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What to know about Oklahoma cannabis legislation changes

by Travis C | Jun 20, 2022 | Blog, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Marijuana, Medical Marijuana

The 2022 legislative session has ended in Oklahoma, bringing with it over a dozen new pieces of legislation specifically impacting the medical cannabis industry.

OMMA Executive Director Adria Berry sent an email to cannabis business owners this week with details on the new legislation, while also thanking businesses for their cooperation and transitioning to Metrc. Metrc is a seed to sale track and trace system specifically designed for the cannabis industry.

While chosen to be implemented in September of 2020, it wasn’t until May 26, this year that the state finally forced the transition.

“Through the struggles and bumps in the road, we’ve taken your feedback, questions, comments and complaints directly to Metrc every single time. Some answers are quick and easy, others take days to solve. At the end of the day, I want you to know that we are working on every issue you’ve brought us and will not let problems go unsolved.” said Berry.

In addition to the implementation of Metrc, Oklahoma’s governor also signed thirteen separate cannabis-related bills into law this week. The laws still must go through a rulemaking process in which regulations are formed. The public will be allowed input in this process.

House Bill 2179: Creates a tiered commercial grower fee structure based on size and type of facility — annual fees would range from the current $2,500 to more than $50,000. Under the terms of the bill, processor license fees will be determined by volume and range from $2,500 to $40,000. Dispensaries will pay $2,500 to $10,000, based on annual sales. Testing laboratories will pay a flat $20,000. Effective June 1, 2023.

House Bill 3019: Adjusts packaging standards to allow clear packaging for edibles but requires opaque exit packaging for carrying out of the dispensary. Effective Nov. 1, 2022.

House Bill 3208: Places a moratorium on new business licenses between Aug. 1, 2022, and Aug. 1, 2024. The legislation itself takes effect July 1, 2022. OMMA will incorporate the legislation into new emergency rules that will take effect in July before the moratorium begins Aug. 1, 2022. Current grower, dispensary and processor licenses are not included in the moratorium. OMMA will accept new grower, dispensary and processor applications through 11:59 p.m. Aug. 1, 2022. Read more about HB 3208.

House Bill 3530: Creates a revolving fund to be used by OMMA to establish programs and provide funding to support county sheriff enforcement of medical marijuana laws and regulations. Effective immediately.

House Bill 3929: By Jan. 1, 2024, OMMA must promulgate rules to create a process validation program in which licensees may voluntarily participate. Effective immediately.

House Bill 3971: By Jan. 1, 2024, OMMA must create a “secret shopper” program by rule promulgation to purchase medical marijuana in dispensaries and send samples for testing. Effective January 1, 2024.

House Bill 4056: After receiving recommendations from QA lab and a committee of licensed labs, OMMA must promulgate rules by Jan. 1, 2024, that set out required equipment and standards to be used by all licensed labs. Effective immediately.

Senate Bill 1367: Enhances penalties for the unlawful diversion of medical marijuana products to someone not legally allowed to acquire or consume them. Effective Nov. 1, 2022.

Senate Bill 1511: Prohibits commercial grow operations within 1,000 feet of a school. The legislation makes an exception for established businesses. SB 1511 is already in effect — it was effective immediately when Gov. Kevin Stitt signed it in March.

Senate Bill 1543: Establishes OMMA as an independent state agency separate from the state Department of Health. Effective Nov. 1, 2022. Read more about SB 1543 on our website.

Senate Bill 1704: Requires all employees of medical marijuana businesses to apply for a badge/credential beginning Jan. 1, 2024, and allows OMMA to contract with a third party to provide those services. Effective Nov. 1, 2022.

Senate Bill 1726: Adds technology centers primarily used for classroom instruction to the list of school buildings that dispensaries and grows must be at least 1,000 feet away from. Effective immediately.

Senate Bill 1737: Outdoor growers must register as a sensitive crop, and all commercial growers must post signage at the perimeter of the property with specific information. Effective Nov. 1, 2022.

OMMA halting cannabis business applications until 2024

by Travis C | Jun 1, 2022 | Blog, Business, Cannabis Business, Cannabis Law, Growing, Legalization, Medical Marijuana

In an effort to contain the massive medical cannabis marketplace in Oklahoma, the OMMA has said it will stop processing applications for new growers, processors and retailers for up to two years.

HB 3208 includes a moratorium beginning on Aug. 1, 2022 in which OMMA will halt all application considerations. It is set to end on Aug. 1, 2024.

“All of our current grower, dispensary and processor licensees who stay in compliance with our rules should know HB 3208 doesn’t change anything for them – owners of current licenses will still be able to apply for renewal when it’s time,” said OMMA Executive Director Adria Berry. “OMMA stands ready to implement HB 3208 by incorporating it into our rules during the rulemaking process, fulfilling the regulatory duties entrusted in us by Gov. Stitt, the Legislature and every Oklahoman.”

Current growers, processors and retailers will not be impacted by this change, and OMMA will still accept applications until 11:59 PM on Aug. 1. However any operator that allows their license to expire after the moratorium begins will not be able to reapply for a new license.

Oklahoma cannabis legalization may be on November ballot

by Travis C | Apr 25, 2022 | Blog, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Culture, Industry News, Legalization, Medical Marijuana

Oklahoma cannabis legalization petition getting signatures

The Oklahoma Supreme Court has approved plans for Oklahoma cannabis legalization to move forward in the state. The plan’s organizers can now begin collecting signatures.

There are currently two separate proposals for Oklahoma cannabis legalization, and both would need to gather enough signatures to end up on the ballot this November.

