A State bill would eliminate the durational residency requirement for transporter agents and reduce the fee for them, said Tulsa medical marijuana attorney Stephen Cale. The bill also eliminates the GPS tracker requirement for transportation vehicles.
Rep. Scott Fetgatter (R-Okmulgee) introduced his HB 3956 on Jan. 12th. Fetgatter has also introduced several other pro-marijuana industry bills.
WHAT IS A TRANSPORTER AGENT?
During the 2019 legislative session, Oklahoma lawmakers passed the Oklahoma Medical Marijuana and Patient Protection Act (House Bill 2612). Part of the act created a transporter agent license.
Under the law, a “transporter agent” as a person who holds a transporter agent license and transports medical marijuana or medical marijuana products for a licensed transporter.
WHAT IS THE TRANSPORTER AGENT LICENSE?
The transportation agent license qualifies an agent, employee, officer or owner of a transportation license to transport medical marijuana or product.
A transporter agent may possess marijuana at any location while the agent is transferring marijuana to or from a licensed medical marijuana business, medical marijuana research facility or medical marijuana education facility.
PROPOSED CHANGES WITH HB 3956
Currently, the law has a “durational residency” requirement like that of other commercial marijuana licenses. Applicants for a commercial license and the transporter agent license must show that they’ve lived in Oklahoma for a certain period of time. That time period is either: 1) At least two years “immediately preceding” the license application submission date; or 2) five consecutive years in the last 25 years.
This durational residency requirement is unconstitutional according to Tulsa medical marijuana attorney Stephen Cale. See U.S. Supreme Court Case Could Void Residency Requirement For Oklahoma Commercial Medical Marijuana Licenses. However, no one has yet challenged the law. If passed into law, HB 3956 would:
- Eliminate the two-year/five-year Oklahoma residency requirement;
- Lower the transporter agent license fee from $100.00 to $25.00; and
- Eliminate the requirement that transportation vehicles be equipped with Global Positioning System (GPS) trackers.
WHAT ARE THE CURRENT QUALIFICATIONS FOR A TRANSPORTATION AGENT LICENSE?
The Oklahoma Medical Marijuana Authority must issue each transporter agent a registry identification card within thirty (30) days of receipt of:
1. The name, address and date of birth of the person;
2. Proof of residency as required for a medical marijuana
business license (HB 3956 will do away with this if passed into law);
3. Proof of identity as required for a medical marijuana
4. Proof of a valid Oklahoma driver license;
5. Verification of employment with a licensed transporter;
6. The application and affiliated fee; and
7. A criminal background check conducted by the Oklahoma State
Bureau of Investigation, paid for by the applicant.
HOW LONG IS A TRANSPORTATION AGENT LICENSE GOOD FOR?
The identification card for a transporter agent expires in two ways. The first way is one year after the date it’s issued. The second way is when the holder of the transporter license notifies the Oklahoma Medical Marijuana Authority that the transporter agent no longer works as a transporter.
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 want a medical marijuana business license, marijuana compliance auditing, or need legal representation in the Oklahoma medical marijuana industry, call the Cale Law Office at 918-771-7314. Or, contact us through the web. 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 has been serving people with legal needs for more than 20 years.
He also serves on the board of Green Country NORML, a Tulsa chapter of NORML.