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Oklahoma Medical Marijuana Authority adopts emergency rules; opens comment on permanent rules

Emergency Rules, Proposed Permanent Rules & Public Comment Period Nov. 8, 2024 · December 2, 2024

Summary

The Oklahoma Medical Marijuana Authority implemented emergency rules Oct. 29 that clarify license transfers and application requirements, add prepackaging rules tied to House Bill 3361, and is seeking public comment on proposed permanent rules from Nov. 15 to Dec. 17.

Ashley Kroll, director of government affairs for the Oklahoma Medical Marijuana Authority, said the agency adopted emergency rules that took effect Oct. 29 to implement recent legislation and clarify regulatory processes. “These emergency rules outline the license transfer process and clarify required application materials under Senate Bill 1939,” she said, citing updates to renewal time frames, location restrictions for multiple-license holders and new definitions for ownership- and name-change requests.

Kroll said the emergency rules also incorporate prepackaging provisions from House Bill 3361. “This law requires medical marijuana to be sold in prepackaged quantities beginning June 1, 2025,” she said. The agency posted a full summary of the emergency changes online at oma.ok.gov/rules.

Permanent rules will follow a longer rulemaking process, Kroll said, including a public comment period and submission to the legislature. “Permanent rules occur over a longer time frame, require a public comment period, and must be submitted to the legislature for consideration no later than February 1st,” she said, adding that permanent rules must incorporate any emergency rule changes adopted by OMA and approved by the governor in the past year.

The public comment period for OMA’s proposed permanent rules begins Nov. 15 and closes Dec. 17 at 5 p.m., Kroll said, and the agency invited stakeholders to review proposed language or submit comments at oma.ok.gov/comment.

Kroll said the proposed permanent rules would implement several recently passed bills, naming House Bill 3361, Senate Bill 758, Senate Bill 1635 and Senate Bill 1939. She said amendments aim to streamline inventory-manifest requirements and application materials for Oklahoma businesses and expand pesticide testing requirements, including mandates that businesses provide certificates of analysis (COAs) upon request to ensure the safety of medical marijuana products for licensed patients.

The agency’s next steps are to accept public comment through Dec. 17, incorporate feedback as required by rulemaking procedures, and submit proposed permanent rules to the legislature by the Feb. 1 deadline.

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