1 TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH

TITLE 310. OKLAHOMA STATE DEPARTMENT OF HEALTH

CHAPTER 681. MEDICAL MARIJUANA REGULATIONS

“Unofficial Publication”

*SEE CORRECTED APPENDIX A

SUBCHAPTER 1. GENERAL PROVISIONS

310:681-1-1. 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") and shall be a

division of the Oklahoma State Department of Health.

310:681-1-2. Regulatory program established

(a) A regulatory program is hereby established under the Oklahoma

State Department of Health 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 Oklahoma State Department of Health by the OMMA

division or its designee, except as is otherwise required by law or

expressly permitted in writing by the Department.

available on the Oklahoma State Department of Health's OMMA website at

http://omma.ok.gov/.

(d) The Oklahoma State Department of Health is located at 1000 N.E. 10

Street, Oklahoma City, Oklahoma, 73117.

310:681-1-3. 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.

310:681-1-4. 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.

"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;

license will be issued and mailed 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, a division of the Oklahoma State Department of Health.

"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 Department 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 patient whom a physician certifies is homebound or

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);

(B) Opaque so that the outermost packaging does not allow the

product to be seen without opening the packaging material; and

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.

"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.

"Commissioner" means the State Commissioner of Health of the

Oklahoma State Department of Health.

"Complete(d) application" means a document prepared in accordance

with Oklahoma law, these Rules, and the forms and instructions

provided by the Department, including any supporting documentation

required by the Department and the license fee.

"Decontamination" means a 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 or production batch.

"Department" means the Oklahoma State Department of Health or its

agent or designee.

"Dispense" means the retail selling of medical marijuana 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 Department, 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 the licensed patient's parent(s) or

legal guardian(s) if licensed patient is an minor, and a licensed

caregiver; 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 to testing

laboratories.

"Dispose" or "Disposal" means the final disposition of medical

marijuana waste by either a process which renders the waste unusable

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 Department;

(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 Department; or

to the Department.

"Education facility" means an individual or entity that has been

issued a license by the Department 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

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 Department 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 method 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

measurement 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.

"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 to consume 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" has the same meaning as set forth in 63 O.S. § 1-1101 ('food'

means (1) articles used for food or drink for man, (2) chewing gum,

and (3) articles used for components of any such article) and set

forth in the Oklahoma Administrative Code ("OAC") OAC 310:257-1-2 and

OAC 310:260-1-6 ("'food' means 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").

"Grower" or "Commercial grower" means an individual or entity that

has been issued a medical marijuana business license by the

Department, which allows the grower to grow, harvest, dry, cure,

package, 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 testing laboratory.

"Harvest Batch" means a specifically identified quantity of usable

medical marijuana, no greater than ten (10) pounds, 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.

"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."

"Integration" or "Integrated" means a third-party vendor’s

software application or 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 a the required tracking system established by the Department

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, transferred

to a medical marijuana research facility, disposed medical marijuana

business of in accordance with these rules or used in a research

project by a medical marijuana research facility. that accounts for

the entire life span of medical marijuana, from either the seed or

immature plant stage until the medical marijuana or medical

marijuana product is consumed, used, disposed of or otherwise

destroyed.

"Label" carries 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.

"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 Department 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 Department 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 Statutes, 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."

"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 the same definition as set forth

in the Oklahoma Municipal Code, 11 O.S. § 1-102, and 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.

"Oklahoma resident" or "Resident" means an individual who can

provide proof of residency as required by OAC 310:681-1-6 (relating to

proof of residency) or OAC 310:681-5-3.1 (relating to proof of

residency for commercial business licensees).

"Oklahoma uniform symbol" or "Universal symbol" means the image,

established by the Department 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 Department.

"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 Department.

"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 310:681-2-1 and OAC

310:681-2- 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;

interest in a limited 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; All persons or entities that

own interest in a joint venture;

(F) All persons or entities that own an interest in an

association;

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

(H) 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 a preschool, 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

Department, 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

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.

"Production batch" means

(A) Any amount of medical marijuana concentrate, not to exceed

ten (10) pounds, 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 ten (10) pounds, 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.

"Public money" means any funds or money obtained from any

governmental entity, including, but not limited to, research grants.

"Public school" means a preschool, elementary, middle, or high

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.

"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 Security Exchange Act of 1934

or listed and traded for investment on a reputable recognized

foreign stock exchange or foreign market.

"Quality assurance laboratory" means a laboratory designated by the

Department to conduct surveillance of testing laboratories for

compliance purposes.

"Registered to conduct business" means any individual or entity that

is required under Oklahoma law to register with the Oklahoma Secretary

of State and/or the Oklahoma Tax Commission and has provided

sufficient proof to the Department of its good standing with such.

"Remediation" means the process by which the medical marijuana

flower or trim, which has failed microbial testing, is processed into

solvent-based medical marijuana concentrate and tested in accordance

with 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 Department to grow, cultivate, possess, and

transfer 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 State Department of Health

as a medical marijuana dispensary.

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

with the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et

seq., that any license issued by the Department 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 310:681.

"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 marijuana

products, transactions with other licensees, testing, and other

required information for the purpose of reporting that

information to the Department 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 classification of marijuana or cannabis plants in

either pure sativa, indica, afghanica, ruderalis, or hybrid varieties.

"Terpenoids" means isoprenes that are the aromatic compounds found

in cannabis, including, but not limited to: limonene, myrcene, pinene,

linalool, eucalyptol, Δ-terpinene, 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 medical marijuana and medical marijuana

products.

