MMJ Ordinance New Proposal

MEDICAL MARIJUANA CONTROL ORDINANCE
TABLE OF CONTENTS
SUBCHAPTER 1 - GENERAL PROVISIONS ....................................................................................... 4

Section 1-1, Short Title .......................................................................................................................... 4
Section 1-2, Findings and Purpose ..................................................................................................... 4
Section 1-3, Regulatory Program Established ................................................................................... 4
Section 1-4, Definitions ......................................................................................................................... 5
Section 1-5, Proof of Residency .......................................................................................................... 9
Section 1-6, Proof of Identity ................................................................................................................ 9
Section 1-7, Applicant Photograph ...................................................................................................... 9
Section 1-8, Recommending Physician Standards ......................................................................... 10
SUBCHAPTER 2 – PROHIBITED ACTS, AFFIRMATIVE DEFENSES & REVOCATION ........... 11
Section 2-1, Exemption from Prosecution for Certain Acts ........................................................... 11
Section 2-2, No Exemption from Prosecution for Certain Acts ..................................................... 12
Section 2-3, Medical Marijuana Patient Rights ................................................................................ 12
Section 2-4, Commercial Medical Marijuana Businesses Rights ................................................. 13
Section 2-5, Minors .............................................................................................................................. 13
Section 2-6, Deleterious Outcomes ................................................................................................... 13
Section 2-7, Revocation of Past Crimes ........................................................................................... 13
SUBCHAPTER 3 – MEDICAL MARIJUANA LICENSES AND IDENTIFICATION CARDS ......... 14
Section 3-1, Medical Marijuana Business License; Operating Fee .............................................. 14
Section 3-2, Application for Medical Marijuana Patient License ................................................... 14
Section 3-3, Application for Patient License for Persons Under Age Eighteen (18) ................. 15
Section 3-4, Application for Caregiver’s License ............................................................................. 16
Section 3-6, Withdrawal of a Caregiver’s Authorization ................................................................. 17
Section 3-7, Application for Temporary Patient License ................................................................ 17
Section 3-8, Term and Renewal of Medical Marijuana Patient and Caregiver’s License ......... 18
Section 3-9, Information Contained on Patient and Caregiver License ....................................... 19
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Section 3-10, Medical Marijuana License Verification System ..................................................... 19

Section 3-11, Grounds for sanctions for Medical Marijuana Patient License ............................. 19
Section 3-12, Restrictions on Smokable Medical Marijuana and Medical Marijuana Products 20
Section 3-13, Variance to Medical Marijuana Patient License ...................................................... 20
Section 3-14, Medical Marijuana Employee License Requirements ............................................ 22
Section 3-15, Medical Marijuana Employee License Term, Renewals and Fees ...................... 22
Section 3-16, Medical Marijuana Employee License Grounds for Denial ................................... 23
Section 3-17, Medical Marijuana Employee License Reconsideration of Denial ....................... 23
Section 3-18, Medical Marijuana Employee License Suspension ................................................ 23
Section 3-19, Medical Marijuana Employee License Reinstatement ........................................... 24
SUBCHAPTER 4 – CULTIVATION / PROCESSING MEDICAL MARIJUANA .............................. 24
Section 4-1, Cultivation or Grow Facility Operating Procedures ................................................... 24
Section 4-2, Special Guidelines for Hydroponics ............................................................................ 25
Section 4-3, Processing Facility Operating Procedures ................................................................. 26
Section 4-4, Quality Assurance; Adulteration Prohibited ............................................................... 26
Section 4-5, Precautions and Specific Requirements .................................................................... 27
Section 4-6, Food Safety Course ....................................................................................................... 29
Section 4-7, Medical Marijuana Concentrates ................................................................................. 30
SUBCHAPTER 5 – DISTRIBUTING MEDICAL MARIJUANA .......................................................... 32
Section 5-1, Dispensing Medical Marijuana ..................................................................................... 32
Section 5-2, Distribution Facility or Dispensary Operating Procedures ....................................... 33
Section 5-3, Access and Purchasing ................................................................................................ 34
Section 5-4, Duties of Distribution Facility ........................................................................................ 34
Section 5-5, Precautions and Specific Requirements .................................................................... 35
Section 5-6, Packaging ....................................................................................................................... 35
SUBCHAPTER 6 – TRANSPORTATION OF MEDICAL MARIJUANA ........................................... 36
Section 6-1, License for Transportation of Medical Marijuana ...................................................... 36
Section 6-2, Requirements for Transportation of Marijuana .......................................................... 37
SUBCHAPTER 7 – MEDICAL RESEARCH LICENSE ...................................................................... 38
Section 7-1, Purpose ............................................................................................................................... 38
Section 7-2, Standards ............................................................................................................................ 38

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SUBCHAPTER 8 – SECURITY, SITE MANAGEMENT AND INVENTORY CONTROL .............. 43

Section 8-1, Security and Site Management .................................................................................... 43
Section 8-2, Inventory Control System ............................................................................................. 43
Section 8-3, Training ............................................................................................................................ 43
SUBCHAPTER 9 – HOME GROW ........................................................................................................ 44
Section 9-1, Growing Personal Medical Marijuana ......................................................................... 44
SUBCHAPTER 10 – TESTING .............................................................................................................. 44

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SUBCHAPTER 1 - GENERAL PROVISIONS
Section 1-1, Short Title
This Chapter may be cited as the Oklahoma Medical Marijuana Control Ordinance.
Section 1-2, Findings and Purpose
(a) The purpose of this chapter is to ensure the health and safety of all Oklahomans and
provide reasonable and orderly regulation of medical marijuana as authorized by the
lawful passage of State Question 788. Only the powers enumerated under this
Chapter shall be proper. Any power not specifically enumerated is prohibited.
(b) This Chapter shall govern the cultivation/processing/distribution of medical

marijuana and will increase the ability of Oklahoma State Health Department to
manage the possession and consumption of marijuana in the State of Oklahoma.
(c) Regulation of the possession, consumption, cultivation, processing and distribution

of marijuana within the confines of the State of Oklahoma is necessary to protect the
health, security, and general welfare of the Oklahoma community, and to address
Oklahomans concerns relating to use of marijuana in the State of Oklahoma. This
Chapter shall be liberally construed to fulfill the purposes for which it has been
adopted.
Section 1-3, Regulatory Program Established
(a) All license applications, inquiries, and other correspondence shall be directly
received, processed, and regulated by the Oklahoma State Department of Health
or its designee.
(b) All applications provided for under this chapter are available on the Oklahoma
State Department of Health website at http://www.ok.gov/health and must be
submitted to the Department through the website. All approval and rejection
letters shall be sent to the applicant through U.S. Mail.

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Section 1-4, Definitions
The following words and terms, when used in this Chapter, shall have the following
meaning, unless the context clearly indicates otherwise:
“Acquire” or Acquisition” means coming to possess marijuana by means of any legal

source herein authorized, not from an unauthorized source, and in accordance with Title
63 O.S.§ 420 et seq. and the rules of this Chapter.
"Applicant" means the natural person in whose name a license would be issued or any
entity:
(a) the natural person represents; or
(b) on whose behalf the application is being submitted.
“Caregiver” means an Oklahoma Medical Marijuana Patient or a parent of a Minor

Oklahoma Medical Marijuana Patient that helps another Medical Marijuana Patient with
obtaining Medical Marijuana.
"Cannabidiol ("CBD")" is a cannabinoid and a nonpsychoactive ingredient found in

marijuana, Chemical Abstracts Service Number 13956-29-1.
"Cannabinoid" means any of the chemical compounds that are the active constituents
of marijuana.
"CBDA" means cannabidiolic acid, Chemical Abstracts Service Number 1244-58-2.
"Commercial Establishment" ("Establishment") means an entity licensed under this

chapter as a medical marijuana dispensary, grower, processor or researcher.
"Commercial License" means a license issued to a medical marijuana dispensary,
"Control Number" means the tracking number issued with a license to purchase
medical marijuana.
"Department" means the Oklahoma State Department of Health or its agent or

designee.
“Digital Verification” means the use of documents in digital form for verification
required with this Chapter.
"Dispense" means the selling of medical marijuana or a medical marijuana product to a

qualified patient or the patient's designated caregiver that is packaged in a suitable
container appropriately labeled for subsequent administration to or use by a qualifying
patient.

