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

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

3. Subchapter 1. General Provisions
310: Proof of residency
310: Proof of identity
310: Applicant photograph
310: Recommending physician registration
Physician may register with OSDH
310: 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”

4. Subchapter 2. Medical Marijuana License
310: 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: Application for patient license for persons under age 18
Sets forth criteria in addition to 310: , including additional physician signature; minor cannot smoke or vape medical marijuana unless both physicians agree it is medically necessary
310: 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: Withdrawal of caregiver authorization
Patient may withdraw authorization anytime with written notification
310: Application for temporary patient license
Application criteria identical to 310: (a) plus must have out-of-state medical marijuana license; statutory fee of $100 established in SQ788

5. Subchapter 2. Medical Marijuana License
310: 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: 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: Medical marijuana license verification system
OSDH required to maintain website and telephone system for verification of patient and transport license
310: 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”

6. Adult Patient Application
What information is required?
Full name
Residence and mailing address
Date of birth
Telephone number and 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

7. Adult Caregiver Application
What information is required?
Full name
Residence and mailing address
Date of birth
Telephone number and 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

8. 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 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

9. Subchapter 3. Transportation License
310: 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: 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”

10. Subchapter 5. Commercial Establishments
310: License required
310: Licenses
Valid for 1 year; valid only for single location; renewals conducted in accordance with 310: , 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: 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: 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

11. Subchapter 5. Commercial Establishments
310: 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: 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: 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

12. Subchapter 5. Commercial Establishments
310: 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: Standards for handling and processing medical marijuana and medical marijuana products
Must conform to OSDH rules, 63 O.S. § et seq. (Food) and 63 O.S. § (Drugs, Devices and Cosmetics)
310: Medical marijuana waste disposal
All waste must be disposed of in accordance with OSDH rules and the Uniform Dangerous Controlled Substances Act

13. Subchapter 5. Commercial Establishments
310: 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: Loss and theft
If loss, theft or diversion suspected, licensee shall notify OSDH and law enforcement with 24 hours
310: Entry to commercial establishments
No minor may enter unless minor is patient accompanied by parent or legal guardian
310: 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

14. Subchapter 6. Commercial Facilities
310: 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: Construction of Premises
All commercial establishments shall meet the standards of all state and local electrical, fire, plumbing, waste and building specification codes

15. 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: 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.”