§ 427.14. Medical marijuana business license--Requirements
Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: November 1, 2022
Effective: November 1, 2022
63 Okl.St.Ann. § 427.14
§ 427.14. Medical marijuana business license--Requirements
<Text as amended by Laws 2021, c. 553, § 17, Laws 2022, c. 251, § 15, and Laws 2022, c. 328, § 2. See, also, text as amended by Laws 2021, c. 584, § 8, text as amended by Laws 2021, c. 553, § 17, Laws 2022, c. 332, § 4, and Laws 2023, c. 41, § 1, and text as amended by Laws 2021, c. 553, § 17, Laws 2022, c. 332, § 4, Laws 2023, c. 168, § 5, and Laws 2023, c. 322, § 7.>
f. proof that the medical marijuana business, medical marijuana research facility, medical marijuana education facility and medical marijuana waste disposal facility applicant or licensee has not been convicted of a nonviolent felony in the last two (2) years, or any other felony conviction within the last five (5) years, is not a current inmate in the custody of the Department of Corrections, or currently incarcerated in a jail or corrections facility;
8. There shall be no limit to the number of medical marijuana business licenses or categories that an individual or entity can apply for or receive, although each application and each category shall require a separate application and application fee. A commercial grower, processor and dispensary, or any combination thereof, are authorized to share the same address or physical location, subject to the restrictions set forth in the Oklahoma Medical Marijuana and Patient Protection Act;
9. All applicants for a medical marijuana business license, research facility license or education facility license authorized by the Oklahoma Medical Marijuana and Patient Protection Act, or for a renewal of such license, shall undergo a state criminal history background check conducted by the Oklahoma State Bureau of Investigation (OSBI) within thirty (30) days prior to the application for the license including:
11. In order to be considered a resident of this state for purposes of a medical marijuana business application, all applicants shall provide proof of state residency for at least two (2) years immediately preceding the date of application or five (5) years of continuous state residency during the preceding twenty-five (25) years immediately preceding the date of application. Sufficient documentation of proof of state residency shall include a combination of the following:
Applicants that were issued a medical marijuana business license prior to August 30, 2019, are hereby exempt from the two-year or five-year state residence requirement mentioned above;
2. Approved applicants shall be issued a medical marijuana business license for the specific category applied under, which shall act as proof of their approved status. Rejection and denial letters shall provide a reason for the rejection or denial. Applications may only be rejected or denied based on the applicant not meeting the standards set forth in the provisions of the Oklahoma Medical Marijuana and Patient Protection Act and Sections 420 through 426.1 of this title, improper completion of the application, or for a reason provided for in the Oklahoma Medical Marijuana and Patient Protection Act and Sections 420 through 426.1 of this title. If an application is rejected for failure to provide required information, the applicant shall have thirty (30) days to submit the required information for reconsideration. No additional application fee shall be charged for such reconsideration. Unless the Authority determines otherwise, an application that has been resubmitted but is still incomplete or contains errors that are not clerical or typographical in nature shall be denied.
8. A person who was involved in the management or operations of any medical marijuana business, medical marijuana research facility, medical marijuana education facility or medical marijuana waste disposal facility that, after the initiation of a disciplinary action, has had a medical marijuana license revoked, not renewed, or surrendered during the five (5) years preceding submission of the application and for the following violations:
K. All applicants and licensees shall submit information to the Authority in a full, faithful, truthful and fair manner. The Authority may recommend denial of an application where the applicant or licensee made misstatements, omissions, misrepresentations or untruths in the application or in connection with the background investigation of the applicant. This type of conduct may be grounds for administrative action against the applicant or licensee. Typos and scrivener errors shall not be grounds for denial.
L. A licensed medical marijuana business premises shall be subject to and responsible for compliance with applicable provisions consistent with the zoning where such business is located as described in the most recent versions of the Oklahoma Uniform Building Code, the International Building Code and the International Fire Code, unless granted an exemption by a municipality or appropriate code enforcement entity.
N. A medical marijuana business, medical marijuana research facility, medical marijuana education facility or medical marijuana waste disposal facility that attempts to renew its license after the expiration date of the license shall pay a late renewal fee in an amount to be determined by the Executive Director of the Authority to reinstate the license. Late renewal fees are nonrefundable. A license that has been expired for more than ninety (90) days shall not be renewed.
P. A medical marijuana business license holder shall require all individuals employed under their license to be issued a credential pursuant to the provisions of Section 3 of this act1 prior to employment.
Credits
Laws 2019, c. 11, § 14; Laws 2019, c. 509, § 6; Laws 2020, c. 161, § 51, emerg. eff. May 21, 2020; Laws 2021, c. 553, § 17, eff. Nov. 1, 2021; Laws 2022, c. 251, § 15, eff. Nov. 1, 2022; Laws 2022, c. 328, § 2, eff. Nov. 1, 2022.
Footnotes
Title 63, § 14a.
63 Okl. St. Ann. § 427.14, OK ST T. 63 § 427.14
Current with emergency effective legislation through Chapter 106 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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