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Oklahoma Administrative Code (Last Updated: March 11, 2021) |
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TITLE 310. Oklahoma State Department of Health |
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Chapter 681. Medical Marijuana Regulations |
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Subchapter 5. Medical Marijuana Businesses |
SECTION 310:681-5-3. Applications
Latest version.
- (a) Application fee. An applicant for a medical marijuana business, or renewal thereof, shall submit to the Department a completed application on a form and in a manner prescribed by the Department, along with the application fee as established in 63 O.S. §420 et seq. and the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.(b) Submission. Applications for a business license will be accepted by the Department no earlier than sixty (60) days from the date that the State Question is approved by the voters of the State of Oklahoma. The application shall be on the Department prescribed form and shall include the following information about the establishment:(1) Name of the establishment;(2) Physical address of the establishment, including the county in which any licensed premises will be located;(3) GPS coordinates of the establishment;(4) Phone number and email of the establishment; and(5) Hours of operation for any licensed premises.(c) Individual applicant. The application for a business license made by an individual on his or her own behalf 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 residence address and valid mailing address;(3) The applicant's date of birth;(4) The applicant's telephone number and email address;(5) An attestation that the information provided by the applicant is true and correct;(6) An attestation that any licensed premises shall not be located on tribal lands;(7) An attestation that the business has obtained all applicable local licenses and permits for all licensed premises;(8) An attestation that no individual with ownership interest in the business is a sheriff, deputy sheriff, police officer, prosecuting officer, an officer or employee of OMMA, or an officer or employee of a municipality in which the commercial entity is located; and(9) A statement signed by the applicant pledging not to divert marijuana to any individual or entity that is not lawfully entitled to possess marijuana.(d) Application on behalf of an entity. In addition to requirements of Subsection (c), an application for a business license made by an individual on behalf of an entity shall include:(1) An attestation that applicant is authorized to make application on behalf of the entity:(2) Full name of organization;(3) Trade name, if applicable;(4) Type of business organization;(5) Mailing address;(6) Telephone number and email address; and(7) The name, residence address, and date of birth of each owner and each member, manager, and board member, if applicable.(e) Supporting documentation. Each application shall be accompanied by the following documentation:(1) A list of allowners and principal officers of the business applicant and supporting documentation, including, but not limited to: certificate of incorporation, bylaws, articles of organization, operating agreement, certificate of limited partnership, resolution of a board of directors, or other similar documents;(2) If applicable, a certificate of good standing from the Oklahoma Secretary of State issued within thirty (30)days of submission of the application;(3) If applicable, an electronic copy or digital image in color of a sales tax permit issued by the Oklahoma Tax Commission;(4) An Affidavit of Lawful Presence for each owner;(5) If a licensed dispensary, proof that the location of the dispensary is at least one thousand (1,000) feet from a public or private school. The distance specified shall be measured in a straight line from any entrance of any public and private school to the nearest point of the location of the dispensary; and(6) Documents establishing the applicant; and the members, managers, and board members if applicable; and seventy-five percent (75%) of the commercial applicant's ownership interests are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.(A) Applicants seeking to renew a commercial license issued prior to the enactment of the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., shall submit documentation establishing proof of residency in accordance with OAC 310:681-1-6 (relating to proof of residency);(B) All other applicants shall submit documentation establishing proof of residency in accordance with OAC 310:681-5-3.1 (relating to proof of residency for business licenses).(7) A certificate of compliance on a form prescribed or otherwise authorized by the Department that is issued by the political subdivision where the licensed premises is to be located certifying compliance with the categories listed in 63 O.S. § 426.1(E);(8) If applicable, accreditation documentation, including documentation of enrollment in analyte-specific proficiency testing results, showing applicants meet requirements stated in OAC 310:681-8-2(a); and(9) Any further documentation the Department determines is necessary to ensure the commercial applicant is qualified under Oklahoma law and this Chapter to obtain a commercial license.(f) Incomplete application. Failure to submit a complete application with all required information and documentation shall result in a rejection of the application. The Department shall notify the applicant via email through the electronic application account of the reasons for the rejection, and the applicant shall have thirty (30) days from the date of notification to correct and complete the application without an additional fee. If the applicant fails to correct and complete the application within the thirty (30) day period, the application shall expire.(g) Status update letter. If a delay in processing has occurred, the Department shall notify the applicant via email of the delay and the reason for the delay.