Oklahoma Cultivation License and Marijuana Laws
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In June 2018, Oklahoma became the 30th U.S. state to legalize medical marijuana. With a low barrier to entry and minimum startup costs, you can be a part of the Oklahoma “green rush.”
Below, we’ve provided a general outline of what it takes to obtain your Oklahoma grower license and maintain a compliant business. We will continue to update this page as new information becomes available.
Table of Contents
- Oklahoma Marijuana Laws for Growers
- Types of Oklahoma Grower Licenses
- Oklahoma Commercial Grow License Cost
- Oklahoma Commercial Grow License Application Requirements
- Marijuana Compliance in Oklahoma
Oklahoma Marijuana Laws for Growers
While many laws mirror existing best practices in other states, regulations are constantly changing, and there are a few key laws to keep in mind to ensure compliance:
- Licensed growers and processors in the state of Oklahoma are required by law to test all medical marijuana and medical marijuana products in a laboratory licensed by the Oklahoma Medical Marijuana Authority (OMMA) as of July 1st, 2020.
- If managing more than one grow facility, a separate application and non-refundable application fee for each location are required. If managing multiple entities or verticals, you also will need to submit a separate application and non-refundable application fee for each license type (processor, grower, dispensary).
- Oklahoma is dedicated to keeping its marijuana cultivators homegrown. In order to apply for a marijuana grow license, applicants must be an Oklahoma resident, having resided in the state for at least two to five years. This also includes the mandate that 75% of owners are Oklahoma residents.
Types of Oklahoma Grow Licenses
There is only one type of grow license currently for the state of Oklahoma—a medical marijuana grower license. In addition to the grower license, Oklahoma cannabis operators can also obtain a processor and/or dispensary license.
A medical marijuana grower license allows a business to legally grow marijuana for medical purposes in Oklahoma. Licensed growers can sell to licensed processors and licensed dispensaries only. Grower licenses will be in the form of a license certificate. Licensed growers must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
Licensed processors can sell to licensed dispensaries and other licensed processors. Licensed processors may also process marijuana into a concentrated form for a patient license holder for a fee. Processor licenses will be in the form of a license certificate. Licensed processors must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
A medical marijuana dispensary license allows a business to legally sell medical marijuana and medical marijuana products, including mature plants and seedlings. Licensed dispensaries can only sell to patient license holders, caregiver license holders, research license holders, and the parent or legal guardian named on a minor patient’s license. Dispensary licenses will be in the form of a license certificate. Licensed dispensaries must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
Oklahoma Commercial Grow License Cost
The license application fee for growers, processors, and dispensaries is $2,500. This cost is per facility AND per license type. Renewal occurs every year and is $2,500 each.
Oklahoma Commercial Grow License Application Requirements
The application process to obtain an Oklahoma growers license is straight forward. You’ll need to include the following documentation:
- Affidavit of Lawful Presence documentation
- Proof of Oklahoma residency for those persons representing 75% ownership
- Applicants must be at least 25 years old, reside in Oklahoma, and the entities must be registered to conduct business in the state. At least 75 percent of the ownership of entities must be by Oklahoma residents.
- Background checks for each owner
- Certificate of Compliance
- Certificate of Good Standing
- Oklahoma Tax Permit
- Ownership Disclosure documentation
- Ownership list
You can find a detailed checklist of everything you’ll need here.
Marijuana Compliance in Oklahoma
While there has not been a state tracking system selected, all cannabis tracking and reporting are done through the Oklahoma Medical Marijuana Authority. The OMMA created a monthly reporting template that must be submitted on the 15th every month. The monthly reporting template includes:
- The amount of medical marijuana transported to other licensed businesses.
- The number of plants transported to other licensed businesses
- Weight of cannabis purchased at wholesale, tracked by batch numbers
- Weight of cannabis sold to patients, tracked by batch numbers
- Accounting for any waste or destroyed products
- Total sales in dollars
- Tax collected in dollars
- Tax due in dollars
How does 365 Cannabis fulfill this?
365 Cannabis is a true ERP that delivers a complete business management solution, facilitates compliance, and ensures timely and accurate reporting. With a centralized system, you’ll be able to reduce manual and double entry, nearly eliminating human error. With a true cannabis ERP software, you’ll be able to increase efficiency, improve productivity, and grow your cannabis cultivation business.
