State officials are taking steps to make sure Oklahoma’s skyrocketing marijuana industry is conforming to recently passed legislation.

“The Oklahoma Medical Marijuana Authority (OMMA) has reinstituted a project management structure to ensure compliance and timely implementation of the changes,” said Tom Bates, Interim Commissioner of Health.

That means creating rules, changes in technology and other planning.

OMMA has met with key policymakers to enact the changes required per statute. All the changes will come in a series in August and November of this year. Permanent changes are expected to be in place by 2020.

Here is a summary of the changes.

Legislative Changes Currently Effective

Board Certification

 Effective May 7, 2019, SB162 removed the requirement for physicians issuing recommendations to patients for medical marijuana to be board certified.

Patient and Caregiver Application Processing

Also effective May 7, 2019, SB 162 gave OMMA 14 business days to review and provide a response on patient and caregiver applications. This changes the previous requirement of 14 calendar days.

Waste Disposal

Effective May 9, 2019, Section 3 of SB882 authorizes businesses to destroy root balls, stems, fan leaves, and seeds through open burning, incineration, burying, mulching, composting or any other technique approved by the Department of Environmental Quality.

SB 882 also provides that medical marijuana waste shall not be subject to the provisions of the Uniform Controlled and Dangerous Substances Act.

Legislative Changes Effective August 29

Patients

  • HB2613 amends HB 2612 to authorize physicians licensed by and in good standing with the Board of Podiatric Medical Examiners to recommend medical marijuana.
  • HB2601 creates a new short-term, 60-day medical marijuana patient license for Oklahoma patients whose physician recommendation is only valid for 60 days.
  • SB1030 requires OMMA to share information on medical marijuana licenses with the Oklahoma Law Enforcement Telecommunications System.
  • HB2612 sets a reduced application fee of $20 for 100-percent disabled veterans.

Business Applications and Renewals

  • HB2601 and HB2612 extend the timeline for review of business applications to 90 business days.
  • The online renewal system will be available starting August 29. Licenses will remain valid and active while the renewal is being processed, even if the renewal processing time goes beyond the expiration date of the license.
  • HB2612 changes state residency to mean (1) Oklahoma residency for 2 years preceding date of application; or (2) 5 years of continuous Oklahoma residency during the 25 years preceding date of application. Commercial licensees who were issued a license before the Oklahoma Medical Marijuana and Patient Protection Act (HB 2612) are exempt from the new 2-year or 5-year residency requirements.
  • SB1030 requires all business applicants to provide a certificate of compliance from relevant local government(s) that certifies the applicant is compliant with zoning, municipal ordinances, and all safety, electrical, fire, plumbing, waste, construction, and building specification codes.

Schools

HB2612 defines “school” to include preschools for the purposes of the 1,000 feet requirement for dispensaries. “School” does not include a homeschool, daycare, or childcare facility.

Business Compliance

  • HB 2612 authorizes licensed growers to sell seeds, flowers, or clones to other licensed growers. It also authorizes licensed dispensaries to sell to other licensed dispensaries.
  • HB2612 requires an electronic seed-to-sale inventory tracking system that will track the life cycle of medical marijuana – a tracking system compatible with the seed-to-sale tracking system established by OMMA.
  • HB2612 and SB 162 require growers and processors to use licensed laboratories to test harvest and product batches that are no greater than 10 pounds before any sale, transfer, or processing of medical marijuana. Owners of laboratories cannot have a direct or indirect beneficial ownership interest in any licensed dispensary, grower, or processor. Testing requirements are expanded to encompass all medical marijuana.
  • HB2612 and HB 2601 add packaging and labeling requirements.
  • HB2612 broadens OMMA inspection authority to include all commercial license types and authorizes inspections twice a year with prior notice and additional inspections when necessary due to violations.

New License Categories

HB2612 and SB 162 add five new license categories:

Transporter ($2,500)

In addition to the license for growers, processors, and dispensaries upon issuance of license, standalone transportation licenses will be made available for the distribution and storage of medical marijuana.

Transporter Agent ($100)

Required for any agents, employees, officers, or owners of a transporter license holder  to transport medical marijuana.

Testing Laboratory ($2,500)

Licenses a laboratory to perform testing on medical marijuana.

This license is anticipated to be available by early 2020.

Education Facility ($500)

Licenses a nonprofit entity to provide training and education to individuals involved in the growing, processing, packaging, and testing of medical marijuana.

This license is anticipated to be available by early 2020.

Short-Term Patient

A sixty (60) day license to be issued to any patient applicant who meets the requirements for a two (2) year license but whose physician recommendation is only valid for sixty (60) days. A fee will be set during the rules process.

Legislative Changes Effective on November 1

SB882 establishes waste facility licenses and permits as a new license category.

Since passage of State Question 788 and the start of accepting license applications in August 2018, the program continues to issue thousands of licenses each week, within an unprecedented turn-around time of 14 days.

OMMA will also have additional staff on board in late August when new laws become effective.