New law has created a briar patch for those seeking or renewing a commercial Oklahoma medical marijuana license. And, one of its thorns is a required “Certificate of Compliance,” said Tulsa medical marijuana attorney Stephen Cale.
But, there is a way to get a medical marijuana business license without the Certificate of Compliance – at least temporarily, Cale said.
The following is for educational purposes only, does not contain complete details, and is not legal advice. If you need a commercial medical marijuana license, compliance auditing, or representation in the Oklahoma medical marijuana field, call the Cale Law Office at 918-771-7314. Or contact us through the web.
THE CERTIFICATE OF COMPLIANCE | WHAT IT IS
A provision of the new Oklahoma Medical Marijuana and Patient Protection Act gave birth to the Certificate of Compliance. Specifically, the provision provides that a medical marijuana business license “shall not be issued until all relevant local licenses and permits have been issued by the municipality, including but not limited to an occupancy permit or certificate of compliance.”
The State Legislature’s Senate Bill 1030 (2019), now Title 63, Section 427 of the Oklahoma Statues, also created a Certificate of Compliance requirement. Under this law, the certificate must certify “compliance with zoning classifications, applicable municipal ordinances and all applicable safety, electrical, fire, plumbing, waste, construction and building specification codes.”
New emergency State Health Department rules require a Certificate of Compliance as a part of a medical marijuana business license, said Tulsa medical marijuana attorney Stephen Cale.
GETTING A MEDICAL MARIJUANA BUSINESS LICENSE WITHOUT THE CERTIFICATE – AND THE CATCH
Despite that rule and the statutes mentioned above, there is another provision of law that addresses getting a medical marijuana business license without a Certificate of Compliance – at least temporarily.
Part of the Oklahoma Medical Marijuana and Patient Protection Act provides that if an applicant “has not received the necessary permits, certificates or licenses from a municipality”, but has “fulfilled all other obligations required by this act, the [Oklahoma Medical Marijuana Authority] shall grant a conditional license.”
The statutory law goes on to state: “A conditional license shall remain valid for a period of one (1) year or until the applicant obtains the necessary local permits, certificates or licenses.”
But, here’s the catch as further stated in the law: “An applicant shall not transfer any medical marijuana, concentrate or products to a medical marijuana business, patient or caregiver until approval is received from the Authority.”
BUT WHAT IF YOU’RE NOT IN A CITY OR TOWN
As you’ve read, the statutes mentioned above talk about “municipal,” or “municipality. So, what if your business, or where you want to operate it, is outside city or town limits?
Title 63, Section 427 of the Oklahoma Statutes states that the Certificate of Compliance must come from the “political subdivision where the facility of the applicant or use is to be located certifying compliance with zoning classifications, applicable municipal ordinances and all applicable safety, electrical, fire, plumbing, waste, construction and building specification codes.” (emphasis added). “Political subdivision” means any county or municipal government.
So, if you’re not within a city or town, you’ll need to get a Certificate of Compliance (eventually) from the county government that your medical marijuana business is located in, or where you will establish it.
WORKING WITH CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of medical marijuana law and criminal defense. 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 needs legal representation or consultation in the Oklahoma medical marijuana field, call the Cale Law Office at 918-771-7314. Your initial consultation is free.
We also offer compliance auditing services. Call us at 918-771-7314 to learn more.
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 is also a board member for Green Country NORML, headquartered in Tulsa. Attorney Cale 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.