This article is meant to be a guideline for your reference and is not legal advice. Read more about Oklahoma marijuana regulations here and prepare your application with a cannabis business consultant and/or law firm.
With a low barrier to entry, you can be a part of the Oklahoma “green rush.” Learn about Oklahoma’s cultivation license regulations and requirements.
Can you Grow Marijuana at home in Oklahoma?
In Oklahoma, a person may possess marijuana (cannabis) so long as they have obtained a Medical Marijuana Patient Card from the Oklahoma Medical Marijuana Authority (OMMA).
Medical Marijuana patients may possess up to 3 ounces of cannabis on their person at any time, which means they can actually have this amount in their car or in their purse or with them. At home, a person may store eight ounces in their home (which is half a pound).
But not only can a medical card holder buy and possess marijuana in Oklahoma, but they can also grow their own cannabis plants at home.
Rules for Home-Growing Marijuana in Oklahoma
The first rule is that you must have a medical card.
To get a medical card, you need a recommendation from a doctor. You then take that written recommendation, upload it to the OMMA site, along with a photo ID, and pay the OMMA fee. You will then receive your medical card in the mail a few weeks later.
The next rule is that you must either own the property, or have permission from the owner.
So if you rent your house, you simply need to get written permission from your landlord that you may grow cannabis plants on the property. There are a couple ways to do this.
One, at the time of moving in to the new property, you could add a clause to the least that allows you to grow your cannabis plants on the property. If you already have a lease, you could execute an addendum says the same thing. You would simply type up something that says:
“Owner hereby consents to Tenant growing medical marijuana on the property solely for purposes of Tenant’s personal medical reasons.”
However, the absolute simplest way to get written permission would be to send your landlord an email, asking if you have permission. If the person replies back to the email with an affirmative answer, you could print and save that document as proof that you have permission to grow on the premises.
The third rule to growing cannabis at home in Oklahoma is that your plants cannot be visible from any street that touches your property. So make sure that your plants are out of sight from cars and pedestrians traveling past your home. This is also good policy to prevent or deter theft.
The final rule on growing cannabis at home is that you must abide by the legal plant limits. Currently, Oklahoma law allows a patient card holder to have six mature plants and six immature plants.
A mature plant is defined as one that is producing flower. In other words, once your plant has completed its vegetative growth and has begun flowering, it is considered a mature plant. An immature plant or seedling is simply a cannabis plant that has yet to flower and is still in the vegetative growth phase.
Therefore, if you are cloning, you will want to monitor your cloning activity so that you don’t exceed these limits.
Can you grow for Commercial Purposes at home?
So we’ve covered the basics on home-growing for patients. But what about people who want to work from home? The question here is can you grow commercially at your house? The answer is a bit more nuanced.
Land use is locally governed. Land that is within city limits is subject to the city’s zoning ordinances. Most municipalities categorize property as Residential, Commercial, or Industrial. And within those categories, they further break it down, such as R-1 (single family residence), R-2 (duplex), etc.
Your city has the power to limit what you can do on your property based on where it is located within the city and how it is zoned, and this includes commercial cannabis operations. Therefore, if you want to start a cannabis business, you should first check with your city manager or city zoning department on how the local zoning rules apply to commercial cannabis licensees.
If your city prohibits commercial cultivation on residential properties, then you will not be able to grow “at home” if your “home” is considered a residential property. Most cities in Oklahoma require cultivators to operate on either commercially or industrially zoned areas.
However, if you live on land that is outside of city limits, then your next level of authority is your county, and most counties do not have zoning requirements.
Therefore, it is possible that you could get a commercial grower’s license for property that you live on, so long as local laws allow for commercial growing on that particular piece of property.
Generally speaking, those individuals who live in rural areas, outside of incorporated municipalities, may very well be able to obtain a commercial growers license for either an outdoor grow or for an indoor grow if they have a suitable building on their property.
Cannabis Consulting and Litigation
Travis Charles Smith is an experienced trial lawyer and expert on Oklahoma Cannabis laws. If you would like a consultation or need representation relating to cannabis regulations, call 405-701-6016.
In Oklahoma, a person may possess marijuana (cannabis) so long as they have obtained a Medical Marijuana Patient Card from the Oklahoma Medical Marijuana Authority (OMMA). Medical Marijuana patients may possess up to 3 ounces of cannabis on their person at any time, which means they can actually have this amount in their car or […]