Medical Marijuana Control Program OAC 310:681 Medical Marijuana Control Program

Subchapter 1. General Provisions 310:681-1-1. Purpose Regulatory agency: Oklahoma Medical Marijuana Authority, division of Oklahoma State Department of Health 310:681-1-2. Regulatory program established OSDH receives, processes and regulates applications 310:681-1-3. Limitations of licenses Only valid in the state of Oklahoma 310:681-1-4. Definitions 310:681-1-5. Criminal history screening requires background check, fingerprints and OBNDD registration before dispensary, grower, processor or research license approved

Subchapter 1. General Provisions 310:681-1-6. Proof of residency 310:681-1-7. Proof of identity 310:681-1-8. Applicant photograph 310:681-1-9. Recommending physician registration Physician may register with OSDH 310:681-1- 9.1. Recommending physician standards Physician must be in good standing with licensure board; residents not considered physicians; “accepted standards a reasonable and prudent physician would follow when recommending any medication”

Subchapter 2. Medical Marijuana License 310:681-2-1. Application for patient license Specifies application criteria and accompanying documents, including physician certification and recommendation; must be submitted within 30 days of physician signature Statutory fee of $100 (or $20 if on Medicare/Medicaid) established in SQ788 310:681-2-2. Application for patient license for persons under age 18 Sets forth criteria in addition to 310:681-2-1, including additional physician signature; minor cannot smoke or vape medical marijuana unless both physicians agree it is medically necessary 310:681-2-3. Application for caregivers license Limit of one caregiver license per patient license (homebound minors allowed two for parents/legal guardians); physician attestation of homebound status, patient attestation of caregiver designation; no application fee for caregiver 310:681-2-3.1. Withdrawal of caregiver authorization Patient may withdraw authorization anytime with written notification 310:681-2-4. Application for temporary patient license Application criteria identical to 310:681-2-1(a) plus must have out-of-state medical marijuana license; statutory fee of $100 established in SQ788

Subchapter 2. Medical Marijuana License 310:681-2-5. Term and renewal of medical marijuana license Patient license: 2 years, or until 18 years old in case of minors Caregiver license: duration of patient license Temporary license: 30 days, or expiration of out-of-state license 310:681-2-6. Information contained on patient and caregiver license Photo, name, date of birth, city/county of residence, type of license, expiration date, and a unique 24-character control number 310:681-2-7. Medical marijuana license verification system OSDH required to maintain website and telephone system for verification of patient and transport license 310:681-2-11. Restrictions on smokable medical marijuana and medical marijuana products Smokable and vapable products subject to same restrictions as “Smoking in Public Places and Indoor Workplaces Act”

Adult Patient Application What information is required? Full name Residence and mailing address Date of birth Telephone number and email address Information about physician Personal signature dated within 30 days of when application is submitted What documentation is required? Proof of Oklahoma residency Proof of identity A clear, color, full-face photograph Adult Patient Physician Recommendation Form dated within 30 days of application submission If applicable, Medicaid (SoonerCare) or Medicare insurance card or enrollment documentation Application fee is $100, or $20 with proof of Medicare/Medicaid enrollment

Adult Caregiver Application What information is required? Full name Residence and mailing address Date of birth Telephone number and email address Name and patient license number of the patient who has designated you as his or her caregiver What documentation is required? Proof of Oklahoma residency Proof of identity A clear, color, full-face photograph Adult Patient Caregiver Designation Form signed by the patient There is no application fee for caregiver licenses

Minor Patient Application What information is required? Patient name; parent name Patient and parent residence and mailing address Patient and parent date of birth Patient and parent telephone number and email address Information about the two recommending physicians What documentation is required? Proof of identity of patient and parent; parent proof of residency Clear, color full face photograph of patient and parent First Physician Recommendation form Second Physician Recommendation from dated within 30 days after the First Physician Recommendation form and within 30 days before the application submission date If applicable, documentation establishing legal guardianship

