Clearing the haze around Oklahoma Weed Laws clouding the marijuana business.

 

 

In June of 2018 Oklahoma Weed Laws were changed and navigating through the cloudy legalities began. The newly adopted law was simple. Weed is illegal for recreational use; however, it is legal for medicinal purposes so long as the buyer had applied and obtained a state-issued license.

Conversely, CBD oil derived from industrial hemp is legal to procure without a license. The challenges to 2021 brought even more changes to the state’s medical marijuana program, including a new seed-to-sale system and quality assurance lab, and ongoing proposals in legislative sessions could mean even more.

Let’s review:

Recreational Cannabis in Oklahoma
At the moment, Oklahoma does not permit the use of recreational cannabis. Though cannabis laws are changing in some states, Oklahoma still limits cannabis consumption to those with certain medical problems.

Thanks to State Question 7890, all marijuana charges in the state of Oklahoma are misdemeanor charges. It does not matter if the individual in question has a single marijuana offense or dozens of marijuana offenses; the possession charge will remain as a misdemeanor. The same charge assigned to a traffic ticket.

Oklahoma Weed Laws
Oklahoma Weed Laws

Money, Money, Money, Money.
Here’s the rub:  Oklahoma has a tax stamp law for those found with cannabis.  Those in possession of illegal marijuana are forced to buy a stamp issued by the state of Oklahoma.  This stamp is placed on the contraband. The per gram tax stamp rate is currently $3.50.

Those who do not comply with the tax stamp law will face a penalty that is 200 times as severe as the tax stamp rate. Clever way of assigning an addition fee to a minor charge, but one that could become very pricey.

Dispensary Control
Because possessing, using, and selling marijuana is illegal at the federal level, medical marijuana dispensaries face not only the normal legal issues that all businesses face, but also strict compliance issues. In this business, retaining a marijuana dispensary lawyer, experienced and fully versed in Oklahoma Weed Laws is a must.

From the standard legalities typical businesses face such as corporate formation and filing, taxes, staffing and payroll to follow.  Depending on the type of corporation formation chosen, Dispensaries may be required to draft articles of incorporation, bylaws and an array of required documentation, very much in line with standard corporate procedures.

Location, Location Location.
As with any business, choosing the right location is key.  The laws surrounding zoning and location of a dispensary are tricky.  Having a knowledgeable expert in Oklahoma Weed Laws is key to success.

Supply Chain & Oklahoma Weed Laws.
The daunting laws surrounding all aspects of the supply chain process is probably one of the hardest tasks to develop and execute successfully.   There are strict transportation and reporting rules that must be adhered to.

Dispensaries must be careful to manage, track, and transport all medical marijuana and medical marijuana products with software and security measures sufficient to comply with Oklahoma statutes, rules, and regulations.

All product management software programs used by a dispensary must meet OMMA requirements. In addition, OMMA requires monthly reporting of products and sales.

Oklahoma Weed Laws

Additional Considerations Surrounding Oklahoma Weed Laws

One of the biggest issues dispensaries face is compliance with Oklahoma Medical Marijuana Authority (OMMA). Every aspect of the business from formation to daily operations is marred by Oklahoma Weed Laws and compliancy issues, making business extremely complicated.

A dispensary must be licensed by OMMA. Dispensaries must meet certain requirements to get a dispensary license. A medical marijuana dispensary may sell medical marijuana or other cannabis-related products provided by licensed processors only.

All owners, regardless of percentage must be disclosed AND pass criminal background checks, age and residency restrictions.  The dispensary must also file a Certificate of Compliance showing that it is in compliance with other municipal and county ordinances. Certificates of Compliancy to Oklahoma Weed Laws are only valid for a period of one year.

And if that wasn’t enough, ongoing compliance monitoring is required.  Obtaining and keeping the license is fundamental to the business.  Licensed dispensaries are bound to a ridged compliance program that must be monitored and reported, internally and otherwise.

Because this legal terrain keeps shifting, it is necessary to have a specialized attorney who knows all aspects surrounding Oklahoma Weed Laws to be by your side. Making a mistake can mean the end of your license and the loss of money invested