A new law will add transportation requirements for Oklahoma medical marijuana businesses and transporters, said Tulsa medical marijuana attorney Stephen Cale.
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 or for personal use, contact Tulsa medical marijuana attorney Stephen Cale at 918-771-7314. The Cale Law Office offers a free initial consultation.
The Oklahoma Medical Marijuana and Patient Protection Act (House Bill 2612) adds transportation requirements to existing law. The Act is commonly referred to as the Unity Bill. 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 adjourns on that date, the law will take effect on Aug. 29, 2019.
WHO MUST GET A TRANSPORTATION LICENSE
The new law requires a transportation license “for any person or
entity to transport or transfer medical marijuana, concentrate or product from a licensed medical marijuana business to another medical marijuana business, or from a medical marijuana business to a medical marijuana research facility or medical marijuana education facility.”
Medical marijuana growers, dispensaries and processors will still automatically get a transportation license, said Tulsa medical marijuana attorney Stephen Cale.
Some businesses want to just transport marijuana without being involved in growing, dispensing or processing. So, the Oklahoma Medical Marijuana and Patient Protection Act provides for a transportation license to “provide logistics, distribution and storage of medical marijuana, medical marijuana concentrate and medical marijuana products.” Also, the new law specifically states that transporters may contract with multiple marijuana businesses.
HOW LONG IS THE LICENSE GOOD FOR?
Like other commercial medical marijuana licenses, the transportation license is good for one year.
LIABILITY IMPOSED ON TRANSPORTER
Under the new law, the transporter is “responsible for all medical marijuana, concentrate and products once the transporter takes control of the product.”
TRACKING SYSTEM | MANIFESTS | DUTIES OF TRANSPORTER & RECEIVING BUSINESS
Transporters must use the seed to-sale tracking system developed under the new law to create shipping manifests that document the transport of medical marijuana, concentrate and products throughout the state, said Tulsa medical marijuana attorney Stephen Cale.
Before transporting any medical marijuana or products, an inventory manifest must be prepared at the origination point of medical marijuana. The inventory manifest must include the following information:
For the origination point of the medical marijuana:
a. the licensee number for the commercial grower, processor or dispensary;
b. address of origination of transport; and
c. name and contact information for the originating licensee;
For the end recipient license holder of the medical marijuana:
a. the license number for the dispensary, commercial grower, processor, research facility or education facility destination;
b. address of the destination; and
c. name and contact information for the destination licensee;
Quantities by weight or unit of each type of medical marijuana product contained in transport;
The date of the transport and the approximate time of departure;
The arrival date and estimated time of arrival;
Printed names and signatures of the personnel accompanying the transport; and
Notation of the transporting licensee.
Additionally, a separate inventory manifest must be prepared for each licensee receiving the medical marijuana.
The transporter agent must provide the other medical marijuana business with a copy of the inventory manifest: a) at the time the product changes hands; AND b) the other licensee prints his or her name and signs the inventory manifest.
ALTERATION OF MANIFEST
An inventory manifest cannot be altered after departing the originating premises other than in cases where the printed name and signature of receipt by the receiving licensee is necessary.
NO MANIFEST MEANS NO MARIJUANA DELIVERY
A receiving licensee must refuse to accept any medical marijuana or product that is not accompanied by an inventory manifest.
MAINTAINING COPIES OF MANIFESTS
Originating and receiving licensees must maintain copies of inventory manifests and logs of quantities of medical marijuana received for three years from the date of receipt.
OTHER TRANSPORTATION REQUIREMENTS
Medical marijuana, concentrate and product must be transported:
- In vehicles with Global Positioning System (GPS) trackers.
- In a locked container and clearly labeled “Medical Marijuana or Derivative.”
- In a secured area of the vehicle that is not accessible by the driver during transit.
REQUIREMENTS FOR TRANSPORTATION VEHICLES
Vehicles used in the transport of medical marijuana or
medical marijuana product must be:
1. Insured at or above the legal requirements in Oklahoma;
2. Capable of securing medical marijuana during transport; and
3. In possession of a shipping container as defined in the Oklahoma Medical Marijuana and Patient Protection Act capable of securing all transported product.
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.
See a list of our medical marijuana business legal and auditing services. For your legal needs, 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) and has certification in marijuana horticulture. He has been serving people with legal needs for 20 years.