2021 Oklahoma Statutes
Title 63. Public Health and Safety
§63-422. Medical marijuana commercial grower license application – Fee – Criteria for license.
A. The State Department of Health shall, within thirty (30) days of passage of this initiative, make available on its website in an easy-to-find location an application for a commercial grower license. The application fee shall be Two Thousand Five Hundred Dollars ($2,500.00). A method of payment shall be provided on the website of the Department. The State Department of Health shall have ninety (90) days to review the application; approve, reject or deny the application; and mail the approval, rejection or denial letter stating the reasons for the rejection or denial to the applicant.
B. The State Department of Health shall approve all applications which meet the following criteria:
1. The applicant must be twenty-five (25) years of age or older;
2. The applicant, if applying as an individual, must show residency in the State of Oklahoma;
3. All applying entities must show that all members, managers, and board members are Oklahoma residents;
4. An applying entity may show ownership of non-Oklahoma residents, but that percentage ownership may not exceed twenty-five percent (25%);
5. All applying individuals or entities must be registered to conduct business in the State of Oklahoma; and
6. All applicants must disclose all ownership interests in the commercial grower operation.
Applicants with a nonviolent felony conviction in the last two (2) years, any other felony conviction in the last five (5) years, inmates in the custody of the Department of Corrections or any person currently incarcerated shall not qualify for a commercial grower license.
C. A licensed commercial grower may sell marijuana to a licensed dispensary or a licensed processor. Further, sales by a licensed commercial grower shall be considered wholesale sales and shall not be subject to taxation. Under no circumstances may a licensed commercial grower sell marijuana directly to a licensed medical marijuana patient or licensed caregiver. A licensed commercial grower may only sell at the wholesale level to a licensed dispensary, a licensed grower or a licensed processor. If the federal government lifts restrictions on buying and selling marijuana between states, then a licensed commercial grower would be allowed to sell and buy marijuana wholesale from, or to, an out-of-state wholesale provider. A licensed commercial grower shall be required to complete a monthly yield and sales report to the State Department of Health. This report shall be due on the fifteenth of each month and provide reporting on the previous month. This report shall detail the amount of marijuana harvested in pounds, the amount of drying or dried marijuana on hand, the amount of marijuana sold to licensed processors in pounds, the amount of waste in pounds, and the amount of marijuana sold to licensed dispensaries in pounds. Additionally, this report shall show total wholesale sales in dollars. The State Department of Health shall have oversight and auditing responsibilities to ensure that all marijuana being grown by licensed commercial growers is accounted for.
D. There shall be no limits on how much marijuana a licensed commercial grower can grow.
E. Beginning on the effective date of this act, licensed commercial growers shall be authorized to package and sell pre-rolled marijuana to licensed medical marijuana dispensaries. The products described in this subsection shall contain only the ground parts of the marijuana plant and shall not include marijuana concentrates or derivatives. The total net weight of each pre-roll packaged and sold by medical marijuana commercial growers shall not exceed one (1) gram. These products must be tested, packaged and labeled in accordance with Oklahoma law and rules promulgated by the State Commissioner of Health.
Added by Section 3, State Question No. 788, Initiative Petition No. 412, adopted at election held June 26, 2018, eff. July 26, 2018. Amended by Laws 2021, c. 553, § 3, eff. Nov. 1, 2021.