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"Dispensary" means an entity that has been licensed by the Department pursuant to
Title 63 O.S. § 421 and this Chapter, which allows the entity to purchase medical
marijuana from a processer licensee or grower licensee and sell medical marijuana only
to qualified patients and caregivers.
"Domicile" means a person's true, fixed, primary permanent home and place of
habitation and the tax parcel on which it is located. It is the place where the person
intends to remain and to which the person expects to return when the person leaves
without intending to establish a new domicile elsewhere.
"Entity" means an individual, general partnership, a limited partnership, a limited

liability company, a trust, an estate, an association, a corporation or any other legal or
commercial entity.
"Grower" or "Commercial Grower" means an entity that has been licensed by the
Department pursuant to Title 63 O.S. § 422, which allows the entity to grow, harvest,
and package medical marijuana according to this chapter for the purpose of selling
medical marijuana to a dispensary, processor or researcher.
"Licensee" means any natural born person or entity that holds a marijuana business
license provided for in this chapter.
"Manufacture" means the process of converting harvested plant material into medical
marijuana concentrate by physical or chemical means for use as an ingredient in a
medical marijuana product.
"Marijuana" means all parts of a plant of the genus cannabis, whether growing or not;
the seeds of a plant of that type; the resin extracted from a part of a plant of that type;
and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of
that type or of its seeds or resin. "Marijuana" does not include the mature stalks of the
plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or
any other compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the
sterilized seed of the plant that is incapable of germination.
"Mature Plant" means harvestable marijuana plant that is flowering. Mature Plants
are not authorized under this section prior to sixty (60) days after the enactment of Title
63 O.S. § 420, et. seq.
"Medical Marijuana" means marijuana that is grown, processed, dispensed, tested,

possessed, or used for a medical purpose.
"Medical Marijuana Concentrate ("concentrate")" means a substance obtained by

separating cannabinoids from any part of the marijuana plant by physical or chemical
means, so as to deliver a product with a cannabinoid concentration greater than the raw

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plant material from which it is derived, intended to be refined for use as an ingredient in
a medical marijuana product and not for administration to a qualified patient.
."Medical Marijuana Bi-product" means unused, surplus, returned marijuana; recalled

marijuana; unused marijuana; plant debris of the plant of the genus cannabis, including
dead plants and all unused plant parts and roots; and any wastewater generated during
growing and processing;
“Medical Marijuana Product” means a product that contains cannabinoids that have
been extracted from plant material or the resin therefrom by physical or chemical means
and is intended for administration to a qualified patient, including but not limited to oils,
tinctures, edibles, and patches.
"Oklahoma Resident ("Resident")" means an individual who maintains his or her

domicile in the State of Oklahoma.
"Out-of-State medical marijuana license" means an unexpired medical marijuana

patient license issued by another U.S. state, which is the substantial equivalent of the
Oklahoma medical marijuana patient license issued pursuant to this Chapter.
"Owners" and "Ownership interest" means:

a. All shareholders owning ten percent (10%) or more of a corporate entity and all
officers of a corporate entity;
b. All partners of a general partnership;
c. All general partners and all limited partners that own ten percent (10%) or more
of a limited partnership;
d. All members that own ten percent (10%) or more of a limited liability company;
e. All beneficiaries that hold a ten percent (10%) or more beneficial interest in a
trust and all trustees of the trust;(F) All persons or entities that own a ten percent
(10%) or more interest in a joint venture;
f. All persons or entities that own a ten percent (10%) or more interest in an
association;
g. The owners holding a ten percent (10%) or more interest of any other type of
legal entity; or
h. Any other person holding at least a ten percent (10%) interest in any entity which
owns, operates, or manages a commercial facility.
"Package" or "Packaging" means any container or wrapper that a grower or processer

may use for enclosing or containing medical marijuana.
"Patient" or "Qualified patient" means a person that has been properly issued a
medical marijuana license pursuant to Title 63 O.S. §420 et seq. and these rules.
"Physician" means an Oklahoman Board Certified Physician who holds a valid,

unrestricted and existing license to practice in the State of Oklahoma. Any Physician,
before making a recommendation for medical marijuana or medical marijuana products
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under these provisions, shall be in “good standing” with their licensure board and must
have completed appropriate CEU level training either from industry or from state
resources on recommending medical marijuana.
"Principal Officer" means the governing person(s) of a given entity, including but not
limited to: Limited Liability Company (LLC) member/manager, president, vice president,
secretary, treasurer, CEO, director, partner, general partner, limited partner.
"Processor" means an entity that has been licensed by the Department pursuant to
Title 63 O.S. § 423, which allows the entity to: purchase marijuana from a commercial
grower; prepare, manufacture, package, sell to and deliver medical marijuana products
to a dispensary licensee or other processor licensee; and may process marijuana
received from a qualified patient into a medical marijuana concentrate, for a fee.
"Process Lot" means any amount of cannabinoid concentrate of the same type and
processed at the same time using the same extraction methods, standard operating
procedures and from the same batch or batches of harvested marijuana.
"Retailer" as used in Title 63 O.S. § 420 et seq. means a dispensary.
"Resident" means a person who is domiciled in the State of Oklahoma.
"Revocation" means the Department’s final decision that any license issued pursuant
to this Chapter is rescinded because the individual or entity does not comply with the
applicable requirements in this Chapter.
“Seedling" means a marijuana plant that has no flowers.
"State Question" means Oklahoma State Question No. 788 and Initiative Petition
Number 412.
“Testing Laboratory” or “Independent Testing Laboratory” means any facility,

entity, or site that offer or performs tests of medical cannabis or products containing
medical cannabis.
"Tetrahydrocannabinol content" or "THC content" means the sum of the amount of

THC
"Tetrahydrocannabinol (THC)" is a cannabinoid that is the primary psychoactive

ingredient in usable marijuana.
"THCA" means tetrahydrocannabinolic acid, Chemical Abstracts Service Number

23978-85-0.
"Universal Symbol" means the image, established by the Department and made
available to licensees indicating the package contains marijuana.
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Section 1-5, Proof of Residency
Sufficient documentation of proof of residency shall include one the following:
(a) An unexpired Oklahoma issued driver’s license;
(b) An Oklahoma voter identification card;
(c) A utility bill for the calendar month preceding the date application, excluding
cellular telephone and internet bills;
(d) A residential property deed to property in the State Oklahoma; or
(e) A current rental agreement for residential property located the State of Oklahoma.
Section 1-6, Proof of Identity
Applicants shall establish their identity through submission of a color copy or digital
image of one of the following unexpired documents:
(a) Front and back of an Oklahoma Driver’s License;
(b) Front and back of an Oklahoma Identification Card;
(c) A United States Passport or other photo identification issued by the United States
government;
(d) Certified copy of the applicant’s birth certificate for minor applicants who do not
possess a document listed in subsections (1), (2), or (3); or
(e) A tribal identification card issued by either the Cherokee Nation, the Choctaw
Nation, or the Creek-Muscogee Nation.
Section 1-7, Applicant Photograph
The digital photograph to be submitted with an application shall:
(a) Be a clear, color photograph of the head and top of the shoulders;
(b) Be an image file in a .jpg, .png or .gif digital image format no larger than 3 MB in
size;
(c) Be in one of the following approved formats:

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(1) A scanned photograph shall be scanned at a resolution of 300 pixels per inch
from a 2 x 2 inch image with dimensions in a square aspect ratio (the height
must be equal to the width).
(2) A captured image must have minimum acceptable pixel dimensions of 600 x
600 pixels and maximum acceptable pixel dimensions of 1200 x 1200 pixels.
(d) Be taken within the last six (6) months to reflect the applicant’s appearance;
(e) Be taken in front of a plain white or off-white background;
(f) Be taken in full-face view directly facing the camera at eye level with nothing
obscuring the face, such as a hat or eyewear;
(1) If a hat or head covering is worn for religious purposes, submit a signed
statement that verifies the hat or head covering in the photo is part of
recognized, traditional religious attire that is customarily or required to be worn
continuously in public.
(2) If a hat or head covering is worn for medical purposes, submit a signed doctor's
statement verifying the hat or head covering in the photo is used daily for
medical purposes.
(3) Your full face must be visible and your hat or head covering cannot obscure
your hairline or cast shadows on your face.
(g) Be taken with a neutral facial expression (preferred) or a natural smile with the
mouth closed, and with both eyes open;
(h) Not be digitally enhanced or altered to change the appearance in any way; and
(i) Sufficiently resemble the photograph included in any identification provided for
proof of identity or residence.
Section 1-8, Recommending Physician Standards
(a) Accepted standards a reasonable and prudent physician shall follow when
recommending medical marijuana to a patient include the following:
(1) Establishment of a bona fide physician-patient relationship in which physician

has ongoing responsibility for the assessment, care and treatment of a patient’s
medical condition or an aspect of the patient’s medical condition;
(2) Documentation of an in-person medically reasonable assessment of the

patient’s medical history and current medical condition including physical
examination within the past 30 days;