"THC" means tetrahydrocannabinol, which is the primary psychotropic

cannabinoid formed by decarboxylation of naturally

testrahydrocannabinolic 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

Department, which allows the transporter to transport, store, and

distribute medical marijuana and medical marijuana products to and

from the licensed premises of commercial licensee. As used in this

Chapter, "Transporter" or "Commercial Transporter" does not mean

licensed commercial growers, processors, and dispensaries who are

automatic holders of transporter licenses.

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

commercial transporter, grower, processor, or dispensary who has been

issued a transporter agent license by the Department to transport

medical marijuana and medical marijuana products on behalf of the said

commercial transporter, grower, processor, or dispensary.

"Transporter license" means a medical marijuana business license

issued by the Department either (A)automatically to commercial

growers, processors, and dispensaries 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

Department to dispose of medical marijuana waste as authorized in

Oklahoma law and these Rules.

"Waste disposal facility license" means a license issued by the

Department 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

Department.

"Waste disposal facility permit" means a permit issued by the

Department 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 Department 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 licensed

premises;

operations at the licensed premises;

(D) Is in the process of purchasing or is awaiting receipt or

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

Department.

310:681-1-5. 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.

authorized by this Chapter that is 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.

310:681-1-6. 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) An Oklahoma voter identification card;

(4) A utility bill for the calendar month preceding the date of

application, excluding cellular telephone, television, and internet

bills;

(5) A residential property deed to property in the State of

Oklahoma;

(6) A current rental agreement for residential property located in

the State of Oklahoma; or

(7) Other documentation that the Department 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.

310:681-1-7. 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;

(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 Department 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 and back of an Oklahoma issued driver's license;

(2) Front and back of 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 Department deems sufficient to

establish identity.

310:681-1-8. 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.

covering cannot obscure your 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.

310:681-1-9. Recommending physician registration

(a) A physician may file a registration with the Department as a

recommending physician on a form prescribed by the Department 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 Department, 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.

310:681-1-9.1. Recommending physician standards

(a) Any Physician, before making a recommendation for medical

marijuana under these provisions, shall be in "good standing" with

their licensure board. 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 Department.

(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.

dispensary.

SUBCHAPTER 2. MEDICAL MARIJUANA LICENSES

310:681-2-1. Application for patient license

(a) The application for a patient license shall be on the Department

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 Department.

or the application will be rejected:

(1) Documents establishing the applicant is an Oklahoma resident as

established in OAC 310:681-1-6 (relating to proof of residency).

(2) Documents establishing proof of identity as established in OAC

310:681-1-7 (relating to proof of identity).

(3) A digital photograph as established in OAC 310:681-1

-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 Department, on the form provided by the

Department, 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;

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 310:681-1-9.1 (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 310:681-1-7 (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 Department may attempt to

verify the applicant is currently insured by the insuring agency.

(3) If the Department 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 Department. 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, signed within six (6) months of

submission of the application, establishing that the applicant is a

veteran with a service disability and stating the percent of the

disability is one-hundred percent.

(f) An applicant who can meet the requirements for a patient license

established in OAC 310:681-2-1 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 310:681-2-

1(d) or is a one-hundred-percent-disabled veteran in accordance with

OAC 310:681-2-1(e), in which case applicant shall pay a reduced fee of

$20.00.

310:681-2-2. 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 Department 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 Department.

or the application will be rejected:

(1) Documents establishing the applicant's parent(s) or legal

guardian(s) is an Oklahoma resident as established in OAC 310:681-1-

6 (relating to proof of residency).

(2) Documents establishing proof of identity as set forth in OAC

310:681-1-7 (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 310:681-1-8

(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 Department, on the forms provided by the

Department, and including the information required under OAC

310:681-2-1(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 Department may attempt to

verify the applicant is currently insured by the insuring agency.

(3) If the Department 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 310:681-2-2 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 310:681-2-2(f), in which case applicant shall pay a reduced

fee of $20.00.

310:681-2-3. 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.

physician's attestation that the patient is 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 310:681-2-

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

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

the Department and shall include the following:

(1) All information and documentation for the caregiver provided for

in OAC 310:681-

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 Department in a manner

prescribed by the Department if the medical marijuana patient license

holder for whom he or she is designated caregiver is deceased.

310:681-2-3.1. 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 Department, on the Department provided form, and

the Department shall immediately withdraw the license. This withdrawal

shall not be subject to appeal.

(b) Upon notice from the Department that the caregiver's license has

been withdrawn, the caregiver shall immediately return his or her

license to the Department.

310:681-2-4. Application for temporary patient license

(a) Temporary patient license application shall be made on a form

provided by the Department and shall include the following:

(1) All information provided for in OAC 310:681-2-1(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;

by the United States government; or

(D) Other documentation that the Department deems sufficient to

establish identity;

(4) A digital photograph as established in OAC 310:681-1-8 (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 310:681-

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 310:681-1-8 (relating to applicant photograph) for

resolution guidance.

established in statute at 63 O.S. § 420 et seq.

(d) Application fees are nonrefundable.

310:681-2-5. Term and renewal of medical marijuana license

(a) Patient License Term. Medical marijuana patient licenses issued

under OAC 310:681-2-1 and OAC 310:681-2-2 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

Department or voluntarily surrendered by the patient.

