|
Today, the Oklahoma Medical Marijuana Authority (OMMA) issued an Agency Rule Report after a public comment period that spanned Nov. 15 to Dec. 17, 2024, and ended with a public hearing held at the state Capitol.
In all, OMMA received and responded to 283 comments (259 written and 24 verbal) from patients, businesses and the general public. When creating the rule report, OMMA considered the comments received, clarified rules and made note for future rulemaking discussions.
As part of the rulemaking process, the rule report was submitted to Gov. Kevin Stitt and the Legislature for consideration during the upcoming legislative session set to begin at noon on Monday, Feb. 3. Pending approval from the Governor, these rules will take effect later in 2025.
The Agency Rule Report is available at omma.ok.gov/comment, but here are some key points from the report:
Pre-Packaging: About 70% of the comments received addressed the pre-packaging requirements pursuant to House Bill 3361 (2024), and OMMA worked to ensure the proposed pre-packaging rule changes were limited to the statutory requirements outlined in state statute to minimize disruption to businesses and patients. Based on public comments regarding returned products, OMMA made minor changes to the rules at OAC 442:10-3-6(g)(2), OAC 442:10-3-6(i), and OAC 442:10-7-1(b) to clarify product that is eligible for return. Medical marijuana products that are defective or hazardous to the health of the patient may be returned to a dispensary at OAC 442:10-7-1(b). Medical marijuana or medical marijuana product that is rejected, refused, and/or sent back to the originating licensee upon rejection and/or refusal to accept delivery shall not be considered medical marijuana waste, provided the medical marijuana or medical marijuana product is immediately sent back to the originating licensee upon rejection and/or refusal to accept delivery, at OAC 442:10-3-6(g)(2), OAC 442:10-3-6(i), and OAC 442:10-7-1(b).
Testing: Nearly 16% of the comments received addressed testing, including final form testing pursuant to Senate Bill 1635 (2024) and increased pesticide testing requirements. Based on public comments regarding testing requirements, OMMA made changes to the rules at OAC 442:10-8-1(5)(A) to modify some of the required pesticide testing thresholds and clarify the time frame for testing the expanded pesticide list. Testing for specific pesticide analytes and allowable thresholds required until March 1, 2026, is located at OAC 442:10-8-1(5)(A)(i). Beginning March 1, 2026, testing for certain pesticide analytes and allowable thresholds located at OAC 442:10-8-1(5)(A)(i) will be required, replacing previous analytes and allowable thresholds in OAC 442:10-8-1(5)(A)(i). Beginning Dec. 1, 2026, testing for additional pesticide analytes and allowable thresholds at OAC 442:10-8-1(5)(A)(ii) will be required. These proposed permanent rules will expand OMMA’s ability to protect the health and safety of all licensees by increasing the number of required pesticide analytes tested. We recognize there are costs of compliance associated with these additional pesticide testing requirements, but the amendments are necessary to ensure safe medical marijuana products for licensed patients in the state. To minimize disruption on businesses and licensed patients, updated pesticide testing requirements will be phased in beginning March 1, 2026, and further expanded beginning Dec. 1, 2026. OMMA also made changes to OAC 442:10-8-1(i)(5)(B) to clarify that Gas Chromatography Tandem Mass Spectrometry (GC-MS/MS) may also be used.
### |