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(3) Diagnosis of a medical condition which, in the physician’s opinion, the qualifying
patient is likely to receive therapeutic or palliative benefit from the medical use
of marijuana to treat or alleviate the medical condition.
(4) Discussion of the use of the recommended medical marijuana product.
(5) Maintenance of accurate and available medical records.
(6) Physicians are prohibited from issuing a recommendation for approval of a

patient license to themselves.
(7) A physician who recommends use of medical marijuana shall not:
(A) Accept, solicit, or offer any form of pecuniary remuneration from or to a

caregiver, dispensary, processor, or commercial grower;
(B) Offer a discount or any other thing of value to a patient who uses or agrees
to use a particular caregiver or dispensary;
(8) Patients under the care of a pain management doctor and who are also a
medical marijuana patient cannot be discriminated for testing positive for THC.
SUBCHAPTER 2 – PROHIBITED ACTS, AFFIRMATIVE DEFENSES & REVOCATION
Section 2-1, Exemption from Prosecution for Certain Acts
(a) A Person who holds a valid Medical Marijuana Patient License is exempt from
prosecution or civil penalty in the city, county, or state of Oklahoma Court systems
for:
(1) Possession, delivery, or production of marijuana.
(2) Aiding and abetting another holder of a valid Medical Marijuana Patient
License in the possession, delivery, or production of marijuana.
(3) Any other criminal offense in which the possession, delivery, or production of
marijuana is an element.
(b) No person may be subject to prosecution of civil penalty in the city, county, or state
of Oklahoma Court systems for constructive possession, conspiracy or any other
criminal offense solely for being in the presence or vicinity of the use of marijuana
in accordance with the provisions of this Chapter.
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(c) No employee of a medical marijuana business shall be subject to prosecution of

civil penalty in the city, county, or state of Oklahoma Court systems for the
cultivation, production or distribution of marijuana in accordance with this Chapter.
(d) Any device for the consumption of medical marijuana shall be legal to be sold,
manufactured, distributed, and possessed.
(e) No merchant, wholesaler, manufacture or individual may be unduly harassed or

prosecuted for selling, manufacturing or possessing marijuana paraphernalia.
Section 2-2, No Exemption from Prosecution for Certain Acts
A person who holds a valid Medical Marijuana Patient License is not exempt from
prosecution or civil penalty in the city, county, or state of Oklahoma Court systems for:
(1) Driving, operating or being in actual physical control of a vehicle under power
while under the influence of marijuana. Must provide police video of
impairment.
(2) Smoking any smokable, vaporized, vapable and e-cigarette medical marijuana
in restricted areas as listed under the same restrictions for tobacco under
Oklahoma statutes on “Smoking in Public Places and Indoor Workplaces
Act.”
(3) Knowingly delivering marijuana to another person who does not lawfully hold a
valid Medical Marijuana Patient License.
Section 2-3, Medical Marijuana Patient Rights
(a) No school or landlord may refuse to enroll or lease to and may not otherwise
penalize a person solely for his status as a Medical Marijuana Patient License
holder, unless failing to do so would imminently cause the school or landlord to
lose a monetary or licensing related benefit under federal law or regulations.
(b) Unless a failure to do so would cause an employer to imminently lose a monetary

or licensing related benefit under federal law or regulations, an employer may not
discriminate against a person in hiring, termination or imposing any term or
condition of employment or otherwise penalize a person based upon either:
(1) The person’s status as a Medical Marijuana Patient License holder: or
(2) Employers may not take action against an employee who is a holder of a
Medical Marijuana Patient License and, as the results of a drug test, shows
positive for marijuana or its components.

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(c) For the purposes of medical care, including organ transplants, a Medical Marijuana
Patient License holder’s authorized use of marijuana must be considered the
equivalent of the use of any other medication under the direction of a physician
and does not constitute the use of an illicit substance or otherwise disqualify a
registered qualifying patient from medical care.
(d) No Medical Marijuana Patient License holder may be denied custody of or

visitation or parenting time with a minor, and there is no presumption of neglect or
child endangerment for conduct allowed under this law, unless the person’s
behavior creates an unreasonable danger to the safety of the minor.
(e) No person holding a Medical Marijuana Patient License may unduly be withheld
from holding a state issued license by virtue of their being a medical marijuana
patient ID holder. This would include such things as a concealed carry permit.
Section 2-4, Commercial Medical Marijuana Businesses Rights
No city or local municipality may unduly change or restrict zoning laws to prevent the
opening or a retail marijuana establishment.
Section 2-5, Minors
(a) It shall be unlawful for any cultivation/processing facility or distribution facility to

employ any person who is not at least eighteen (18) years of age.
(b) Persons under the age of eighteen (18) years shall not be allowed on the premises
of any cultivation/processing or distribution facility unless he/she meets the criteria
in part (c).
(c) Minors who have a valid doctor’s medical recommendation and a Medical
Marijuana Patient ID Card under the supervision of their parent or guardian may
purchase and consume marijuana.
Section 2-6, Deleterious Outcomes
Oklahoma Medical Marijuana businesses that adheres to this Chapter, including its
officers, employees, agents, representatives, successors, and assigns, shall not be held
responsible for any deleterious outcomes from the use of marijuana by any person.
Section 2-7, Revocation of Past Crimes
All persons who are in custody, awaiting sentences or on probation for a criminal
offence due to the possession of marijuana in the amounts allowed by this Chapter and

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have claim to the use of marijuana for a medical condition will receive revocation from
their sentence, further sentences and probation.
SUBCHAPTER 3 – MEDICAL MARIJUANA LICENSES AND IDENTIFICATION

CARDS
Section 3-1, Medical Marijuana Business License; Operating Fee
(a) Each medical marijuana business shall be organized under Oklahoma Law.
(b) A person who wishes to operate a medical marijuana business shall be required to
meet all employment licensing requirements under this Chapter.
(c) Every medical marijuana business shall pay a license fee for each business
physical location of $2500 per year.
Section 3-2, Application for Medical Marijuana Patient License
(a) The application for a patient license shall be on the Department issued form and
shall include at a minimum:
(1) The applicant’s first name, middle name, last name and suffix, if applicable;
(2) The applicant’s residence address and mailing address. If the applicant proves
Oklahoma residence, but does not have a fixed residential address, then the
address where the applicant can receive mail;
(3) The applicant’s date of birth;
(4) The applicant’s telephone number and email address;
(5) The signature of the applicant attesting the information provided by the
applicant is true and correct and pledging the applicant will not divert
marijuana to any individual or entity that is not lawfully entitled to possess
marijuana; and
(6) The date the application was signed.
(b) An application must be submitted within thirty (30) days of signature or it will be
rejected by the Department.

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(c) The following documentation shall accompany the application or the application will
be rejected:
(1) Documents establishing the applicant is an Oklahoma resident as established

in Section 1-6 (relating to proof of residency).
(2) Documents establishing proof of identity as established in Section 1-7 (relating

to proof of identity).
(3) A digital photograph as established in Section 1-7 (relating to proof of identity).
(4) A certification and recommendation from an Oklahoma Board Certified

Physician dated within thirty (30) days of the date of submission of the
application to the Department, on the form provided by the Department, which
includes the following:
(A) The physician’s name and license number including an identification of the
physician’s license type and specialty area;
(B) Office address on file with the physician’s licensing board;
(C) Telephone number on file with the physician’s licensing board;
(d) Title 63 O.S. § 420(D) is required unless the applicant is insured by Medicaid,
Medicare or SoonerCare.
(1) If the applicant is insured by Medicaid, Medicare or SoonerCare the applicant

must provide a copy of their insurance card or other acceptable verification.
(2) Upon receipt of this verification the Department may attempt to verify the
applicant is currently insured by the insuring agency.
(3) If the Department is unable to verify the insurance, the application shall be
rejected until verification is obtained, or the regular application fee is paid.
(4) All applicants who are verified as being insured by Medicaid,
(5) Medicare or SoonerCare shall pay a reduced application fee as established in

Title 63 O.S. § 420(D).
(6) Application fees are nonrefundable.
Section 3-3, Application for Patient License for Persons Under Age
Eighteen (18)
(a) Patient licenses may be issued for applicants under the age of eighteen (18) by
submitting the same documentation as is required by Section 3-2, and the
following:
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(1) The application must be completed listing the minor as the applicant, but shall
also include the same information as is required in Section 3-2(a) for the
minor’s parent(s) or legal guardian(s);
(2) The proof of residency information required shall be provided for the minor’s
parent(s) or legal guardian(s);
(3) Identification and residency documents shall be provided for the parent(s) or
legal guardian(s);
(4) A digital photograph, as established in Section1-6 (relating to proof of identify),

shall also be included of the minor’s parent(s) or legal guardian(s);
(5) If the person submitting the application on behalf of a minor is the minor’s legal
guardian, a copy of documentation establishing the individual as the minor’s
legal guardian must be submitted;
(6) The signature and date of each parent or legal guardian must be included on
the application;
(7) An attestation by the parent or legal guardian that the information provided in
the application is true and correct must be included on the application; and
(8) The minor applicant is not required to submit any documents listed in Section
1-6 (residency).
(b) Minor Patient Licenses are valid for a term of two (2) years, or until the minor turns
age eighteen (18), whichever occurs first.
Section 3-4, Application for Caregiver’s License
(a) Applications for a Caregiver’s License for caregivers of a patient may accompany
the original applications in Section 3-2 and Section 3-3 or may be made at any
time during the term of the patient license.
(b) Only one Caregiver’s License shall be issued for each patient license issued
except in the case of a patient/applicant under the age of eighteen (18) whereby
two (2) parents and/or legal guardians may be recognized as the minor’s
caregivers. Any variance from the number of patient licenses per caregiver shall be
evaluated by the Department pursuant to the variance procedure set forth in
Section 3-13.
(c) A Caregiver's application will not be accepted for a patient who does not have a
physician's attestation that the patient is homebound and would benefit by having a

