OAC 310:681 8/7/2018. Subchapter 1. General Provisions. Subchapter 1. General Provisions. Medical Marijuana Control Program. 310:

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1 OAC 310:681 Medical Marijuana Cntrl Prgram Subchapter 1. General Prvisins 310: Purpse Regulatry agency: Oklahma Medical Marijuana Authrity, divisin f Oklahma State Department f Health 310: Regulatry prgram established OSDH receives, prcesses and regulates applicatins 310: Limitatins f licenses Only valid in the state f Oklahma 310: Definitins 310: Criminal histry screening requires backgrund check, fingerprints and OBNDD registratin befre dispensary, grwer, prcessr r research license apprved Subchapter 1. General Prvisins 310: Prf f residency 310: Prf f identity 310: Applicant phtgraph 310: Recmmending physician registratin Physician may register with OSDH 310: Recmmending physician standards Physician must be in gd standing with licensure bard; residents nt cnsidered physicians; accepted standards a reasnable and prudent physician wuld fllw when recmmending any medicatin 1

2 Subchapter 2. Medical Marijuana License 310: Applicatin fr patient license Specifies applicatin criteria and accmpanying dcuments, including physician certificatin and recmmendatin; must be submitted within 30 days f physician signature Statutry fee f $100 (r $20 if n Medicare/Medicaid) established in SQ : Applicatin fr patient license fr persns under age 18 Sets frth criteria in additin t 310: , including additinal physician signature; minr cannt smke r vape medical marijuana unless bth physicians agree it is medically necessary 310: Applicatin fr caregivers license Limit f ne caregiver license per patient license (hmebund minrs allwed tw fr parents/legal guardians); physician attestatin f hmebund status, patient attestatin f caregiver designatin; n applicatin fee fr caregiver 310: Withdrawal f caregiver authrizatin Patient may withdraw authrizatin anytime with written ntificatin 310: Applicatin fr temprary patient license Applicatin criteria identical t 310: (a) plus must have ut-f-state medical marijuana license; statutry fee f $100 established in SQ788 Subchapter 2. Medical Marijuana License 310: Term and renewal f medical marijuana license Patient license: 2 years, r until 18 years ld in case f minrs Caregiver license: duratin f patient license Temprary license: 30 days, r expiratin f ut-f-state license 310: Infrmatin cntained n patient and caregiver license Pht, name, date f birth, city/cunty f residence, type f license, expiratin date, and a unique 24-character cntrl number 310: Medical marijuana license verificatin system OSDH required t maintain website and telephne system fr verificatin f patient and transprt license 310: Restrictins n smkable medical marijuana and medical marijuana prducts Smkable and vapable prducts subject t same restrictins as Smking in Public Places and Indr Wrkplaces Act Adult Patient Applicatin What infrmatin is required? Full name Residence and mailing address Date f birth Telephne number and address Infrmatin abut physician Persnal signature dated within 30 days f when applicatin is submitted What dcumentatin is required? Prf f Oklahma residency Prf f identity A clear, clr, full-face phtgraph Adult Patient Physician Recmmendatin Frm dated within 30 days f applicatin submissin If applicable, Medicaid (SnerCare) r Medicare insurance card r enrllment dcumentatin Applicatin fee is $100, r $20 with prf f Medicare/Medicaid enrllment 2

3 Adult Caregiver Applicatin What infrmatin is required? Full name Residence and mailing address Date f birth Telephne number and address Name and patient license number f the patient wh has designated yu as his r her caregiver What dcumentatin is required? Prf f Oklahma residency Prf f identity A clear, clr, full-face phtgraph Adult Patient Caregiver Designatin Frm signed by the patient There is n applicatin fee fr caregiver licenses Minr Patient Applicatin What infrmatin is required? Patient name; parent name Patient and parent residence and mailing address Patient and parent date f birth Patient and parent telephne number and address Infrmatin abut the tw recmmending physicians What dcumentatin is required? Prf f identity f patient and parent; parent prf f residency Clear, clr full face phtgraph f patient and parent First Physician Recmmendatin frm Secnd Physician Recmmendatin frm dated within 30 days after the First Physician Recmmendatin frm and within 30 days befre the applicatin submissin date If applicable, dcumentatin establishing legal guardianship Subchapter 3. Transprtatin License 310: License fr transprtatin f medical marijuana Autmatically issued t qualifying applicants fr a cmmercial license; enables hlder t transprt marijuana frm an Oklahma licensed facility t ther licensed facility (i.e., dispensary, grwer r prcessr) Licensed research establishments may nly transprt frm licensed dispensary t apprved research site 310: Requirements fr transprtatin f marijuana All medical marijuana must be transprted in a lcked cntainer, shielded frm public view and clearly labeled Medical Marijuana r Derivative 3