Subchapter 3. Transportation License 310:681-3-1. License for transportation of medical marijuana Automatically issued to qualifying applicants for a commercial license; enables holder to transport marijuana from an Oklahoma licensed facility to other licensed facility (i.e., dispensary, grower or processor) Licensed research establishments may only transport from licensed dispensary to approved research site 310:681-3-2. Requirements for transportation of marijuana All medical marijuana must be transported in a locked container, shielded from public view and clearly labeled “Medical Marijuana or Derivative”

Subchapter 5. Commercial Establishments 310:681-5-1. License required 310:681-5-2. Licenses Valid for 1 year; valid only for single location; renewals conducted in accordance with 310:681-5-3, if license not renewed must cease operations immediately; licensee must notify OSDH of changes in information; licenses not transferable; and licensee may voluntarily surrender license 310:681-5-3. Applications Statutory fee of $2,500 established in SQ788; applications accepted 60 days after passage of SQ788; additional criteria if applying on behalf of entity 310:681-5-4. Inspections Submission of application constitutes consent to annual unannounced food safety inspection; additional inspections upon complaints; OSDH may refer to law enforcement; licensee has 30 days to correct deficiencies, or else $500 fee per deficiency

Subchapter 5. Commercial Establishments 310:681-5-6. Inventory tracking, records, reports and audits Monthly report relating to amounts due on the 15th of each month; business and transaction records must be kept for 7 years; each commercial licensee maintains electronic inventory system; OSDH may perform on-site audits 310:681-5-6.1. Penalties Failure to file timely reports shall result in licensure revocation; inaccurate reports shall be subject to $5,000 fine for first offense and licensure revocation upon second offense; unlawful purchase and sale shall be subject to $5,000 fine for first offense and licensure revocation upon second offense 310:681-5-7. Tax on retail medical marijuana sales 7% tax on gross amount received; reports and payments due to Tax Commission on the 20th of each month; as per SQ788, proceeds to OSDH first

Subchapter 5. Commercial Establishments 310:681-5-8. Composition of medical marijuana industry expert board/food safety standards board 12 Oklahoma residents that are industry experts; Board will submit recommendations to Commissioner 310:681-5-9. Standards for handling and processing medical marijuana and medical marijuana products Must conform to OSDH rules, 63 O.S. § 1-1101 et seq. (Food) and 63 O.S. § 1-1401 (Drugs, Devices and Cosmetics) 310:681-5-10. Medical marijuana waste disposal All waste must be disposed of in accordance with OSDH rules and the Uniform Dangerous Controlled Substances Act

Subchapter 5. Commercial Establishments 310:681-5-12. Marijuana transaction limitations A single transaction is limited to 3 oz. usable marijuana, 1 oz. concentrate, 72 oz. marijuana products, 6 mature plants and/or 6 seedling plants 310:681-5-13. Loss and theft If loss, theft or diversion suspected, licensee shall notify OSDH and law enforcement with 24 hours 310:681-5-17. Entry to commercial establishments No minor may enter unless minor is patient accompanied by parent or legal guardian 310:681-5-18. Prohibited acts No alcohol or marijuana consumption on premises; no employees under the age of 18; no delivery; no false advertising or advertising to minors

Subchapter 6. Commercial Facilities 310:681-6-1. General security requirements for commercial establishment “Shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft and diversion of marijuana”; commercial licenses are responsible for all marijuana in premises or in transit 310:681-6-2. Construction of Premises All commercial establishments shall meet the standards of all state and local electrical, fire, plumbing, waste and building specification codes

Subchapter 7. Packaging and Labeling Labels and packages may not be attractive to minors; all medical marijuana and products must be in child-resistant packaging; labels must contain warnings including “Keep out of reach of children.” and “Women should not use marijuana or medical marijuana products during pregnancy because of the risk of birth defects.” 310:681-7-2. Prohibited products Products shall not be intended to be attractive to children or minors; “No commercial establishment, other than a licensed dispensary, shall offer for sale any marijuana seedlings or mature plants.”