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designated caregiver to manage medical marijuana on the behalf of the patient as

provided in Section 3-3(a)(5).
(d) The Caregiver’s application shall be made on a form provided by the Department
and shall include the following:
(1) All information and documentation for the Caregiver provided for in Section 3-
2(a) and (c) except there shall be no medical certification from an Oklahoma
Board Certified Physician nor fee assessed for a Caregiver’s license.
(2) A signed and dated attestation from the patient license holder or patient
applicant appointing the Caregiver as their designee under this provision. If the
patient license holder is incapacitated, a durable medical power of attorney or a
court order for guardianship may be submitted and the person appointed to act
under that document may execute the notarized statement; and
(3) If the patient is a license holder, the patient control number shall be included in
the application.
(e) A caregiver cannot sell to a dispensary or Medical Marijuana Patient.
(f) The caregiver may assume growing rights of the patient.
Section 3-6, Withdrawal of a Caregiver’s Authorization
A Caregiver’s license for a specific patient shall be withdrawn for any patient that
provides written notification to the Department of their wish to withdraw the caregiver’s
authorization. This withdrawal shall not be subject to appeal.
Section 3-7, Application for Temporary Patient License
(a) Temporary patient license application shall be made on a form provided by the
Department and shall include the following:
(1) All information provided for in Section 3 (relating to patient license application);
(2) Color copy or digital image file of the front and back of applicant’s unexpired
out-of-state medical marijuana patient license;
(3) Color copy or digital image file of one of the following unexpired documents:
(A) Front and back of a valid state issued Driver’s License;

(B) Front and back of valid state issued Identification Card;
(C) A United States Passport or other photo identification issued by the United
States government; or
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(D) Certified copy of the applicant’s birth certificate for minor applicants who
do not possess a document listed in subsections (A), (B), or (C).
(4) A digital photograph as established in Section 1-7 (relating to proof of

identity);and
(5) If temporary patient applicant is under the age of eighteen (18), in addition to
complying with subsections (1) (2) and (3), applicant shall also comply with
Section 3-3(a) (2),(5),(6),(7), and (8).
(6) Digital images of the records required in this section shall be of sufficient clarity
that all text is legible. See the requirements specified in Section 1-8 (relating to
applicant photograph) for resolution guidance
(b) The fee for a temporary patient license shall be the fee established in statute at 63
O.S. § 420 et seq.81-2-5 .
Section 3-8, Term and Renewal of Medical Marijuana Patient and

Caregiver’s License
(a) Medical marijuana patient licenses issued under Section 3-2 and Section 3-3 shall
be for a term of two (2) years from the date of issuance, unless revoked by the
Department. Minor patient licenses are valid for two years, or until the minor turns
eighteen (18) years of age, whichever is sooner.
(b) Caregiver’s Licenses may not extend beyond the expiration date of the underlying
Patient license regardless of the issue date.
(c) Temporary patient licenses issued under Section 3-7 shall be for term of thirty (30)
days from the date of issuance; however, temporary patient licenses may not
extend beyond the expiration date of the underlying out-of-state medical marijuana
patient license.
(d) It is the responsibility of the license holder to renew the license, with all applicable
documentation, prior to the date of expiration of the license by following the
procedures provided in Section 3-2, 3-3 and 3-4.
(e) The fee for renewal shall be the fee established in statute for the license at 63 O.S.
§ 420 et seq.

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Section 3-9, Information Contained on Patient and Caregiver License
Licenses issued pursuant to Sections 3-2, 3-3 and 3-4 of this Subchapter shall contain
the following:
(1) The digital photograph of the license holder;
(2) The name of the license holder
(3) The city and county of residence of the license holder;
(4) The type of license;
(5) The date the license expires;
(6) The unique 24 character control number assigned to the license holder; and if
applicable
(7) The unique 24 character control number assigned to the license holder for
which the caregiver, parent or legal guardian is licensed to purchase medical
marijuana.
Section 3-10, Medical Marijuana License Verification System
(a) The Department will make available on its website and via telephone a system by
which authenticity and validity of a medical marijuana license may be made.
(b) Before any sale or service is provided relating to medical marijuana, the licensed
establishment shall validate the authenticity of the receiver’s license, including
other establishments, patients, and caregivers, using the license verification
system.
Section 3-11, Grounds for sanctions for Medical Marijuana Patient License
(a) The Department, after notice and hearing, may revoke or impose any one or more
of the following sanctions on a patient or caregiver if the Department finds the
individual engaged in any of the conduct set forth in paragraph (b) of this rule:
(1) Revoke, suspend, or refuse to renew a license; or
(2) Reprimand or place the licensee on probation.
(b) The Department may impose the sanctions listed in paragraph (a) of this rule if the
Department finds:

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(1) Any information provided to the Department by the patient or caregiver was
false or misleading;
(2) The caregiver's patient has had their patient license suspended, revoked, or
inactivated and the caregiver has not voluntarily relinquished their caregiver
license to the Department;
(3) The patient or caregiver failed to report knowledge of conduct in violation of the
medical marijuana control program;
(4) The patient or caregiver sold medical marijuana to any other person, including
other patients or caregivers;
(5) The patient or caregiver allowed another to use the patient or caregiver's
license;
Section 3-12, Restrictions on Smokable Medical Marijuana and Medical

Marijuana Products
(a) All smokable, vaporized, vapable and e-cigarette medical marijuana and medical
marijuana products ingested, smoked, or consumed by a patient license holder is
subject to the same restrictions for tobacco under section 1-1521 et. seq. of Title
63 of Oklahoma statutes, commonly referred to as the
“Smoking in Public Places and Indoor Workplaces Act.”
Section 3-13, Variance to Medical Marijuana Patient License
(a) Purpose. Those applicants and license holders subject to the requirements of this
Chapter may request that a variance be granted from the requirements of this
Chapter. Such variance shall only be granted for the term of the current license
period, or less. The fees authorized in 63 O.S. § 420 et seq. and this Chapter are
not eligible for a variance.
(b) Extension of time for application review. A variance request filed in conjunction
with an application for license, or renewal of license, shall extend the time allowed
for the review of the application for license or renewal of license.
(c) Application required. Variances requested pursuant to this section are subject to
approval by the Department. In order to have the variance approved, an applicant
or license holder must submit a written application on a form provided by the
Department.
(d) Denied until approved. Any variance request shall be deemed denied unless the
license holder subsequently receives notice of approval from the Department.
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(e) Annual review. Variances may be reviewed and reconsidered for each successive
licensing period. Prior to the expiration of the current license, the licensee must
apply in writing for renewal of the variance, on a form provided by the Department.
The process for approval of the renewal is the same as the process for granting
the original variance. Each "renewal" shall be considered a new, separate
variance, and must be independently justified.
(f) Application form. Any applicant or licensee requesting a variance shall apply in
writing on a form provided by the Department. The form shall include:
(1) Information sufficient to reference any pending application for license or

existing license.
(2) The section(s) of this Chapter for which the variance is requested;
(3) Reason(s) for requesting a variance;
(4) The specific variance requested; and
(5) Any documentation which supports the application for variance.
(g) Criteria. In consideration of a request for variance, the Department shall consider
the following:
(1) Compliance with 63 O.S. Section 420 et seq. and this Chapter.
(2) The impact of the variance on public health and safety;
(3) The creation or avoidance of public nuisance; and
(4) Alternative policies or procedures proposed.
(h) Incomplete variance applications. If the Department finds that a request is

incomplete, the Department shall advise the applicant in writing and offer an
opportunity to submit additional or clarifying information. The applicant shall have
thirty (30) calendar days after receipt of notification to submit additional or clarifying
information in writing to the Department, or the request shall be considered
withdrawn.
(i) Department decision. The Department shall permit or disallow the variance request
in writing within forty-five (45) calendar days after receipt of the request.
(j) Denial or revocation of variance. Variances are not a part of the license. Denial of
a variance is not subject to appeal. A variance may be revoked upon finding the
licensee is operating in violation of the variance, or the variance jeopardizes public

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health and safety, constitutes a distinct hazard to life, or creates a public nuisance.
The licensee shall not be entitled to a hearing prior to revocation, but will be
provided written notice of any revocation along with instructions that the licensee
must come into compliance by a date certain.
Section 3-14, Medical Marijuana Employee License Requirements
(a) Every employee of a medical marijuana business shall be required to obtain from the
Oklahoma Department of Health a Medical Marijuana Employee License as a
prerequisite to such employment.
(b) The application for a Medical Marijuana Employee License shall include the
following information:
(1) The name, address, telephone number, email address, social security number
and date of birth of the applicant.
(2) Proof that the applicant is at least twenty one (21) years of age.
(3) A current photograph of the applicant;
(4) A statement in writing that the applicant pledges to not dispense of or otherwise
divert medical marijuana to any person or entity that is not allowed to lawfully
possess medical marijuana in the State of Oklahoma.
(5) A statement in writing that the applicant certifies under penalty of perjury that all
information contained in the application is true and correct.
Section 3-15, Medical Marijuana Employee License Term, Renewals and

Fees
(a) Unless otherwise suspended or revoked, a Medical Marijuana Employee License

shall expire one (1) year following its issuance. A person may re-apply for a Medical
Marijuana Employee License for subsequent periods of one (1) year.
(b) Every application for a Medical Marijuana Employee License or renewal shall be
accompanied by a nonrefundable license fee. The initial license fee shall be $150.
(c) All license fees shall be remitted to the Oklahoma State Health Department, who
shall keep accurate records of all such receipts
(d) The license fee shall include fingerprinting, photographing and background check
costs by the Oklahoma State Health Department.