The approved plans, State Question 819 and State Question 818, would make an amendment to the state’s Constitution to protect the right of residents age 21 and older to use cannabis.

SQ 818, known as the Oklahoma Medical Marijuana Enforcement and Anti-Corruption Act, would expand the state’s medical cannabis program. It would establish a new state agency known as the Oklahoma State Cannabis Commission (OSCC).

This agency would replace the current Oklahoma Medical Marijuana Authority (OMMA) and oversee the entire cannabis industry including hemp.

This bill replaces the excise tax on medical cannabis with a 7% retail tax. Revenue would be used to support cannabis research, rural impact and urban waste remediation, agriculture development, mental health response programs, substance misuse treatment and more.

SQ 819, otherwise known as the Oklahoma Marijuana Regulation and Right to Use Act, would legalize possession of up to eight ounces of cannabis for anyone over the age of 21.

Adults could purchase cannabis from a retail store, or grow up to 12 plants for personal use. Any home grower is legally allowed to possess however much they harvest from their 12 plants.

Recreational cannabis sales would be taxed at 15%. A number of state initiatives would receive a portion of the tax funds collected from Oklahoma cannabis legalization. These include water-related infrastructure, disability assistance, substance misuse treatment, law enforcement training, cannabis research and more.

Lastly, SQ 819 would open up pathways for resentencing and expungements for those with prior and current cannabis convictions.

If passed, Oklahoma would become the 19th state in the US to legalize cannabis recreationally. In order to make it onto the ballot, supporters are going to need to gather about 178,000 signatures in the next 90 days.

Despite being on of the reddest states in the country, Oklahoma cannabis legalization isn’t a very far fetched idea for the state. In fact, nearly 10% of Oklahoma’s 4 million residents have qualified a medical cannabis card, the highest in the country.

“Whether we’ll get on the November ballot this year remains to be seen,” said Jed Green, a longtime Oklahoma cannabis activist behind the plans. “We’re going to push, push and push to get it done, and hopefully we do, but … we’ll get our signatures.”

A separate adult-use proposal, State Question 820, already has been cleared by the high court and because it would only amend state statute, requires only about 95,000 signatures. Supporters of that plan can begin gathering signatures on May 3.

Republicans aim to restrict Oklahoma medical marijuana industry

by The Real Dirt | Mar 9, 2022 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Medical Marijuana, Politics

Oklahoma medical marijuana industry would be restricted under new legislation

Republicans in the Oklahoma House are unveiling a package of new restrictions on the medical marijuana industry.

OKLAHOMA CITY — Republicans in the Oklahoma House on Monday unveiled a package of new restrictions on the state’s booming medical marijuana industry, designed to crack down on illegal growers who sell cannabis on the black market.

The 12-point plan includes a standardization of lab testing and equipment, more inspections of grow facilities, separate licenses for marijuana wholesalers and stringent new reporting requirements for electric and water usage by growers. One proposal would also make the Oklahoma Medical Marijuana Authority a stand-alone agency, not a division of the Oklahoma State Department of Health.

“If you’re an illegal operator in Oklahoma, you’re time is up,” said Rep. Scott Fetgatter, an Okmulgee Republican and a member of the House Republican working group on medical marijuana.

The marijuana industry has been booming in Oklahoma since voters in 2018 approved one of the most liberal medical programs in the nation. It’s easy for patients to obtain a two-year medical license, and nearly 10% of the state’s population is now authorized to buy and use marijuana. Unlike other states, there also are no restrictions on the number of dispensary or grow licenses, and the low cost for entry into the industry has led to a flood of out-of-state pot entrepreneurs seeking to capitalize on the boom.

But the low barriers for entry and the loose regulatory environment also has led to a huge increase in the number of illegal operators, according to law enforcement.

Read Full Story on ABC News

Oklahoma seed-to-sales tracking moves forward in Oklahoma

by The Real Dirt | Feb 28, 2022 | Blog, Business, Cannabis Business, Cannabis Law, Cannabis Law and Compliance, Cannabis News, Industry News, Legalization, Medical Marijuana

Oklahoma seed-to-sale injunction is lifted for medical marijuana

Oklahoma’s medical marijuana seed-to-sale system can move forward following a partial resolution.

An agreement between the medical marijuana commercial licensees who filed the lawsuit and co-defendants Oklahoma Medical Marijuana Authority and Metrc enabled the seed-to-sale system to proceed.

An Agreed Order was filed Friday, lifting the restraining order that prevented OMMA from implementing the seed-to-sale tracking and tagging system for the medical marijuana industry. Metrc is OMMA’s contractor for the program.

“Lifting this injunction clears the single biggest roadblock to OMMA enforcing the law,” said OMMA Executive Director Adria Berry. “This is a crucial step toward cracking down on licensees operating illegally or skirting the system within Oklahoma’s medical marijuana industry. Come May 27th, we will focus the bulk of our enforcement authority on businesses that are not Metrc-compliant.”

Viridian Legal Services obtained the restraining order las t April as a continuation in the class action lawsuit filed on behalf of over 10,000 state licensed cannabis businesses across Oklahoma.

Ronald Durbin, the attorney who represented the thousands of cannabis businesses, previously told KFOR that implementing Metrc would create a monopoly and that the company would earn over $12 million in just the first year.

Now that the seed-to-sale system can move forward, medical marijuana commercial licensees throughout the state have until Thursday, May 26 (90 days) to comply with the Metrc seed-to-sale tracking system.