and/or six (6) seedling plants.

(b) A single transaction between a processor and patient, or the parent(s) or legal guardian(s) if patient is

younger than eighteen (18) years of age, for the processing of medical marijuana concentrate shall be limited

to one (1) ounce of medical marijuana concentrate.

medical marijuana transactions are conducted with medical marijuana patient, caregiver, or commercial

license holders in accordance with the law and shall take all reasonable steps necessary to prevent the sale or

other transfer of medical marijuana and medical marijuana products to a person or entity who does not hold

a valid, unexpired license issued by the Authority under 63 O.S. § 420 et seq., the Medical Marijuana and

Patient Protection Act, 63 O.S. § 427.1 et seq., the Oklahoma Medical Marijuana Waste Management Act,

63 O.S. § 427a et seq., and this Chapter.

(1) In addition to utilization of an OMMA provided system, verification of all licenses shall include, at a

minimum: name; valid, unexpired license number; and expiration date.

(2) In addition to the items required in Subsection (c)(1) above, verification of licenses issued to

individuals shall include verification of the photo of the licensee.

(d) Any transaction not in accordance with this Section will constitute an unlawful purchase and sale as set

forth in OAC 442:10- 5-6.1 (relating to penalties).

442:10-5-13. Loss and theft

If a commercial licensee has reason to believe that an actual loss, theft, or diversion of medical

marijuana has occurred, the commercial licensee shall notify immediately the Authority and law

enforcement. The commercial licensee shall provide the notice by attaching and submitting electronically a

signed statement that details the estimated time, location, and circumstances of the event, including an

accurate inventory of the quantity and type of medical marijuana unaccounted for due to diversion or theft.

The notice shall be provided no later than twenty-four hours after discovery of the event.

442:10-5-14. Handling of medical marijuana by dispensary

(a) A medical marijuana dispensary may display samples of marijuana of no more than three (3) grams in

each separate sample display cases, jars, or other sample containers protected by a plastic or metal mesh

screen to allow medical marijuana patients and caregivers to smell and handle the various strains sold by a

medical marijuana dispensary. The sample shall only be used for display purposes and cannot be offered for

retail sale. The medical marijuana dispensary shall dispose of the sample in accordance with these Rules.

(b) Each display case, jar, or other container must be labeled with the following information:

(1) licensee name that grew the medical marijuana;

(2) strain name;

(3) batch number; and

(4) the following statement: "Sample: not for retail sale."

442:10-5-15. Entry to licensed premises

(a) No minors under the age of eighteen (18) may enter licensed premises unless the minor is under the

supervision of his or her parent or legal guardian at all times while on the licensed premises.

442:10-5-16. Prohibited acts

(a) No commercial licensee shall allow the consumption of alcohol or the smoking or vaping of medical

marijuana or medical marijuana products on the licensed premises, except that if the licensed premises is a

residence, a commercial licensee shall only be prohibited from consuming alcohol or the smoking or vaping

of medical marijuana in areas of the licensed premises where operations of the business are conducted.

(b) No commercial licensee shall employ any person under the age of eighteen (18).

marijuana products to licensed patients or caregivers.

(d) No dispensary shall allow any physician to be located, maintain an office, write recommendations, or

otherwise provide medical services to patients at the same physical address as a dispensary.

(e) No commercial licensee shall engage in advertising prohibited under OAC 442:10-7-3.

(f) No commercial licensee shall sell or offer to sell medical marijuana or medical marijuana product by

means of any advertisement or promotion that includes any statement, representation, symbol, depiction, or

reference, directly or indirectly, which would reasonably be expected to induce minors to purchase or

consume marijuana or medical marijuana products.

(g) No commercial licensee shall falsify or misrepresent any documents, forms, or other materials or

information submitted to the Authority.

(h) No commercial licensee shall threaten or harm a patient, medical practitioner, or an employee of the

Authority.

(i) No commercial licensee shall fail to adhere to any acknowledgment, verification, or other representation

made to the Authority.

(j) No licensed grower shall possess, sell or otherwise transfer, or offer to sell or otherwise transfer medical

marijuana products.

(k) No licensee shall operate or otherwise use any extraction equipment or processes utilizing butane,

propane, carbon dioxide or any potentially hazardous material in residential property.

(l) Licensees shall not sell or otherwise transfer, purchase, obtain, or otherwise accept the transfer of medical

marijuana or medical marijuana products from an any individual or entity that is not an Oklahoma-licensed

medical marijuana business, except that licensed dispensaries may sell medical marijuana and medical

marijuana products to licensed patients and caregivers and a processor may process medical marijuana

directly on behalf of a licensed patient or caregiver in accordance with OAC 442:10-5-5. No licensee shall

purchase or sell medical marijuana or medical marijuana products to or from any unlicensed individual or

entity.

(m) After implementation of the State inventory tracking system, no licensee shall sell or otherwise transfer,

purchase, obtain or otherwise accept the transfer of medical marijuana or otherwise accept the transfer of

medical marijuana or medical marijuana products that are not properly inputted and tracked in the State

inventory tracking system in accordance with Oklahoma law and regulations.

(n) Medical marijuana growers and dispensaries shall not make or package infused pre-rolls.

(o) Medical marijuana growers and dispensaries shall not make or package pre-rolls that exceed one (1)

gram in net weight.

(p) Licensees shall not allow any other entity or person to use their OMMA license number who is not an

owner, employee, or authorized contractor of the commercial licensee while conducting business on behalf

of that commercial licensee.

(q) No commercial licensee shall make, sell, transfer, or offer to sell any alcoholic beverage that has been

infused with medical marijuana or medical marijuana products.

(r) Growers shall not purchase, make, sell, transfer, or otherwise obtain any medical marijuana products

except growers may package and sell noninfused pre-rolls and kief in accordance with these Rules.

(s) Dispensaries shall not package or alter packaging or labeling of medical marijuana or medical marijuana

products except for the following reasons:

(1) Dispensaries are authorized to package and sell noninfused pre-rolled marijuana;

(2) Dispensaries, or employees thereof, may handle loose or nonpackaged medical marijuana to be

placed in packaging for retail sale consistent with Oklahoma law and these Rules, including packaging

and labeling requirements in OAC 442:10-7-1(d)-(e);

(3) Dispensaries may apply barcodes, qr codes, or other inventory tracking tags and labels. These items

shall not obscure required label and packaging requirements; and

(4) Dispensaries must place medical marijuana or medical marijuana products into a child-resistant exit

package at the point of transfer to a patient or caregiver if those items are not already in child-resistant

packaging.

SUBCHAPTER 6. COMMERCIAL LICENSEES

442:10-6-1. General security requirements for commercial licensees

(a) Commercial licensees shall implement appropriate security measures to deter and prevent the

unauthorized entrance into areas containing marijuana and the theft and diversion of marijuana.

(b) Commercial licensees are responsible for the security of all marijuana items on the licensed premises

or all marijuana items in their possession during transit.

operation that must be visible from the road at the primary entrance to the grow facility. For purposes of this

Section, primary entrance means the principal or main entrance of the commercial grow facility which is

used by staff and/or persons accessing the property.

(1) Signage shall be located at the perimeter of the property with dimensions measuring no less than

eighteen (18) inches by twenty-four (24) inches with a font size of no less than two (2) inches. For

purposes of this Section, perimeter of the property refers to the outermost boundaries of the property

that is licensed by the Authority as a commercial grow operation. Information required to be

displayed on the sign shall be in black standardized font on a white background. The required

signage shall also comply with county regulations and local ordinances related to the real property

where the commercial grow operation is located. The following information shall be included on

the required signage:

(A) Business name;

(B) Physical address of the licensed business;

(D) Medical marijuana business license number.

(2) Failure to erect the proper signage within sixty (60) days after the renewal of each application

for a medical marijuana commercial grower license in accordance with the provisions of this

subsection shall result in the immediate revocation of the medical marijuana commercial grower

license.

442:10-6-2. Construction of premises

All commercial licensees shall meet the standards of any applicable state and local electrical, fire,

plumbing, waste and building specification codes including but not limited to the codes adopted by the

Oklahoma Uniform Building Code Commission as set forth in OAC 748:20.

SUBCHAPTER 7. PACKAGING, LABELING, AND ADVERTISING

442:10-7-1. Labeling and packaging

(a) Prohibition on sale or transfer. Commercial licensees shall not sell, distribute, or otherwise transfer

medical marijuana and medical marijuana products that are not packaged and labeled in accordance with the

Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules.

(b) Nonacceptance or return. A dispensary shall refuse to accept or shall return to the licensee transferring

medical marijuana or medical marijuana products to the dispensary, any medical marijuana or medical

marijuana products that are not packaged and labeled in accordance with the Oklahoma Medical Marijuana

and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules. The business licensee who sold or

otherwise transferred the nonconforming medical marijuana or medical marijuana products shall accept such

return. If circumstances are such that the dispensary cannot return or refuse to accept the nonconforming

medical marijuana or medical marijuana products, the dispensary shall dispose of the nonconforming

medical marijuana and medical marijuana products in accordance with the Oklahoma Medical Marijuana

Waste Management Act, 63 O.S. § 427a et seq., and these Rules.

documentation shall include at a minimum:

(1) The license number, name, contact information, and address of the licensee who sold or otherwise

transferred the nonconforming medical marijuana or medical marijuana products to the dispensary;

(2) A complete inventory of the medical marijuana and medical marijuana products to be returned or

disposed, including the batch number;

(3) The reason for the nonacceptance, return, or disposal; and

(4) The date of the nonacceptance, return, or disposal.

(d) General requirements. The following general label and packaging requirements, prohibitions, and

exceptions shall apply to all medical marijuana and medical marijuana products being transferred or sold to

a dispensary or by a dispensary:

(1) Labels, packages, and containers shall not be attractive to minors and shall not contain any content

that reasonably appears to target children, including toys, cartoon characters, and similar images.

Packages should be designed to minimize appeal to children and shall not depict images other than the

business name logo of the medical marijuana producer and image of the product.

(2) Packaging must contain a label that reads: "Keep out of reach of children." and “For use by licensed

medical marijuana patients only.”

(3) All medical marijuana and medical marijuana products must be packaged in child-resistant

containers, although the containers may be clear in order to allow licensed medical marijuana patient

and licensed medical marijuana caregivers the ability to view the product inside the container, and

placed into an exit package at the point of sale or other transfer to a patient, a patient's parent or legal

guardian if patient is a minor, or a caregiver.

(4) Label must contain a warning that states "Women should not use marijuana or medical marijuana

products during pregnancy because of the risk of birth defects."

(5) Packages and labels shall not contain any deceptive, false or misleading statements. For purposes of

this section, information that is deceptive, false, or misleading includes:

(A) Any indication that the medical marijuana or medical marijuana product is organic, unless the

National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7

U.S.C. Section 6501 et seq.)) authorizes organic certification and designation for marijuana and

marijuana products. This includes variants of the word "organic" such as "organix" and "organique."

(B) Any indication that the medical marijuana or medical marijuana product is "Pesticide-free,"

unless the medical marijuana or a medical-marijuana product was grown, harvested, processed, and

dispensed without any pesticide.

(6) No medical marijuana or medical marijuana products shall be intentionally or knowingly packaged

or labeled so as to cause a reasonable patient confusion as to whether the medical marijuana or medical

marijuana product is a trademarked product.

(7) No medical marijuana or medical marijuana products shall be packaged or labeled in a manner that

violates any federal trademark law or regulation.

(8) Packages and labels shall not make any claims or statements that the medical marijuana or medical

marijuana products provide health or physical benefits to the patient.

(9) Packages and labels shall not contain the logo of the Oklahoma Medical Marijuana Authority.

(10) Packages and labels shall not contain any universal symbols from another state, any statements that

the medical marijuana was grown in another state, or any depictions, symbols, or other information that

could cause a reasonable patient to be confused as to the state of origin of the medical marijuana or

medical marijuana product.

(11) Labels shall be designed and applied in a manner that does not cause patient confusion regarding

the package's contents, potency, or other required information. In the event that any package or

immediate container of medical marijuana or medical marijuana product is relabeled, all prior labels

must be removed in entirety prior to the new label being applied. Covering an initial label with an

updated label is prohibited.

(12) All packaging and labeling must contain current and accurate information on file with the

Authority, including, but not limited to, the licensee's legal name, trade name, and license number.

(13) Packages and labels shall be considered inaccurate if the difference in percentage of the

cannabinoid and/or total THC claimed to be present on a package or label is plus or minus fifteen

percent (15%) of the percentage on the COA. For example, bulk order packaging that identifies a THC

amount as 100mg would be inaccurate if the COA for that production batch indicated a THC content of

less than 85mg or more than 115mg.

(e) Label requirements for sales to dispensaries or by dispensaries.

(1) Labels on medical marijuana and medical marijuana products being transferred or sold to a

dispensary or by a dispensary shall contain, at a minimum, the following information:

(A) The name and license number of the grower, dispensary, or processor who is selling or

otherwise transferring the medical marijuana or medical marijuana products to the dispensary;

(B) Name of the medical marijuana or medical marijuana product;

(D) Net quantity or weight of contents;

(E) Ingredients list;

(F) The Oklahoma Uniform Symbol in the manner and form prescribed by the Authority;

(G) THC potency on the COA for that batch;

(H) Total terpenoid content in the manner prescribed by the Authority; and

(I) The statement, "This product has been tested for contaminants."

(2) Labels for edible medical marijuana products shall also meet the requirements set forth in OAC

442:10-5-8.

(3) As applicable, RFID tags shall not obscure required label and packaging requirements.

(f) Label requirements for sales between growers and/or processors. All medical marijuana and medical

marijuana products sold or otherwise transferred between growers and/or processors shall be labeled and the

label shall contain, at a minimum, the following information:

(1) Name and license number of the grower or processor who is selling or otherwise transferring the

medical marijuana or medical marijuana product;

(2) The batch number of the medical marijuana or medical marijuana product;

(3) Date of harvest or production; and

(4) A statement that the medical marijuana or medical marijuana products have passed testing or

statement that the medical marijuana failed testing and is being transferred to a processor for purposes of

remediation.

(g) Storage requirements for growers and processors.

(1) Growers and processors shall store medical marijuana and medical marijuana products under

conditions and in a manner that protects the medical marijuana and medical marijuana products from

physical and microbial contamination and deterioration.

(2) When not in use, medical marijuana and medical marijuana products shall be stored in receptacles

that are capable of being fully closed and sealed and are kept fully closed and sealed.