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Section 3-16, Medical Marijuana Employee License Grounds for Denial
The grounds for denial of a Medical Marijuana Employee License shall be one or more
of the following:
(1) The applicant, within the past one (1) year, has violated this Chapter or any
State law, statute, rule or regulation relating to the cultivation, processing or
distribution of medical marijuana.
(2) The applicant has knowingly made a false statement of material fact or has
knowingly omitted to state a material fact in the application for a Medical
Marijuana Employee License.
(3) A determination by the Oklahoma State Health Department that employment of

the applicant poses a threat to the public interest or to the effective regulation of
medical marijuana.
(4) The applicant is under twenty one (21) years of age.
(5) The required application or renewal fees have not been paid within a
reasonable time.
Section 3-17, Medical Marijuana Employee License Reconsideration of

Denial
(a) A person aggrieved by the decision of the Oklahoma State Health Department to
deny a Medical Marijuana Employee License may seek reconsideration of such
decision by filing a written petition for reconsideration with the Oklahoma State
Health Department within Thirty (30) calendar days of service of the written notice
of decision. If a petition for reconsideration is not filed within such time, the
decision shall be final.
(b) Following review of the petition for reconsideration, the Oklahoma State Health
Department may issue the Medical Marijuana Employee License or it may deny the
issuance of the Medical Marijuana Employee License on the grounds specified in
this Chapter.
Section 3-18, Medical Marijuana Employee License Suspension
(a) If, after the issuance of a Medical Marijuana Employee License, the Oklahoma
State Health Department receives reliable information indicating that an employee
is not eligible for employment under subsection 3-14, the Oklahoma State Health
Department shall suspend such license and shall notify in writing the licensee of
the suspension and the proposed revocation.
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(b) The Oklahoma State Health Department shall notify the licensee of a time and a
place for a hearing on the proposed revocation of a license.
(c) After a revocation hearing, the Oklahoma State Health Department shall decide to
revoke or to reinstate a Medical Marijuana Employee License. The decision of the
Oklahoma State Health Department shall be subject to judicial review.
Section 3-19, Medical Marijuana Employee License Reinstatement
(a) No person who has had a Medical Marijuana Employee ID Card revoked may have
the ID restored but upon order of the Oklahoma State Health Department after the
filing of a petition for reinstatement.
(b) No person may petition for reinstatement until the expiration of a least one (1) year
from the effective date of the revocation.
(c) The petitioner will have the burden of proving by clear, cogent, and convincing
evidence that:
(1) the petitioner meets the criteria requirements of Section 3-14;
(2) the petitioner has reformed, rehabilitated or otherwise overcome the issue or
issues underpinning the revocation;
(3) and the petitioner paid all fees required under Section 3-15.
SUBCHAPTER 4 – CULTIVATION / PROCESSING MEDICAL MARIJUANA
Section 4-1, Cultivation or Grow Facility Operating Procedures
(a) Each cultivation or grow facility shall establish written operating procedures for the
cultivation or grow of medical marijuana. The operating procedures must include
the minimum following information:
(1) The manner in which all pesticide and other agricultural chemicals are to be
applied during its cultivation or grow process;
(2) The equipment and methods employed in the cultivation or grow of marijuana;
(3) How the cultivated or grown marijuana will be transported to a distribution

facility;
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(4) The measure taken to minimize or offset energy use from the cultivation or
grow of marijuana.
(5) The manner in which chemicals will be stored and used at the premises;
(6) The type of quantity of all effluent discharged into wastewater or storm-water
system in a manner that is in accordance with this Chapter and any applicable
Oklahoma, state, or federal law, rule or regulation;
(7) The hours and days of the week the cultivation facility will be open;
(8) The security measures that will be employed at the premises, including but not
limited to licensed and uniformed guards, lighting, alarms, surveillance, and
automatic law enforcement notification dictated by the Security Manager; and
(9) The procedure and documentation process for testing for the major active
agents in the marijuana product (e.g., cannabinoids, Tetrahydrocannabinol
(THC), Cannabidiol (CBD) and Cannabinol (CBN)) on each marijuana strain at
the facility.
(b) A copy of all operating procedures must be maintained at every cultivation or grow
facility.
(c) Monthly reports are due on the 15th to the Department that contain this information;
(1) Amount of Medical Marijuana purchased or transferred in pounds.
(2) Amount of Medical Marijuana used for cooking edible products in pounds.
(3) Amount of Medical Marijuana processed in pounds.
(4) Amount of waste in pounds and information or cause of waste.
Section 4-2, Special Guidelines for Hydroponics
(a) All grow facilities who are using hydroponics are limited to 5,000 count on plants.
(b) Oklahoma Residents can only own or partly own one (1)Cultivation Company if
they are growing using hydroponics.
(c) Hydroponic systems are not exempt from EPA guidelines and must not upset the
local city, county or area’s treatment plant.

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Section 4-3, Processing Facility Operating Procedures
(a) Each processing facility shall establish written operating procedures for the
processing of medical marijuana. The operating procedures must include the
minimum following information:
(1) How the cultivated marijuana will be transported to a distribution facility;
(2) The hours and days of the week the processing facility will be open;
(3) The number of persons per shift who will be working at the processing facility;
(4) The security measures that will be employed at the premises, including but not
limited to licensed and uniformed guards, lighting, alarms, surveillance, and
automatic law enforcement notification dictated by the Security Manager; and
(5) The procedure and documentation for the major active agents in the marijuana
product (e.g., cannabinoids, Tetrahydrocannabinol (THC), Cannabidiol (CBD)
and Cannabinol (CBN)) on each marijuana strain at the facility.
(6) Require standards for the processing medical marijuana into food and other
edibles by cooking, baking, infusing, or grinding. Such standards shall be no
less stringent than the standards of the United States Public Health Service.
(7) Require standards for the packaging of edibles and other similar products.
Such packaging shall be nondescript and shall not mimic, resemble or be
representational of candy, cookies or other food products that might attract or
entice children.
(b) A copy of all operating procedures must be maintained at every processing facility.
(c) Monthly reports are due on the 15th to the Department that contain this information
from the previous month;
(1) Amount of Medical Marijuana purchased or transferred in pounds.
(2) Amount of Medical Marijuana used for cooking edible products in pounds.
(3) Amount of Medical Marijuana processed in pounds.
(4) Amount of waste in pounds and information or cause of waste.
Section 4-4, Quality Assurance; Adulteration Prohibited
(a) Within six (6) months of the establishment of this ordinance, all cultivated and
processed medical marijuana product must be tested for safety and quality
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assurance, including but limited to, potency testing, residual solvents testing,
microbial testing, aflatoxin testing, pesticide testing, and heavy metal testing.
(b) All marijuana cultivated must be tested for safety and quality assurance.
(c) A cultivation/processing facility may not treat or otherwise adulterate marijuana

with any chemical or other compound whatsoever to alter its color, appearance,
weight, or smell.
Section 4-5, Precautions and Specific Requirements
(a) Every cultivation/processing facility shall take all reasonable measures and
precautions to ensure that the following requirements are met:
(1) All cultivation/processing of medical marijuana that a cultivation/processing

facility carries out or causes to be carried out must take place in an enclosed,
locked structure or building.
(2) Any person who, by medical examination or supervisory observation, is shown

to have, or appears to have, an illness, open lesion, including boils, sores, or
infected wounds, or any other abnormal source of microbial contamination for
whom there is a reasonable possibility of contact with marijuana shall be
excluded from any operations which may be expected to result in such
contamination until the condition is corrected.
(3) All persons working in direct contact with marijuana shall conform to hygienic
practices while on duty, including but not limited to, maintaining sufficient
personal cleanliness.
(4) Litter and waste shall be properly removed and the operating systems for waste
disposal shall be maintained in an adequate manner so that they do not
constitute a source of contamination in areas where medical marijuana is
exposed.
(5) All facilities shall be constructed in such a manner that they bay be adequately
cleaned and kept clean and kept in good repair.
(6) Adequate screening or other protection against entry of pests shall be made.
Rubbish shall be disposed of so as to minimize the development of odor and
minimize the potential for the waste becoming an attractant, harborage, or
breeding place for pests.
(7) All building, fixtures, and other facilities shall be maintained in a sanitary
condition.

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(8) Pesticide chemicals shall be identified, held, and stored in a manner that
protects against contamination of medical marijuana, and in a manner that is in
accordance with this Chapter and any applicable Oklahoma, state, or federal
law, rule or regulation.
(9) For processing facilities, toxic cleaning compounds, sanitizing agents, solvents
used in the production of medical marijuana concentrates shall be identified,
held and stored in a manner that protects against contamination of medical
marijuana and in a manner that is in accordance with this Chapter and any
applicable Oklahoma, state, or federal law, rule, or regulation.
(b) Cultivation/processing facilities shall be subject to the following specific

regulations:
(1) The cultivation/processing of marijuana shall not adversely affect the health or
safety of the employees, or the facility in which it is cultivated or processed.
(2) The cultivation/processing area shall occur only within a self-contained

structure that is adequately ventilated.
(3) The cultivation/processing facility shall comply with storm-water, wastewater,

and other requirements of the Oklahoma Environmental Department.
(4) The water supply shall be sufficient for the operations intended and shall be
derived from a source that is a regulated water system. Private water supplies
shall be derived from a water source that is capable of providing a safe,
potable, and adequate supply of water to meet the facility’s need.
(5) The plumbing shall be of adequate size and design and adequately installed
and maintained to carry sufficient quantities of water and that shall properly
convey sewage and liquid disposable waste from the cultivation facility. There
shall be no cross-connections between the potable and waste water lines.
(6) All operations in the receiving, inspecting, transporting, segregating, preparing,