4 Subchapter 5. Cmmercial Establishments 310: License required 310: Licenses Valid fr 1 year; valid nly fr single lcatin; renewals cnducted in accrdance with 310: , if license nt renewed must cease peratins immediately; licensee must ntify OSDH f changes in infrmatin; licenses nt transferable; and licensee may vluntarily surrender license 310: Applicatins Statutry fee f $2,500 established in SQ788; applicatins accepted 60 days after passage f SQ788; additinal criteria if applying n behalf f entity 310: Inspectins Submissin f applicatin cnstitutes cnsent t annual unannunced fd safety inspectin; additinal inspectins upn cmplaints; OSDH may refer t law enfrcement; licensee has 30 days t crrect deficiencies, r else $500 fee per deficiency Subchapter 5. Cmmercial Establishments 310: Inventry tracking, recrds, reprts and audits Mnthly reprt relating t amunts due n the 15 th f each mnth; business and transactin recrds must be kept fr 7 years; each cmmercial licensee maintains electrnic inventry system; OSDH may perfrm n-site audits 310: Penalties Failure t file timely reprts shall result in licensure revcatin; inaccurate reprts shall be subject t $5,000 fine fr first ffense and licensure revcatin upn secnd ffense; unlawful purchase and sale shall be subject t $5,000 fine fr first ffense and licensure revcatin upn secnd ffense 310: Tax n retail medical marijuana sales 7% tax n grss amunt received; reprts and payments due t Tax Cmmissin n the 20 th f each mnth; as per SQ788, prceeds t OSDH first Subchapter 5. Cmmercial Establishments 310: Cmpsitin f medical marijuana industry expert bard/fd safety standards bard 12 Oklahma residents that are industry experts; Bard will submit recmmendatins t Cmmissiner 310: Standards fr handling and prcessing medical marijuana and medical marijuana prducts Must cnfrm t OSDH rules, 63 O.S et seq. (Fd) and 63 O.S (Drugs, Devices and Csmetics) 310: Medical marijuana waste dispsal All waste must be dispsed f in accrdance with OSDH rules and the Unifrm Dangerus Cntrlled Substances Act 4

5 Subchapter 5. Cmmercial Establishments 310: Marijuana transactin limitatins A single transactin is limited t 3 z. usable marijuana, 1 z. cncentrate, 72 z. marijuana prducts, 6 mature plants and/r 6 seedling plants 310: Lss and theft If lss, theft r diversin suspected, licensee shall ntify OSDH and law enfrcement with 24 hurs 310: Entry t cmmercial establishments N minr may enter unless minr is patient accmpanied by parent r legal guardian 310: Prhibited acts N alchl r marijuana cnsumptin n premises; n emplyees under the age f 18; n delivery; n false advertising r advertising t minrs Subchapter 6. Cmmercial Facilities 310: General security requirements fr cmmercial establishment Shall implement apprpriate security measures t deter and prevent the unauthrized entrance int areas cntaining marijuana and the theft and diversin f marijuana ; cmmercial licenses are respnsible fr all marijuana in premises r in transit 310: Cnstructin f Premises All cmmercial establishments shall meet the standards f all state and lcal electrical, fire, plumbing, waste and building specificatin cdes Subchapter 7. Packaging and Labeling 310: Labeling Labels and packages may nt be attractive t minrs; all medical marijuana and prducts must be in child-resistant packaging; labels must cntain warnings including Keep ut f reach f children. and Wmen shuld nt use marijuana r medical marijuana prducts during pregnancy because f the risk f birth defects. 310: Prhibited prducts Prducts shall nt be intended t be attractive t children r minrs; N cmmercial establishment, ther than a licensed dispensary, shall ffer fr sale any marijuana seedlings r mature plants. 5