(3) When any storage receptacle is in use and contains medical marijuana or medical marijuana

products, commercial licensees shall identify the batch number on the storage receptacle of all medical

marijuana and medical marijuana products so that an inspector can easily identify to which batch the

medical marijuana and medical marijuana products belong.

442:10-7-2. Prohibited products

(a) No commercial licensee shall manufacture, process, or offer for sale or consumption any medical

marijuana product intended to be attractive to children or minors.

(b) No commercial licensee, other than a licensed dispensary, shall offer for retail sale any marijuana

seedlings or mature plants. No mature plants are authorized in the possession of either a commercial licensee

or patient license holder until 60 days after August 27, 2018. No seedlings are authorized in the possession

of a commercial license holder until 7 days after August 27, 2018.

442:10-7-3. Advertising

(a) Commercial licensees shall not engage in, circulate, or otherwise cause the dissemination of advertising

that contains any materials prohibited under Oklahoma law and these rules.

(b) Advertising for medical marijuana and medical marijuana products shall not contain any statements,

illustrations, or other material that:

(1) Is deceptive, false, or misleading;

(2) Represents that a licensee is engaged in medical marijuana commercial services for which the

licensee is not licensed;

(3) Promotes overconsumption;

(4) Represents that the use of marijuana has curative or therapeutic effects;

(5) Depicts a child or other person under legal age consuming marijuana;

(6) Depicts objects such as toys, cartoons, cartoon characters, or similar images, which suggest the

presence of a child, or any other depiction designed in any manner to be especially appealing to children

or other persons under legal age to consume marijuana;

(7) Has any manner or design that would be especially appealing to children or other persons under

eighteen (18) years of age; or

(8) Could cause a reasonable patient to believe the medical marijuana was grown in another state or to

be confused as to the state of origin of the medical marijuana or medical marijuana product.

(1) Any indication that the medical marijuana or medical marijuana product is organic, unless the

National Organic Program (Section 6517 of the federal Organic Foods Production Act of 1990 (7 U.S.C.

Section 6501 et seq.)) authorizes organic certification and designation for marijuana and marijuana

products. This includes variants of the word "organic" such as "organix" and "organique."

(2) Any indication that the medical marijuana or medical marijuana product is "Pesticide-free," unless

the medical marijuana or a medical-marijuana product was grown, harvested, processed, and dispensed

without any pesticide.

SUBCHAPTER 8. LABORATORY TESTING

442:10-8-1. Testing standards and thresholds

(a) Purpose. To ensure the suitability and safety for human consumption of medical marijuana and medical

marijuana products, growers and processors are required to test medical marijuana and medical marijuana

products for microbials, mycotoxins, residual solvents, pesticides, THC and cannabinoid concentration,

terpenoid type and concentration, heavy metals, foreign materials and filth, and water activity and moisture

content in accordance with the following standards and thresholds. No laboratory may test medical

marijuana without a valid, unexpired testing laboratory license issued by the Authority. A licensed

laboratory shall only send samples for testing to another Oklahoma licensed laboratory.

(b) Batches.

(1) Batch size. Growers shall separate all harvested medical marijuana into harvest batches not to

exceed fifteen (15) pounds with the exception of any plant material to be sold to a licensed processor for

the purposes of turning the plant material into concentrate which may be separated into harvest batches

of no more than fifty (50) pounds. Processors shall separate all medical marijuana product into

production batches not to exceed four (4) liters of liquid medical marijuana concentrate or nine (9)

pounds for nonliquid medical marijuana products, and for final medical marijuana products no greater

than one-thousand (1,000) grams of THC.

(2) Research and Development ("R&D") testing. Growers and processors may submit samples for

research and development testing. R&D testing may be performed by a licensed laboratory in

accordance with these Rules:

(A) Passing R&D test results. If a sample submitted to a laboratory passes a R&D test, it shall not

constitute a pass for the purposes of compliance with required testing under OAC 442:10-8-1(i);

(B) Failing R&D test results. If a sample submitted to a laboratory fails a R&D test, laboratories

shall clearly note in the State's inventory tracking system and on any COA created for an R&D

sample that the test results are for R&D purposes only; and

appropriately documented and identified in the State's inventory tracking system.

are collected, labeled, and tested in accordance with the Oklahoma Medical Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq., and these Rules.

(d) Prohibitions.

(1) Growers shall not sell or otherwise transfer any medical marijuana from any medical marijuana

harvest batch until samples of the harvest batch have passed all tests in accordance with this Subchapter,

except that growers may sell or otherwise transfer harvest batches that have failed testing to processors

for decontamination or remediation in accordance with OAC 442:10-8-1(l)(2). Growers may transfer

medical marijuana from harvest batches to processors for decontamination prior to testing, so long as

decontaminated medical marijuana is not processed into a solvent-based concentrate and is returned to

the originating licensed commercial grower. Decontaminated harvest batches must successfully pass all

tests in accordance with this Subchapter prior to transfer or sale.

(2) Processors shall not purchase or otherwise obtain, process, sell, or otherwise transfer any medical

marijuana or medical marijuana products from any medical marijuana harvest batch or production batch

until samples of the harvest batch or production batch have passed all tests in accordance with this

Subchapter, except that processors may purchase or otherwise obtain and process harvest batches that

have failed testing for the purpose of remediation only in accordance with OAC 442:10-8-1(l)(2).

(3) Dispensaries shall not purchase, accept transfer of, sell, or otherwise transfer any medical marijuana

or medical marijuana products that have not passed all tests in accordance with this Subchapter.

(e) Authority required testing. The Authority may require a medical marijuana commercial business to

submit a sample of medical marijuana, medical marijuana concentrate, or medical marijuana product to a

licensed testing laboratory or the quality assurance laboratory upon demand when the Authority has reason

to believe the medical marijuana is unsafe for patient consumption or inhalation or has not been tested in

accordance with Oklahoma law and these regulations. The Authority may also require a medical marijuana

business to periodically submit samples of medical marijuana or medical marijuana products to the quality

assurance laboratory for quality assurance purposes. The licensee shall provide the samples or units of

medical marijuana or medical marijuana products at its own expense but shall not be responsible for the

costs of testing.

(f) Prohibited transfers. Except as is authorized in these Rules, growers, processors, and dispensaries shall

dispose of and shall not use, sell, or otherwise transfer any medical marijuana or medical marijuana products

that exceed any testing thresholds or fail to meet any other standards or requirements set forth in this

Subchapter.

(g) Embargo and Recall.

(1) Embargo. In the event that any medical marijuana or medical marijuana product is found by an

authorized agent of the Authority to fail to meet the requirements of 63 O.S. § 420 et al., or the

Oklahoma Medical Marijuana and Patient Protection Act as it relates to health and safety, the medical

marijuana or medical marijuana product is handled in violation of applicable laws or rules and

regulations promulgated by the Executive Director of the Authority, or the medical marijuana or medical

marijuana product may be poisonous, deleterious to health or is otherwise unsafe, the following shall

occur:

(A) All such medical marijuana and medical marijuana products in the possession of a commercial

licensee shall be immediately affixed with an electronic tag, physical tag and/or other appropriate

marking or hold, including a hold in the State's inventory tracking system, giving notice of the

reason that the medical marijuana or medical marijuana product is subject to embargo. The affixed

tag(s) and/or electronic hold shall further warn all persons not to remove or dispose of the medical

marijuana or medical marijuana product by sale, donation, or otherwise transfer without permission

of the Authority. It shall be unlawful for any person to remove or dispose of the embargoed medical

marijuana or medical marijuana products without permission of the Authority.

(B) The Authority, upon determination that any medical marijuana or medical marijuana product

embargoed is in violation of applicable laws, rules or regulations, or is otherwise poisonous,

deleterious to health or unsafe for consumption may institute an action in a district court of

competent jurisdiction for the condemnation and destruction of the medical marijuana or medical

marijuana product in accordance with 63 O.S. § 427.24.

meets the requirements of applicable laws, rules or regulations, or otherwise is not poisonous,

deleterious to health or unsafe shall remove the embargo.

(D) In the event any medical marijuana or medical marijuana products subject to an embargo is sold

or otherwise transferred, such embargoed medical marijuana or medical marijuana products shall be

recalled in accordance with these Rules.

(E) Every commercial licensee who is in possession or has ever had possession of such embargoed

medical marijuana or medical marijuana products shall assist in the embargo.

(2) Recall. In the event that any medical marijuana or medical marijuana products that exceed allowable

testing thresholds, are the subject of an embargo, or a derivative thereof, or that otherwise fail to meet

standards set forth in this Subchapter are sold or otherwise transferred, the following shall occur:

(A) Any commercial licensee with knowledge of such event shall immediately notify the Authority;

(B) All such medical marijuana and medical marijuana products shall be immediately recalled and

cannot be sold or otherwise transferred; and

marijuana or medical marijuana products shall assist in the immediate recall, including, but not

limited to, the following:

(i) Undertake necessary measures to ensure any affected medical marijuana or medical

marijuana products are not transferred;

(ii) Create a distribution list of all commercial licensees that received the medical marijuana

or medical marijuana products subject to the recall, including the licensee’s name, license

number, address and contact information;

(iii) Create a list identifying all medical marijuana or medical marijuana products subject to

the recall, including the category of medical marijuana or medical marijuana products,

product description, net contents, batch number, and, if applicable, the name and license

number of the commercial licensee that cultivated or manufactured the medical marijuana or

medical marijuana product subject to the recall;

(iv) Provide notice to all affected licensees and consumers once identified;

(v) Communicate with the Authority regarding the status of the recall and provide all

required information and documentation to the Authority within two (2) weeks unless

granted additional time by the Authority.

(vi) The Licensee's failure to timely comply with the provisions of this subsection and/or

provide required information and documentation to the Authority may result in revocation,

suspension, and monetary penalties. The Authority may also issue a public recall notice, at

any time, if it determines it is necessary to protect the public's health safety and welfare.

(D) The commercial licensee whose harvest or production batch is being recalled, and who bears

responsibility for the recall, shall bear the costs for disposal of all medical marijuana waste subject

to the recall in accordance with Oklahoma law and these Rules.

(h) Retention of test results and records.

(1) Prior to accepting any sale or transfer of any medical marijuana, growers shall obtain copies of any

and all certificates of analysis (COAs) for every test conducted on the harvest batch(es) of the medical

marijuana.

(2) Prior to accepting any sale or transfer of any medical marijuana or medical marijuana products,

processors shall obtain copies of any and all COAs for every test conducted on the harvest batch(es) of

the medical marijuana or production batch(es) of the medical marijuana products.

(3) Prior to accepting any sale or transfer of medical marijuana, dispensaries shall obtain copies of any

and all COAs for every test conducted on the harvest batch(es);

(4) Prior to accepting any sale or transfer of medical marijuana products, dispensaries shall obtain copies

of any and all COAs for every test conducted on the production batch(es);

(5) Commercial licensees shall maintain copies of any and all COAs for at least seven (7) years and

these records must be kept onsite and readily accessible.

(6) Growers and processors shall immediately provide copies of COAs to the Authority upon request

and to any medical marijuana licensee upon request when the purpose of such request is compliance

with this Section.

(7) Growers and processors shall, in the manner and form prescribed by the Authority, provide

notification to the Authority of any medical marijuana or medical marijuana products that have failed

testing. Such notification shall include copies of the applicable COAs.

(8) For the purposes of this subsection, submission of a COA by the laboratory into the State's inventory

tracking system is sufficient to meet a commercial licensee's requirements to report and maintain such

records.

(i) Allowable thresholds. If changes to this Subsection require a change in methodology, proficiency testing

enrollment, or accreditation the medical marijuana testing laboratory has up to ninety (90) days to comply.

(1) Microbiological testing. Harvest batch samples and production batch samples shall be tested for

microbial limits as set forth in Appendix A.

(2) Mycotoxins. Production batch samples shall be tested for mycotoxins as set forth in Appendix A.

(3) Residual solvents. Production batch samples shall be tested for residual solvents as set forth in

Appendix A. If the cannabis concentrate used to make an infused product was tested for solvents and

test results indicate the lot was within established limits, then the infused product does not require

additional testing for solvents.

(4) Metals.

(A) All harvest batch and production batch samples shall be tested for heavy metals, which shall

include but is not limited to lead, arsenic, cadmium, and mercury.

(B) Test results shall meet thresholds set forth in Appendix A with accepted limits determined by

the product form submitted at testing.

results indicate the batch was within established limits, then the infused product does not require

additional testing for metals. However, noninfused pre-rolls and infused pre-rolls must still undergo

additional testing for metals.

(5) Pesticide residue. All harvest batch and production batch samples shall be tested for the following

pesticides, and shall not exceed the associated limits:

(A) Spiromesifen < 0.2 ppm

(B) Spirotetramat < 0.2 ppm

(D) Etoxazole < 0.2 ppm

(E) Imazalil < 0.2 ppm

(F) Imidacloprid < 0.4 ppm

(G) Malathion < 0.2 ppm

(H) Myclobutanil < 0.2 ppm

(I) Azoxystrobin < 0.2 ppm

(J) Bifenazate < 0.2 ppm

(K) Abamectin (Avermectins: B1a & B1b) < 0.5 ppm

(L) Permethrin (mix of isomers) < 0.2 ppm

(M) Spinosad (Mixture of A and D) < 0.2 ppm

(6) Potency. Processors and growers shall test harvest batch and production batch samples for levels of

total THC and terpenoid type and concentration and terpenoid type and concentration, including but not

limited to:

(A) THC and cannabinoid concentration, including but not limited to:

(i) Total cannabidiol (CBD)

(ii) Total cannabinoids

(iii) Tetrahydrocannabinolic acid (THCa)

(iv) Delta-9-tetrahydrocannabinol (Delta-9-THC)

(v) Delta-8-tetrahydrocannabinol (Delta-8-THC)

(vi) Cannabidiolic acid (CBDA)

(vii) Cannabidiol (CBD)

(viii) Cannabinol (CBN)

(ix) Cannabigerolic acid (CBGa)

(x) Cannabigerol (CBG)

(xi) Tetrahydrrocannabivarin (THCV)

(xii) Cannabichromene (CBC)

(B) Terpenoid type and concentrate, including but not limited to:

(i) Limonene

(ii) Myrcene

(iii) Pinene

(iv) Linalool

(v) Eucalyptol

(vi) Delta-terpinene (Δ-terpinene)

(vii) Beta-caryophyllene (ß-caryophyllene)

(viii) Caryophyllene oxide

(ix) Nerolidol

(x) Phytol

(7) Foreign materials and filth. Growers and processors shall inspect all medical marijuana and

medical marijuana products for contaminants and filth.