manufacturing, packaging, and storing of marijuana or marijuana product shall
be conducted in accordance with adequate sanitation principles.
(7) Every cultivation/processing facility shall provide its employees with adequate
and readily accessible toilet facilities that are maintained in a sanitary condition
and good repair.
(8) All hand-washing facilities shall be adequate and convenient and be furnished
with running water at a suitable temperature. Hand-washing facilities shall be
located in the cultivation facility and where good sanitary practices require
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employees to wash and/or sanitize their hands, and provide effective hand-
cleaning and sanitizing preparations and sanitary towel service or suitable
drying devices.
(9) All contact surfaces, including utensils and equipment used for preparation of a
medical marijuana product, shall be cleaned and sanitized as frequently as
necessary to protect against contamination. Equipment and utensils shall be
so designed and of such material and workmanship as to be adequately
cleanable, and shall be properly maintained.
(c) The following specific requirements for edible medical marijuana products:
(1) List of all ingredients used to manufacture the edible medical marijuana
product; which may include a list of any potential allergens contained within, or
used in the manufacture of the product.
(2) A statement that the medical marijuana product, if perishable, must be

refrigerated.
(3) A product expiration date, for perishable medical marijuana products, upon
which the product will no longer be fit for consumption, or a use-by-date, upon
which the product will no longer be optimally fresh. Once a label with a use-by
or expiration date has been affixed to a container of a marijuana product, it may
not be altered in any way or have a new label affixed with a later use-by or
expiration date.
Section 4-6, Food Safety Course
(a) Any person who processes medical marijuana into food and other edibles shall be
required to provide evidence of completion of a food safety course that includes
basic food handling training and is comparable to or is a course given by a state or
county public health agency.
(b) Any course taken pursuant to this rule must cover the following subjects:
(1) Causes of foodborne illness, highly susceptible populations and worker illness;
(2) Personal hygiene and food handling practices;
(3) Approved sources of food;
(4) Potentially hazardous foods and food temperatures;
(5) Sanitization and chemical use; and

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(6) Emergency procedures (fire, flood, sewer backup).
Section 4-7, Medical Marijuana Concentrates
(a) A cultivation/processing facility may produce the following concentrates:
(1) Water-Based Medical Marijuana Concentrates;
(2) Fat-Based Medical Marijuana Concentrates;
(3) Solvent-Based Medical Marijuana Concentrates; and
(4) Critical Fluid Extraction Medical Marijuana Concentrates provided the solvents
used in this process only include N-Butane, Iso-Butane, Propane, Heptane, or
Carbon Dioxide.
(b) A processing facility that engages in the production of medical marijuana

concentrates, regardless of the method of extraction or type of concentrate being
produced, must:
(1) Ensure that the space in which any Medical Marijuana Concentrate is to be
produced is a fully enclosed room and clearly designated.
(2) Establish a standard operating procedure for each method used to produce a
marijuana concentrate.
(3) Establish written quality control procedures, designed to minimize any potential
risks to employees or contamination of medical marijuana products.
(4) Ensure that all equipment used in the production of medical marijuana
concentrate is food-grade, including ensuring that all counters and surface
areas were constructed in such a manner that it reduces the potential for the
development of microbials and mold and can be easily cleaned.
(5) Ensure that all equipment, counters, and surfaces used in the production of a
marijuana concentrate is thoroughly cleaned after the completion of each
production of a medical marijuana concentrate.
(6) Have a comprehensive training manual that provides step-by-step instructions

for each method used to produce a medical marijuana concentrate. The
training manual must include, but need not be limited to, all standard operating
procedures, quality control procedures and safety procedures for each method
of production, instructions on the appropriate use and maintenance of all
equipment involved in each process, and any cleaning required to comply with
all applicable sanitary rules.
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(7) Provide adequate training prior to individual engaging the production of a

Medical Marijuana Concentrate. Adequate training must include, but need not
be limited to, providing the appropriated employee or volunteer with the training
manual and live, in-person instruction detailing safety procedures for each
method of production, instructions on the appropriate use an maintenance of all
equipment involved in the process, and any cleaning required to maintain
compliance with all applicable sanitary rules.
(8) Maintain clear and comprehensive records that document every phase of each
step in the production of the medical marijuana concentrate, which must include
the name and license number of every employee or volunteer that worked on
the production of that medical marijuana concentrate.
(9) Ensure that the room in which medical marijuana concentrate shall be
produced contains an emergency eye-wash station.
(c) With respect to Critical Fluid Extraction Medical Marijuana Concentrates, the
cultivation/processing facility must also ensure that the facility and all equipment
used in production of the Critical Fluid Extraction Medical Marijuana Concentrates
meets following requirements:
(1) A professional grade, closed-loop extraction system capable of recovering the

solvent used.
(2) If a pressurized extraction system is utilized, then every vessel in the system
must be related to a minimum of nine hundred pounds per square inch (900
lbs/sq in).
(3) A sufficient fume hood and exhaust system is installed in the room in which a
Critical Fluid Extraction Medical Marijuana Concentrate shall be produced and
that the system is fully functioning prior to the production of Critical Fluid
Extraction Marijuana Concentrate.
(4) All flammable material used in the production of a Critical Fluid Extraction
Medical Marijuana Concentrate are stored in a storage-tank designed to hold
flammable material and is outside of the room in which the concentrates are to
be produced.
(5) A sufficient fire-suppression system is installed in a room in which a Critical

Fluid Extraction Medical Marijuana Concentrate shall be produced and that the
system is fully functioning prior to the production of Critical Fluid Extraction
Medical Marijuana Concentrate.

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(6) A hydro-carbon gas monitoring system, a CO2 Gas monitoring system or both,
depending on the type of Medical Marijuana Concentrate to be produced, with
emergency shutdown relays installed in the room in which a Critical Fluid
Extraction Marijuana Concentrate shall be produced and that the system is fully
functioning prior to the production of Critical Fluid Extraction Medical Marijuana
Concentrate.
(7) The room in which a Critical Fluid Extraction Medical Marijuana Concentrate
shall be produced is a spark-free environment.
(8) The facility in which a Critical Fluid Extraction Medical Marijuana Concentrate
shall be produced contains an emergency shower.
(9) Ensure that all fluids used in the extraction process are food-grade and 99%
pure.
(10) Establish a standard operating procedure for each type of Critical Fluid
Extraction Medical Marijuana Concentrate to be produced that is designed to
maximize employee safety and minimize potential contamination of products
with residual solvents or microbials and mold.
SUBCHAPTER 5 – DISTRIBUTING MEDICAL MARIJUANA
Section 5-1, Dispensing Medical Marijuana
Before a dispensary agent dispenses or a processor agent processes medical

marijuana for a patient or caregiver, the agent shall:
(1) Verify the patient’s or the caregiver’s proof of identity by requiring the
presentation of a valid photo identification as specified in Section 1-6 (relating
to proof of identify), in addition to a verified Department issued medical
marijuana license;
(2) Offer any appropriate medical marijuana education or support materials;
(3) Enter the patient’s identification card number or caregiver’s identification card
number into the medical marijuana verification system to verify the validity of
the license card;

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(4) Keep a record of the following information pertaining to each sale or service for
the patient or caregiver:
(A) The patient’s control number and if applicable, the caregiver’s control
number;
(B) The amount of medical marijuana dispensed;
(C) The date the medical marijuana was dispensed;
(D) The establishment’s license number.
(5) Data regarding patient control number in individual sales shall be deleted every
30 days.
Section 5-2, Distribution Facility or Dispensary Operating Procedures
(a) Each dispensary shall establish written operating procedures for the distribution of
marijuana. The operating procedures must include the minimum following
information:
(1) All applicable provisions contained in Sections -5-1 thru 5-5.
(2) A description of the screening, registration, and validation process for

consumers. Including the online check of current medical cards provided by the
State of Oklahoma Health Department.
(3) A description of consumer records acquisition and retention procedures.
(4) The process for tracking marijuana quantities and inventory controls.
(5) The procedure and documentation process for assuring the safety and quality
of all marijuana and marijuana products (including, but not limited to, testing for
bacteria, mold, pesticides and other contaminants) within twelve (12) months of
the establishment of this ordinance.
(b) Dispensaries are not prohibited from sharing the information obtained from any
product/sale reporting systems or information about operating procedures to other
dispensaries. This information cannot relate to patient information.
(c) A dispensary must exercise reasonable care to ensure that the personal identifying
information of patients, who hold valid Medical Marijuana Registration Cards, is
protected and not divulged for any purpose not specifically authorized by law.

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Section 5-3, Access and Purchasing
(a) Medical Marijuana Employee License holders, holders of a valid Medical Marijuana
Patience License and persons over 18 with bona fide purposes for visiting the
premises shall be permitted access into a distribution facility.
(b) All Medical Marijuana patients and caregivers with a valid Medical Marijuana
Registration Card and after being validated in the Oklahoma State Health
Department’s validation system, can purchase Medical Marijuana in a Dispensary.
(c) Medical Marijuana patients who have not received their valid Medical Marijuana
Registration Card shall be allowed to purchase medical marijuana if they can show
these three documents:
(1) A copy of their doctor recommendation.
(2) A copy of their final completed registration.
(3) Proof of registration sent.
Section 5-4, Duties of Distribution Facility
(a) Each distribution facility shall ensure all of the following:
(1) The weight, concentration, and content of THC in all marijuana, edible marijuana
products that the dispensary sells is clearly and accurately stated on the product
sold.
(2) That the distribution facility does not sell to a Medical Marijuana Patient or their
designated caregiver, in any one 24 hour period, an amount of marijuana that
exceeds 3 oz.
(3) That, posted clearly and conspicuously within the distribution facility, are the
limits on the possession of marijuana, as set forth in SQ788.
(b) Each distribution facility shall be staffed with at least one person during hours of
operation who shall not be responsible for dispensing marijuana. The distribution
facility shall have a responsible person who shall be at least twenty-one (21)
years of age and shall be on the premises to act as manager at all times, during
which the distribution facility is open to the public or any portion thereof.
(c) A monthly sales report is due on the 15th of each month and provide reporting on
the previous month. The report will contain the following information:
(1) Medical Marijuana purchased at wholesale a by weight.

