The medical marijuana laws in Oklahoma got a special gift from the state legislature to commemorate the one-year anniversary of passage – updates to the statutes.
The Medical Marijuana Authority is working on making the changes designated by lawmakers during the 2019 session.
The changes will be made in a series of steps, known as ‘flights’ in August and November as emergency rulings. Those will be replaced with permanent rules in 2020.
Changes include wording – board certified for physicians has been changed to licensed and in good standing in many instances – and from 14 business days to 14 calendar days for a response on patient applications.
Changes have been made in the ways in which marijuana waste may be disposed. The waste is no longer subjected to disposal means outlined in the Uniform Control and Dangerous Substance Act. Instead it may be destroyed by open burning, incineration, burying, mulching or composting, or any means approved by the Oklahoma Department of Environmental Quality. Waste is defined as roots, stems, fan leaves and seed.
Other adjustments to the rules take effect Aug.
29. Those include allowing podiatrists to issue patient recommendations for medical marijuana, issuance of a 60-day patient license, and reducing application fees for disabled veterans to $20. A more significant change is the requirement of the Oklahoma Medical Marijuana Authority to share information on licenses with the Oklahoma Law Enforcement Telecommunications System. That will be implemented once the data infrastructure is in place.
The facets of the law that deal with business applications are facing some changes as well.
Those include allowing up to 90 business days for the review of business applications and allowing online renewals of those licenses. The business licenses will remain valid while the renewal is being processed, even if renewal takes longer than the valid date on the original license.
To claim Oklahoma residency, the applicant must have been a resident for two years before the date of application or for five continuous years in the 25 years preceding the application date. Applicants who were granted a license prior to this change are grandfathered in, but the residency requirements are applied to all business applicants going forward.
All business applicants must provide a certificate of compliance from the local government showing the business complies with zoning, municipal ordinances, electrical, fire, plumbing, waste, construction and building specifications.
The definition of schools has been further streamlined to include preschools within the 1,000 feet setback rule, but disallowing homeschools, daycare or childcare businesses.
The rules change also addresses business to business sales, dealing with sale of seed, flowers or clones from grower to grower, instituting an electronic seed to sale inventory tracking system that follows the entire life cycle of medical marijuana. Licensees will be required to integrate their tracking system with the OMMA system.
Growers and processors will be required to use licensed laboratories to test harvest batches and product batches of 10 pounds or less before sale or processing of medical marijuana. The laboratories cannot be owned by anyone with interest in a dispensary, grow or processing facility. There are additional packaging and labeling requirements, and inspection authority has been expanded to allow inspection of all commercial licenses twice a year, with prior notice. Those operations with violations may face additional inspections.
There have been five new license categories instituted as well: a standalone transportation license for distribution; transporter agent for employees, officers or owners of a transporter license holder to transport product; testing laboratory beginning early 2020; short term patient license, a 60-day license for those who meet the two-year residency requirement but whose physician only recommends usage for a limited period. Fees for this license are to be determined.