SECTION 310:681-4-1. License required  


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  • (a)   No person or entity shall operate a research facility or education facility without first obtaining a license from the Department pursuant to 63 O.S. § 420 et seq., the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., other applicable Oklahoma laws, and the Rules in this Chapter. All research and development conducted by a medical marijuana research facility or education facility shall be conducted in furtherance of an approved research project. Only a person who is in compliance with the requirements of Oklahoma law and these Rules shall be entitled to receive or retain such a license.
    (b)   All license applications shall be complete and accurate in every detail, shall include all attachments or supplemental information required by the forms supplied by the Department, and shall be accompanied by full remittance of the entire application fee. Any misstatements, omissions, misrepresentations, or untruths made in the application shall be grounds for administrative action against the licensee by the Department.
    (c)   All research facility and education facility licenses shall be on forms prescribed by the Department.
    (d)   Application fees are nonrefundable.
    (e)   A medical marijuana research facility license may be issued for the following purposes, with the exception that biomedical and clinical research subject to federal regulations and institutional oversight is not subject to licensure or regulation by the Department:
    (1)   To test chemical potency and composition levels;
    (2)   To conduct clinical investigations of marijuana-derived medicinal purposes;
    (3)   To conduct research on the efficacy and safety of administering marijuana as part of a medical treatment;
    (4)   To conduct genomic, horticultural, or agricultural research; and
    (5)   To conduct research on marijuana-affiliated products or systems.
    (f)   A medical marijuana education facility license may be issued for the following purposes, with the exception that biomedical and clinical research subject to federal regulations and institutional oversight is not subject to licensure or regulation by the Department:
    (1)   To test cultivation techniques, strategies, infrastructure, mediums, lighting, and other related technology;
    (2)   To demonstrate cultivation techniques, strategies, infrastructure, mediums, lighting, and other related technology;
    (3)   To demonstrate the application and use of product manufacturing technologies;
    (4)   To conduct genomic, horticultural, or agricultural research; and
    (5)   To conduct research on marijuana-affiliated products or systems.
[Source: Added at 35 Ok Reg 659, eff 8-25-18 (emergency); Reserved at 35 Ok Reg 709, eff 8-25-18 (emergency); Reserved at 36 Ok Reg 1759, eff 9-13-19; Added at 37 Ok Reg 168, eff 11-1-19 (emergency); Added at 37 Ok Reg 1461, eff 9-11-20]