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(2) Medical Marijuana sold to card holders by weight.
(3) Amount of waste by weight and account of waste bi-product.
(4) Total sales in dollars, tax collected in dollars and tax due in dollars.
(5) List of Medical Marijuana sold to 100% disabled veterans that were tax
exempt.
Section 5-5, Precautions and Specific Requirements
(a) The distribution facility shall be subject to the following specific regulations:
(1) The distribution facility shall only distribute marijuana or marijuana products to
holder of a valid Medical Marijuana Patient License.
(2) The distribution facility shall display rules and regulations in a conspicuous
place that is readily seen by all persons entering the distribution facility.
(3) Each building entrance to the distribution facility shall be clearly and legibly
posted with a notice indicating that smoking, ingesting or consuming marijuana
in the distribution facility is prohibited.
(4) Holders of a Medical Marijuana Patient License shall be permitted to take

marijuana products from the distribution facility. Such persons may have any
amounts purchased from a distribution facility and must be in a child proof
container.
(5) Each building entrance to the distribution facility shall be clearly and legibly
posted with a notice indicating that persons under the age of eighteen (18) are
precluded from entering the premises unless the accompanied by a parent or
legal guardian.
(6) The distribution facility may operate 24 hours 7 days a week.
Section 5-6, Packaging
(a) Every package or unit of marijuana product, distributed shall have a label or labels
that state the following, as may be applicable:
(1) Processor business or trade name and license number
(2) The name of the product.
(3) Identification and tracking number for the specific package or unit of marijuana,
or marijuana product.
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(4) The strain of the marijuana.
(5) Net weight in US customary or metric units.
(6) Identification of the THC, THC-A and CBD content of the marijuana in
percentage.
(7) For edibles, activation time expressed in words or through a pictogram.
(8) Universal symbol.
(9) A warning that states: “For use by qualified patients only. Keep out of reach of
children.”
(b) The following specific requirements for edible marijuana products:
(1) List of all ingredients used to manufacture the edible marijuana product; which
may include a list of any potential allergens contained within, or used in the
manufacture of the product.
(2) A statement that the marijuana product, if perishable, must be refrigerated.
(3) A product expiration date, for perishable marijuana products, upon which the
product will no longer be fit for consumption, or a use-by-date, upon which the
product will no longer be optimally fresh. Once a label with a use-by or
expiration date has been affixed to a container of a marijuana product, it may
not be altered in any way or have a new label affixed with a later use-by or
expiration date.
SUBCHAPTER 6 – TRANSPORTATION OF MEDICAL MARIJUANA
Section 6-1, License for Transportation of Medical Marijuana
(a) A marijuana transportation license will be applicants for a commercial license at

the time of by the applicant.
(b) A transportation license shall enable marijuana to be moved between growers,

dispensers, researchers, and processors.

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Section 6-2, Requirements for Transportation of Marijuana
(a) Vehicles used in the transport of medical marijuana between commercial

establishments shall be:
(1) Insured at or above the legal requirements in Oklahoma;
(2) Capable of securing medical marijuana during transport;
(3) Equipped with an alarm system;
(4) Free of any markings that would indicate the vehicle is being used to transport
medical marijuana; and
(b) Individuals transporting medical marijuana shall:
(1) Be employed by an establishment with a valid medical marijuana dispensary,

grower or processer license;
(2) Have a valid Oklahoma driver’s license; and
(3) Have possession of a copy of the valid commercial license denoting the
transportation license while operating the motor vehicle used to transport
medical marijuana.
(c) All medical marijuana shall be transported in a locked container shielded from
public view, and clearly labeled "Medical Marijuana or Derivative."
(d) Prior to the transport of any medical marijuana, an inventory manifest shall be
prepared at the origination point of the medical marijuana. The inventory manifest
shall include the following information:
(1) For the origination point of the medical marijuana:

(A) The license number for the dispensary, grower or processor;
(B) Address of origination of transport; and
(C) Name and contact information for the originating licensee.
(2) For the end recipient license holder of the medical marijuana:
(A) The license number for the dispensary, grower, processor or researcher
destination;
(B) Address of the destination; and
(C) Name and contact information for the destination licensee.
(3) Quantities by weight or unit of each type of medical marijuana product

contained in transport;
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(4) The date of the transport and the approximate time of departure;
(5) The arrival date and estimated time of arrival;
(6) Printed names and signatures of the personnel accompanying the transport;
and
(7) Notation of the transporting licensee.
(e) A separate inventory manifest shall be prepared for each licensee receiving the
medical marijuana.
(f) The transporting licensee entity shall provide the other licensee facility with a copy
of the inventory manifest at the time the product changes hands and after the other
licensee prints their name and signs the inventory manifest.
(g) An inventory manifest shall not be altered after departing the originating premises
other than in cases where the printed name and signature of receipt by the
receiving licensee is necessary.
(h) A receiving licensee shall refuse to accept any medical marijuana or medical
marijuana product that is not accompanied by an inventory manifest.
(i) Originating and receiving licensees shall maintain copies of inventory manifests
and logs of quantities of medical marijuana received for one (1) year from date of
receipt.
(j) Commercially licensed establishments may only transport from or to another

commercially licensed establishment per Title 63 O.S. § 424(B).
SUBCHAPTER 7 – MEDICAL RESEARCH LICENSE
Section 7-1, Purpose

A marijuana research license allows a holder of the license to produce, process, and
possess marijuana solely for human and plant research purposes.
Section 7-2, Standards

(a) Eligibility. The following provisions govern eligibility and continuing requirements
for research license applications, prohibitions and restrictions.

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(1) Other than the restrictions listed in this Section or outlined in law, any person,
organization, agency, or business entity may apply for a marijuana research
license.
(2) Other marijuana licensees may apply for a research license. Facilities at which
the research is conducted must be wholly separate and distinct from the
marijuana business, except:
(A) Licensed growers with a research license and approved research project may
grow marijuana plants or possess marijuana for research purposes at the
licensed grower’s premises. However, all marijuana grown or possessed for
research purposes must be kept wholly separated and distinct from
commercial operations and must not be comingled with or diverted to
marijuana grown for commercial purposes or purposes other than those
related to the research project; and
(B) Licensed processors with a research license and approved research project
may possess or process marijuana for research purposes at the licensed
processor’s premises. However, all marijuana possessed or processed for
research purposes must be kept wholly separated and distinct from all
marijuana possessed and processed for commercial purposes or purposes
other than those related to the research project and must not be comingled
with or diverted to marijuana possessed for commercial purposes or purposes
other than those related to the research project. Researchers who are also
licensed processors yet do not also hold a grower license may not grow
marijuana plants for the purposes of research under a research license at the
licensed processor's premises.
(3) All persons conducting research under the research license must be twenty-one
(21) years of age or older.
(b) All research license applicants and those persons that have managing control over
an organization, agency, or business entity must meet the requirements as defined
in SQ788 .
(c) Restrictions on possession. Except as otherwise provided in agency rule, no

applicant for a research license may possess any marijuana plants or marijuana
for research purposes unless and until the research project is approved and the
applicant is notified the research license is approved in writing by the Department.
(d) Restrictions on transport. Persons working under the research license may not
carry marijuana on their persons away from the approved research address except
during transportation if the research license has applied for a transportation
license. All requirements under the transportation license will apply.

Page 39 of 44

(e) Initial applications.
(1) The applicant is responsible for ensuring no information is included in the

research plan that may compromise the applicant's ability to secure patent,
trade secret, or other intellectual property protection.
(2) All application documents must be submitted by a person who has the legal
authority to represent the entity if the applicant is an entity other than an
individual person.
(3) All documents must be submitted to the Department in a legible PDF format.
(4) All of the following information and documents are required for each initial
application:
(A) A completed marijuana research license application as established in Section

3-1 (relating to applications).
(B) A research plan limited to four pages that includes the following information:
i. Purpose and goal(s) of the proposed research project(s);
ii. Key milestones and timelines for the research project(s);
iii. Background and preliminary studies;
iv. Amount of marijuana to be grown, if applicable, including the
justification with respect to milestone tasks;
v. Key personnel and organizations, including names and roles;
vi. Facilities, equipment, security plans and other resources required and
available for conducting the proposed research project(s);
(C) For all projects involving human subjects, documentation of approval of the
research project from an institutional review board (IRB) with federal wide
assurance is required. Documents must be provided on IRB letterhead and
be signed by authorized officials of those regulatory bodies.
(f) Review by the Department.
(1) The Department may assign, or contract with, external parties for the review of
research applications
(2) If the applicant submits application materials to the Department by the required
deadline specified by the Department's application letter and the Department
determines the additional application materials are complete and meet the
document requirements specified in this section, the Department will proceed
with reviewing the research project.