(b) Short-term patient license term. Short-term medical marijuana

patient licenses issued under OAC 310:681-2-1(f) and OAC 310:681-2-

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 Department or voluntarily surrendered by the patient.

the expiration date of the underlying patient license regardless of the

issue date.

(d) Temporary patient license term. Temporary patient licenses issued

under OAC 310:681-2-4 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 Department 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. 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.

(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

310:681-2-1, 310:681- 2-2, 310:681-2-3, and/or 310:681-2-4. The

Department 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 Medial Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq.; or OAC 310:681.

(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 310:681.

(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 licen

se.

(1) A licensed patient or caregiver may voluntarily surrender a

license to the Department at any time.

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

shall:

(A) Return the license to the Department;

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

and

documentation identified in OAC 310:681-1-7 (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 Department of the

physician's intent to terminate the physician recommendation by

submitting a physician termination form provided by the Department

signed within thirty (30) days of submission. A physician

termination renders the patient license null and void.

(2) The Department shall then immediately terminate the patient

license. If the physician fails to comply with any further requests

for information or documentation that the Department deems necessary

to validate the physician termination, the Department may refuse to

terminate the patient license.

(3) The Department shall not terminate a minor patient license

unless both recommending physicians have submitted a physician

termination form.

(4) Notice and a right to hearing shall be provided to the patient

in accordance with the Oklahoma Medical Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq., and the Oklahoma

Administrative Procedures Act, 75 O.S. § 250 et seq.

(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 Commissioner of Health 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

Department 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.

310:681-2-6. Information contained on patient and caregiver license

Licenses issued pursuant to Sections 310:681-2-1, 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.

310:681-2-7. Medical marijuana license verification system

The Department 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.

310:681-2-8. 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;

(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; and

(7) Legally possess up to eight (8) ounces (226.4 grams) of

marijuana in their residence.

(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.

310:681-2-9. 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 $200.00, and for a second

offense, a fine of $500.00 and revocation of license upon a showing

that the violation was willful or grossly negligent.

(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 $200.00, and for a second offense, a fine of $500.00 and

revocation of license upon a showing that the violation was willful or

grossly negligent.

holders or caregivers may only be 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.

310:681-2-10. Confidential patient information

All records and information submitted to or maintained by the

Department containing patient and caregiver information shall be kept

confidential.

310:681-2-11. 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."

310:681-2-12. [RESERVED]

310:681-2-13. [RESERVED]

SUBCHAPTER 3. TRANSPORTER LICENSE

310:681-3-1. License for transportation of medical marijuana

(a) A medical marijuana transporter license shall be issued to

qualifying applicants for grower, processor, or dispensary licenses at

the time of approval. This license shall enable licensed growers,

processors, and dispensaries through their licensed transporter agents

to transport medical marijuana or medical marijuana products to other

commercial licensees. This license shall not authorize licensed

growers, processors, or dispensaries 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 310:681-5-3, OAC 310:681-5-3.1, and OAC

310:681-5-3.2. 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 Department for the purpose of temporarily storing

and distributing medical marijuana and medical marijuana products.

submit to the Department for each 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 shall be responsible for any and all

medical marijuana and medical marijuana products within its custody,

control, or possession. A commercial transporter applicant or

licensee must have each warehouse location inspected and approved by

the Department prior to its use.

(e) 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. 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.

310:681-3-2. Requirements for transportation of marijuana

(a) 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.

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 and shall be

readily accessible.

(d) Licensed transporter agents shall carry a copy of the commercial

transporter license or the grower, processor, or dispensary

transportation license, and the transporter agent's license while

transporting medical marijuana. Penalties for violations of this

subsection may include a $50.00 fine against the individual

transporter and a $500.00 fine against the employing commercial

transporter, grower, processor, or dispensary 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

Department 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

Department 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.

310:681-3-3. Transporter agent license

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

commercial transporters, growers, processors, or dispensaries who are

issued a transporter agent license by the Department 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 Department on a form and in a manner prescribed by

the Department, along with the annual application fee of $100.00 as

established in the Oklahoma Medical Marijuana and Patient Protection

Act, 63 O.S. § 427.1 et seq.

be on the Department 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 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 310:681

-5-3.1 (relating to proof of residency for

business licensees);

(3) A digital photograph as established in OAC 310:681-1-8 (relating

to applicant photograph).

(4) An employment verification form prescribed by the Department

verifying the applicant's employment with a commercial transporter,

grower, processor, or dispensary; 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 Department. Transporter agent licenses shall not extend beyond

the expiration, surrender, or revocation of the business license of

the commercial transporter, grower, processor, or dispensary 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

310:681-3-3. The Department 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 310:681.

(2) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medial

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 310:681.

310:681-3-4. Employer deactivation of transporter agent license

(a) Commercial transporters, growers, processors, or dispensaries

employing a transporter agent shall notify the Department within

fourteen (14) days in the manner and on the form prescribed by the

Department 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, or dispensary is

responsible for destroying or returning to the Department any

deactivated transporter agent license.

310:681-3-5. 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.

following information:

(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.

310:681-3-6. Inventory manifests

(a) Commercial transporters, growers, processors, and dispensaries

shall utilize an electronic inventory management system the State

inventory tracking system in accordance with OAC 310:681-5-6(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, or

dispensary transporting the medical marijuana if such licensee is

not the originating licensee;

marijuana products to be 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, or

dispensary 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;

information of the commercial transporter, grower, processor, or

dispensary 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.

shall be prepared for each licensee

receiving the medical marijuana or medical marijuana products.

