A new law will increase fines for unlawful transfers of marijuana by medical marijuana businesses, employees, or agents of the business. It also increases fines for patients and caregivers who unlawfully transfer marijuana “for value.” The law will go into effect Nov. 1, 2022, said Tulsa medical marijuana attorney Stephen Cale.
The following is for educational purposes and is not legal advice.
Sen. Lonnie Paxton (R-Tuttle), who authored SB 1367, said “I want to be very clear that we are going after the black-market medical marijuana industry and drug dealers with this bill – not college friends who are sharing marijuana product with no money exchanged.”
However, the new law does cover patients and caregivers who exchange marijuana, marijuana concentrate, or marijuana products “for value,” Cale said.
“The term ‘for value’ isn’t confined to money. It can be anything that has value,” said Tulsa medical marijuana attorney Stephen Cale.
FINES FOR MARIJUANA BUSINESSES, EMPLOYEES AND AGENTS
The law addresses penalties that the Oklahoma Medical Marijuana Authority (OMMA) may assess. The agency may fine marijuana businesses, their employees and agents for sales, purchases “or transfers for value” of medical marijuana “to persons other than those allowed by law.”
The penalty goes from the current fine of $1,000 for a first-time offense occurring within a two-year period, to a $5,000-fine for a first-time offense occurring with a one-year period. The fine for any violations after the first offense will increase from the current $5,000 fine to a $15,000 fine.
“For Value” Fines and Other Penalties For Patients and Caregivers
The OMMA may also revoke licenses and assess fines against patients and caregivers for exchanging marijuana, marijuana concentrate, or marijuana products “for value” to an “unauthorized person.”
“Basically, this deals with patients or caregivers who sell to unlicensed persons,” Tulsa medical marijuana attorney Stephen Cale said. “It entails sales for money or something else of value.”
The fine will go from the current $200 for a first offense to up to $400. The fine for a second offense will go from $500 to up to $1,000, and the OMMA must revoke the license of the offending patient or caregiver.
Not “For Value” Fines, No Criminal Prosecution | Three Gram Exception
The new law also addresses the penalty against anyone who shares less than three grams of marijuana with an “unauthorized” person without the transfer being “for value or other consideration,” said Cale.
Under that situation, the offender cannot be subject to criminal prosecution. Instead, the OMMA must assess a $400 fine.
The term “consideration” basically means something that is bargained for, Cale said. “If someone agrees to mow a person’s yard in exchange for marijuana, that’s an example of ‘consideration,’ he said.
Penalty For Transfer to Unauthorized Minors
The new law slightly changes statutory language about transferring marijuana, marijuana concentrate and marijuana product to an unauthorized minor. But the consequences remain the same, Cale said. This part of the law applies not only to patients and caregivers, but also to marijuana businesses and their employees.
However, the new law clarifies that the offender is subject to an administrative fine of $2,500 for the first offense. After the first offense, violators are subject to a fine of $5,000 and automatic revocation of their marijuana license.
Consequences For Not Paying A Fine
Under the current and new law, the OMMA may suspend or revoke a marijuana license for failure to pay a fine, Cale said.
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.
We have helped numerous people set up marijuana businesses and acquire their OMMA dispensary, processor, and grower medical marijuana 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. Or, contact us through the web. Your initial consultation is free.
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.
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.