Oklahoma

Oklahoma Passes Legislation to Guarantee a Medical Cannabis Dispensary in Every Town

The Oklahoma Legislature passed a bill that will prevent local municipalities from prohibiting medical cannabis dispensaries. The bill has been sent to Governor Kevin Stitt for his signature. The state’s medical marijuana industry is booming as the Oklahoma Medical Marijuana Authority has received over 5,400 business applications. The state has over 1,400 dispensaries, which produced sales that topped $18 million in April.

The new law is in line with the business friendly environment in Oklahoma for medical marijuana businesses where there are fewer restrictions, low fees and tax rates as compared to the coastal markets. Under the new law, local municipalities may not prohibit retail medical marijuana businesses. A municipality may determine the appropriate zoning area for the businesses, but a retail businesses must be allowed. As we have seen in other states, local municipalities utilize buffer zones and zoning areas to cap the total number of marijuana businesses within the local jurisdiction.

Oklahoma’s approach limits the municipal risk that exists in other states that allow local jurisdictions to opt out. Cities that opt into commercial cannabis can opt out based on the change of the city’s administration, which results in litigation and lost investments.

Last week, Mountain View, California banned retail shops after the election of a new mayor. The prior administration approved an ordinance that allowed three dispensaries within the city. Applicants that worked with the city during the 18 month period to establish marijuana storefronts will be able to reapply for delivery licenses.

Missouri and Oklahoma Cities Adopt Business Friendly Medical Marijuana Rules

Missouri and Oklahoma cities are embracing medical marijuana, and adopting business-friendly ordinances. Oklahoma has quickly expanded its medical marijuana program, and generated over $12 million in sales in March. Missouri is also planning for a big rollout as Governor Parson allocated $3 million to the medical marijuana program. To date, the state received over 481 pre-filed license applications and fees totaling $3,470,000. Licenses will be formally accepted on August 3, 2019.

Our data shows that, since the beginning of March, at least 25 cities in these states discussed allowing medical marijuana or have adopted an ordinance. The growth in the number of cities considering medical marijuana is noticeable and encouraging for the industry overall. Unlike cities on the East and West Coasts, the ordinances are generally simple, offer low fees, no caps on licenses and fewer operating requirements. These business friendly towns offer a license opportunity at a lower cost and regulatory risk.

Cannabis Regulatory Meeting Tracker 02/05/2019: 21 Meetings Today in California, Colorado, Florida, Hawaii, Massachusetts, Michigan, Nevada, Oklahoma, Pennsylvania and Washington

There are twenty-one (21) meetings today in California, Colorado, Florida, Hawaii, Massachusetts, Michigan, Nevada, Oklahoma, Pennsylvania and Washington.

South Lake Tahoe, CA, Thomas, OK and Brockton, MA will meet to adopt new regulations that allow cannabis businesses.

Links to the meeting details and agendas are provided below.

California: State Water Board Meeting
California: City of Marysville: Ordinance to Implement a Cannabis Business Tax
California: City of South Lake Tahoe: New Regulations Allowing Cannabis Businesses
Colorado: Garden City: Modify Hours of Operation for Medical Marijuana Centers
Colorado: City of Louisville: Amendments to Medical and Retail Marijuana Businesses
Colorado: City of Montrose: Official Code Regarding Underage Possession of Tobacco / Cannabis
Florida: City of Fanning Springs: Moratorium on Establishment and Operation of Medical Marijuana
Hawaii Legislature: Committee on Public Safety: Bill to Reclassify Low-Level Marijuana Offenses
Hawaii Legislature: Committee on Public Safety: SB 607 Repeals of Criminal Penalties Re: Marijuana
Hawaii Legislature: Committee on Health: HB 37 Medical Cannabis
Hawaii Legislature: Committee on Commerce: SB 1352 Financial Institutions and Industrial Hemp
Massachusetts: City of Brockton: Amendments to Regulation and Zoning of Marijuana
Massachusetts: City of Matapan: Community Outreach Meeting: Marijuana Establishment
Massachusetts: City of Pittsfield: Community Outreach Meeting: Adult Marijuana Retailer
Massachusetts: Pittsfield Community Development Board: Special Permit: Retail Marijuana Dispensary
Michigan: Raisinville Township: Ordinance to Prohibit Marihuana Establishments
Michigan: Tawas City Planning Commission: Prohibition of Marihuana Establishments
Nevada: City of Henderson: Amendments to Marijuana Regulations
Oklahoma: City of Thomas: Zoning Amendment to Permit Marijuana Establishments
Pennsylvania: Manor Township: Work Session to Discuss Potential Marijuana Ordinance
Washington State Liquor and Cannabis Board: Board Caucus