(d) Commercial transporters, processors, growers, and dispensaries

shall also maintain copies of all inventory manifests in accordance

with OAC 310:681-5-6(b).

(e) Inventory manifests should reflect a complete chain of custody of

any and 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

three (3) years from the date of receipt.

(g) An inventory manifest shall not be altered after departing from

the originating licensee's premises, except for the addition of the

printed names, titles, and signatures of any personnel accepting

delivery on behalf of the receiving licensee.

(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:

(1) The medical marijuana and/or medical marijuana products shall be

immediately returned to originating licensee who retains legal

ownership of the products; and

(2) The refusal shall be fully documented in the inventory

manifests, which should include, at a 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 310:681-

3-6(i)(1).

SUBCHAPTER 4. RESEARCH FACILITIES AND EDUCATION FACILITIES

310:681-4-1. License required

(a) No person or entity shall operate a research facility or education

facility without first obtaining a license from the Department

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 Department, 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 Department.

forms prescribed by the Department.

(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 Department:

(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

Department:

(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.

310:681-4-1.1. Responsibilities of the license holder

Upon acceptance of the license issued by the Department, 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 Department access to the licensed

premises as specified under OAC 310:681-5-4 and OAC 310:681-5-6(e);

(4) Comply with directives of the Department including time frames

for corrective actions specified in inspection reports, audit

reports, notices, orders, warnings, and other directives

issued by the Department in regard to the license holder's

facility or in response to community emergencies;

(5) Accept notices issued and served by the Department 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 Department, 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 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.

310:681-4-2. 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 Department 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 310:681-4-3.

(2) Before renewing a license, the Department may require further

information and documentation to determine the licensee continues to

meet the requirements set forth in Oklahoma law and these Rules.

(3) If the research conducted by a research facility licensee

includes a public institution or public money, the Department 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 Department 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 Medial Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq.; or OAC 310:681.

(B) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medial

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 310:681.

(5) Upon the determination that a licensee has not met the

requirements for renewal, the Department shall provide written

notice to the licensee. The notice shall provide an explanation for

the denial of the renewal application.

(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 310:681-5-2(d).

(e) Change in information.

(1) Licensees shall notify the Department in writing within fourteen

(14) days of any changes in contact information by electronically

submitting a change request in accordance with the Department's

instructions.

(2) Licensees shall obtain Department approval prior to any changes

that affect the licensee's qualifications for licensure. Licensees

shall notify the Department in writing in advance of any change that

may affect the licensee's qualifications for licensure by

electronically submitting a change request, along with any relevant

documentation, in accordance with the Department's instructions.

Except as is otherwise authorized by the Department, 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 310:681-4-3 relating to locations, including but

not limited to the following:

(i) A certificate of compliance as required in OAC 310:681-4-

3(e) on a form prescribed or otherwise authorized by the

Department 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 Department 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 310:681-4-3 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 310:681-4-3(e)(2);

(ii) Documents required under OAC 310:681-4-3(e)(3)

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 seeking a

research facility license, a background check for each

principal investigator and co-principal investigator; and

(iv) Any further documentation the Department 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 Department prior to any changes that

affect the initial research project and/or curriculum, including

funding, in a manner prescribed by the Department. If the research

will be conducted with a public institution or public money, the

licensee shall supply any documentation or information the

Department 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 Department may deny the

change and require the licensee to submit a new application.

(f) Transfer of license.

(1) Research facility and education facility licenses shall not be

assigned or otherwise transferred from one person to another person

or from one legal entity to another.

(2) Licenses shall not be changed from one license type to another.

(3)(2) Licenses are limited to the research project(s) approved by

the Department 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 Department at any

time in accordance with 310:681-5-2(g).

310:681-4-3. Applications

(a) Application fee. An applicant for a research facility or education

facility license, or renewal thereof, shall submit to the Department a

completed application on a form and in a manner prescribed by the

Department, 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 Department 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.

education facility license made by an individual on his or her own

behalf shall be on the Department 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 Department

regulations, and that research facility and education facility

licenses granted by the Department 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 Department 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, 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;

(3) 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 310:681-1-6. 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.

(4) 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) Any further documentation or information the Department

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 Department 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. § 427(E);

(2) An application for an education facility must include non-profit

registration with the Oklahoma Secretary of State;

(3) 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)

(4) If applicable, the education facility applicant must submit the

curriculum and/or a description of the curricula that will be used;

and

(5) Any further documentation or information the Department

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 Department

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 Department 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

is consistent with the scope 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.

grown, or cultivated, and an 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 Department

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 Department shall notify the

applicant via email through the electronic application account of the

reasons for the rejection.

(i) Review process. Research facility and education facility license

approval shall be assessed by a procedural review process as

determined by the Department.

(j) Application denial. If the Department determines that the research

or education project does not meet the requirements of state law or

these Rules, the application shall be denied.

310:681-4-4. 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 the nonrenewal,

suspension, or revocation of a license.

(b) The Department 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.

correction of or investigate violations of applicable Oklahoma law and

these Rules.

(d) The Department 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.

(e) If the Department discovers what it reasonably believes to be

criminal activity or other violations of Oklahoma law during an

inspection, the Department may refer the matter to appropriate

Oklahoma state or local law enforcement or regulatory authorities for

further investigation.

