It’s true. Being a bad actor can prevent you from getting or keeping an Oklahoma medical marijuana business license. But it has nothing to do with lackluster acting in B movies or TV shows, said Tulsa medical attorney Stephen Cale.
The following is not legal advice and does not form an attorney-client relationship. The content in this article is for informational purposes only. Laws and regulations change often. If you need legal advice, contact an attorney.
A bad actor is someone who is a troublemaker or law breaker. On its website, the Oklahoma Medical Marijuana Authority (OMMA) even uses the phrase “bad actor” in summarizing some of the emergency rules that went into effect November 1, 2021. Changes in the rules are based on 2021 legislation found in House Bills 2272 and 2646, plus Senate Bill 1033.
So, how can being a bad actor prevent you from getting or keeping an Oklahoma medical marijuana business license? Let’s take a look.
WHAT’S NEW WITH HB2646 | MANAGEMENT OR OPERATIONS RESPONSIBILITIES
New language to the law adds a category of persons who are disqualified from getting or keeping a medical marijuana business license. First, the bad actor must have been involved in the management or operations of a medical marijuana business after OMMA initiated a disciplinary action. Secondly, that person must have had a medical marijuana license revoked, not renewed, or surrendered during the five (5) years preceding submission of the license application AND for the following violations:
- Unlawful sales or purchases;
- Any fraudulent acts, falsification of records or misrepresentation to the OMMA, medical marijuana patient licensees, caregiver licensees or medical marijuana business licensees;
- Any grossly inaccurate or fraudulent reporting;
- Threatening or harming any medical marijuana patient, caregiver, medical practitioner or OMMA employee;
- Knowingly or intentionally refusing to permit the Department access to premises or records,
- Using a prohibited, hazardous substance for processing in a residential area;
- Criminal acts relating to the operation of a medical marijuana business; OR
- Any violations “that endanger public health and safety or product safety.”
REGARDLESS OF OF MANAGEMENT OR OPERATIONS RESPONSIBILITIES | PRE-HB2646 DISQUALIFICATIONS STILL THE LAW
HB2646 kept intact other bad actor disqualifications, Tulsa medical marijuana attorney Stephen Cale said. For example, a medical marijuana business license cannot be issued to, or held by:
A person who has been convicted of a nonviolent felony within two (2) years of the date of application, or within five (5) years for any other felony (also known as a violent felony).
OTHER GROUNDS FOR DISQUALIFICATION
For a full list of things that will keep a person from getting or keeping an Oklahoma medical marijuana business license, see Title 63, Section 427.14(H).
WORKING WITH THE CALE LAW OFFICE
Tulsa medical marijuana attorney Stephen Cale is the founder of Cale Law Office, located in Tulsa, Oklahoma. He has been serving people with legal needs for more than 22 years.
Medical marijuana attorney Stephen Cale works with a number of marijuana-related organizations. He is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). Additionally, he serves on the board of Green Country NORML, a Tulsa chapter of NORML. He also serves as a board member for, and is on the Standard Operating Procedures steering committee for, OK4U Approved, a medical marijuana patient union and trade organization.
The Cale Law Office has helped numerous people acquire their commercial medical marijuana dispensary, processor, and grower licenses. 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. Your initial consultation is free. Or, contact us through the web.