Oklahoma Medical Marijuana Control Program - Licensing Information

1. OAC 310:681 Medical Marijuana Control Program

2. Subchapter 1. General Provisions • 310:681-1-1. Purpose • Regulatory agency: Oklahoma Medical Marijuana Authority, division of Oklahoma State Department of Health • 310:681-1-2. Regulatory program established • OSDH receives, processes and regulates applications • 310:681-1-3. Limitations of licenses • Only valid in the state of Oklahoma • 310:681-1-4. Definitions • 310:681-1-5. Criminal history screening • requires background check, fingerprints and OBNDD registration before dispensary, grower, processor or research license approved

3. Subchapter 1. General Provisions • 310:681-1-6. Proof of residency • 310:681-1-7. Proof of identity • 310:681-1-8. Applicant photograph • 310:681-1-9. Recommending physician registration • Physician may register with OSDH • 310:681-1- 9.1. Recommending physician standards • Physician must be in good standing with licensure board; residents not considered physicians; “accepted standards a reasonable and prudent physician would follow when recommending any medication”

4. Subchapter 2. Medical Marijuana License • 310:681-2-1. Application for patient license • Specifies application criteria and accompanying documents, including physician certification and recommendation; must be submitted within 30 days of physician signature • Statutory fee of $100 (or $20 if on Medicare/Medicaid) established in SQ788 • 310:681-2-2. Application for patient license for persons under age 18 • Sets forth criteria in addition to 310:681-2-1, including additional physician signature; minor cannot smoke or vape medical marijuana unless both physicians agree it is medically necessary • 310:681-2-3. Application for caregivers license • Limit of one caregiver license per patient license (homebound minors allowed two for parents/legal guardians); physician attestation of homebound status, patient attestation of caregiver designation; no application fee for caregiver • 310:681-2-3.1. Withdrawal of caregiver authorization • Patient may withdraw authorization anytime with written notification • 310:681-2-4. Application for temporary patient license • Application criteria identical to 310:681-2-1(a) plus must have out-of-state medical marijuana license; statutory fee of $100 established in SQ788

5. Subchapter 2. Medical Marijuana License • 310:681-2-5. Term and renewal of medical marijuana license • Patient license: 2 years, or until 18 years old in case of minors • Caregiver license: duration of patient license • Temporary license: 30 days, or expiration of out-of-state license • 310:681-2-6. Information contained on patient and caregiver license • Photo, name, date of birth, city/county of residence, type of license, expiration date, and a unique 24-character control number • 310:681-2-7. Medical marijuana license verification system • OSDH required to maintain website and telephone system for verification of patient and transport license • 310:681-2-11. Restrictions on smokable medical marijuana and medical marijuana products • Smokable and vapable products subject to same restrictions as “Smoking in Public Places and Indoor Workplaces Act”

6. Adult Patient Application What information is required? • Full name • Residence and mailing address • Date of birth • Telephone number and email address • Information about physician • Personal signature dated within 30 days of when application is submitted What documentation is required? • Proof of Oklahoma residency • Proof of identity • A clear, color, full-face photograph • Adult Patient Physician Recommendation Form dated within 30 days of application submission • If applicable, Medicaid (SoonerCare) or Medicare insurance card or enrollment documentation • Application fee is $100, or $20 with proof of Medicare/Medicaid enrollment

7. Adult Caregiver Application What information is required? Full name Residence and mailing address Date of birth Telephone number and email address Name and patient license number of the patient who has designated you as his or her caregiver What documentation is required? Proof of Oklahoma residency Proof of identity A clear, color, full-face photograph Adult Patient Caregiver Designation Form signed by the patient There is no application fee for caregiver licenses

8. Minor Patient Application What information is required? Patient name; parent name Patient and parent residence and mailing address Patient and parent date of birth Patient and parent telephone number and email address Information about the two recommending physicians What documentation is required? Proof of identity of patient and parent; parent proof of residency Clear, color full face photograph of patient and parent First Physician Recommendation form Second Physician Recommendation from dated within 30 days after the First Physician Recommendation form and within 30 days before the application submission date If applicable, documentation establishing legal guardianship

