A handful of Oklahoma medical marijuana laws will take effect November 1, 2022, said Tulsa medical marijuana attorney Stephen Cale.
The following is for educational purposes and is not legal advice. Laws and regulatory rules change often. Consult an attorney if you need legal advice.
Here’s a summary some of the laws that will take effect Nov. 1st:
Business, Patient And Caregiver Licensees
SB 1367 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,” said Tulsa OMMA licensing attorney Stephen Cale.
The term ‘for value’ isn’t confined to money. It can be anything that has value, Cale said.
Read “New Law Strengthens Penalties For Marijuana Diversion” for more details.
OMMA Separating From The State Department Of Health
SB 1543 turns the Oklahoma Medical Marijuana Authority (OMMA) into an independent agency. The OMMA originally was set up as a division of the Oklahoma State Department of Health.
Rules / regulations that the State Health Department made regarding medical marijuana that are in effect as of Nov. 1st will be immediately adopted and enforced by the OMMA.
SB 1737 requires commercial growers who operate an outdoor marijuana farm to register with the Oklahoma Department of Agriculture, Food, and Forestry as an environmentally sensitive crop owner.
Registration must provide notice to commercial and private pesticide applicators of the locations of medical marijuana crops and help minimize the potential for damaging pesticide drift.
Medical marijuana commercial growers must provide their business name, address, Global Positioning System (GPS) coordinates for all outdoor medical marijuana production facilities, and any other information required by the Department when registering with the Environmentally Sensitive Area Registry.
See “How to Register Your Environmentally Sensitive Crop”
All Commercial Growers
SB 1737 also requires all growers to post a sign at the perimeter of the farm. Some of the requirements of the sign include that it:
- Be at least 18 by 24 inches;
- Be located at the perimeter of the grow property;
- Include the business name, physical address of the grow, business phone number, and license number; and
- Comply with county regulations and local ordinances.
See “Law Will Require Marijuana Growers to Post Signs” for more details on signage requirements and the consequences of not abiding by the new law.
Dispensaries | Labeling And Packaging
HB 3019 adjusts packaging standards by allowing clear packaging. The clear packaging must be child-resistant, Cale said. However, the law will require opaque exit packaging for carrying out of the dispensary.
The law defines “exit package” as “an opaque bag that is provided at the point of sale in which pre-packaged medical marijuana is placed.”
Also, labels must have the statement: “For use by licensed medical marijuana patients only” printed on it.
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.
We have helped numerous people set up marijuana businesses and acquire their OMMA dispensary, processor, and grower medical marijuana licenses. If you 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. We also represent people and businesses in OMMA and OBNDD matters.
Tulsa, Oklahoma, medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He also serves on the board of Green Country NORML, a Tulsa chapter of NORML. He also is a member of the Oklahoma Bar Association Cannabis Law Committee.