(f) The Department 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 Department rules and applicable laws. Failure to make

documents or other requested information available to the Department

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 available under law. All

records shall be kept on-site and readily accessible.

(g) If the Department 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 Department 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.

(i) If a licensee fails to correct violations within thirty (30) days,

the licensee will be subject to a fine of $500.00 for each deficiency

and any other administrative action and penalty authorized by law.

310:681-4-5. Inventory tracking, records, and reports

(a) Monthly reports. Research facility licensees shall submit monthly

reports to the Department, 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 Department 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

Department 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 Department 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.

responsibilities, research facility and education 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, and/or testing of medical marijuana and medical

marijuana products, including but not limited to 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.

(5) Written standard operating procedures outlining the manner in

which the commercial licensee operates as prescribed by the

Department.

(d) Inventory tracking system. Pursuant to 63 O.S. § 427.3(D)(8) and 63

O.S. § 427.13(B), Each each research facility and education facility

commercial licensee shall use the State inventory seed to sale

tracking system established by the Department by inputting inventory

tracking data required to be reported to the Department directly into

the State inventory tracking system or by utilizing a seed-to-sale

tracking system that integrates with the Department-established system

at the time of its implementation 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 Department accurately and in real time or after each

individual sale in accordance with 63 O.S. § 427.13(B)(1) and these

Rules. The system utilized by each licensee shall be a system that:

All commercial licensees shall ensure the following information and

data are accurately tracked and timely reported to the Department

through the State inventory tracking system:

(1) Documents the 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;

Department, of the medical marijuana or 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 310:681-3-6(b);

(H) Testing results and information;

(I) Waste records and information;

(J) Marijuana excise tax records, if applicable;

(K) RFID tag number(s);

(2) Establishes ongoing inventory controls and procedures for the

conduct of inventory reviews and comprehensive inventories of

medical marijuana and medical marijuana products for traceability

which shall enable the licensee to detect any diversion, theft, or

loss in a timely manner;

(3) Identifies and allows for tracking and documentation of the

The entire life span of a licensee's stock of medical marijuana

and medical marijuana products, including, at a minimum,

notifying the Department:

(A) when When medical marijuana seeds or clones are planted;

(B) when When medical marijuana plants are harvested and/or

destroyed;

transferred, sold, stolen, diverted, or lost;

(D) a complete inventory of all medical marijuana; seeds; plant

tissue; clones; useable marijuana; trim; leaves; other plant

matter’ and medical marijuana products. When medical marijuana

changes form, including, but not limited to, when it is planted,

cultivated, processed, and infused into a final product.

(E) all samples sent to a testing laboratory or used to internal

testing or other purposes 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 testing or other purposes;

(4) In event of a serious adverse event or recall, is

capable of tracking medical marijuana or medical marijuana

product from a patient back to the source of the medical

marijuana or medical marijuana product; and

(5) (3) Tracks medical marijuana using an assigned batch number and

bar code. Any further information the Department 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.

(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

Department. 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.

Audits. The Department may perform on-site audits of all research

facility and education facility licensees to ensure the accuracy of

the research facility's monthly reports 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 Department entry or refusal

to permit the Department to inspect all books and records shall

constitute grounds for the nonrenewal, suspension, or revocation of a

license.

(1) The Department 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 Department rules and applicable laws.

Failure to make documents or other requested information available

to the Department 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 on-site and readily

accessible.

(2) Licensees shall comply with all written requests from the

Department to produce or provide access to records and information

within ten (10) business days.

(3) If the Department 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 Department 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 Department 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 Department discovers what it reasonably believes to be

criminal activity or other violations of Oklahoma law during an

audit, the Department 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 of $500.00 for each

violation and any other administrative action and penalty

authorized by law.

(f) Inventory tracking system requirements.

(1) At a minimum, commercial licensees shall track, update, and

report inventory after each individual sale to the Department in

the State inventory tracking system.

(2) All commercial licensees must reconcile all on-premises and in-

transit medical marijuana and medical marijuana product inventories

each day in the State inventory tracking system at the close of

business.

(3) Commercial licensees are required to use RFID tags from a

Department-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 Department.

(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 Department and the State inventory tracking

system vendor within forty-eight (48) hours.

number of the commercial licensee 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 Department.

(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 three

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 license 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 Department may perform on-site audits of all research

facility and education facility licensees to ensure the accuracy of

information and data reported to the Department 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 Department entry or refusal to permit the

Department to inspect all books and records shall constitute grounds

for the nonrenewal, suspension, or revocation of a license.

(1) The Department 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

Department rules and applicable laws. Failure to make documents or

other requested information available to the Department 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 on-site and

readily accessible.

(2) Licensees shall comply with all written requests from the

Department to produce or provide access to records and information

within ten (10) business days.

(3) If the Department 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

Department 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 Department 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 Department discovers what it reasonably believes to be

criminal activity or other violations of Oklahoma law during an audit,

the Department 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 of $500.00 for each violation

and any other administrative action and penalty authorized by law.

310:681-4-6. Penalties

(a) Failure to file timely reports. If a research facility licensee

wholly fails to submit a required monthly report and fails to correct

such deficiency within thirty (30) days of the Department's written

notice, the licensee shall be subject to a fine of $500.00 and any

other administrative action and penalty authorized by law.

