Okla. Admin. Code § 310:681-5-2 - [Effective9/14/2022]Licenses
(a)
Timeframe. A medical marijuana business license shall be issued
for a twelve (12) month period expiring one (1) year from the date of issuance.
The license may be issued upon receipt of a completed application, payment of
application fee, and verification by the Department the individual or entity
complies with the requirements set forth in Oklahoma law and this
Chapter.
(b)
Location.
A business license issued to a grower, processor, dispensary, or testing
laboratory shall only be valid for a single location at the address listed on
the application. A transporter license shall only be valid at the physical
locations that have been submitted to and approved by the Department and are
listed on the application.
(c)
Renewal of license.
(1) It is
the responsibility of the license holder to renew the license, with all
applicable documentation, prior to the date of expiration of the license by
following the procedures provided in
310:681-5-3.
(2) Before renewing a license, the Department
may require further information and documentation and may require additional
background checks to determine the licensee continues to meet the requirements
set forth in Oklahoma law and these Rules.
(3) The Department may refuse to renew a
license of a medical marijuana business for the following:
(A) Failure to meet the requirements for
licensure set forth in 63 O.S. § 420 et seq; the Oklahoma Medical
Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or
310:681.
(B) Noncompliance with 63
O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient Protection
Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste
Management Act, 63 O.S. § 427a et seq.; or 310:681.
(4) Upon the determination that a licensee
has not met the requirements for renewal, the Department shall provide written
notice to the licensee. The notice shall provide an explanation for the denial
of the renewal application.
(d)
Liquidation of products. A
medical marijuana business licensee whose license is not renewed, or whose
license is revoked, suspended, or voluntarily surrendered, shall cease all
operations immediately upon expiration of the license.
(1) A medical marijuana business has thirty
(30) days from date of expiration, revocation, suspension, or surrender of a
business license to liquidate and transfer all medical marijuana or medical
marijuana products to another medical marijuana business that (1) the medical
marijuana business may lawfully sell to and (2) is licensed to possess such
medical marijuana or medical marijuana products.
(2) Any medical marijuana or medical
marijuana products not liquidated in accordance with 310:681-5-2(d)(1) shall be
disposed of as specified under
310:681-5-10.
(e)
Change in information.
(1) Licensees shall notify the Department in
writing within fourteen (14) days of any changes in contact information by
electronically submitting a change request in accordance with the Department's
instructions.
(2) Licensees shall
obtain Department approval prior to any changes that affect the licensee's
qualifications for licensure. Licensees shall notify the Department in writing
in advance of any change that may affect the licensee's qualifications for
licensure by electronically submitting a change request, along with any
relevant documentation, in accordance with the Department's instructions.
Except as is otherwise authorized by the Department, licensees are limited to
one location change request, one name change request, and one ownership change
request per year of licensure.
(A) Medical
marijuana business licensees submitting a location change must provide the
information and documentation required in
310:681-5-3
relating to locations, including but not limited to the following:
(i) If applicable, proof as required in
310:681-5-3(e)(6)
that the location of the dispensary is at least one thousand (1,000) feet from
any public and private school;
(ii)
A certificate of compliance as required in
310:681-5-3(e)(8)
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);
and
(iii) Any further documentation
the Department determines is necessary to ensure the business licensee is still
qualified under Oklahoma law and this Chapter to obtain a business
license.
(B) Medical
marijuana business licensees submitting an ownership change request must
provide the information and documentation required in
310:681-5-3
relating to owners, including but not limited to the following:
(i) A list of all owners and principal
officers of the commercial applicant and supporting documentation as set forth
in
310:681-5-3(e)(1);
(ii) An affidavit of lawful presence for each
new owner;
(iii) Documents required
under
310:681-5-3(e)(7)
establishing that 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.;
(iv) A background check in accordance with
310:681-1-5;
and
(v) Any further documentation
the Department determines is necessary to ensure the business licensee is still
qualified under Oklahoma law and this Chapter to obtain a business
license.
(C) A medical
marijuana business licensee submitting a name change request must provide the
information and documentation required in
310:681-5-3
relating to the business name, including, but not limited to, the following:
(i) A certificate of good standing from the
Oklahoma Secretary of State issued within thirty (30) days of submission of the
application;
(ii) If applicable,
official documentation from the Secretary of State establishing the applicant's
trade name;
(iii) If applicable, an
electronic copy or digital image in color of a sales tax permit issued by the
Oklahoma Tax Commission;
(iv) A
list of all owners and principal officers of the licensee under the new name
and supporting documentation as set forth in
310:681-5-3(e)(1);
(v) Documents establishing that seventy-five
(75%) of the ownership of the licensee under the new name are Oklahoma
residents in accordance with
310:681-5-3(e)(7);
and
(vi) Any further documentation
the Department determines is necessary to ensure the business licensee is still
qualified under Oklahoma law and this Chapter to obtain a business
license.
(f)
Transfer of license.
(1) Business licenses may not be wholly
assigned or otherwise transferred to a new owner(s) or another legal
entity(ies).
(2) Licenses may not
be changed from one license type to another.
(g)
Surrender of license.
(1) A licensee may voluntarily surrender a
license to the Department at any time.
(2) If a licensee voluntarily surrenders a
license, the licensee shall:
(A) Return the
license to the Department;
(B)
Submit on a form prescribed by the Department a report to the Department
including the reason for surrendering the license; contact information
following the close of business; the person or persons responsible for the
close of the business; and where business records will be retained;
(C) Submit proof of the licensee's identity
through submission of documentation identified in
310:681-1-7
(relating to Proof of Identity); and
(D) Liquidate or dispose of any medical
marijuana or medical marijuana products remaining in the possession of the
licensee in accordance with 310:681-5-2(d) and
310:681-5-10.
Notes
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