Page 40 of 44

(3) If at any time during the process of review the Department finds that the
application materials are not complete, the Department will notify the applicant
the application is deemed withdrawn until such time as the application is
corrected.
(4) The Department will supply a written evaluation with the approval
recommendation status; determination(s) of the applicable research category or
categories; and, as applicable, the reasons for a "Not Approved"
recommendation. The Department will provide written evaluations to applicants
following completion of the review process along with the Department's
approval or denial of the research license.
(g) Research license withdrawal and denials.
(1) The Department will withdraw an application if:
(A) The application or additional application materials are determined

incomplete or incorrect by the Department or its designated reviewer;
(B) The additional application materials are not timely received by the
Department as provided in this section; or
(C) The applicant(s) request withdrawal of a research license application at any
time in the application process. The applicant must request the withdrawal
in writing and is responsible for any review costs due to the reviewer. The
voluntary withdrawal of a research license application does not result in a
hearing right.
(2) The Department will deny a research license if:
(A) The scientific reviewer does not recommend approval of the license after
reviewing the research proposal;
(B) The applicant does not meet the requirements for a license under this
section; or
(C) The applicant provides false or misleading information in any of the
materials it submits to the Department or the reviewer.
(h) Reporting required.
(1) Monthly reporting on product consumption is required pursuant to Title 63 O.S.

§ 425(H).
(2) The Department may require additional reporting at the time of application.
(3) The research licensee shall report:
(A) Any circumstances that alter the scope of the research project;
(B) Any circumstances that require a change to the approved operating plan,
the entity structure, or entity location; or
Page 41 of 44

(C) Any security failures resulting in the loss of marijuana.

(i) Adding an additional research project or changing existing approved research
project process can be done with Department approval.
(j) Research license renewals operate on an annual basis, based on the license
issuance date. The licensee must provide a status report to the Department or an
application for a new research project if the licensee's ongoing approved research
project will end within thirty days prior to or after the renewal date. The status
report or application must be received by the Department sixty days prior to the
license expiration.
(k) License revocation.
(1) The Department may revoke an application for the following reasons:
(A) The Department can prove that marijuana is being diverted from the
research licensee;
(B) The research licensee operates outside the scope of the research project(s)
approved under the license issued to the licensee;
(C) The applicant makes a misrepresentation of fact, or fails to disclose a
material fact to the Department during the application process or any
subsequent investigation after a license has been issued;
(D) The Department finds that the research project possesses marijuana plants,
marijuana, or marijuana products that are not included in the approved
research project;
(E) The research licensee makes changes to their operating plan, entity
structure, or location without prior approval from the Department; or
(F) The research licensee fails to maintain security requirements for the
licensed research facility.
(2) A licensee may request voluntary cancellation of a license at any time. The
licensee must request cancellation of a research license to the Department in
writing. The voluntary cancellation of a research license does not result in a
hearing right.
(3) On any first violation, a warning can be issued for correct action by the
Department.

Page 42 of 44

SUBCHAPTER 8 – SECURITY, SITE MANAGEMENT AND INVENTORY CONTROL
Section 8-1, Security and Site Management
(a) Every marijuana business shall provide adequate security for all facilities which
shall include at a minimum the following:
(1) All employees shall be required to hold and properly display a current
identification badge issued by the Oklahoma State Health Department at all
times.
(2) Professionally monitored robbery alarm and burglary alarm systems shall be
installed and maintained in good working condition.
(3) Professionally monitored fire alarm and fire suppression systems shall be
installed and maintained in good working condition.
(4) All points of ingress and egress shall have commercial-grade, nonresidential
door locks.
Section 8-2, Inventory Control System
(a) Every marijuana business shall maintain an inventory control system.
(b) The inventory control system must be able to monitor and report information,
including, without limitation, a real time accounting of the total amount of product
sold; and
(c) Nothing in this section prohibits a cultivation/processing facility, dispensary,

laboratory or research facility from co-owning an inventory control system in
cooperation with other facilities, or sharing the information obtained therefrom.
Section 8-3, Training
All employees shall receive appropriate training for their intended duties to ensure
understanding of rules and procedures regarding marijuana in compliance with this
Chapter.

Page 43 of 44

SUBCHAPTER 9 – HOME GROW
Section 9-1, Growing Personal Medical Marijuana
(a) Any person with a legal Medical Marijuana Patient License or Caregiver License
can grow Medical Marijuana at their current residence or property owned by that
person or with written permission of the property owner.
(b) The number of plants allowed;
(1) Six (6) mature marijuana plants.
(2) Six (6) seedling plants.
(c) All licensed patients shall have the right to grow their own Medical Marijuana
without fear of inspection or harassment from the Oklahoma State Department of
Health or Oklahoma Law Enforcement.
(d) All Caregivers, who are growing for a Medical Marijuana Patient, must have a copy
of all patients’ licenses.
(e) All Caregiver arrangements are at the discretion of individual licensed patients.
(f) Caregivers and Medical Marijuana Patients growing home Medical Marijuana may
take their grow to a Processing Facility to be processed.
(g) Home grow Medical Marijuana is not subject to testing guidelines set up in the
testing section.
SUBCHAPTER 10 – TESTING
Oklahoma State Health Department and the Oklahoma Cannabis Trade Organization
will work together to establish the Testing standards within 15 days.
Dr Chris Hudalla, with ProVerde Labs, who maintains strict testing standards and is
familiar with all states marijuana/cannabis testing rules, is sending updated verbiage to
be used in this section.

Page 44 of 44

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MEDICAL MARIJUANA CONTROL ORDINANCE

SUBCHAPTER 1 - GENERAL PROVISIONS ....................................................................................... 4

Section 3-10, Medical Marijuana License Verification System ..................................................... 19

MEDICAL MARIJUANA CONTROL ORDINANCE

SUBCHAPTER 8 – SECURITY, SITE MANAGEMENT AND INVENTORY CONTROL .............. 43

MEDICAL MARIJUANA CONTROL ORDINANCE

SUBCHAPTER 1 - GENERAL PROVISIONS

Section 1-1, Short Title

Section 1-2, Findings and Purpose

(b) This Chapter shall govern the cultivation/processing/distribution of medical

(c) Regulation of the possession, consumption, cultivation, processing and distribution

Section 1-3, Regulatory Program Established

MEDICAL MARIJUANA CONTROL ORDINANCE

Section 1-4, Definitions

“Acquire” or Acquisition” means coming to possess marijuana by means of any legal

“Caregiver” means an Oklahoma Medical Marijuana Patient or a parent of a Minor

"Cannabidiol ("CBD")" is a cannabinoid and a nonpsychoactive ingredient found in

"CBDA" means cannabidiolic acid, Chemical Abstracts Service Number 1244-58-2.

"Commercial Establishment" ("Establishment") means an entity licensed under this

"Commercial License" means a license issued to a medical marijuana dispensary,

"Department" means the Oklahoma State Department of Health or its agent or

"Dispense" means the selling of medical marijuana or a medical marijuana product to a

MEDICAL MARIJUANA CONTROL ORDINANCE

"Entity" means an individual, general partnership, a limited partnership, a limited

"Medical Marijuana" means marijuana that is grown, processed, dispensed, tested,

"Medical Marijuana Concentrate ("concentrate")" means a substance obtained by

MEDICAL MARIJUANA CONTROL ORDINANCE

."Medical Marijuana Bi-product" means unused, surplus, returned marijuana; recalled

"Oklahoma Resident ("Resident")" means an individual who maintains his or her

"Out-of-State medical marijuana license" means an unexpired medical marijuana

"Owners" and "Ownership interest" means:

"Package" or "Packaging" means any container or wrapper that a grower or processer

"Physician" means an Oklahoman Board Certified Physician who holds a valid,

"Retailer" as used in Title 63 O.S. § 420 et seq. means a dispensary.

"Resident" means a person who is domiciled in the State of Oklahoma.

“Seedling" means a marijuana plant that has no flowers.

“Testing Laboratory” or “Independent Testing Laboratory” means any facility,

"Tetrahydrocannabinol content" or "THC content" means the sum of the amount of

"Tetrahydrocannabinol (THC)" is a cannabinoid that is the primary psychoactive

"THCA" means tetrahydrocannabinolic acid, Chemical Abstracts Service Number

Section 1-5, Proof of Residency

Sufficient documentation of proof of residency shall include one the following:

(a) An unexpired Oklahoma issued driver’s license;

(b) An Oklahoma voter identification card;

(d) A residential property deed to property in the State Oklahoma; or

Section 1-6, Proof of Identity

(a) Front and back of an Oklahoma Driver’s License;

(b) Front and back of an Oklahoma Identification Card;

Section 1-7, Applicant Photograph

The digital photograph to be submitted with an application shall:

(c) Be in one of the following approved formats:

MEDICAL MARIJUANA CONTROL ORDINANCE

(e) Be taken in front of a plain white or off-white background;

Section 1-8, Recommending Physician Standards

(1) Establishment of a bona fide physician-patient relationship in which physician

(2) Documentation of an in-person medically reasonable assessment of the

MEDICAL MARIJUANA CONTROL ORDINANCE

(4) Discussion of the use of the recommended medical marijuana product.