(A) Contaminants include any biological or chemical agent, foreign matter, or other substances not

intentionally added to medical marijuana or medical marijuana products that may compromise

safety or suitability.

(B) The surface area of each sample shall not contain more than two percent (2%) of foreign organic

material.

plastic, glass, and metal shavings.

(8) Water activity and moisture content.

(A) All harvest batch samples shall be tested to determine the level of water activity and the

percentage of moisture content. This subsection shall not apply to harvest batches that are flash

frozen.

(B) A harvest batch sample shall be deemed to have passed water activity testing if the water

activity does not exceed 0.65 Aw. The laboratory shall report the result of the water activity test, to

two significant figures, on the certificate of analysis (COA) and indicate "pass" or "fail" on the

COA.

content does not exceed fifteen percent (15.0%). The laboratory shall report the result of the

moisture content test to the nearest tenth of one percent, by weight, of the dry sample on the COA

and indicate "pass" or "fail" on the COA.

(j) Retesting. If a harvest or production batch fails any analyte testing, the harvest or production batch may

be retested in accordance with the following:

(1) The reserve sample shall be used first for all retesting. If there is not enough reserve sample for any

additional tests required under this Subsection, a new sample may be collected. The new sample must be

a representative sample of the batch and shall be gathered in accordance with these Rules.

(2) The retest may be limited to testing for the category of analyte that has failed testing. For example, if

a primary sample fails pesticide testing, testing of the reserve sample may be limited to pesticide testing.

(3) If the first retest fails testing for the same analyte that failed the initial test, the harvest or production

batch must either be remediated or decontaminated in accordance with the Oklahoma Medical

Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules, or must be disposed of in

accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. and

these Rules.

(4) If the first retest(s) passes testing, a second retest shall be conducted to confirm the product does not

exceed allowable thresholds and is safe to consume. If the second retest also passes for the same analyte,

the batch may be processed, sold, or otherwise transferred. If the second retest fails for the same analyte

that failed the initial test, the harvest or production batch must either be remediated or decontaminated in

accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.,

and these Rules, or must be disposed of in accordance with the Oklahoma Medical Marijuana Waste

Management Act, 63 O.S. § 427a et seq. and these Rules.

(5) If during the first retest, a harvest batch or production batch fails testing for an analyte that passed

initial testing, the harvest batch or production batch must pass testing for that analyte during the second

retest.

(6) Any harvest batch or production batch that is retested and does not have two (2) successful tests for

each analyte must either be remediated or decontaminated in accordance with the Oklahoma Medical

Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and these Rules, or must be disposed of in

accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. and

these Rules.

(k) Remediation, decontamination, and retesting, general.

(1) If a sample fails testing under this Subchapter, the harvest batch or production batch from which the

sample was taken:

(A) May be remediated or decontaminated in accordance with these Rules; or

(B) If it is not or cannot be remediated or decontaminated under these Rules, it must be disposed in

accordance with the Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. and these

Rules.

(2) A harvest batch or production batch that has been remediated or decontaminated must be fully tested

and successfully pass all the analyses required under this Subchapter and as set forth in Appendix F. If

the harvest batch or production batch fails to pass testing after remediation or decontamination, the

harvest batch or production batch must be either disposed of in accordance with the Waste Management

Act, 63 O.S. § 427a et seq. and these Rules or retested in accordance with OAC 442:10-8-1(j) with the

following exceptions:

(A) Any harvest batch that has been decontaminated and fails retesting for microbials must be either

remediated or disposed of in accordance with these Rules.

(B) Any production batch that has been decontaminated and fails retesting shall not be further

decontaminated.

(3) Growers and processors may remediate failed harvest batches or production batches providing the

remediation method does not impart any toxic or deleterious substance to the usable medical marijuana

or medical marijuana products. Any remediation methods or remediation solvents used on medical

marijuana or medical marijuana products must be disclosed to the testing laboratory.

(4) Growers and processers must, as applicable:

(A) Have detailed procedures for remediation and decontamination processes to remove

microbiological contaminants and foreign materials, and for reducing the concentration of solvents.

(B) Prior to retesting, provide to the testing laboratory a document specifying how the product was

remediated or decontamination. This document shall be retained by the laboratory together with

other testing documentation.

marijuana or marijuana-derived products that fail laboratory testing under these Rules.

(5) At the request of the grower or processor, the Authority may authorize a re-test to validate a failed

test result on a case-by-case basis. All costs of the re-test will be borne by the grower or the processor

requesting the re-test.

(6) Growers and processors must inform a laboratory prior to samples being taken that the harvest batch

or production batch has failed testing and is being re-tested after undergoing remediation or

decontamination.

(l) Remediation, decontamination, and retesting, microbiological impurities testing.

(1) If a sample from a harvest batch or production batch fails microbiological contaminant testing, the

batch may be used to make a cannabinoid concentrate or extract if the processing method effectively

decontaminates the batch.

(2) A grower may only sell or otherwise transfer a harvest batch that has failed microbiological

contaminant testing to a processor and only for the purpose of remediation. The processor shall either

remediate the harvest batch by processing it into a solvent-based concentrate or shall dispose of the

batch in accordance with these Rules. Any production batches resulting from the remediation must be

tested in accordance with OAC 442:10-8-1(k). Processors shall not sell any medical marijuana from any

harvest batch that has failed testing. Harvest batches that have failed microbial testing may be sent to a

processor for decontamination of microbial contaminants and returned to the grower, provided the

harvest batch was not processed into a solvent-based concentrate.

(3) If a sample from a batch of a cannabinoid concentrate or extract fails microbiological contaminant

testing, the batch may be further processed, if the processing method effectively decontaminates the

batch, such as a method using a hydrocarbon-based solvent or a CO2 closed-loop system.

(4) A batch that is remediated or decontaminated in accordance with this Subsection of this section must

be sampled and tested in accordance with these rules in the following manner:

(A) A batch that is decontaminated in accordance with this Subsection must be tested for THC and

cannabinoid concentration, terpenoid type and concentration, microbiological contaminants, heavy

metals, and residual pesticides if not previously tested prior to decontamination.

(B) A batch that is remediated in accordance with this Subsection by processing into a solvent based

concentrate must be tested for THC and cannabinoid concentration, terpenoid type and

concentration, microbiological contaminants, residual solvents, heavy metals, and residual

pesticides.

(5) A batch that fails microbiological contaminant testing after undergoing a decontamination process in

accordance with subsection (1) or (2) of this section must be disposed in accordance with the Oklahoma

Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules.

(m) Decontamination and retesting, residual solvent and processing chemicals testing.

(1) If a sample from a batch fails residual solvent and processing chemicals testing, the batch may be

decontaminated using procedures that would reduce the concentration of solvents to less than the action

level.

(2) A batch that is decontaminated in accordance with subsection (1) must be sampled and retested for

solvents in accordance with these Rules.

(3) A batch that fails residual solvent and processing chemicals testing and is not decontaminated or is

decontaminated and fails retesting must be disposed in accordance with the Oklahoma Medical

Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules.

(n) Decontamination and retesting, foreign materials testing.

(1) If a sample from a batch of usable marijuana fails foreign materials testing, the batch from which the

sample was taken may be remediated to reduce the amount of foreign materials to below action levels.

(2) A batch that undergoes decontamination as described in subsection (1) must be sampled and tested in

accordance with these Rules.

(o) Remediation, decontamination and retesting, residual pesticide testing.

(1) If a sample from a batch fails residual pesticide testing, the batch may not be remediated or

decontaminated and must be disposed in accordance with the Oklahoma Medical Marijuana Waste

Management Act, 63 O.S. § 427a et seq., and these Rules.

(2) The Authority may report to the Oklahoma Department of Agriculture all test results showing

samples failing residual pesticide testing.

(p) Remediation, decontamination and retesting, heavy metals testing.

(1) If a sample from a batch fails heavy metals testing, the batch may not be remediated or

decontaminated and must be disposed in accordance with the Oklahoma Medical Marijuana Waste

Management Act, 63 O.S. § 427a et seq., and these Rules.

(2) The Authority may report to the Oklahoma Department of Environmental Quality all test results

showing samples failing heavy metals testing.

(q) Remediation, decontamination and retesting, mycotoxin testing.

If a sample from a batch fails mycotoxins testing, the batch may not be remediated or decontaminated

and must be disposed in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63

O.S. § 427a et seq., and these Rules.

(r) Decontamination and retesting, water activity and moisture content.

(1) If a harvest batch sample fails water activity and/or moisture content testing, the harvest batch may

be further dried and cured by the grower.

(2) A harvest batch that undergoes decontamination as described in subsection (1) must be sampled and

tested in accordance with these Rules. If the harvest batch passed initial testing for residual solvents,

metals, and/or pesticides, then the harvest batch does not require additional testing for those testing

categories.

(3) If a harvest batch that fails microbial testing and water activity and/or moisture content testing, the

harvest batch does not need to be further dried and cured by the grower before being transferred to a

processor for remediation in accordance with OAC 442:10-8-1(l).

(s) Testing of pre-rolls, kief, shake and trim.

(1) Noninfused Pre-rolls. Growers, processors and dispensaries may create noninfused pre-rolls in

accordance with Oklahoma law and these Rules.

(A) Growers, processors and dispensaries may create noninfused pre-rolls from flower, shake, or

trim collected from multiple harvest batches, provided all harvest batches have passed all testing

requirements under this Subchapter. The plant material must be homogenized into a new batch not

exceed fifteen (15) pounds. Noninfused pre-rolls created by a grower, processor or dispensary are

subject to the same testing requirements of a harvest batch under OAC 442:10-8-1(i).

(B) Growers, processors and dispensaries may create noninfused pre-rolls from flower, shake, or

trim collected from a single harvest batch. If the noninfused flower, shake or trim come from a

single harvest that has passed full compliance testing, growers, processors or dispensaries must

conduct additional testing on the pre-rolls only for heavy metals, filth and contaminants, and THC

and cannabinoid concentration.

(2) Kief. Growers and processors may collect kief from multiple harvest batches, provided all harvest

batches have passed all testing requirements under this Subchapter. The kief must be homogenized into

a new batch not exceed fifteen (15) pounds. Kief collected by a grower or processor is subject to the

same testing requirements of a harvest batch under OAC 442:10-8-1(i).

(3) Infused Pre-rolls. Only processors may create infused pre-rolls. Infused pre-rolls shall be tested in

the same manner as noninfused pre-rolls in accordance with OAC 442:10-8-1(s)(1).

(4) Shake and trim. Growers and processors may collect shake and trim from multiple harvest batches

provided all harvest batches have passed all testing requirements under this Subchapter. The shake and

trim must be homogenized into a new batch not exceed fifty (50) pounds. Shake and trim collected by a

grower or processor is subject to the same testing requirements of a harvest batch under OAC 442:10-8-

1(i).

442:10-8-2. General operating requirements and procedures

(a) Laboratory accreditation. All medical marijuana testing laboratories shall obtain accreditation by any

accrediting entity approved by the Authority and subscribing to the International Laboratory Accreditation

Cooperation ("ILAC"), prior to applying for and receiving a medical marijuana testing laboratory license.

The accreditation must be from one of these entities in both chemistry and biology, or cannabis and must be

specific to the procedure used in the laboratory. Renewal of any medical marijuana testing laboratory license

shall be contingent upon maintaining accreditation in accordance with these Rules.

(b) Testing limited to scope of accreditation. Upon accreditation, a testing laboratory shall only report test

results on COAs for the testing of analytes the laboratory conducted that are within the scope of the testing

laboratory's accreditation. A lab may outsource testing and report those results on a COA but must identify

the testing laboratory that actually conducted the testing.

program administered by the Authority or its designee. Frequency of external quality control testing is to be

determined by the Authority or its designee.

(1) The laboratory shall cooperate with the Authority or its designee for purposes of conducting external

quality control testing. The Authority or its designee may require submission of samples from the

licensed laboratory for purposes of external quality control testing.

(2) The quality assurance laboratory shall obtain reserve samples from licensed laboratories for the

purposes of external quality control testing, which shall occur at a minimum of three (3) times per year

for regular monitoring. The Authority or the quality assurance laboratory may require additional external

quality control tests to ensure correction of or investigate violations of Oklahoma law and these Rules.

(3) A result outside of the target range of any analyte in an external quality control sample event shall be

deemed an unsatisfactory result. Each unsatisfactory result shall be evaluated by the licensed laboratory

and corrective measure identified. The evaluation and completion of corrective measures shall be

documented and signed by the laboratory director. The laboratory must then demonstrate its ability to

achieve the target value.

(4) More than 20% unsatisfactory results in any external quality control testing event shall be deemed

unsuccessful participation in the external quality control program. Unsuccessful participation in external

quality control testing for two testing events in a row, or 2 out of 3 events, may result in suspension or

revocation of a laboratory license.

(5) Failure to participate in any external quality control testing shall be deemed unsuccessful

participation in the external quality control program.

(6) If a laboratory fails its external quality control testing for an analyte, the batch testing results since

the last external quality control test for that analyte must be re-evaluated. The laboratory director shall

assess and implement necessary procedures to ensure risks to public safety are mitigated following

failed external quality control testing results.

(d) Conflict of interest. A person who is a direct beneficial owner of a licensed dispensary, commercial

grower, or processor shall not be an owner of a licensed laboratory. A licensed testing laboratory shall

establish policies to prevent the existence of or appearance of undue commercial, financial, or other

influences that may diminish the competency, impartiality, and integrity of the testing processes or results of

the laboratory. At a minimum, employees, owners, or agents of a licensed laboratory who participate in any

aspect of the analysis and results of a sample are prohibited from improperly influencing the testing process,

improperly manipulating data, or improperly benefiting from any ongoing financial, employment, personal,

or business relationship with the medical marijuana business licensee that provided the sample. A medical

marijuana testing laboratory shall not test samples for any medical marijuana business in which an owner,

employee or agent of the medical marijuana testing laboratory has any form of ownership or financial

interest in the medical marijuana business.

(e) Safety standards. Licensed laboratories must comply with Occupational Safety and Health

Administration (OSHA) Standard 29 CFR § 1910.1450.

