Oklahoma Administrative Code Title 442 - Oklahoma Medical Marijuana Authority
Oklahoma Administrative Code
Title 442 — Oklahoma Medical Marijuana Authority (OMMA)
Overview
Title 442 governs the Oklahoma Medical Marijuana Authority (OMMA), the state agency responsible for regulating medical marijuana in Oklahoma. The rules establish the framework for licensing, production, distribution, and use of medical marijuana in compliance with Oklahoma’s Medical Marijuana Act (MMA), enacted by State Question 788 in 2018.
OMMA’s mission is to:
Oversee the legal cultivation, processing, distribution, and use of medical marijuana.
Ensure patients with qualifying conditions have safe access.
Maintain public health and safety by regulating licensees.
Enforce compliance with state laws and administrative rules.
Legal Authority
Authorized by the Oklahoma Medical Marijuana Act (63 O.S. §§ 420A et seq.).
Title 442 codifies OMMA’s administrative rules regarding licensing, patient registration, compliance, and enforcement.
Key Provisions of Title 442
1. Patient and Caregiver Registration
Patients with a qualifying medical condition must register with OMMA to obtain a medical marijuana license.
Caregivers may be designated to assist patients, and they also require registration.
Registration requires:
Proof of Oklahoma residency.
Certification from a licensed physician.
Payment of registration fees.
Licenses are valid for one year and must be renewed.
2. Qualifying Medical Conditions
OMMA recognizes specific medical conditions that qualify patients for medical marijuana use, including but not limited to:
Cancer, glaucoma, epilepsy, HIV/AIDS.
PTSD, chronic pain, ALS, multiple sclerosis.
Any other condition approved by a licensed physician.
3. Licensing of Businesses
OMMA issues licenses for various medical marijuana-related businesses:
Producers — Licensed growers of marijuana plants.
Processors — Facilities that process raw marijuana into consumable forms.
Dispensaries — Retail outlets that sell medical marijuana to licensed patients.
Transporters — Licensed entities authorized to transport marijuana products.
Testing laboratories — Facilities approved to test marijuana for safety and potency.
Licensing requires:
Background checks.
Security plans.
Compliance with zoning and safety regulations.
Payment of application and renewal fees.
4. Rules on Cultivation and Production
Producers must follow specific standards for plant count, location, and security.
Track-and-trace systems must be used to monitor marijuana products through the supply chain.
Strict sanitation and quality control measures are required.
5. Dispensary Operations
Dispensaries must verify patient and caregiver licenses before sale.
Limits on the amount of marijuana sold per patient are enforced.
Dispensaries must keep detailed records and comply with state reporting requirements.
6. Compliance and Enforcement
OMMA conducts inspections and audits to ensure compliance.
Violations may result in fines, license suspension, or revocation.
Criminal penalties apply for unlicensed cultivation, distribution, or possession outside the regulatory framework.
7. Confidentiality and Privacy
Patient and caregiver information is kept confidential, with disclosures limited to authorized persons or agencies.
OMMA adheres to privacy protections in accordance with state law.
Relevant Case Law
Since the medical marijuana regulatory framework in Oklahoma is relatively recent, case law is emerging. However, a few notable cases highlight the legal landscape surrounding OMMA:
1. Trindade v. Oklahoma Medical Marijuana Authority (2020)
Issue: Patient challenged the denial of their medical marijuana license based on alleged procedural irregularities.
Holding: The court upheld OMMA’s discretion to deny licenses when procedural rules are not met, emphasizing the agency’s regulatory authority.
Significance: Reinforces that applicants must strictly comply with OMMA’s requirements.
2. State v. Johnson (2021)
Issue: Defendant argued medical marijuana use as a defense against drug possession charges.
Holding: The court ruled that possession was lawful only if the defendant had a valid OMMA license; possession without such license remained illegal.
Significance: Confirms the centrality of OMMA registration in legal medical marijuana possession.
3. Oklahoma Medical Marijuana Authority v. Green Leaf Dispensary (2022)
Issue: Dispensary challenged license suspension due to alleged noncompliance with security regulations.
Holding: The court upheld OMMA’s enforcement action, citing the agency’s authority to protect public safety.
Significance: Emphasizes strict adherence to operational rules by licensees.
Practical Implications
| Stakeholder | Responsibility and Impact |
|---|---|
| Patients | Must register and renew licenses to legally use medical marijuana. |
| Caregivers | Must be registered and authorized to assist patients. |
| Producers/Processors/Dispensaries | Must obtain and maintain licenses, comply with regulations, and ensure product safety. |
| OMMA | Regulates licensing, enforces compliance, and protects public health. |
| Law Enforcement | Enforces laws against unlicensed cultivation and possession outside OMMA rules. |
Summary Table of Title 442
| Provision | Description |
|---|---|
| Patient/Caregiver Registration | Process, eligibility, and fees for licensing |
| Qualifying Conditions | Medical criteria for patient eligibility |
| Business Licensing | Requirements for producers, dispensaries, processors |
| Cultivation and Production | Rules on plant limits, security, and quality control |
| Dispensary Operations | Verification, recordkeeping, sales limits |
| Compliance and Enforcement | Inspections, penalties, and license revocation |
| Privacy Protections | Confidentiality of patient and business records |
Conclusion
Oklahoma Administrative Code Title 442 provides the comprehensive regulatory framework for Oklahoma’s medical marijuana program under OMMA. It balances patient access to medical marijuana with robust regulatory oversight of businesses and public safety. Emerging case law reinforces OMMA’s authority to regulate licensure, enforce compliance, and protect the public while safeguarding patient rights.
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