(b) Fraudulent reports. Within any two (2) year period of time, if the

a licensee has submitted one (1) or more reports containing gross

errors that cannot reasonably be attributed to normal human error, the

following penalties shall be imposed:

(1) First fraudulent report(s): One thousand dollar ($1,000.00)

fine. If said fine is not paid to the Department within thirty (30)

calendar days of licensee receiving notice of the fine, the license

shall be revoked.

(2) Any additional fraudulent report(s): Five thousand dollar

($5,000.00) fine. If said fine is not paid to the Department within

thirty (30) calendar days of licensee receiving notice of the fine,

the license shall be revoked.

time, if the licensee has made an unlawful purchase or sale of medical

marijuana, the following penalties shall be imposed:

(1) First unlawful purchase(s) or sale(s): One thousand dollar

($1,000.00) fine. If said fine is not paid to the Department within

thirty (30) calendar days after licensee receives notice of the

fine, the license shall be revoked.

(2) Any additional unlawful purchase(s) or sale(s): Five thousand

dollar ($5,000.00) fine. If said fine is not paid to the Department

within thirty (30) calendar days of licensee receiving notice of the

fine, the license shall be revoked.

(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 Department that the licensee has not

complied with applicable Oklahoma law or this Chapter, or upon

official notification to the Department 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

Commissioner of Health 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 Department 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.

SUBCHAPTER 5. MEDICAL MARIJUANA BUSINESSES

310:681-5-1. License required

(a) No person or entity shall operate a medical marijuana business

without first obtaining a license from the Department 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

Department, 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 Department.

Department.

(d) Application fees are nonrefundable.

310:681-5-1.1. Responsibilities of the license holder

Upon acceptance of the license issued by the Department, 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 Department access to the medical

marijuana business as specified under OAC 310:681-5-4 and OAC

310:681-5-6(e);

(4) Comply with directives of the Department including time frames

for corrective actions specified in inspection reports, audit

reports, notices, orders, warnings, and other directives

issued by the Department in regard to the license holder's medical

marijuana business or in response to community emergencies;

(5) Accept notices issued

and served by the Department 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 Department, 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 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.

(9) Bear the financial responsibility for all compliance and

inventory tracking obligations and responsibilities set forth in

Oklahoma statutes and these Rules. The Department will not

contribute to, fund, or subsidize any commercial licensee’s

compliance or tracking expenses. Nothing herein shall be construed

to require the Department to contribute to, subsidize, or fund in

any way a commercial licensee’s compliance or tracking expenses.

310:681-5-2. 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

Department 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 Department 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 310:681-5-3.

(2) Before renewing a license, the Department 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.

(3) The Department 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 Medial Marijuana and Patient

Protection Act, 63 O.S. § 427.1 et seq.; or OAC 310:681.

(B) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medial

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 310:681.

(4) Upon the determination that a licensee has not met the

requirements for renewal, the Department shall provide written

notice to the licensee. The notice shall provide an explanation for

the denial of the renewal application.

(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.

(1) A medical marijuana business has thirty (30) days from date of

expiration, revocation, suspension, or surrender of a business

license to liquidate and transfer all medical marijuana or medical

marijuana products to another medical marijuana business that (1)

the medical marijuana business may lawfully sell to and (2) is

licensed to possess such medical marijuana or medical marijuana

products.

(2) Any medical marijuana or medical marijuana products not

liquidated in accordance with OAC 310:681-5-2(d)(1) shall be

disposed of as specified under OAC 310:681-5-10.

(e) Change in information.

(1) Licensees shall notify the Department in writing within fourteen

(14) days of any changes in contact information by electronically

submitting a change request in accordance with the Department's

instructions.

(2) Licensees shall obtain Department approval prior to any changes

that affect the licensee's qualifications for licensure. Licensees

shall notify the Department in writing in advance of any change that

may affect the licensee's qualifications for licensure by

electronically submitting a change request, along with any relevant

documentation, in accordance with the Department's instructions.

Except as is otherwise authorized by the Department, licensees are

limited to one location 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 310:681-5-3 relating to locations, including but not limited

to the following:

(i) If applicable, proof as required in OAC 310:681-5-3(e)(7)

(5) that the location of the dispensary is at least one

thousand (1,000) feet from any public and private school;

(ii) A certificate of compliance as required in OAC on a form

prescribed or otherwise authorized by the Department 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 Department 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 310:681-5-3 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 310:681-5-3(e)(1);

(ii) An affidavit of lawful presence for each new owner;

(iii) Documents required under OAC 310:681-5-3(e)(6)

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 310:681-1-5;

and

(v) Any further documentation the Department determines is

necessary to ensure the business licensee is still qualified

under Oklahoma law and this Chapter to obtain a business

license.

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 310:681-5-3(e)(1);

(iii) Document required under OAC 310:681-5-3(e)(6)

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.

(iv) Documentation establishing that the publicly traded

company does not own more that forty percent (40%) of the

equity interest of the licensed medical marijuana grower,

processor or commercial transporter 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.

(v) Documentation establishing the publicly traded company was

organized under the laws of the United States or Canada where

the domicile for the business entity permits the sale of

marijuana.

(vi) Documentation establishing what securities exchanges the

publicly traded company is listed and traded on, as well as

stock symbol information.

(vii) Any further documentation the Department determines is

necessary to ensure the medical marijuana grower, processor, or

commercial transporter licensee is still qualified under

Oklahoma law and this Chapter to obtain a business license.

(f) Transfer of license.

(1) Business licenses may not be assigned or otherwise transferred

from one person to another person, from one medical marijuana

business to another, or from one legal entity to another.