(f) Personnel. A licensed laboratory shall not operate unless a medical laboratory director is on site during

operational hours; in his or her absence, the medical laboratory director may delegate in writing the duties

and responsibilities to a qualified designee that meets all requirements of a laboratory director required by

applicable Oklahoma law and these rules. Personnel of a licensed laboratory shall meet the following

minimum requirements:

(1) A medical laboratory director must possess a bachelor's degree in the chemical, environmental,

biological sciences, physical sciences or engineering, with at least twenty-four (24) college semester

credit hours in chemistry and at least two (2) years of experience in the environmental analysis of

representative inorganic and organic analytes for which the laboratory will be performing. A master's

degree or doctoral degree in one of the above disciplines may be substituted for one (1) year of

experience. The medical laboratory director shall be responsible for the development of and adherence

to all pre-analytic, analytic, and post-analytic procedures, and the implementation of a quality system

that assures reliable test results and regulatory compliance.

(2) Analysts must possess a bachelor's degree applicable to a laboratory testing environment, with a

minimum of two (2) years of experience, or an associate's degree and five (5) years of applicable

experience.

(3) Ancillary personnel must possess a high school diploma or equivalent.

(4) A licensed laboratory shall notify the Authority within seven (7) business days after any change of

the laboratory's director occurs.

(g) Equipment.

(1) Equipment used for analysis must have a Limit of Detection (LOD) capable of detecting quantities at

or below 50% of the thresholds listed in OAC 442:10-8-1(h) and Appendix A.

(2) Equipment used for the analysis of test samples shall be adequately inspected, cleaned, and

maintained. Equipment used for the generation or measurement of data shall be adequately tested and

calibrated on an appropriate schedule, as applicable.

(3) Laboratory operations shall document procedures setting forth in sufficient detail the methods and

schedules to be used in the routine inspection, cleaning, maintenance, testing, and calibration of

equipment, and shall specify, as appropriate, remedial action to be taken in the event of failure or

malfunction of equipment. The procedures shall designate the personnel responsible for the performance

of each operation.

(4) Records shall be maintained of all inspection, maintenance, testing, and calibrating operations. These

records shall include the date of the operation, the person who performed it, the written procedure used,

and any deviations from the written procedure. All deviations must be reviewed and approved in writing

by the medical laboratory director. Records shall be kept of non-routine repairs performed on

equipment. Such records shall document the nature of the repair, how and when the need for the repair

was discovered, and any remedial action taken in response to the repair. A written assessment of the

validity of the results obtained previous to the failure must be made. Documentation of any repeat

testing performed must also be maintained.

(5) Computer systems used for the analysis of samples, retention of data, sample tracking, calibration

scheduling, management of reference standards, or other critical laboratory management functions shall

ensure that electronic records, electronic signatures, and handwritten signatures executed to electronic

records are trustworthy, reliable, and generally equivalent to paper records and handwritten signatures

executed on paper.

(h) Data storage.

(1) The laboratory shall ensure that all raw data, documentation, protocols, and final reports associated

with analysis of a test sample are retained for at least seven (7) years from the date of completion of

analysis.

(2) The laboratory shall designate an individual as responsible for records maintenance. Only authorized

personnel may access the maintained records.

(3) The laboratory shall maintain the records identified in this section:

(A) In a manner that allows retrieval, as needed;

(B) Under conditions of storage that minimize deterioration throughout the retention period; and

(i) Materials to be maintained on premises. The laboratory shall maintain on its premises, and shall

promptly present to the Authority upon request:

(1) Personnel documentation including, but not limited to employment records, job descriptions,

education, and training requirements of the laboratory, and documentation of education and training

provided to staff for the purpose of performance of assigned functions;

(2) Policies concerning laboratory operations, business licensing, and security procedures;

(3) Any policies, protocol, or procedures for receipt, handling, and disposition of samples of usable

marijuana;

(4) Equipment information detailing the type of equipment used, inspection policies and practices,

testing and calibration schedules and records, and standards for cleaning and maintenance of equipment;

(5) Reagents, solutions, and reference policies including, but not limited to standards for labeling,

storage, expiration, and re-qualification dates and records;

(6) Reference standards, acquired or internally produced, including the certificate of analysis;

(7) Sample analysis procedures including, but not limited to procedures for the use of only primary or

secondary standards for quantitative analyses;

(8) Documentation demonstrating that the analytical methods used by the laboratory are appropriate for

their intended purpose; that deviations from approved standards of practice do not occur without

documented authorization in writing; and that staff is competent in the process; including but not limited

to:

(A) Direct observations of routine test performance, including sample preparation, handling,

processing and testing as appropriate;

(B) Monitoring recording and reporting of test results;

results and preventive maintenance records;

(D) Direct observation of instrument maintenance and function checks;

(E) Test performance using previously analyzed specimens, blind sample testing, external

proficiency testing results;

(F) Assessment of problem-solving skills;

(G) Initial assessment within the first six (6) months of employment, with annual assessments

thereafter unless a change in methodology occurs; and

(H) Documentation must be complete before reporting results; and

(9) Policies for data recording, review, storage, and reporting that include, but are not limited to

standards to ensure that:

(A) Data are recorded in a manner consistent with applicable Oklahoma law and these Rules, and

are reviewed to verify that applicable standards of practice, equipment calibration, and reference

standards were applied before reporting;

(B) All data, including raw data, documentation, protocols, and reports are retained in accordance

with applicable Oklahoma law and these rules; and

the requirements of this rule.

(10) Documentation showing the laboratory complies with OSHA Standard 29 CFR § 1910.1450; and

(11) Such other materials as the Authority may require.

(j) Authority access to materials and premises. The laboratory shall promptly provide the Authority or the

Authority's designee access to a report of a test, and any underlying data, that is conducted on a sample. The

laboratory shall also provide access to the Authority or the Authority's designee to laboratory premises, and

to any material or information requested by the Authority, for the purpose of determining compliance with

the requirements of applicable Oklahoma law and these rules.

(k) Reporting of accreditation and proficiency testing results. The laboratory must submit to the

Authority, within thirty (30) days of an accrediting entity's assessment, the results of any proficiency testing

or an accrediting entity's audit, including the findings and any corrective action required following the

assessment.

(l) Licensed premises standards. The laboratory must be constructed, arranged and maintained in a way

that ensures the laboratory premises, ventilation and utilities are sufficient for conducting all phases of the

testing process:

(1) Work area should be arranged to minimize problems in specimen handling, examination and testing,

and reporting of test results. Workbench space must be sufficient for the performance of testing,

including, but not limited to, adequate lighting, water, gas, vacuum, and electrical outlets. Instruments,

equipment, and computer systems should be placed in locations where their operation is not affected

adversely by physical or chemical factors, such as heat, humidity, direct sunlight, vibrations, power

fluctuations, or fumes from acid or alkaline solutions. Equipment tops should not be used as a

workbench space;

(2) Lighting or backgrounds as appropriate for visual interpretation of test results;

(3) There is a system in place which ensures that the ventilation system properly removes vapors, fumes,

and excessive heat as appropriate for the type of testing done in the laboratory;

(4) There is an adequate, stable electrical source maintained at each testing location that meets the power

requirements for each piece of equipment;

(5) The Laboratory is designed to minimize contamination of samples, equipment, instruments, reagents

and supplies. Laboratories performing molecular amplification procedures must have a mechanism to

detect cross-contamination of specimens; and

(6) Reagents must be prepared in an area that is separate, as applicable, from where specimens are

processed, prepared, amplified, and detected to prevent contamination.

442:10-8-3. Sampling requirements and procedures

(a) General requirements. Samples must be collected, handled, stored, and disposed of in accordance with

this Section. Individuals collecting samples are called "Samplers."

(1) Samplers shall:

(A) Follow the approved standard operating procedures of the laboratory that will be testing the

samples collected

(B) Be trained on how to collect samples in accordance with the standard operating procedures of

the laboratory(ies) that will be conducting the testing on the samples collected;

the samples; and

(D) Follow inventory manifest requirements set forth in these Rules.

(2) Samplers shall collect samples at the location of the grower, processor or dispensary and must affix

the samples with a tamper-proof seal at the time of collection.

(3) All commercial transporters, growers, processors or dispensaries transporting samples to a laboratory

shall be prohibited from storing samples at any location other than the laboratory facility. All samples

must be delivered the day of collection.

(4) For transfer or sale of harvest batches or production batches, samples must be collected in the final

form. For purpose of this Subsection, "final form" means the form medical marijuana or a medical

marijuana product is in when sold or transferred.

(5) The sampler shall collect both a primary sample and a reserve sample from each harvest batch and

production batch. The sample shall be clearly and conspicuously labeled, and the label shall include at

least the following information:

(A) Whether the sample is the "Primary Sample" or "Reserve Sample";

(B) The name and license number of grower, processor or dispensary from whom the sample was

taken; and

(6) The primary sample and reserve sample shall be stored separately and analyzed separately. The

reserve sample shall only be used for quality control purposes or for retesting in accordance with OAC

442:10-8-1(j).

(7) Samples shall be transported and subsequently stored at the laboratory in a manner that prevents

degradation, contamination, and tampering. If the medical marijuana or medical marijuana product

specifies on the label how the product shall be stored, the laboratory shall store the sample as indicated

on the label.

(8) The sampler shall create and use a sample field log to record the following information for each

sample, and copies of the sample field log shall be maintained by both the laboratory and the

commercial licensee from which the samples are being collected. The field log shall include, at a

minimum, the following information:

(A) Laboratory's name, address, and license number;

(B) Title and version of the laboratory's standard operating procedure(s) followed when collecting

the sample;

(D) Date and time sampling started and ended;

(E) Grower's, processor's or dispensary's name, address, and license number;

(F) Batch number of the batch from which the sample was obtained;

(G) Sample matrix;

(H) Total batch size, by weight or unit count;

(I) Total weight or unit count of the primary sample;

(J) Total weight or unit count of the reserve sample;

(K) The unique sample identification number for each sample;

(L) Name, business address, and license number of the person who transports the samples to the

laboratory;

(M) Requested analyses;

(N) Sampling conditions, including temperature;

(O) Problems encountered and corrective actions taken during the sampling process, if any; and

(P) Any other observations from sampling, including major inconsistencies in the medical marijuana

color, size, or smell.

(9) The laboratory shall maintain inventory manifest documentation listed in OAC 442:10-3-6 and

utilize an electronic inventory management system that meets the requirements set forth in OAC 442:10-

5-6(d) for each sample that the laboratory collects, transports, and analyzes.

(10) Commercial licensees shall document all employee training on a testing laboratory's standard

operating procedures.

(11) Commercial licensees must maintain the documentation required in these rules for at least seven (7)

years and must provide that information to the Authority upon request.

(b) Sample size.

(1) To obtain a representative sample of a harvest batch, a total of 0.5% of the batch shall be collected

from different areas of the batch following the laboratory's approved protocol. The sample shall then be

homogenized and aliquoted into a primary sample and reserve sample, which shall be equal in amounts.

The primary sample and reserve sample shall be in the amounts specified in the laboratory's standard

operating procedure. Any amounts left over after aliquoting may be returned to the harvest batch.

(2) To obtain a representative sample of a processed batch that is well mixed or homogeneous by its

nature, a sampler shall obtain an amount sufficient to be aliquoted into a primary sample and a reserve

sample, which shall be equal in amount. If the batch is not homogeneous or is of unknown homogeneity,

then 0.5% of the batch shall be collected from different portions of the batch following the laboratory's

approved protocol. The sample shall then be homogenized and aliquoted into a primary sample and

reserve sample, which shall be equal in amount. The primary sample and reserve sample shall be in the

amounts specified in the laboratory's standard operating procedure. Any amount left over after

aliquoting may be returned to the production batch.

(3) To obtain a representative sample of a final medical marijuana product batch, samples shall be

collected in accordance with the table in Appendix D.

(4) To obtain a representative sample of pre-rolls, samples shall be collected in accordance with the

table in Appendix E.

(1) Samples collected must be representative of the entire batch to ensure accurate microbiological

analysis and foreign material assessments.

(2) Sample protocol shall be approved by the laboratory director. The laboratory shall develop and

implement written sampling policies and procedures that are appropriate for each test method and each

type of matrix to be tested and that are consistent with these regulations. Sampling procedures must

describe the laboratory's method for collection, preparation, packaging, labeling, documentation, and

transport of samples from each matrix type the laboratory tests.

(3) The sampling standard operating procedures (SOP) shall include at least the following information:

(A) A step-by-step guide for obtaining samples from each matrix type the laboratory samples;

(B) Protocols for ensuring that contaminants are not introduced during sampling, including protocols

relating to the sanitizing of equipment and tools, protective garb, and sampling containers;

(D) Minimum test sample size;

(E) Recommended test sample containers;

(F) Test sample labeling;

(G) Transport and storage conditions, such as refrigeration, as appropriate to protect the physical

and chemical integrity of the sample;

(H) Other requirements, such as use of preservatives, inert gas, or other measures designed to

protect sample integrity; and

(I) Chain-of-custody documentation for each sample in accordance with OAC 442:10-5-6.

(4) The sampling SOP shall be signed and dated by the medical laboratory director and shall include any

revision dates and authors. The laboratory director's signature denotes approval of the plan.

(5) The laboratory shall retain a controlled copy of the sampling SOP on the laboratory premises and

ensure that the sampling SOP is accessible to the sampler in the field during sampling.

(d) Sample handling, storage and disposal. A laboratory shall establish sample handling procedures for the

tracking of test samples through the analytical process (by weight, volume, number, or other appropriate

measure) to prevent diversion.

(1) The laboratory shall store each test sample under the appropriate conditions appropriate to protect

the physical and chemical integrity of the sample.

(2) Analyzed test samples consisting of medical marijuana or medical marijuana products shall be held

in a controlled access area pending destruction or other disposal.

(3) Reserve samples shall be maintained and properly stored by the laboratory for at least thirty (30)

days.

(4) After the required thirty (30) day storage period, any portion of a medical marijuana or medical

marijuana product test sample that is not destroyed during analysis shall be:

(A) Returned to the licensed individual or entity that provided the sample after the required retention

period for reserve samples;

(B) Transported to a state or local law enforcement office; or

disposal).

(e) Data reporting.

(1) The laboratory shall generate a certificate of analysis (COA) for each sample that the laboratory

analyzes.

(2) The laboratory shall issue the COA to the requester within two (2) business days after technical and

administrative review of analysis has been completed.

