Laws and regulations governing Oklahoma’s medical marijuana program have become more complex with the passage of the “Unity Bill.” Tulsa medical marijuana attorney Stephen Cale discusses some inspection requirements under the new law.
The following is a general overview for educational purposes only and is not legal advice. Laws and regulations change often. So, if you need legal services for your Oklahoma medical marijuana business, contact Tulsa medical marijuana attorney Stephen Cale at 918-771-7314. The Cale law Office offers a free initial consultation.
HB 2612 is officially called the Oklahoma Medical Marijuana and Patient Protection Act. Some refer to it commonly as the Unity Bill because of bipartisan support and a large number of people in the industry drafting it.
Gov. Kevin Stitt signed the Unity Bill on March 14, 2019. The law takes effect 90 days after the Legislature adjourns, which must occur by 5 p.m. May 31st. So, if the Legislature does adjourn on that date, the law will take effect on Aug. 29, 2019.
Parts of the new law cover what the State Health Department had already adopted as regulations. The State Health Department regulates Oklahoma’s medical marijuana program through the Oklahoma Medical Marijuana Authority (OMMA), an arm of State Health Department. The “Department” and “OMMA” are used interchangeably in this article to mean the same agency.
INSPECTIONS AND NOTICE REQUIREMENTS
The new law gives the OMMA authority to conduct inspections. However, the OMMA must give 24-hours notice to permit inspection during business hours or at a time of “apparent operation.” But, the agency doesn’t have to give the 24-hour notice if there is a “showing of necessity.”
WHAT CAN THE OMMA INSPECT?
Agents from the OMMA Can inspect:
- Marijuana equipment
- Marijuana accessories
- Books and records
- Marijuana, concentrate, or product
HOW OFTEN CAN THE OMMA CONDUCT AN INSPECTION?
Generally speaking, the OMMA can conduct inspections only twice per calendar year. However, it can conduct additional inspections if it shows that its necessary because of violations of the Oklahoma Medical Marijuana and Patient Protection Act.
RIGHT TO AN ATTORNEY BEFORE INSPECTION INTERVIEWS TAKE PLACE
Before conducting any interviews with a medical marijuana business, research facility or education facility, the OMMA must allow a licensee sufficient time to secure legal representation during such questioning if requested by the business or facility, or any of its agents or employees or contractors.
TYPES OF DISCIPLINARY ACTION AGAINST APPLICANTS AND LICENSEES
The new law also gives the OMMA authority to take disciplinary action against medical marijuana licensees.
The OMMA may take disciplinary action against an Oklahoma medical marijuana applicant or licensee for not adhering to the Oklahoma Medical Marijuana and Patient Protection Act.
Disciplinary actions may include:
- Suspension; or
- Denial of an application, license or final authorization; and
- Other action deemed appropriate by the Department. (Tulsa medical marijuana attorney Stephen Cale believes this last item is unconstitutional)
GROUNDS FOR DISCIPLINARY ACTION
The OMMA may take disciplinary action on a medical marijuana business licensee for:
- Failing to comply with or satisfy any provision of the Oklahoma Medical Marijuana and Patient Protection Act;
- Falsifying or misrepresenting any material or information submitted to the OMMA / Department;
- Impeding or not allowing a monitoring visit by authorized Department representatives;
- Failing to adhere to any acknowledgment, verification or other representation made to the Department;
- Failing to submit or disclose information required by law governing medical marijuana or otherwise requested by the Department;
- Failing to correct any violation of the Oklahoma Medical Marijuana and Patient Protection Act cited as a result of a review or audit of financial records or other materials;
- Failing to comply with requested access by the Department to the licensed premises or materials;
- Failing to pay a required monetary penalty;
- Diverting medical marijuana or any medical marijuana product, as determined by the Department;
- Threatening or harming a patient, a medical practitioner or
- an employee of the Department; and
- Any other basis as identified by the Department. (Tulsa Medical Marijuana Attorney Stephen Cale believes that this last ground is unconstitutional).
PENALTIES FOR PROHIBITED SALES
Disciplinary actions against a licensee may include the imposition of monetary penalties, which may be assessed by the Department.
Penalties for sales by a medical marijuana business to persons other than those allowed by law occurring within any two-year time period may include:
An initial fine of $1,000.00 for a first violation and;
A fine of $5,000.00 for any subsequent violation.
Also, the Department may revoke a medical marijuana business license if it shows that the violation was willful or grossly negligent.
WORKING WITH CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards. If you or someone you know has been charged with a crime or is looking for an attorney for an appeal, call the Cale Law Office at 918-771-7314. Your initial consultation is free.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He’s not new to cannabis law. He consistently stays abreast of the complex area of marijuana regulations and laws.
He has been serving people with legal needs for 20 years. So, you’ll be getting a Tulsa medical marijuana attorney with experience.
ttorney Stephen Cale has a passion for medical marijuana causes. He understands how people benefit from cannabis and wants to help them and marijuana businesses.
He has certification in marijuana horticulture. So, he is knowledgeable about the cannabis growing industry.