(2) 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 Department

at any time.

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

shall:

(A) Return the license to the Department;

(B) Submit on a form prescribed by the Department a report to the

Department 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;

documentation identified in OAC 310:681-1-7 (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 310:681-5-2(d) and OAC 310:681-5-10.

310:681-5-2.1. Objection by municipality

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

department;

(B) A municipal resolution finding that the medical marijuana

dispensary is located within the prohibited setback distance from

a school;

openly in existence prior to the medical marijuana dispensary

being licensed;

(D) Documentation of the measured distance from the school to the

marijuana dispensary measuring in a straight line from the school

door nearest the front door of the medical marijuana dispensary

to the front door of the medical marijuana dispensary less the

error in measurement allowance.

(2) If the Department determines a medical marijuana dispensary is

operating contrary to the required setback distance from a school,

including the error in measurement allowance, the Department may

deny the renewal or transfer of license and move for revocation of

the license.

310:681-5-3. Applications

(a) Application fee. An applicant for a medical marijuana business, or

renewal thereof, shall submit to the Department a completed application

on a form and in a manner prescribed by the Department, 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 Department 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 Department 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.

an individual on his or her own behalf shall be on the Department

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, an electronic copy or digital image in color of

a sales tax permit issued by the Oklahoma Tax Commission;

(4) An Affidavit of Lawful Presence for each owner;

(5) If a licensed dispensary, proof that the location of the

dispensary is at least one thousand (1,000) feet from a public or

private school. The distance specified shall be measured in a

straight line from any entrance of any public and private school to

the nearest point of the location of the dispensary the school door

nearest the front door of the medical marijuana dispensary to the

front door of the medical marijuana dispensary; and

(6) 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 310:681-1-6 (relating to proof of residency);

(B) All other applicants shall submit documentation establishing

proof of residency in accordance with OAC 310:681-5-3.1 (relating

to proof of residency for business licenses).

(7) A certificate of compliance on a form prescribed or otherwise

authorized by the Department 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);

(8) If applicable, accreditation documentation, including

documentation of enrollment in analyte-specific proficiency testing

results, showing applicants meet requirements stated in OAC

310:681- 8-2(a);

(9) Any further documentation the Department determines is

necessary to ensure the commercial applicant is qualified under the

Oklahoma law and this Chapter to obtain a commercial license. 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 310:681-5-2(e)(2)(C) to show

the grower, processor or transporter applicants meet the

requirements stated in 63 O.S. § 427.15a.

(10) Any further documentation the Department 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 Department 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.

(g) Status update letter. If a delay in processing has occurred, the

Department shall notify the applicant via email of the delay and the

reason for the delay.

310:681-5-3.1. 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;

(2) An Oklahoma identification card;

(3) An Oklahoma voter identification card;

(4) Utility bills, excluding cellular telephone and Internet bills;

(5) Residential property deeds or other official documentation

establishing proof of ownership of Oklahoma residential property;

(6) Rental agreements for residential property located in the State

of Oklahoma; and

(7) Other documentation the Department deems necessary and/or

sufficient to establish residency.

310:681-5-3.2. 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 Department for violations of Oklahoma law

or these Rules. For purposes of this Subsection, revoked by the

Department shall not include termination of a caregiver license

based solely on a patient's withdrawal of caregiver designation.

(b) Any license issued to an individual or entity listed above shall

be subject to revocation.

310:681-5-4. 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 the nonrenewal, suspension, or revocation of a license.

(b) The Department 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.

laboratory applicant prior to initial licensure and one 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 Department may conduct additional inspections to ensure

correction of or investigate violations of applicable Oklahoma law

and these Rules. Such inspections may be unannounced if the

Department believes notice will result in the destruction of

evidence. The Department shall conduct one 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 Department 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. The Department may conduct additional

inspections to ensure correction of or investigate violations of

applicable Oklahoma law and these Rules. Such inspections may be

unannounced if the Department believes notice will result in the

destruction of evidence.

(f) If the Department discovers what it reasonably believes to be

criminal activity or other violations of Oklahoma law during an

inspection, the Department may refer the matter to appropriate 25

Oklahoma state or local law enforcement or regulatory authorities

for further investigation. The Department 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) The Department 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 Department rules and applicable laws. Licensees shall

be afforded at least twenty-four hours' notice to secure legal

representation prior to any interviews. Failure to make documents or

other requested information available to the Department 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 available under law. All records shall be

kept on-site and readily accessible. If the Department discovers what

it reasonably believes to be criminal activity or other violations of

Oklahoma law during an inspection, the Department may refer the

matter to appropriate Oklahoma state or local law enforcement or

regulatory authorities for further investigation.

(h) If the Department 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 Department shall take administrative action in

accordance with Oklahoma law, including the Oklahoma Administrative

Procedures Act, 75 O.S. § 250 et seq. The Department 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 Department

rules and applicable laws. Licensees shall be afforded at least

twenty-four hours' notice to secure legal representation prior to any

interviews. Failure to make documents or other requested information

available to the Department 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 available under

law. All records shall be kept on- site and readily accessible.

(i) 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 the Department 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 Department shall take administrative action in

accordance with Oklahoma law, including the Oklahoma Administrative

Procedures Act, 75 O.S. § 250 et seq.

(j) If a licensee fails to correct violations within thirty (30)

days, the licensee will be subject to a fine of $500.00 for each

deficiency and any other administrative action and penalty

authorized by law. 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.