(3) All COAs, whether in paper or electronic form, shall contain, at minimum, the following

information:

(A) The name, address, license number, and contact information of the laboratory that conducted the

analysis;

(B) If the laboratory sends a sample to another laboratory for testing, the reference laboratory must

be identified as having performed that test;

(D) The description of the type or form of the test sample (leaf, flower, powder, oil, specific edible

product, etc.) and its total primary sample weight in grams, reported to the nearest gram;

(E) The unique sample identifier;

(F) Batch number of the batch from which the sample was obtained;

(G) Sample history, including the date collected, the date received by the laboratory, and the date(s)

of sample analyses and corresponding testing results, including units of measure where applicable;

(H) The analytical methods used, including at a minimum identification of the type of analytical

equipment used (e.g., GC, HPLC, UV, etc.);

(I) The reporting limit for each analyte tested;

(J) Any compounds detected during the analyses of the sample that are not among the targeted

analytes and are unknown, unidentified, tentatively identified or known and injurious to human

health if consumed, if any;

(K) The identity of the supervisory or management personnel who reviewed and verified the data

and results and ensured that data quality, calibration, and other applicable requirements were met;

(L) Definitions of any abbreviated terms; and

(M) The state inventory tracking system tag number, the sample tag number, and the source package

tag number.

(4) The laboratory shall report test results for each primary sample on the COA as follows:

(A) When reporting quantitative results for each analyte, the laboratory shall use the appropriate

units of measurement as required under this chapter and indicate "pass" or "fail";

(B) When reporting qualitative results for each analyte, the laboratory shall indicate "pass" or "fail";

the size of 12 pt font in Times New Roman and shall not be in fine print or footnotes;

(D) When reporting results for any analytes that were detected below the analytical method limit of

quantitation (LOQ), indicate "<LOQ" and list the results for analytes that were detected above the

LOQ but below the allowable limit; and

(E) Indicate "NT" for not tested for any test that the laboratory did not perform.

(5) Upon detection of any compounds during the analyses of the sample that are not among the targeted

analytes and are unknown, unidentified, tentatively identified, or known and injurious to human health if

consumed, laboratories shall notify the Authority immediately and shall submit to the Authority a copy

of the COA containing those compounds as required in OAC 442:10-8-3(e)(3)(I). The Authority may

require a processor, grower, or dispensary to submit samples for additional testing, including testing for

analytes that are not required by these Rules. The licensee shall provide the samples or units of medical

marijuana or medical marijuana products at its own expense but shall not be responsible for the costs of

testing.

(6) When a laboratory determines that a harvest batch or production batch has failed any required

testing, the laboratory shall immediately notify the Authority in the manner and form prescribed by the

Authority on its website and shall submit a copy of the COA to the Authority within two (2) business

days. Submission of this information to the Authority through the State's inventory tracking system shall

be sufficient to satisfy this reporting requirement.

442:10-8-4. Laboratory quality assurance and quality control

(a) Laboratory Quality Assurance (LQA) program. The medical laboratory director shall develop and

implement an LQA program to ensure the reliability and validity of the analytical data produced by the

laboratory.

(1) The LQA program shall, at minimum, include a written LQA manual that addresses the following:

(A) Quality control procedures, including remedial actions;

(B) Laboratory organization and employee training and responsibilities;

(D) Traceability of data and analytical results;

(E) Instrument maintenance, calibration procedures, and frequency;

(F) Performance and system audits;

(G) Steps to change processes when necessary;

(H) Record retention;

(I) Test procedure standardization; and

(J) Method validation, including, but not limited to, accuracy, precision, sensitivity, cross-over,

LOD, linearity, and measurement of uncertainty.

(2) The laboratory director shall annually review, amend if necessary, and approve the LQA program and

manual when:

(A) The LQA program and manual are created; and

(B) There is a change in methods, laboratory equipment, or the supervisory or management

laboratory employee overseeing the LQA program.

(b) Laboratory quality control samples.

(1) The laboratory shall use laboratory quality control (LQC) samples in the performance of each

analysis according to the specifications in this section.

(2) The laboratory shall analyze LQC samples in the same manner as the laboratory analyzes samples of

medical marijuana and medical marijuana products.

(3) The laboratory shall use negative and positive controls for microbial testing.

(4) The following quality control samples must be run every 20 samples in an analytic run:

(A) Method blank;

(B) Continuing calibration verification (CCV);

(D) Matrix spike sample or matrix spike duplicate sample.

(5) If the result of the analyses is outside the specified acceptance criteria in Appendix B, the laboratory

shall determine the cause and take steps to remedy the problem until the result is within the specified

acceptance criteria. Samples after the last acceptable run must be re-tested.

(6) The laboratory shall generate a LQC sample report for each analytical run that includes LQC

parameters, measurements, analysis date, and matrix. The results must fall within the criteria set forth in

Appendix B.

(1) Reagents, solutions, and reference standards shall be:

(A) Secured in accordance with the laboratory's storage policies; labeled to indicate identity,

date received or prepared, and expiration or requalification date; and, where applicable,

concentration or purity, storage requirements, and date opened;

(B) Stored under appropriate conditions to minimize degradation or deterioration of the

material; and

(2) Deteriorated or outdated reagents and solutions shall be properly disposed, in compliance with all

federal, state and local regulations.

(3) The laboratory may acquire commercial reference standards for cannabinoids and other chemicals or

contaminants, for the exclusive purpose of conducting testing for which the laboratory is approved. The

laboratory may elect to produce reference standards in-house (internally). When internally produced, the

laboratory shall utilize standard analytical techniques to document the purity and concentration of the

internally produced reference standards. The laboratory is authorized to obtain marijuana or marijuana-

derived product from a licensed non-profit producer for this purpose.

(4) The laboratory shall obtain or, for internally-produced standards, shall create a certificate of analysis

(COA) for each lot of reference standard. Each COA shall be kept on-file and the lot number of the

reference standard used shall be recorded in the documentation for each analysis, as applicable.

442:10-8-5. Quality assurance laboratory

(a) Purpose. The Authority is authorized to contract with a private laboratory for the purpose of evaluating

the day-to-day operations of licensed laboratories. Any such contracted laboratory is prohibited from

conducting any other commercial medical marijuana testing in this state.

(b) Accreditation. The quality assurance laboratory must be accredited by or have made application for

accreditation to ANSI/ASQ National Accreditation Board, American Association for Laboratory

Accreditation (A2LA), Perry Johnson Laboratory Accreditation (PJLA), or any other accrediting entity

using the ISO/IEC Standard 17025. Accreditation or application for accreditation must be from one of these

entities in both chemistry and biology or cannabis.

(1) Conduct Inter-Laboratory Control Testing of laboratory licensees and applicants in a manner and

frequency approved by the Authority;

(2) Inspect and assess testing equipment of licensed testing laboratories;

(3) Access and test LQC samples;

(4) Inspect and obtain copies of all laboratory documents and records, including but not limited to

SOPs, COAs, testing reports, policies, and manuals;

(5) Interview laboratory employees, owners, and agents for the purpose of evaluating compliance with

Oklahoma law and these Rules; and

(6) Other actions as deemed appropriate by the Authority to ensure compliance with Oklahoma law

and these Rules.

SUBCHAPTER 9. WASTE DISPOSAL FACILITIES

442:10-9-1. License or permit required

(a) No person or entity shall operate a medical marijuana waste disposal facility without first obtaining a

license from the Authority pursuant to the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. §

427a et seq., other applicable Oklahoma law, including regulations of the Oklahoma Department of

Environmental Quality, and the Rules in this Chapter. Only a person who is in compliance with the

requirements of Oklahoma law and these Rules shall be entitled to receive or retain such a license or permit.

(b) The Authority shall not, until November 1, 2021, issue more than ten (10) waste disposal facility

licenses. The Authority shall have the authority to develop and utilize criteria, standards, and preferred

qualifications for the selection of licensees and timing of licensure as it deems appropriate and reasonable.

Beginning November 1, 2021, there shall be no limit to the number of medical marijuana waste disposal

licenses issued by the Authority.

attachments or supplemental information required by the forms supplied by the Authority, and shall be

accompanied by full remittance of the entire application fee. Any misstatements, omissions,

misrepresentations, or untruths made in the application shall be grounds for administrative action against the

licensee by the Authority.

(d) All licenses and permits shall be on forms prescribed by the Authority.

(e) Application fees are nonrefundable.

(f) Upon issuance of a waste disposal facility license, each waste disposal facility licensee shall

automatically receive a waste disposal transportation license. Medical marijuana waste disposal facility

licensees shall ensure that a copy of the waste disposal transportation license is inside any vehicles used for

transporting medical marijuana waste during transportation.

442:10-9-1.1. Responsibilities of the license or permit holder

Upon acceptance of the license or permit issued by the Authority, the license holder in order to retain the

license shall comply with the provisions in OAC 442:10-5-1.1.

442:10-9-2. Licenses and permits

(a) Timeframe. Waste disposal facility licenses and permits shall be issued for a twelve (12) month period

expiring one (1) year from the date of issuance. The license or permit may be issued upon receipt of a

completed application, payment of application fee, and verification by the Authority the individual or entity

complies with the requirements set forth in Oklahoma law and this Chapter.

(b) Location. Waste disposal facility licenses and permits shall only be valid for a single location at the

address listed on the application.

(1) It is the responsibility of the license holder to renew the license and any associated permits, with all

applicable documentation, prior to the date of expiration of the license or permit by following the

procedures provided in OAC 442:10-9-3 and OAC 442:10-9-4.

(2) Before renewing a license or permit, the Authority may require further information and

documentation to determine if the licensee continues to meet the requirements set forth in Oklahoma law

and these Rules.

(3) The Authority may refuse to renew a license or permit of a medical marijuana waste facility for the

following:

(A) Failure to meet the requirements for licensure or permits set forth in the Oklahoma Medical

Marijuana Waste Management Act, 63 O.S. § 427a et seq., or OAC 442:10.

(B) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act,

63 O.S. § 427a et seq.; or OAC 442:10.

(4) Upon the determination that a licensee has not met the requirements for renewal, the Authority shall

provide written notice to the licensee. The notice shall provide an explanation for the denial of the

renewal application.

(d) Disposal of waste upon termination of license/permit.

(1) A waste disposal facility licensee whose license is not renewed, or whose license is revoked,

suspended, or voluntarily surrendered, shall immediately cease all operations at all licensed and

permitted locations upon expiration of the license and shall immediately either dispose of any medical

marijuana waste remaining in its possession or transfer such medical marijuana waste to another

licensed medical marijuana waste disposal facility licensee.

(2) A waste disposal facility licensee whose permit is not renewed, or whose permit is revoked,

suspended, or voluntarily surrendered, shall cease all operations at the permitted location immediately

upon expiration of the permit and shall immediately take one of the following actions:

(A) Dispose of any medical marijuana waste remaining in its possession at the permitted

location;

(B) Transfer such medical marijuana waste to another permitted location belonging to the same

licensed medical marijuana waste disposal facility licensee; or

disposal facility licensee.

(e) Change in information.

(1) Licensees shall notify the Authority in writing within fourteen (14) days of any changes in contact

information by electronically submitting a change request in accordance with the Authority's

instructions.

(2) Licensees shall obtain Authority approval for any material changes that affect the licensee's

qualifications for licensure. No licensee shall operate under the conditions of a material change unless

and until the Authority has approved in writing the material change. Licensees shall submit a material

change request to the Authority in writing in advance of any material change that may affect the

licensee's qualifications for licensure by electronically submitting a change request, along with any

relevant documentation and fees, in accordance with the Authority's instructions. When submitting a

material change request, the licensee will now be required to pay a $500.00 nonrefundable fee. Except

as is otherwise authorized by the Authority, licensees are limited to one location change request, one

ownership change request, and one name change request per year of licensure.

(A) Medical marijuana waste licensees submitting a location change for any licensed or permitted

location must provide the information and documentation required in OAC 442:10-9-4 relating to

locations, including but not limited to the following:

(i) Proof as required in OAC 442:10-9-4(c)(1) that the location of the waste facility is at least

one thousand (1,000) feet from any public or private school; and

(ii) Any further documentation the Authority determines is necessary to ensure the business

licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(B) Medical marijuana business licensees submitting an ownership change request must provide the

information and documentation required in OAC 442:10-9-3 relating to owners, including but not

limited to the following:

(i) An list of all owners and principal officers of the commercial applicant and supporting

documentation as set forth in OAC 442:10-9-3(e)(1);

(ii) An affidavit of lawful presence for each new owner;

(iii) Documents required under OAC 442:10-9-3(e)(5) establishing that the applicant; and the

members, managers, and board members if applicable; and seventy-five percent (75%) of the

commercial applicant's ownership interests are Oklahoma residents as required in the Oklahoma

Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.;

(iv) Background checks in accordance with OAC 442:10-1-5; and

(v) Any further documentation the Authority determines is necessary to ensure the business

licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

information and documentation required in OAC 442:10-5-3 relating to the business name,

including but not limited to the following:

(i) A certificate of good standing from the Oklahoma Secretary of State issued within thirty (30)

days of submission of the application as required under OAC 442:10-5-3(e)(2);

(ii) If applicable, official documentation from the Secretary of State establishing the applicant's

trade name;

(iii) If applicable, an electronic copy or digital image in color of a sales tax permit issued by the

Oklahoma Tax Commission;

(iv) A list of all owners and principal officers of the licensee under the new name and

supporting documentation as set forth in OAC 442:10-5-3(e)(1);

(v) Documents establishing that seventy-five (75%) of the ownership of the licensee under the

new name are Oklahoma residents in accordance with OAC 442:10-5-3(e)(6); and

(vi) Any further documentation the Authority determines is necessary to ensure the business

licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(f) Transfer of license or permit.

(1) Licenses may not be changed from one license type to another.

(g) Surrender of license or permit. A waste disposal facility licensee may voluntarily surrender a license or

permit to the Authority at any time in accordance with OAC 442:10-5-2(g). If a waste disposal facility

license is surrendered, all associated permitted locations will be surrendered.

(h) Revocation of license or permit. If a waste disposal facility license is revoked, all associated permitted

locations will be revoked.

442:10-9-3. License applications

(a) Application fee. An applicant for a waste disposal facility license, or renewal thereof, shall submit to the

Authority a completed application on a form and in a manner prescribed by the Authority, along with the

application fee as established in 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana Waste

Management Act, 63 O.S. § 427a et seq.

(b) Submission. The application shall be on the Authority prescribed form and shall include the following

information about the establishment:

(1) Name of the establishment;

(2) Physical address of the establishment, including the county in which any licensed premises will be

located;

(3) GPS coordinates of the establishment;

(4) Phone number and email of the establishment;

(5) Hours of operation for any licensed premises;

(6) Type of waste facility; and

(7) Proposed number and location of additional waste disposal facilities associated with the applicant.

or her own behalf shall be on the Authority prescribed form and shall include at a minimum:

(1) The applicant's first name, middle name, last name, and suffix if applicable;

(2) The applicant's residence address and valid mailing address;

(3) The applicant's date of birth;

(4) The applicant's telephone number and email address;

(5) An attestation that the information provided by the applicant is true and correct;

(6) An attestation that any licensed premises shall not be located on tribal lands; and

(7) A statement signed by the applicant pledging not to divert marijuana to any individual or entity that

is not lawfully entitled to possess marijuana.