9. Subchapter 3. Transportation License • 310:681-3-1. License for transportation of medical marijuana • Automatically issued to qualifying applicants for a commercial license; enables holder to transport marijuana from an Oklahoma licensed facility to other licensed facility (i.e., dispensary, grower or processor) • Licensed research establishments may only transport from licensed dispensary to approved research site • 310:681-3-2. Requirements for transportation of marijuana • All medical marijuana must be transported in a locked container, shielded from public view and clearly labeled “Medical Marijuana or Derivative”

10. Subchapter 5. Commercial Establishments • 310:681-5-1. License required • 310:681-5-2. Licenses • Valid for 1 year; valid only for single location; renewals conducted in accordance with 310:681-5-3, if license not renewed must cease operations immediately; licensee must notify OSDH of changes in information; licenses not transferable; and licensee may voluntarily surrender license • 310:681-5-3. Applications • Statutory fee of $2,500 established in SQ788; applications accepted 60 days after passage of SQ788; additional criteria if applying on behalf of entity • 310:681-5-4. Inspections • Submission of application constitutes consent to annual unannounced food safety inspection; additional inspections upon complaints; OSDH may refer to law enforcement; licensee has 30 days to correct deficiencies, or else $500 fee per deficiency

11. Subchapter 5. Commercial Establishments • 310:681-5-6. Inventory tracking, records, reports and audits • Monthly report relating to amounts due on the 15th of each month; business and transaction records must be kept for 7 years; each commercial licensee maintains electronic inventory system; OSDH may perform on-site audits • 310:681-5-6.1. Penalties • Failure to file timely reports shall result in licensure revocation; inaccurate reports shall be subject to $5,000 fine for first offense and licensure revocation upon second offense; unlawful purchase and sale shall be subject to $5,000 fine for first offense and licensure revocation upon second offense • 310:681-5-7. Tax on retail medical marijuana sales • 7% tax on gross amount received; reports and payments due to Tax Commission on the 20th of each month; as per SQ788, proceeds to OSDH first

12. Subchapter 5. Commercial Establishments • 310:681-5-8. Composition of medical marijuana industry expert board/food safety standards board • 12 Oklahoma residents that are industry experts; Board will submit recommendations to Commissioner • 310:681-5-9. Standards for handling and processing medical marijuana and medical marijuana products • Must conform to OSDH rules, 63 O.S. § 1-1101 et seq. (Food) and 63 O.S. § 1-1401 (Drugs, Devices and Cosmetics) • 310:681-5-10. Medical marijuana waste disposal • All waste must be disposed of in accordance with OSDH rules and the Uniform Dangerous Controlled Substances Act

13. Subchapter 5. Commercial Establishments • 310:681-5-12. Marijuana transaction limitations • A single transaction is limited to 3 oz. usable marijuana, 1 oz. concentrate, 72 oz. marijuana products, 6 mature plants and/or 6 seedling plants • 310:681-5-13. Loss and theft • If loss, theft or diversion suspected, licensee shall notify OSDH and law enforcement with 24 hours • 310:681-5-17. Entry to commercial establishments • No minor may enter unless minor is patient accompanied by parent or legal guardian • 310:681-5-18. Prohibited acts • No alcohol or marijuana consumption on premises; no employees under the age of 18; no delivery; no false advertising or advertising to minors

14. Subchapter 6. Commercial Facilities • 310:681-6-1. General security requirements for commercial establishment • “Shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft and diversion of marijuana”; commercial licenses are responsible for all marijuana in premises or in transit • 310:681-6-2. Construction of Premises • All commercial establishments shall meet the standards of all state and local electrical, fire, plumbing, waste and building specification codes

15. Subchapter 7. Packaging and Labeling • 310:681-7-1. Labeling • Labels and packages may not be attractive to minors; all medical marijuana and products must be in child-resistant packaging; labels must contain warnings including “Keep out of reach of children.” and “Women should not use marijuana or medical marijuana products during pregnancy because of the risk of birth defects.” • 310:681-7-2. Prohibited products • Products shall not be intended to be attractive to children or minors; “No commercial establishment, other than a licensed dispensary, shall offer for sale any marijuana seedlings or mature plants.”