effective November 1, 2021

OMMA Emergency Rules

What's new for dispensaries?
On November 2, 2021 OMMA sent an email with the subject line: Commercial Licensee Update to answer questions about the new rules. 
When asked which rules to follow, OMMA said the governor's signature is needed before the rules go into effect. And they expect his signature this week. 

OMMA drafted the rules to comply with House Bill 2646 that went into effect on November 1, 2021. So, even though the emergency rules aren't official, the regulations they were written to follow are in full effect. 

These emergency rules will be permanent rules in September 2022. 

OMMA's emergency rule roadmap.
The comment period is now open. There is a public hearing scheduled for Wednesday, December 1 from 9:30am to 12:30pm at the Oklahoma State Capitol, Room 535
These are some of the changes that apply to dispensaries:
Sample Containers
A sample of no more than 3 grams of flower can be displayed for patients to look at and smell.
The sample must be in a container with a mesh screen and labeled "Sample: not for retail sale."
The label must also state:
  • the name of the licensed grower,
  • the strain name and
  • the batch number.  

310:681-5-14. Handling of medical marijuana by dispensary [New]. (a) A medical marijuana dispensary may display samples of marijuana of no more than three (3) grams in separate display cases, jars, or other containers protected by a plastic or metal mesh screen to allow medical marijuana patients and caregivers to smell and handle the various strains sold by a medical marijuana dispensary. The sample shall only be used for display purposes and cannot be offered for retail sale. The medical marijuana dispensary shall dispose of the sample in accordance with these Rules. (b) Each display case, jar, or other container must be labeled with the following information:
  1. licensee name that grew the medical marijuana;
  2. strain name;
  3. batch number; and
  4. the following statement: “Sample: not for retail sale.”
OAC 310:681-5-14
Packaging Pre rolls

Dispensaries can package non-infused pre rolls. They can't weigh more than 1 gram. And they will still have to be tested:
  • If the pre rolls is made from the same harvest batch, they must be tested for heavy metals, filth, contaminants and potency.
  • If they are made from combined batches, they must be fully tested as a new batch. 
(s) Testing of noninfused pre-rolls and kief.
(1) Pre-rolls. Growers and dispensaries may create non infused pre rolls in accordance with Oklahoma law and these Rules.
(A) Growers and dispensaries may create non infused pre-rolls from flower, shake, or trim collected from multiple harvest batches. The plant material must be homogenized into a new batch not exceed fifteen (15) pounds. Non infused pre-rolls created by a grower are subject to the same testing requirements of a harvest batch under OAC 310:681-8-1(i). (B) Growers and dispensaries may create non infused pre-rolls from flower, shake, or trim collected from a single harvest batch. If the noninfused flower, shake or trim come from a single harvest that has passed full compliance testing, growers must conduct additional on the pre-rolls only for heavy metals, filth and contaminants, and potency.
OAC 310:681-8-1(s)(1)
Measuring the distance to schools
The rules of measurement have changed from any entrance of a school to the nearest property line of the school. So the nearest wall of a dispensary must be 1000 ft from the property line of the nearest school.
(6) 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 the nearest property line of such public school or private school to the nearest perimeter wall of the licensed premise of such medical marijuana dispensary. For the purposes of this subsection, a school shall not include a property owned, used, or operated by a public or private school that is not used for classroom instruction on core curriculum, such as an administrative building, athletic facility, ballpark, field, or stadium, unless such property is located on the same campus as a building used to classroom instruction on core curriculum;
OAC 310:681-5-3(e)(6)
© 2021 All Rights Reserved