(d) Application on behalf of an entity. In addition to requirements of Subsection (c), an application for a

waste facility license made by an individual on behalf of an entity shall include:

(1) An attestation that applicant is authorized to make application on behalf of the entity;

(2) Full name of organization;

(3) Trade name, if applicable;

(4) Type of business organization;

(5) Mailing address;

(6) Telephone number and email address; and

(7) The name, residence address, and date of birth of each owner and each member, manager, and board

member, if applicable.

(e) Supporting documentation. Each application shall be accompanied by the following documentation:

(1) A list of all persons and/or entities that have an ownership

interest in the entity;

(2) If applicable, a certificate of good standing from the Oklahoma Secretary of State;

(3) If applicable, official documentation from the Secretary of State establishing the applicant's trade

name;

(4) An Affidavit of Lawful Presence for each owner;

(5) Proof that the proposed location of the waste disposal facility is a least one thousand (1,000) feet

from a public or private school. The distance specified shall be measured from any

entrance of the school to the nearest front entrance of the facility;

(6) Documents establishing the applicant, the members, managers, and board members, if applicable,

and seventy-five percent (75%) of the ownership interests are Oklahoma residents as established in 63

O.S. § 420 et seq., and OAC 442:10-1-6 (relating to proof of residency);

(7) Proof of sufficient liability insurance. Liability insurance or a letter of insurability from the insurance

company shall be provided by the applicant and shall apply to sudden and nonsudden bodily injury and

property damage on, below, and above the surface of the facility. Such insurance shall be maintained for

the period of operation of the facility during operation and after closing. Sufficient liability insurance

means that the licensee shall maintain at all times insurance coverage with at least the following

minimum limits:

(A) Commercial General Liability: $5,000,000.00 each occurrence;

(B) Pollution Legal Liability: $5,000,000.00 each occurrence;

(8) Relevant waste permit(s) from the Oklahoma Department of Environmental Quality or the Oklahoma

Department of Agriculture; and

(9) Any further documentation the Authority determines is necessary to ensure the applicant is qualified

under Oklahoma law and this Chapter to obtain a waste disposal facility license.

(f) Incomplete application. Failure to submit a complete application with all required information and

documentation shall result in a rejection of the application. The Authority shall notify the applicant via

email through the electronic application account of the reasons for the rejection.

442:10-9-4. Permit applications

(a) Application fee. An applicant for a waste disposal facility permit, or renewal thereof, shall submit to the

Authority a completed application on a form and in a manner prescribed by the Authority, along with the

application fee as established in 63 O.S. § 420 et seq. and the Oklahoma Medical Marijuana Waste

Management Act, 63 O.S. § 427a et seq. A waste disposal facility permit application shall be submitted after

and associated with an approved waste disposal facility license application.

(b) Submission. The application shall be on the Authority prescribed form and shall include the following

information about the establishment:

(1) Name and license number of the waste disposal facility licensee associated with the permit;

(2) Physical address of the establishment, including the county in which any licensed premises will be

located;

(3) GPS coordinates of the establishment;

(4) Phone number and email of the establishment;

(5) Hours of operation of the establishment.

(6) Mailing address of the establishment;

(7) An attestation that the information provided by the applicant is true and correct;

(8) An attestation that any licensed premises shall not be located on tribal lands;

(9) A statement signed by the applicant pledging not to divert marijuana to any individual or entity that

is not lawfully entitled to possess marijuana; and

(10) An attestation that applicant is authorized to make application on behalf of the entity.

(1) Proof that the proposed location of the waste disposal facility is a least one thousand (1,000) feet

from a public or private school. The distance specified shall be measured from any

entrance of the school to the nearest front entrance of the facility;

(2) Proof of sufficient liability insurance. Liability insurance shall be provided by the applicant and shall

apply to sudden and nonsudden bodily injury and property damage on, below, and above the surface of

the facility. Such insurance shall be maintained for the period of operation of the facility and shall

provide coverage for damages resulting from operation of the facility during operation and after closing.

Sufficient liability insurance means that the licensee shall maintain at all times insurance coverage with

at least the following minimum limits:

(A) Commercial General Liability: $5,000,000.00;

(B) Pollution Legal Liability: $5,000,000.00 each occurrence;

(3) Relevant waste permit(s) from the Oklahoma Department of Environmental Quality; and

(4) Any further documentation the Authority determines is necessary to ensure the commercial applicant

is qualified under Oklahoma law and this Chapter to obtain a waste disposal facility license.

(d) Incomplete application. Failure to submit a complete application with all required information and

documentation shall result in a rejection of the application. The Authority shall notify the applicant via

email through the electronic application account of the reasons for the rejection.

442:10-9-5. Inspections

(a) Submission of an application for a medical marijuana waste disposal facility license or permit

constitutes permission for entry to and inspection of any licensed premises and any vehicles on the licensed

premises used for the transportation of medical marijuana and medical marijuana products during hours of

operation and other reasonable times. Refusal to permit or impeding such entry or inspection shall constitute

grounds for administrative penalties, which may include but are not limited to fines as set forth in Appendix

C and the nonrenewal, suspension, and/or revocation of a license.

(b) The Authority may perform one annual unannounced on-site inspection of each licensed and/or

permitted premises to determine, assess, and monitor compliance of applicable Oklahoma law and these

Rules.

applicant prior to approving the application to determine if the proposed site and facility are physically and

technically suitable, and that all application information and documentation is true and correct. The

inspection shall also ensure the applicant meets all requirements in OAC 442:10-9-6.

(d) The Authority may conduct additional inspections to ensure correction of or investigate violations of

applicable Oklahoma law and these Rules.

(e) The Authority shall refer all complaints alleging criminal activity or other violations of Oklahoma law

that are made against a waste disposal facility to appropriate Oklahoma state or local law enforcement or

regulatory authorities.

(f) If the Authority discovers what it reasonably believes to be criminal activity or other violations of

Oklahoma law during an inspection, the Authority may refer the matter to appropriate Oklahoma state or

local law enforcement or regulatory authorities for further investigation.

(g) The Authority may review any and all records of a waste disposal facility and may require and conduct

interviews with such persons or entities and persons affiliated with the facility, for the purpose of

determining compliance with Authority rules and applicable laws. Failure to make documents or other

requested information available to the Authority and/or refusal to appear or cooperate with an interview shall

constitute grounds for administrative penalties, which may include but are not limited to fines as set forth in

Appendix C and nonrenewal, suspension, and/or revocation of a license. All records shall be kept on-site and

readily accessible.

(h) If the Authority identifies a violation of 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and

Patient Protection Act, 63 O.S. § 427.1 et seq., the Oklahoma Medical Marijuana Waste Management Act,

63 O.S. § 427a et seq., and these Rules, during an inspection of the waste disposal facility, the Authority

shall take administrative action in accordance with Oklahoma law, including the Oklahoma Administrative

Procedures Act, 75 O.S. § 250 et seq.

(i) Except as otherwise provided in Oklahoma law or these Rules, a correctable violation identified during

an inspection shall be corrected within thirty (30) days of receipt of a written notice of the violation. If a

waste disposal facility fails to correct violations within thirty (30) days, the entity will be subject to a fine in

the amount set forth in Appendix C for each violation and any other administrative action and penalty

authorized by law.

(j) The Authority may assess fines in the amounts set forth in Appendix C and seek any other

administrative penalties authorized by law against a licensee without providing opportunity to correct when

the violation is not capable of being corrected.

(k) A waste disposal facility permit that has been revoked shall be reinstated upon correction of each

deficiency and remittance of a reinstatement fee of five hundred dollars ($500.00).

442:10-9-6. Security requirements

(a) General requirements. All licensed entities shall provide effective controls and procedures to guard

against theft and diversion of medical marijuana and medical marijuana products. In order to determine

whether a registrant has provided effective controls against diversion, the licensee shall adhere to the

security requirements as set forth by these Rules.

(b) Storage. OMMA licensed entities shall dispose of medical marijuana waste using a medical marijuana

waste disposal facility licensed by the Authority. The licensee shall dispose of all medical marijuana waste

in a secure waste receptacle that is locked with commercial-grade locks. The receptacle shall be kept in a

safe and secure location with limited access.

(1) Medical marijuana waste facilities or medical marijuana commercial licensees transporting waste to

licensed medical marijuana waste disposal facilities shall transport medical marijuana waste in

accordance with the following:

(A) All medical marijuana waste shall be transported:

(i) In a locked shipping container, shielded from public view and clearly labeled "Medical

Marijuana Waste"; and

(ii) In a secured area of the vehicle that is not accessible by the driver during transit.

(B) All vehicles used to transport medical marijuana and medical marijuana products shall be:

(i) Equipped with active Global Positioning System (GPS) trackers, which shall not be mobile

cellular devices and which shall be capable of storing and transmitting GPS data; and

(ii) Insured at or above the legal requirements in Oklahoma.

waste to licensed medical marijuana waste disposal facilities shall maintain updated and accurate

records and information on all vehicles engaged in the transport of medical marijuana waste,

including GPS data and records. Such records and information shall be kept at the licensed premises

and shall be readily accessible.

(D) Medical marijuana waste facilities or medical marijuana commercial licensees transporting

waste to licensed medical marijuana waste disposal facilities shall implement appropriate security

measures to deter and prevent the theft and diversion of medical marijuana waste during

transportation.

(E) Medical marijuana waste facilities or medical marijuana commercial licensees transporting

waste to licensed medical marijuana waste disposal facilities shall comply with all applicable motor

vehicle laws.

(2) Waste disposal facilities who render the medical marijuana unusable and unrecognizable at the

collection site shall transport the processed medical marijuana waste in accordance with the following:

(A) All vehicles used to transport medical marijuana and medical marijuana products shall be

insured at or above the legal requirements in Oklahoma.

(B) Medical marijuana waste facilities shall maintain updated and accurate records and information

on all vehicles engaged in the transport of medical marijuana waste. Such records and information

shall be kept at the licensed premises and shall be readily accessible.

(d) Documentation. The medical marijuana business, research facility, and education facility licensees

transferring the medical marijuana waste for disposal shall document in the electronic inventory system all

waste placed in the secure container and transferred to the medical marijuana waste facility licensee. The

inventory manifest for transport of medical marijuana waste shall also contain this information and shall

adhere to OAC 442:10-9-6(c). Each person authorized by the waste facility licensee to transport to a waste

disposal facility shall maintain records before and during transport and at the waste disposal facility.

Electronic inventory should match the inventory manifest form prior to travel and upon arrival at the

disposal facility.

(1) The copy of the inventory manifest to be left with the business, research facility, or education facility

licensee include the following:

(A) The license number, business name, address and contact information of the business, research

facility, or education facility licensee;

(B) The license number, business name, address and contact information of the waste disposal

facility licensee;

weight or unit of the medical marijuana waste;

(D) The date of transportation and approximate time of departure;

(E) Printed names and signatures of personnel accompanying the transportation of the medical

marijuana waste; and

(F) Notation of the business, research facility, or education facility from which the medical

marijuana waste was collected.

(2) The copy of the inventory manifest to be retained by the medical marijuana waste facility shall

include, at a minimum:

(A) The license number, business name, address and contact information of the business, research

facility, or education facility licensee(s) from which the waste was collected;

(B) The license number, business name, address and contact information of the waste disposal

facility licensee;

or unit of the medical marijuana waste;

(D) The date and time of arrival; and

(E) The printed names and signatures of personnel accompanying the transportation of the medical

marijuana waste.

(e) Records and reporting. Reporting the loss of in-transit shipments is the responsibility of the waste

disposal facility licensee. Any losses shall be reported to the Authority immediately in writing and through

the electronic inventory system. Every inventory and other record required shall be kept by the licensee

available for at least seven (7) years from the date of such inventory or record, for inspecting and copying.

442:10-9-7. Audits and inventory

(a) Audits. The Authority may perform on-site audits of all waste disposal facility licensees and permitted

locations to ensure that all marijuana grown in Oklahoma is accounted for. Submission of an application for

a medical marijuana waste disposal facility license constitutes permission for entry to any licensed premises

and auditing of the licensee during hours of operation and other reasonable times. Refusal to permit the

Authority entry or refusal to permit the Authority to inspect all books and records shall constitute grounds

for administrative penalties, which may include, but is not limited to, fines as set forth in Appendix C and

the denial, nonrenewal, suspension, and/or revocation of a license or permit.

(1) The Authority may review any and all records and information of a waste disposal facility licensee

and may require and conduct interviews with such persons or entities and persons affiliated with such

licensees, for the purpose of determining compliance with Authority rules and applicable laws. Failure

to make documents or other requested information available to the Authority and/or refusal to appear or

cooperate with an interview shall constitute grounds for administrative penalties, which may include, but

are not limited to, fines as set forth in Appendix C and the denial, nonrenewal, suspension, and/or

revocation of a license or any other remedy or relief provided under law. All records shall be kept on-

site and readily accessible.

(2) Waste disposal facility licensees shall comply with all written requests from the Authority to

produce or provide access to records and information within ten (10) business days.

(3) If the Authority identifies a violation of the Oklahoma Medical Marijuana Waste Management Act,

63 O.S. § 427a et seq., other applicable Oklahoma law, or these Rules during an audit of the licensee,

the Authority shall take administrative action against the licensee in accordance with the Oklahoma law,

including the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.

(4) The Authority may refer all complaints alleging criminal activity or other violations of Oklahoma

law that are made against a waste disposal licensee to appropriate Oklahoma state or local law

enforcement or regulatory authorities.

(5) If the Authority discovers what it reasonably believes to be criminal activity or other violations of

Oklahoma law during an audit, the Authority may refer the matter to appropriate Oklahoma state or

local law enforcement or regulatory authorities for further investigation.

(6) Except as is otherwise provided in Oklahoma law or these Rules, correctable violations identified

during an audit shall be corrected within thirty (30) days of receipt of a written notice of violation.

(7) If a licensee fails to correct violations within thirty (30) days, the licensee will be subject to a fine in

the amount set forth in Appendix C for each violation and any other administrative action and penalty

authorized by law.

