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Oklahoma Medical Marijuana Laws

by Maxime Kot May 25, 2017

 

Update: On June 26, 2018, Oklahoma residents voted in favor of Question 788, legalizing a state-regulated medical marijuana program. The Department of Health has stated that applications for medical marijuana business licenses will become available by July 26, 2018.

Original Post:

There are 2 proposed medical marijuana laws pending in Oklahoma. Question 788 will be on the November 2018 ballot while H.B 1877 is pending legislation, as of Feb 6, 2017, the bill has been referred to Appropriations and Budget Health Subcommittee for review. 

Question 788

Overview: Oklahoma State Question 788, the Medical Marijuana Legalization Initiative, has qualified to appear on the November 6, 2018 ballot or at an earlier special election date set by the governor. The Initiative would legalize the use of medical marijuana for qualified patients in Oklahoma. It would also allow for the licensing of medical marijuana growers, processors and dispensaries. The Oklahoma State Department of Health would be tasked to regulate the program.

Physician certification& Qualifying conditions: There are no qualifying conditions. All applications for a patient medical license must be signed by an Oklahoma Board certified physician. A medical marijuana license must be recommended according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication.

Regulating Department: The Oklahoma State Department of Health would be tasked to regulate the program. Responsibilities include but not limited to developing rules and regulations, awarding grower/dispensary licenses, processing patient license (cards), etc. 

Medical Marijuana Business Details

Growers License: A licensed commercial grower may only sell marijuana to a licensed retailer or a licensed processor. There are no limits on how much marijuana a licensed grower can grow. The application fee is set at Two Thousand Five Hundred Dollars ($2,500.00). For more information, visit How to Become a Medical Marijuana Grower in Oklahoma.

Processing License: A licensed processor would be allowed to take marijuana plants and distill or process these plants into concentrates, edibles, and other forms for consumption. A licensed processor may sell marijuana products it creates to a licensed retailer, or any other licensed processor. The application fee is set at Two Thousand Five Hundred Dollars ($2,500.00).

Dispensary License: A licensed medical marijuana dispensary may conduct retail sales of marijuana, or marijuana derivatives in the form provided by licensed processors, and these products can only be sold to a medical marijuana patient license holder or their caregiver. Any entity applying for a retail license must be owned by an Oklahoma state resident and must be registered to do business in Oklahoma. The application fee is set at Two Thousand Five Hundred Dollars ($2,500.00). For more information, visit How to Open a Dispensary in Oklahoma.

Zoning: All marijuana businesses must be at least 1,000 feet from a school

Tentative Program Timeline:

 November 6th, 2018 – Initiative passes into law

December of 2018 – Department makes licensing application available

February of 2018 – Rules and Regulations published

TBD – Application submissions for marijuana business liensing

Effective date: November 6th, 2018

Read the entire Initiative (Question 788) here: https://www.sos.ok.gov/documents/questions/788.pdf

 

H.B 1877

Overview: House Bill 1877 also referred to as the Oklahoma Medical Marijuana Act of 2017, if passes, will legalize the use of medical marijuana for qualified patients in Oklahoma. It would also allow for the licensing of 8 cultivation and 40 dispensaries. The Oklahoma State Department of Health, Medical Marijuana Commission and Alcoholic Beverage Laws Enforcement Commission would regulate the program.

Qualifying conditions: Cancer, glaucoma, positive status for human immunodeficiency virus/acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Tourette's syndrome, Crohn's disease, ulcerative colitis, posttraumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer's disease, or the treatment of these conditions, a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment or surgical measures for more than six (6) months; severe nausea; seizures, including without limitation those characteristic of epilepsy; or severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis. 

Regulating Department: The Oklahoma State Department of Health, a newly assembled Medical Marijuana Commission and the Alcoholic Beverage Laws Enforcement Commission will be tasked to regulate the program. Responsibilities include but not limited to developing rules and regulations, awarding grower/dispensary licenses, processing patient license (cards), etc.

Medical Marijuana Business Details

Cultivation: A cultivation facility may grow, prepare, manufacture, process and package usable medical marijuana to sell and deliver to state licensed dispensaries. The Medical Marijuana Commission shall issue at least four but no more than eight cultivation facility licenses. The initial cultivation facility application fee shall be a maximum of Fifteen Thousand Dollars ($15,000.00).

Dispensary: A dispensary may dispense medical marijuana to qualified and registered patients. A dispensary may grow or possess fifty mature marijuana plants at any one time plus seedlings. The Commission shall issue at least 20 but no more than 40 dispensary licenses with no more than 4 dispensaries in any one county. The initial dispensary application fee shall be a maximum of Seven Thousand Five Hundred Dollars ($7,500.00).

Zoning: A Dispensary may not be within one thousand five hundred (1,500)feet of a public school, church or daycare center existing before the date of the dispensary application and a cultivation facility may not be within three thousand (3,000) feet of a public school, church or daycare center existing before the date of the cultivation facility application.

Tentative Program Timeline:  Not later than one hundred twenty (120) days after the effective date of this act, the Medical Marijuana Commission shall adopt rules governing the program. Not later than June 1, 2017, the Commission shall begin accepting applications for licenses to operate a dispensary and cultivation facility.

Read the entire HB 1877 here: https://legiscan.com/OK/text/HB1877/id/1468076/Oklahoma-2017-HB1877-Introduced.pdf

 

Start Drafting Your Application for a Medical Marijuana Business in Oklahoma

DP-OK-Application_Package_Image_large.jpgTo educate yourself more on the application process and start drafting your application, download our Oklahoma Marijuana Business Application Package, which includes:

  • An Informational Overview of Oklahoma’s pending medical marijuana laws
  • An Application Guide and Checklist which gives a detailed summary and checklist of all action items you’ll need to complete before submitting your application
  • A Business Plan Template to help you start drafting the required plans and executive summary for your business
  • A Financial Plan Template to give you and your investors a comprehensive 3-year projection of what you can possibly expect when selling marijuana

And as our special offer to you, you can Apply Code “OK2018” at Checkout for 20% OFF!

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