SECTION 310:681-3-3. Transporter agent license

(a)   License required. Only agents, employees, officers, or owners of commercial transporters, growers, processors, or dispensaries who are issued a transporter agent license by the Department shall be qualified to transport medical marijuana or medical marijuana products.

(b)   Application fee. Either the individual applicant for a transporter agent license or the business licensee employing the applicant shall submit the transporter agent license application or any renewal application to the Department on a form and in a manner prescribed by the Department, along with the annual application fee of $100.00 as established in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.

(c)   Submission. The application for a transporter agent license shall be on the Department prescribed form and shall include at a minimum:

(1)   The applicant's first name, middle name, last name, and suffix, if applicable;

(2)   The applicant's residential address and valid mailing address;

(3)   The applicant's date of birth;

(4)   The applicant's telephone number and email address;

(5)   The applicant's Oklahoma driver license number and expiration date;

(6)   An affidavit of lawful presence signed by the transporter agent applicant;

(7)   An attestation that the transporter agent applicant shall not divert medical marijuana or medical marijuana products to any entity or individual that is not lawfully entitled to possess;

(8)   An attestation that the transporter agent understands and/or has been notified that the business licensee identified as the employer in the application may terminate the transporter agent license at any time; and

(9)   An attestation that the information provided in the application is true and correct.

(d)   Supporting documentation. A complete application shall include the following documentation:

(1)   A copy of the applicant's valid, unexpired Oklahoma driver license;

(2)   Documents establishing the applicant is an Oklahoma resident as established in OAC 310:681-5-3.1 (relating to proof of residency for business licensees);

(3)   A digital photograph as established in OAC 310:681-1-8 (relating to applicant photograph).

(4)   An employment verification form prescribed by the Department verifying the applicant's employment with a commercial transporter, grower, processor, or dispensary; and

(5)   A criminal background check conducted by the Oklahoma State Bureau of Investigation establishing that the applicant does not have a disqualifying criminal conviction.

(e)   License term. A transporter agent license shall be valid for one year, unless the license is deactivated by the business licensee employing the transporter agent, voluntarily surrendered, or revoked by the Department. Transporter agent licenses shall not extend beyond the expiration, surrender, or revocation of the business license of the commercial transporter, grower, processor, or dispensary employing the transporter agent.

(f)   Renewal. It is the responsibility of the license holder to renew the license, with all applicable documentation, prior to the date of expiration of the license by following the procedures provided in OAC 310:681-3-3. The Department may refuse to renew a license of a transporter agent for the following:

(1)   Failure to meet the requirements for licensure set forth in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., or OAC 310:681.

(2)   Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medial Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq.; or OAC 310:681.

[Source: Added at 37 Ok Reg 13, eff 9-14-19 (emergency); Added at 37 Ok Reg 168, eff 11-1-19 (emergency); Added at 37 Ok Reg 1461, eff 9-11-20]