(8) The Authority may assess fines in the amounts set forth in Appendix C and seek any other

administrative penalties authorized by law against a licensee without providing opportunity to correct

when the violation is not capable of being corrected.

(b) Inventory tracking system. Pursuant to 63 O.S. § 427.3(D)(8) and 63 O.S. § 427.13(B), each

commercial licensee shall use the State inventory tracking system by inputting inventory tracking data

required to be reported to the Authority directly into the State inventory tracking system or by utilizing a

seed-to-sale tracking system that integrates with the State inventory tracking system. All commercial

licensees must have an inventory tracking system account activated to lawfully operate and must ensure all

information is reported to the Authority accurately and in real time or after each individual sale in

accordance with 63 O.S. § 427.13(B)(1) and these Rules. All commercial licensees shall ensure the

following information and data are accurately tracked and timely reported to the Authority through the State

inventory tracking system

(1) The chain of custody of all medical marijuana and medical marijuana products, including every

transaction with another commercial licensee, patient or caregiver, including but not limited to:

(A) The name, address, license number and phone number of the medical marijuana business that

cultivated, manufactured, sold, purchased, or otherwise transferred the medical marijuana or medical

marijuana product(s);

(B) The type, item, strain, and category of medical marijuana or medical marijuana product(s)

involved in the transaction;

medical marijuana product(s) involved in the transaction;

(D) The batch number of the medical marijuana or medical marijuana product(s);

(E) The total amount spent in dollars;

(F) All point-of-sale records as applicable;

(G) Transportation information documenting the transport of medical marijuana or medical

marijuana product(s) as required under OAC 442:10-3-6(b);

(H) Testing results and information;

(I) Waste records and information;

(J) Marijuana excise tax records, if applicable;

(K) RFID tag number(s);

(2) The entire life span of a licensee's stock of medical marijuana and medical marijuana products,

including, at a minimum, notifying the Authority:

(A) When medical marijuana seeds or clones are planted;

(B) When medical marijuana plants are harvested and/or destroyed;

(D) When medical marijuana changes form, including, but not limited to, when it is planted,

cultivated, processed, and infused into a final form product;

(E) A complete inventory of all medical marijuana; seeds; plant tissue; clones; usable marijuana;

trim; shake; leaves; other plant matter; and medical marijuana products; and

(3) Any further information the Authority determines is necessary to ensure all medical marijuana and

medical marijuana products are accurately and fully tracked throughout the entirety of the life span of

the plant and product.

integrate its own seed-to-sale tracking system with the State inventory tracking system established by the

Authority. If a commercial licensee uses a seed-to-sale tracking system that does not integrate with the State

inventory tracking system, or does integrate but does not share all required information, the commercial

licensee shall ensure all required information is reported directly into the State inventory tracking system.

(d) Inventory tracking system requirements.

(1) At a minimum, commercial licensees shall track, update and report its inventory after each individual

sale to the Authority in the State inventory tracking system.

(2) All commercial licensees must ensure all on-premises and in-transit medical marijuana and medical

marijuana product inventories are reconciled each day in the State inventory tracking system at the close

of business, if not already done.

(3) Commercial licensees are required to use RFID tags from an Authority-approved supplier for the

State Inventory Tracking System. Each Licensee is responsible for the cost of all RFID tags and any

associated vendor fees.

(A) A commercial licensee shall ensure its inventories are properly assigned to medical marijuana,

medical marijuana products, and medical marijuana waste as required by the Authority.

(B) A commercial licensee shall ensure it has an adequate supply of RFID tags at all times. If a

commercial licensee is unable to account for unused RFID tags, the commercial licensee must report

to the Authority and the State inventory tracking system vendor within forty-eight (48) hours.

that ordered them. Commercial licensees are prohibited from using another licensee's RFID tags.

(D) Prior to a plant reaching a point where it is able to support the weight of the RFID tag and

attachment strap, the RFID tag may be securely fastened to the stalk or other similarly situated

position approved by the Authority.

(E) When the plant becomes able to support the weight of the RFID tag, the RFID tag shall be

securely fastened to a lower supporting branch. The RFID tag shall remain affixed for the entire life

of the plant until disposal.

(F) Mother plants must be tagged before any cuttings or clones are generated therefrom.

(G) If a RFID tag gets destroyed, stolen, or falls off of a medical marijuana plant, the licensee must

ensure a new RFID tag is placed on the medical marijuana plant and the change of the RFID tag is

properly reflected in the State inventory tracking system.

(H) Commercial licensees shall not reuse any RFID tag that has already been affixed to any

regulated medical marijuana or medical marijuana products.

(4) Each wholesale package of medical marijuana must have a RFID tag during storage and transfer and

may only contain one harvest batch of medical marijuana.

(5) Prior to transfer, commercial licensees shall ensure that each immature plant is properly affixed with

an RFID tag if the plant was not previously tagged in accordance with these Rules.

(6) Commercial licensees' inventory must have a RFID tag properly affixed to all medical marijuana

products during storage and transfer in one of the following manners:

(A) Individual units of medical marijuana products shall be individually affixed with a RFID tag; or

(B) Marijuana products may only be combined in a single wholesale package using one RFID tag if

all units are from the same production batch.

(7) If any medical marijuana or medical marijuana products are removed from a wholesale package,

each individual unit or new wholesale package must be separately tagged.

(8) All packages of medical marijuana waste shall have a RFID tag affixed and the contents of the waste

package shall be reported in the State inventory tracking system.

(e) Inventory tracking system administrators and users.

(1) The inventory tracking system administrator must attend and complete all required inventory

tracking system training.

(2) If at any point, the inventory tracking system administrator for a licensee changes, the commercial

licensee shall change or assign a new inventory tracking system administrator within thirty (30) business

days.

(3) Commercial licensees shall maintain an accurate and complete list of all inventory tracking system

administrators and employee users.

(4) Commercial Licensees shall ensure that all owners and employees that are granted inventory tracking

system account access for the purpose of conducting inventory tracking functions are trained and

authorized before the owners or employees may access the State inventory tracking system.

(5) All inventory tracking system users shall be assigned an individual account in the State inventory

tracking system.

(6) Any individual entering data into the State inventory tracking system shall only use the inventory

tracking system account assigned specifically to that individual. Each inventory tracking system

administrator and inventory tracking system user must have unique log-in credentials that shall not be

used by any other person.

(7) Within three (3) business days, commercial licensees must remove access for any inventory tracking

system administrator or user from their accounts if any such individual no longer utilizes the State

inventory tracking system or is no longer employed by the commercial licensee.

(f) Loss of access to State inventory tracking system. If at any time a commercial licensee loses access to

the State inventory tracking system due to circumstances beyond the commercial licensee's control, the

commercial licensee shall keep and maintain records detailing all inventory tracking activities that were

conducted during the loss of access. Once access is restored, all inventory tracking activities that occurred

during the loss of access must be immediately entered into the State inventory tracking system. If a

commercial licensee loses access to the inventory tracking system due to circumstances within its control,

the commercial licensee may not perform any business activities that would be required to be reported into

the State inventory tracking system until access is restored and reporting is resumed; any transfer, sale, or

purchase of medical marijuana or medical marijuana products would be an unlawful sale.

442:10-9-8. Penalties

(a) Unlawful transfer. Within any two (2) year period of time, if a waste disposal facility licensee has

engaged in unlawful transfer of medical marijuana, the licensee shall be subject to a fine in the amount set

forth in Appendix C for each violation and any other administrative action and penalty authorized by law.

(b) Noncompliance and criminal activity. Waste disposal facility licenses and permits shall be subject to

nonrenewal, revocation, suspension, monetary penalties, and any other penalty authorized by law upon a

determination by the Authority that the licensee has not complied with applicable Oklahoma law or this

Chapter, or upon official notification to the Authority that the licensee has engaged in criminal activity in

violation of Oklahoma law.

Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. These procedures provide for the licensee to

receive notice and to have the opportunity to be present at a hearing and to present evidence in his or her

defense. The Executive Director or his or her designee may promulgate an administrative order revoking or

suspending the license, dismissing the matter, or providing for other relief as allowed by law. At any time

after the action is filed against the licensee, the Authority and the licensee may dispose of the matter by

consent order or stipulation. Orders are appealable in accordance with the Oklahoma Administrative

Procedures Act, 75 O.S. § 250 et seq.

(d) Fines. Monetary penalties shall be assessed in the amounts set forth in Appendix C. Failure to pay any

fine within thirty (30) days of assessment of the fine shall result in nonrenewal, suspension, and/or

revocation of the license.

442:10-9-9. Waste disposal

(a) Frequency. Commercial licensees shall transfer medical marijuana waste to a medical marijuana waste

facility for disposal within ninety (90) days.

(b) Permissible methods. Waste shall be disposed through either a process which renders the waste

unusable through physical destruction or a recycling process that the waste disposal facility is authorized to

conduct pursuant to Oklahoma law.

(1) Medical marijuana waste facilities shall render medical marijuana waste (except hazardous waste)

unusable and unrecognizable through one of the following methods. Other methods to render marijuana

waste unusable and unrecognizable must be approved by the Authority before implementation.

(A) Grinding and incorporating the medical marijuana waste with the non-consumable, solid

wastes listed below such that the resulting mixture is at least 50 percent non-marijuana waste, and

such that the resulting mixture cannot easily be separated and sorted:

(i) Paper waste;

(ii) Plastic waste;

(iii) Cardboard waste;

(iv) Food waste;

(v) Grease or other compostable oil waste;

(vi) Bokashi, or other compost activators;

(vii) Soil;

(viii) Sawdust; and

(ix) Other wastes approved by the Authority that will render the medical marijuana waste

unusable and unrecognizable.

(B) Disposal of hazardous waste shall be conducted in a manner consistent with federal, state and

local laws, regulations, rules or other requirements.

(2) Medical marijuana waste facilities shall only use methods or materials permitted under their

licensure with the Oklahoma Department of Environmental Quality or the Oklahoma Department of

Agriculture and any applicable laws.

(d) Applicable laws apply. Medical marijuana waste, including any hazardous waste, shall be stored,

secured, managed, and disposed in accordance with all applicable state and local statutes, rules, regulations,

ordinances, or other requirements.

SUBCHAPTER 10. RECEIVERSHIP

442:10-10-1. Certificate of Authority

(a) In the event that a licensed dispensary, grower, or processor is foreclosed, is the subject of an order

appointing a receiver, becomes insolvent or bankrupt, or otherwise ceases operations, a temporary

Certificate of Authority may be issued to a secured party, court-appointed receiver, trustee, court-appointed

personal representative, or other individual determined by the Authority to have legal authority over the

operation and/or disposition of the assets of the licensee. The temporary Certificate of Authority shall

authorize the holder to continue operation, without obtaining a separate license, at a licensed dispensary,

grower, or processor for a reasonable period of time for the orderly disposition of the business.

(b) A secured party, court-appointed receiver, trustee, personal representative, or other person requesting a

Certificate of Authority must meet the requirements set forth in OAC 442:10-5-3 and OAC 442:10-5-3.2. A

party that is issued a Certificate of Authority is subject to the same restrictions and obligations as any

commercial licensee.

provided by the Authority in a manner prescribed by the Authority.

(d) There shall be no additional fee for a Certificate of Authority to operate a grower, processor, or

dispensary.

(e) A request for Certificate of Authority shall include the following documentation:

(1) Documents establishing proof of identity as established in OAC 442:10-1-7(b) (relating to proof of

identity);

(2) If applicable, a list of all owners and principal officers of the applicant and supporting

documentation, including, but not limited to: certificate of incorporation, bylaws, articles of

organization, operating agreements, certificate of limited partnership, resolution of a board of directors,

or other similar documents;

(3) Documents establishing the applicant, the members, managers, and board members, if applicable,

and seventy-five percent (75%) of the ownership interests are Oklahoma residents as established in 63

O.S. § 420 et seq., and OAC 442:10-1-6 (relating to proof of residency;

(4) A criminal background check conducted by the Oklahoma State Bureau of Investigation

establishing that the applicant does not have a disqualifying criminal conviction.

(5) A receiver, personal representative, or trustee must provide the Authority with the following

information:

(A) Official documentation proving that the person is the legal trustee, receiver, or personal

representative for the business, or otherwise has legal authority over the operation and/or disposition

of assets of the licensee, such as a court order, letters of administration, or other official

documentation the Authority deems sufficient.

(B) Any further documentation the Authority determines is necessary to ensure the secured party

is qualified under Oklahoma law and this Chapter.

(6) A secured party must provide the Authority with the following information and documents:

(A) Proof of a security interest in the licensed business;

(B) Proof of the licensee's default on the secured debt;

(D) Any further documentation the Authority determines is necessary to ensure the secured party

is qualified under Oklahoma law and this Chapter.

442:10-10-2. Term and renewal of Certificate of Authority

(a) A Certificate of Authority shall be valid for sixty (60) days. The Authority may renew the Certificate of

Authority upon proof that more time is necessary to allow for the orderly disposition of the business.

(b) A Certificate of Authority may not extend beyond the expiration date of the underlying grower,

processor, or dispensary license regardless of the issue date.

in effect and subject to renewal requirements.

(d) Upon termination or expiration of the Certificate of Authority, all medical marijuana or medical

marijuana products in the custody or possession of the holder of the Certificate of Authority must be

disposed of or liquidated in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63

O.S. § 427a et seq., and this Chapter.

442:10-10-3. Responsibilities of the Certificate of Authority holder

The holder of a Certificate of Authority shall comply with the provisions stated in OAC 442:10-5-1.1.

442:10-10-4. Revocation of Certificate of Authority

The Authority may revoke or refuse to issue or extend a Certificate of Authority for any of the reasons

that the Authority may revoke or refuse to issue or renew a license under Oklahoma law or these Rules.

