The Oklahoma Legislature may do away with the required Certificate of Compliance for medical marijuana business licenses this year, said Tulsa medical marijuana attorney Stephen Cale.
Rep. Scott Fetgatter (R-Okmulgee) introduced HB 3954 on January 15th. In addition to getting rid of the Certificate of Compliance requirement, the bill also:
- Determines how the distance from a dispensary to a private or public school is to be measured; and
- Changes packaging requirements for medical marijuana and marijuana products.
WHAT IS A CERTIFICATE OF COMPLIANCE?
Last year, the State Legislature enacted the Oklahoma Medical Marijuana and Patient Protection Act. A provision of this act gave birth to the Certificate of Compliance. Specifically, the provision (Title 63, Section 427.14) 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.”
Another provision in the act (Title 63, Section 427) 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 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.
WHAT HB 3954 DOESN’T DO
Even if the Certificate of Compliance goes away, medical marijuana business license applicants will still need to be aware of zoning, fire, building and other codes. HB 3954 does not eliminate a city or county’s ability to require compliance with those codes, Cale said. The certificate just won’t be a requirement for a medical marijuana business license.
WORKING WITH THE 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.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). 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 more than 20 years.