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Gov. Kevin Stitt approved OMMA emergency rule updates today, Sept. 11, 2023. A current copy of the rules is posted at omma.ok.gov/rules, and the changes have been summarized below alongside any legislation necessitating the changes:
- All Certificates of Occupancy, Final Inspection Reports and Site Plans must be submitted with any new or renewal license application or location change request. This is similar to a requirement already in place for the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD) registration process. This language is incorporated at OAC 442:10-3-1(d); OAC 442:10-4-3(e)(6); OAC 442:10-5-2(e)(2)(A)(iii); OAC 442:10-5-3(e)(9); and OAC 442:10-9-3(e)(9).
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House Bill 2095 (2023) extends the moratorium on new medical marijuana business licenses to 2026 and implements a national fingerprint-based background check requirement for commercial licensees. It also allows OMMA, OBNDD, the Oklahoma State Bureau of Investigation (OSBI) and the state Attorney General to perform unannounced, on-site inspections and prohibits more than one commercial grower license from being issued for a single property unless a commercial grower has both an indoor and outdoor grow. The bill also adds penalties for medical marijuana businesses intentionally not paying taxes and prohibits commercial growers from employing undocumented immigrants. The changes required by HB 2095 are incorporated into OMMA rules at OAC 442:10-5-3(h); OAC 442:10-1-5(a); OAC 442:10-4-4; OAC 442:10-5-2(b); OAC 442:10-5-6.1(i) and OAC 442:10-5-16(u).
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Senate Bill 1704 (2022) requires employees of commercial licensees to receive a credential from OMMA, authorizing them to work in the medical marijuana industry. This requirement takes effect Jan. 1, 2024. Businesses don’t yet have to take action. OMMA is working on the credentialing process and will make information available when completed. This language is incorporated at OAC 442:10-5-1.1(f) and OAC 442:10-5-16(v).
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House Bill 4056 (2022) requires OMMA to incorporate new rules regarding standardized testing procedures based on recommendations previously submitted to the agency. These new rules will take effect on June 1, 2024. This language is incorporated into new sections of OMMA rules at OAC 442:10-8-6, OAC 442:10-8-6.1, OAC 442:10-8-6.2, OAC 442:10-8-6.3, and OAC 442:10-8-6.4.
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Senate Bill 813 (2023) allows OMMA to operate a quality assurance laboratory and clarifies the secret shopper program and tiered licensing requirements. The changes required by SB 813 are incorporated into OMMA rules at OAC 442:10-1-4; OAC 442:10-5-2(b); OAC 442:10-5-3(e)(15); OAC 442:10-5-6(b)(6)(A); OAC 442:10-5-4(l) and OAC 442:10-8-5.
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Senate Bill 913 (2023) requires commercial medical marijuana growers to have a surety bond or proof of land ownership. This is the same requirement included in the emergency rules that took effect July 3, described at omma.ok.gov/bond and in a July 6 email to licensees. This requirement is reincorporated into OMMA rules at OAC 442:10-5-1.1; OAC 442:10-5-2(e); OAC 442:10-5-3(e)(13); OAC 442:10-5-3.3; and OAC 442:10-5-16(t).
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Senate Bill 18X (2023) makes OMMA an appropriated agency with the Legislature setting our budget annually. This language is incorporated at OAC 442:10-5-7(h).
Need More Information?
This is the third of three recent updates to OMMA rules, the timeline for which OMMA initially described in a July 6 email to licensees.
OMMA has a Rulemaking Process page on our website that explains how emergency rules and permanent rules come into effect.
OMMA sends licensees information about the annual rulemaking process, including public comment opportunities, in newsletters and other email updates. You can also follow us on Facebook, X (formerly known as Twitter) and Instagram for timely information about rulemaking.
Visit omma.ok.gov/rules at any time for a current copy of the rules and go to omma.ok.gov/contact if you have questions or comments.
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