APPENDIX A. TESTING THRESHOLDS [NEW]

MICROBIOLOGICAL TESTING

Substance

Acceptable Limits

Product to be Tested

Shiga-Toxin

producing E. coli

(STEC)-

Bacteria

< 1 Colony forming Unit (CFU) per

gram

Medical Marijuana; Medical

Marijuana Products, including

medical marijuana concentrates but

not including rectal administration

products, vaginal administration

products, pressurized metered dose

inhaler products, and metered dose

nasal spray products

Salmonella

species-

Bacteria

< 1 Colony forming Unit (CFU) per

gram

Aspergillus

niger

1 Colony forming

Unit

(CFU) per

gram

Aspergillus

fumigatus

1 Colony forming Unit

(CFU) per gram

Aspergillus

terreus

1 Colony forming Unit

(CFU)

per

gram

Aspergillus

flavus

< 1 Colony forming Unit

(CFU) per gram

Total

Yeast/Mold

<10

Colony forming Unit

(CFU) per gram

<10

Colony forming Unit

(CFU)

per

gram

or milliliter

Metered dose nasal spray

products;

pressurized metered dose inhaler

products; and vaginal

administration products

< 10

Colony forming

Unit (CFU) per

gram or milliliter

Rectal Administration products

Total

aerobic

microbial count

Colony forming Unit

(CFU)

per gram or milliliter

Metered dose nasal spray

products;

pressurized metered dose inhaler

products; or vaginal

administration products

Colony forming Unit

(CFU)

per gram or milliliter

Rectal Administration products

Staphylococcus

aureus

1 Colony forming Unit

(CFU)

per

gram or milliliter

Metered dose nasal spray products;

pressurized metered dose inhaler

products;

vaginal

administration products

Pseudomonas

aeruginosa

1 Colony

forming

Unit (CFU) per

gram or milliliter

Vaginal administration products

Bile tolerant gram

negative bacteria

l Colony forming Unit

(CFU) per

gram or

milliliter

Metered dose nasal spray products;

and pressurized metered dose inhaler

products

Candida albicans

l Colony forming Unit (CFU) per

gram

milliliter

Vaginal administration products

MYCOTOXINS

Substance

Acceptable Limits

Product to be Tested

Aflatoxins (Bl, B2,

G1, and G2)

20 ppb (total of B1

G2)

Medical Marijuana Products

Ochratoxin A

20 ppb

RESIDUAL SOLVENTS

Substance

Acceptable Limits

Product to be Tested

Acetone

1,000 ppm

Medical Marijuana Products

Butanes

1,000 ppm

Heptanes

1,000 ppm

Isopropyl Alcohol

1,000 ppm

Propane

1,000 ppm

Benzene

2 Parts ppm

Toluene

180 ppm

Pentane

1,000 ppm

Hexane

60 ppm

Total Xylenes (m,p,o-

xylenes)

430 ppm

Methanol

600 ppm

Ethyl

Acetate

1000 ppm

Ethanol

5,000 ppm

Medical marijuana

products that are

administered via

inhalation.

METALS

Substance

Acceptable Limits Based on

Intended Use

Product

to be Tested

Metals (Arsenic,

Cadmium, Lead, and

Mercury)

Inhaled Product or

administration

metered dose nasal spray or pressurized

metered dose inhaler:

Lead - Max Limit:

0.5 ppm Arsenic -

Max Limit:

0.2 ppm

Cadmium - Max Limit:

0.2 ppm

Mercury

Max Limit:

0.1 ppm

Medical Marijuana and

Medical Marijuana

Products

Topical and/or Transdermal:

Lead

Max

Limit:

10 ppm Arsenic - Max Limit:

3 ppm

Cadmium - Max Limit:

3 ppm Mercury

- Max Limit:

1 ppm

Oral Consumption, rectal or vaginal

administration:

Lead

- Max Limit: < 1 ppm

Arsenic

- Max Limit: < 1.5 ppm

Cadmium

- Max Limit: < 0.5 ppm

Mercury

- Max Limit: < 1.5 ppm

APPENDIX B. LQC RESULTS [NEW]

Laboratory Quality Control Sample

Acceptance Criteria

Method blank sample for chemical analysis

Not to exceed LOQ

Reference material and certified reference material

for chemical analysis

The

laboratory shall establish the 99% confidence

interval for control performance. If insufficient

historical data exists to establish the 99% confidence

interval, the laboratory will use 80%

-120% as an

interim limit.

Laboratory replicate sample

Relative %

difference (RPD) no greater than 20%

Matrix spike or matrix spike duplicate sample for

chemical analysis

The laboratory shall establish the 99% confidence

interval for control performance. If insufficient

historical data exists to establish the 99% confidence

interval, the laboratory will use 80%

-120% as an

interim limit.

CCV for chemical analysis

% recovery between 85% to 115%

Marijuana

-derived product reserve sample

D no greater than 20%

Marijuana reserve sample

D no greater than 30%

APPENDIX C. SCHEDULE OF FINES [NEW]

OFFENSE

FINE AMOUNT

Citation

Failure to carry copy of both

transporter license and transporter

agent license while transporting

medical marijuana or medical

marijuana products

$50 per violation –

transporter agent

$500 per violation –

commercial transporter,

grower, processor, or

dispensary

OAC 442:10-3-1(e)-(f);

63 O.S. § 427.16(E)

Unauthorized individual in vehicle

transporting marijuana

$1,000 per violation

OAC 442:10-3-1(e)-(f)

Recordkeeping violations

$500 per violation

OAC 442:10-3-2(c);

OAC 442:10-3-6;

OAC 442:10-4-5;

OAC 442:10-5-5(b);

OAC 442:10-5-6;

OAC 442:10-5-10(b);

OAC 442:10-7-1(c);

OAC 442:10-8-1(h);

OAC 442:10-8-1(i)(7)(D);

OAC 442:10-8-1(k)(4)(C);

OAC 442:10-8-2(g);

OAC 442:10-8-2(h);

OAC 442:10-8-2(i);

OAC 442:10-8-3(a);

OAC 442:10-8-3(c)(5);

OAC 442:10-9-6(c);

OAC 442:10-9-6(d);

OAC 442:10-9-6(e)

Failure to ensure information and

records in OMMA online account

are complete, accurate, and updated

in timely manner

$500 per violation

OAC 442:10-4-1.1(7);

OAC 442:10-4-2(e);

OAC 442:10-5-1.1(7);

OAC 442:10-5-2(e)

Refusal to permit Authority access

to licensed premises

$5,000 per violation

OAC 442:10-4-4(a);

OAC 442:10-5-4(a);

OAC 442:10-9-5(a);

63 O.S. § 427.6(E)(7)

Failure to make documents or other

requested information available to

the Authority

$500 per violation

OAC 442:10-4-5(c)&(e);

OAC 442:10-5-4(g);

OAC 442:10-5-6(b)&(e);

OAC 442:10-9-5(g);

OAC 442:10-9-7(a);

63 O.S. § 427.6(E)(7)

Failure to appear for or cooperate

with an interview

$500 per violation

OAC 442:10-4-4(f);

OAC 442:10-4-5(e);

OAC 442:10-5-4(g);

OAC 442:10-5-6(e)(1);

OAC 442:10-9-5(g)(1);

OAC 442:10-9-7(a)(1)

Failure to maintain documents

onsite and readily accessible

$500 per violation

OAC 442:10-4-4(f);

OAC 442:10-4-5(c);

OAC 442:10-4-5(e)(1);

OAC 442:10-5-4(g);

OAC 442:10-5-6(b);

OAC 442:10-5-6(e)(1);

OAC 442:10-9-5(g);

OAC 442:10-9-7(a)(1);

63 O.S. § 427.6(B)(3)

Inventory tracking violations

$500 per violation

OAC 442:10-4-5;

OAC 442:10-5-6;

OAC 442:10-9-7(b);

63 O.S. § 427.13.

Unlawful purchase or sale

$5,000 – First violation

$15,000 – Any additional

violation

OAC 442:10-4-6(c);

OAC 442:10-5-6.1(c);

63 O.S. § 427.6(G).

Monthly report violations

$500 per violation

OAC 442:10-5-6.1(a);

63 O.S. §§ 421-423

Inaccurate reporting

$5,000 - first violation

$10,000 – Any additional

violation

OAC 442:10-5-6.1(b);

63 O.S. § 427.6(G)

Packaging & labeling violations

$500 per violation

OAC 442:10-5-8(d);

OAC 442:10-7-1;

OAC 442:10-7-2;

63 O.S. § 427.18

Failure to notify the Authority of

actual loss, theft, and/or diversion

$1,000 per violation

OAC 442:10-5-13;

63 O.S. § 427.6(E)(5)

Prohibited onsite consumption of

alcohol

$500 per violation

OAC 442:10-5-16(a)

Prohibited onsite smoking/vaping

of medical marijuana

$500 per violation

OAC 442:10-5-16(a)

Employment of persons younger

than 18

$500 per violation

OAC 442:10-5-16(b)

Delivery of medical marijuana or

medical marijuana products to

patients

$1,000 per violation

OAC 442:10-5-16(c)

Physician located in or providing

medical services to patients at the

same physical address of dispensary

$1,000 per violation

OAC 442:10-5-16(d)

Falsification or misrepresentations

on any documents, forms, or other

materials or information submitted

to the Authority

$5,000 per violation

OAC 442:10-5-16(g)

Threatening or harming a patient,

medical practitioner, or employee

of the Authority

$5,000 per violation

OAC 442:10-5-16(h)

Failure to adhere to

acknowledgment, verification, or

other representation made to

Authority

$1,000 per violation

OAC 442:10-5-16(i)

Possession, sale, or transfer of

medical marijuana products by a

grower

$1,000 – First violation

$5,000 – Any additional

violation

OAC 442:10-5-16(j)

Use of extraction equipment or

processing utilizing butane,

propane, carbon dioxide, or other

potentially hazardous material in

residential property

$5,000 per violation

OAC 442:10-5-16(k)

Acceptance, purchase, sale, or

transfer of improperly packaged or

labeled medical marijuana or

medical marijuana product by a

business licensee

$500 per violation

OAC 442:10-7-1 (b);

63 O.S. § 427.18(B)

Advertising violations

$500 per violation

OAC 442:10-7-3;

63 O.S. § 427.21

Use or sale or other transfer of

medical marijuana or medical

marijuana products exceeding

allowable testing thresholds

$1,000 – First violation

$5,000 – Any additional

violation

OAC 442:10-8-1(d);

63 O.S. § 427.17(V)

Failure to assist Authority in a

recall

$5,000 per violation

OAC 442:10-8-1(g)

Reporting test result for testing

outside scope of accreditation

$1,000 per violation

OAC 442:10-8-2(b)

Improper influencing of testing

process, improper manipulation of

data, or improper benefit by a

testing laboratory employee, owner,

or agent.

$5,000 per violation

OAC 442:10-8-2(d);

63 O.S. § 427.17(M)

Improper manipulation of test

systems, including but not limited

to, quality control, calibration data,

and test validation.

$5,000 per violation

OAC 442:10-8-2(d);

63 O.S. § 427.17(M)

Testing performed by unqualified

personnel

$1,000 per violation

OAC 442:10-8-2(f);

63 O.S. § 427.17(N)(10)

Operation of licensed testing

laboratory without medical

laboratory director onsite

$1,000 per violation

OAC 442:10-8-2(f)

Any inspection or audit violation

not specifically listed above

$500 per violation

63 O.S. § 427.6(E)-(F)

Diversion to an unauthorized minor

$2,500 – First violation

$5,000 and termination of

license – Any additional

violation

63 O.S. § 427.6(I)

Any other violation not listed above

for which disciplinary action can be

taken under 63 O.S. § 427.6(E).

$500 per violation

63 O.S. § 427.6(E)-(F)

Diversion for value by a patient or

caregiver to an unauthorized person

$400 – First violation

$1,000 and revocation of

license – Any additional

violation

OAC 442:10-2-9(a);

OAC 442:10-2-9(b);

63 O.S. § 427.6(H)

Sharing less than three (3) grams of

medical marijuana with an

unauthorized person without

transfer for value

$400

OAC 442:10-2-9(a);

OAC 442:10-2-9(b);

63 O.S. § 427.6(H)(3)

APPENDIX D. SAMPLE COLLECTION FOR FINAL MEDICAL MARIJUANA PRODUCTS

[NEW]

Minimum

Number of

Sample

Increments

Required to be

submitted for

Testing

Final Products (Sample Increment = 1 Serving)

Maximum Batch Size= 1000 Grams

Number of

Servings

within

Production

Batch

Minimum

Number of

Packaged

Units for a 5-

Serving

Unit*

Minimum

Number of

Packaged

Units for a

for a 10-

Serving

Unit*

Minimum

Number of

Packaged

Units for a

20- Serving

Unit*

Minimum

Number of

Packaged Units

for a 100- Serving

Unit*

0 - 99

100 - 999

1000 - 4999

5000 - 9999

10000 -

49999

50000 -

99999

100000 -

249999

250000 or

APPENDIX E. SAMPLE COLLECTION FOR PRE-ROLLS [NEW]

Minimum

Number of

Sample

Increments

Required to be

submitted for

testing

Noninfused Pre-Rolled Marijuana and Infused Pre-Rolled Marijuana (Sample

Increment 0.25 g)

Number of

Pre-Rolls

within

Production

Batch

Minimum

Number of

Pre-Rolls to

submit for a

< or = 0.25 g

Pre- Roll*

Minimum

Number of

Pre-Rolls to

submit for a

0.50 g Pre-

Roll)*

Minimum

Number of

Pre-Rolls to

submit for a

1.00 g Pre-

Roll*

Minimum

Number of Pre-

Rolls to submit for

a 2.00 g Pre-Roll*

0 - 99

100 - 999

1000 - 4999

5000 - 9999

10000 -

49999

50000 -

99999

100000 -

249999

APPENDIX F. REQUIRED TESTING BY BATCH TYPE [NEW]

Required Testing by Batch Type

Batch Type

Required Testing

Product to be Tested

Harvest Batch

Total THC and terpenoid type and

concentration, microbials, pesticides, heavy

metals, foreign materials and filth, water

activity, moisture content

All medical marijuana under

OAC 442:10-8-1

Production Batch A

(concentrates)

Total THC and terpenoid type and

concentration, microbials, pesticides, heavy

metals, foreign materials and filth, residual

solvents, mycotoxins

Any amount of medical marijuana

concentrate or nonliquid medical

marijuana products, not to exceed

production batch sizes allowable under

OAC 442:10

-8-1(b)

, of the same category

and produced using the same extraction

methods, standard operating procedures,

and an identical group of harvest batch of

medical marijuana

Production Batch B

(infused products

made from Production

Batch A)

The same as production Batch A, except if

Production Batch A passed for residual

solvents and heavy metals, these tests

are not

required for production batch B.

If a licensee produces both Production Batch

A (concentrates) and Production Batch B

(infused products made from Production

Batch A concentrates), it can forgo testing the

concentrate in Production Batch A but must

test Production Batch B for all analytes

including residual solvents and heavy metals.

Any amount of finished medical

marijuana product, not to exceed

production batch sizes allowable under

OAC 442:10-8-1(b), of the same exact

type, produced using the same

ingredients, standard operating

procedures, and same production batch of

medical marijuana concentrate or same

harvest batch of medical marijuana.