(k) If a licensee fails to correct violations within thirty (30)

days, the licensee will be subject to a fine of $500.00 for each

deficiency and any other administrative action and penalty

authorized by law.

310:681-5-4.1. Operational status visit

(a) Initial operational status visit for Growers, Processors, and

Dispensaries. Effective September 1, 2021, the Department 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 Department.

(3) If, at the time of the initial operational status visit, the

grower, processor, or dispensary being inspected fails to provide

proof to the Department that the licensee is actively operating or

working towards operational status, the Department 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 Department 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 Department.

(3) If, at the time of the follow-up operational status visit, the

grower, processor, or dispensary fails to provide proof to the

Department that the medical marijuana commercial licensee is

actively operating or is continuing to work towards becoming

operational, the Department 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 Department does not grant a grower, processor, or

dispensary a secondary grace period, the Department shall

seek revocation of the grower, processor, or dispensary

license.

(B) If, after conducting a follow-up visit, the Department

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

Department that operations have commenced, the Department

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 Department in

making such a determination but shall not be required.

310:681-5-5. [RESERVED]

310:681-5-6. 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 Department. These reports shall be deemed untimely if not

received by the Department 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 Department 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;

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 Department 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 Department 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 submission of information and

data to the Department through the seed-to-sale tracking system

established by the Department, or a seed to sale tracking system

that integrates with the Department- established system, 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 Department through the State inventory tracking system shall

be sufficient to satisfy monthly reporting requirements.

(b) Records. Pursuant to the Department'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 processing,

preparation, transportation, sampling, and/or testing of medical

marijuana and medical marijuana products, including but not limited

to sample field 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.

(5) Written standard operating procedures outlining the manner in

which the commercial licensee operates as prescribed by the

Department.

information shall not be retained by a medical marijuana business for

more than sixty (60) days without the patient's or caregiver's

consent. "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 Department 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), Eacheach business commercial licensee shall use

the seed-to-sale State inventory tracking system established by the

Department or by inputting inventory tracking data required to be

reported to the Department directly into the State inventory tracking

system or by utilizing a seed-to-sale tracking system that integrates

with the State inventory tracking system Department established system

at the time of its implementation. All commercial licensees must have

an inventory tracking system account activated to lawfully operate and

must ensure all information is reported to the Department accurately

and in real time or after each individual sale in accordance with 63

O.S. § 427.13(B)(1) and these Rules. The system utilized by each

licensee shall be a system that: All commercial licensees shall ensure

the following information and data are accurately tracked and timely

reported to the Department through the State inventory tracking

system:

(1) Documents the 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;

Department, of the medical marijuana or 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 310:681-3-6(b);

(H) Testing results and information;

(I) Waste records and information;

(J) Marijuana excise tax records, if applicable;

(K) RFID tag number(s);

(2) Establishes ongoing inventory controls and procedures for the

conduct of inventory reviews and comprehensive inventories of

medical marijuana and medical marijuana products for traceability

which shall enable the licensee to detect any diversion, theft, or

loss in a timely manner;

(3) Identifies and allows for tracking and documentation of the The

entire life span of a licensee's stock of medical marijuana and

medical marijuana products, including, at a minimum, notifying the

Department:

(A) When medical marijuana seeds or clones are planted;

(B) When medical marijuana plants are harvested and/or destroyed;

transferred, sold, stolen, diverted, or lost;

(D) A complete inventory of all medical marijuana; seeds; plant

tissue; clones; usable marijuana; trim; leaves; other plant

matter; and medical marijuana products; When medical

marijuana changes form, including, but not limited to, when

it is planted, cultivated, processed, and infused into a

final form product.

(E) All samples sent to a testing laboratory or used for

internal quality testing or other purposes; 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 testing or other purposes;

(4) In event of a serious adverse event or recall, is capable of

tracking medical marijuana or medical marijuana product from a

patient back to the source of the medical marijuana or medical

marijuana product; and

(3)(5) Tracks medical marijuana using an assigned batch number and

bar code. Any further information the Department 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.

(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

Department. 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.

Audits. The Department may perform on site audits of all research

facility and education facility licensees to ensure the accuracy of the

research facility's monthly reports 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

Department entry or refusal to permit the Department to inspect all

books and records shall constitute grounds for the nonrenewal,

suspension, or revocation of a license.

(1) The Department 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 Department rules and applicable laws.

Failure to make documents or other requested information available

to the Department 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 on site and readily

accessible.

(2) Licensees shall comply with all written requests from the

Department to produce or provide access to records and information

within ten (10) business days.

(3) If the Department 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 Department 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 Department 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 Department discovers what it reasonably believes to be

criminal activity or other violations of Oklahoma law during an

audit, the Department 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 of $500.00 for each

violation and any other administrative action and penalty

authorized by law.

(f)Inventory Tracking System Requirements.

(1) At a minimum, commercial licensees shall track, update, and

report inventory after each individual sale to the Department in the

State inventory tracking system.

(2) All commercial licensees must reconcile all on-premises and in-

transit medical marijuana and medical marijuana product inventories

each day in the State inventory tracking system at the close of

business.

(3) Commercial licensees are required to use RFID tags from a

Department-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 Department.

(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 Department and the State inventory tracking system vendor

within forty-eight (48) hours.

number of the commercial licensee 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 Department.

(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 and 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 three

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 license shall keep and maintain records detailing all