With the passage of SQ 788 in Oklahoma, medical marijuana is now legal in Oklahoma. As a result, medical marijuana dispensaries are now opening up in the state. And these businesses are on the rise.
However, medical marijuana businesses must travel difficult legal terrain. Although the drug is now approved at the state level for medical use, its non-medical use is still a crime in Oklahoma.
In addition, because possessing, using, and selling marijuana is illegal at the federal level, medical marijuana dispensaries face not only the normal legal issues that all businesses face, but also strict compliance issues. In this business, an experienced Oklahoma City medical marijuana dispensary lawyer is a must.
Normal Business Issues
All dispensaries still face the normal business issues that all other businesses face. They must choose an organizational form and file all necessary paperwork with the city, county, and state.
Once the form of the business is chosen, depending on the form, businesses may need to draft agreements between the owners of the business, draft articles of incorporation, bylaws, and the like. They must lease a storefront, finance their business, hire employees, and ensure that their business is in compliance with all applicable laws.
Special Issues For Medical Marijuana Dispensaries
One of the biggest issues these businesses face is compliance with Oklahoma Medical Marijuana Authority (OMMA). Every aspect of the business from formation to daily operations is colored by the compliance issue, making business extremely complicated.
First and foremost, a dispensary must be licensed by OMMA. Dispensaries must meet certain requirements to get a dispensary license. A medical marijuana dispensary may sell medical marijuana or other cannabis-related products provided by licensed processors only.
All owners and investors must be disclosed and all must undergo criminal background checks. No owner may be under 25 years of age. In addition, there is a residency requirement that must be met.
The dispensary must also file a Certificate of Compliance showing that it is in compliance with other municipal and county ordinances. Once obtained, the license is for one year and must be renewed yearly.
Ongoing Compliance Monitoring Is Required
Getting and keeping the license is fundamental to the business. Keeping the license means ongoing compliance monitoring. And because this legal terrain keeps shifting, it is necessary to have an experienced Oklahoma City attorney who knows this area of the law by your side. Making a mistake can mean the end of your license.
Compliance issues include things such as:
- OMMA licensing, regulations, and compliance;
- OMMA grower’s licenses;
- OBNDD registration and compliance;
- Hemp Pilot Program licensing; and
- municipal licensing, zoning, and regulatory compliance.
There are also strict transportation and reporting rules that must be adhered to. Dispensaries must be careful to manage, track, and transport all medical marijuana and medical marijuana products with software and security measures sufficient to comply with Oklahoma statutes, rules, and regulations.
All product management software programs used by a dispensary must meet OMMA requirements. In addition, OMMA requires monthly reporting of products and sales.
Because the laws are strict, mistakes can cost you your license and that can end your business. An experienced Oklahoma City attorney can help ensure that your business stays in compliance.
Consultation: Oklahoma City Medical Marijuana Dispensary Lawyer
Our lawyer is well positioned to advise you accordingly, as he has the necessary training and experience.
For a consultation with an Oklahoma City medical marijuana dispensary lawyer, call Wirth Law Office – Oklahoma City at 405-888-5400.
You can also submit an email question from the top right corner of this page. We will respond to all questions as soon as possible.