Oklahoma § 63-421 - Medical marijuana dispensary license application – Fee –

§ 63-421. Medical marijuana dispensary license application – Fee –

Criteria for license – Monthly sales report.

A. The Oklahoma Medical Marijuana Authority shall make

available on its website in an easy-to-find location an application

for a medical marijuana dispensary license. The application fee to

be paid by the applicant shall be in the amounts provided for in

Section 427.14 of this title. A method of payment for the

application fee shall be provided on the website of the Authority.

Dispensary applicants must all be residents of Oklahoma. Any entity

applying for a dispensary license must be owned by a resident of

this state and must be registered to do business in this state. The

Authority shall have ninety (90) business days to review the

application; approve, reject, or deny the application; and send the

approval, rejection, or denial letter stating reasons for the

rejection or denial to the applicant in the same method the

application was submitted to the Authority.

B. The Authority shall approve all applications which meet the

following criteria:

1. The applicant must be twenty-five (25) years of age or

older;

2. The applicant, if applying as an individual, must show

residency in this state;

3. All applying entities must show that all members, managers,

and board members are residents of this state;

4. An applying entity may show ownership of nonstate residents,

but that percentage ownership may not exceed twenty-five percent

(25%);

Oklahoma Statutes - Title 63. Public Health and Safety

5. All applying individuals or entities must be registered to

conduct business in this state; and

6. All applicants must disclose all ownership interests in the

dispensary.

Applicants with a nonviolent felony conviction in the last two

(2) years, any other felony conviction in the last five (5) years,

inmates in the custody of the Department of Corrections or any

person currently incarcerated shall not qualify for a medical

marijuana dispensary license.

C. Licensed medical marijuana dispensaries shall be required to

complete a monthly sales report to the Authority. This report shall

be due on the fifteenth of each month and provide reporting on the

previous month. This report shall detail the weight of marijuana

purchased at wholesale and the weight of marijuana sold to licensed

medical marijuana patients and licensed caregivers and account for

any waste. The report shall show total sales in dollars, tax

collected in dollars, and tax due in dollars. The Authority shall

have oversight and auditing responsibilities to ensure that all

marijuana being grown is accounted for.

D. Only a licensed medical marijuana dispensary may conduct

retail sales of marijuana or marijuana derivatives. Beginning on

November 1, 2021, licensed medical marijuana dispensaries shall be

authorized to package and sell pre-rolled marijuana to licensed

medical marijuana patients and licensed caregivers. The products

described in this subsection shall contain only the ground parts of

the marijuana plant and shall not include marijuana concentrates or

derivatives. The total net weight of each pre-roll packaged and

sold by a medical marijuana dispensary shall not exceed one (1)

gram. These products shall be tested, packaged and labeled in

accordance with state law and rules promulgated by the Executive

Director of the Oklahoma Medical Marijuana Authority.

E. No medical marijuana dispensary shall offer or allow a

medical marijuana patient licensee, caregiver licensee or other

member of the public to handle or otherwise have physical contact

with any medical marijuana not contained in a sealed or separate

package. Provided, such prohibition shall not preclude an employee

of the medical marijuana dispensary from handling loose or

nonpackaged medical marijuana to be placed in packaging consistent

with the Oklahoma Medical Marijuana and Patient Protection Act and

the rules promulgated by the Executive Director for the packaging of

medical marijuana for retail sale. Provided, further, such

prohibition shall not prevent a medical marijuana dispensary from

displaying samples of its medical marijuana in separate display

cases, jars or other containers and allowing medical marijuana

patient licensees and caregiver licensees the ability to handle or

smell the various samples as long as the sample medical marijuana is

used for display purposes only and is not offered for retail sale.

Oklahoma Statutes - Title 63. Public Health and Safety

Added by Section 2, State Question No. 788, Initiative Petition No.

412, adopted at election held June 26, 2018, eff. July 26, 2018.

Amended by Laws 2021, c. 553, § 2, eff. Nov. 1, 2021; Laws 2022, c.

332, § 1, eff. June 1, 2023; Laws 2023, c. 322, § 1, emerg. eff.

June 1, 2023; Laws 2024, c. 182, § 4, emerg. eff. April 26, 2024.