 Updates to OMMA permanent rules take effect today, July 25, 2024, affecting commercial license requirements, testing laboratory standardization, OMMA operations and other areas.
See a copy of the rules and information about how rules are made on our Rulemaking Process webpage. A current copy of OMMA rules is always available at omma.ok.gov/rules.
Based on feedback received last winter during the public comment period and public hearing, OMMA provided clarification on who doesn’t need to apply for an employee credential (OAC 442:10-5-1.1) and made minor changes to testing requirements that improve and ensure patient safety (OAC 442:10-8). OMMA received and individually replied to 187 comments, 162 written and 25 verbal, submitted by businesses, patients and the public during the comment period.
The permanent rule updates include changes required by new state laws. The rules:
- Strengthen patient safety guardrails with testing laboratory standardization requirements. OAC 442:10-8-1, OAC 442:10-8-2, OAC 442:10-8-3, OAC 442:10-8-4, and OAC 442:10-8-5.
- Require employees of a medical marijuana business to apply for and receive a credential authorizing the employee to work in a licensed medical marijuana business. OAC 442:10-5-1.1(f) and OAC 442:10-5-16(v).
- Implement changes to commercial licensing fees. OAC 442:10-1-4, OAC 442:10-5-2(b), OAC 442:10-5-3(e)(15), and OAC 442:10-5-6(b)(6)(A).
- Clarify requirements for a national fingerprint background check conducted by the Oklahoma State Bureau of Investigation (OSBI). OAC 442:10-1-5(a).
- Clarify requirements for certificates of occupancy (COOs). 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).
- Clarify requirements for tagging and storing products. OAC 442:10-1-4, OAC 442:10-4-5(f)(3), OAC 442:10-4-5(d)(2)(D), OAC 442:10-5-4(c), OAC 442:10-5-6(d)(2)(D), OAC 442:10-5-6(f)(3), OAC 442:10-7-1(g), OAC 442:10-9-7(b)(2)(D), and OAC 442:10-9-7(d)(3).
- Allow OMMA to employ secret shoppers to inspect licensed medical marijuana businesses. OAC 442:10-5-4(l).
- Allow OMMA to operate a quality assurance laboratory or contract those services with a private lab. OAC 442:10-8-5.
- Establish a voluntary process validation program for commercial licensees. OAC 442:10-11-1.
- Clarify requirements for grower bonds. 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).
- Clarify location requirements for commercial grower licenses issued for any one property. OAC 442:10-5-2(b).
- Prohibit growers from hiring undocumented immigrants. OAC 442:10-5-16(u).
- Provide penalties for not remitting taxes. OAC 442:10-5-6.1(h).
- Extend the moratorium on processing and issuing new medical marijuana business licenses. OAC 442:10-5-3(h).
- Clarify patient information required to be reported in the state inventory tracking system. OAC 442:10-5-6(c) and OAC 442:10-5-6(d).
- Reflect changes to OMMA’s funding and revenue as appropriated by the Legislature. OAC 442:10-5-7(h).
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