Cannabis Regulatory Meeting Tracker 01/22/2019: Eleven Meetings Today in California, Colorado, Massachusetts, Michigan, Oklahoma and Washington

There are eleven (11) cannabis regulatory meetings being held today in California, Colorado, Massachusetts, Michigan,Oklahoma and Washington. Links to the meeting details and agendas are provided below.

California: City of Clearlake: Distribution and Processing of Commercial Cannabis

  • Tuesday, January 22, 2019

  • 6:00 PM  7:00 PM

California: City of Placerville: Adopt Resolution Approving Application Process and Fees

  • Tuesday, January 22, 2019

  • 6:00 PM  7:00 PM

California: City of Antioch: Amend Municipal Code to Address Cannabis Businesses

  • Tuesday, January 22, 2019

  • 7:00 PM  8:00 PM

Colorado: Gilpin County Board of County Commissioners: Special Use Permit: Marijuana Cultivation Facility

  • Tuesday, January 22, 2019

  • 9:00 AM  10:00 AM

Massachusetts: City of Palmer: Community Outreach Meeting: Adult Use Marijuana Cultivation and Product Manufacturing Establishment

  • Tuesday, January 22, 2019

  • 6:00 PM  7:00 PM

Massachusetts: City of Dorchester: Community Outreach Meeting: Proposed Marijuana Establishment

  • Tuesday, January 22, 2019

  • 6:00 PM  7:00 PM

Massachusetts: Webster Planning Board: Recreational Marijuana Retail Sales Overlay District

  • Tuesday, January 22, 2019

  • 6:30 PM  7:30 PM

Michigan: City of Spring Lake: Ordinance to Prohibit Recreational Marijuana Establishments

  • Tuesday, January 22, 2019

  • 7:00 PM  8:00 PM

Michigan: Township of Robinson: Prohibition of Marihuana Establishments

  • Tuesday, January 22, 2019

  • 7:30 PM  8:30 PM

Oklahoma: City of Tulsa: Verification of the 1,000 foot Spacing Requirement for Medical Marijuana Dispensary

  • Tuesday, January 22, 2019

  • 1:00 PM  2:00 PM

Washington: Liquor and Cannabis Board: Board Caucus Meeting

  • Tuesday, January 22, 2019

  • 10:00 AM  11:00 AM

Cannabis Regulatory Meeting Tracker: Fourteen (14) Meetings Today: Alaska, California, Colorado, Maine, Massachusetts, Oklahoma and Oregon

Cannabis Regulatory Meeting Tracker 01.12.2019: Sixteen (16) Meetings Today in Colorado, Maine, Massachusetts, Michigan, New Jersey, Nevada, Ohio and Oklahoma

There are sixteen (16) cannabis regulatory meetings being held today in Colorado, Maine, Massachusetts, Michigan, New Jersey, Nevada, Ohio and Oklahoma. Links to the meeting details and agendas are provided below.

Colorado: City of Denver: New Medical Marijuana Center License
Maine: City of Sanford: Application for a Medical Marijuana Production Facility
Massachusetts: Lowell: Community Outreach Meeting: Marijuana Cultivation and Product Manufacturing Facility
Massachusetts: City of Melrose: Amendments to Zoning Ordinance Related to Marijuana Establishments
Massachusetts: City of Millbury: Special Permit: Medical Marijuana Establishment
Massachusetts: City of Plymouth Planning Board: Two Marijuana Retailers
Massachusetts: Town of Winchendon: Community Outreach Meeting Notice: Adult Use Marijuana Cultivation Facility
Michigan: Addison Township: Ordinance to Prohibit Marihuana Establishments
Michigan: Dewitt Charter Township: Prohibit Marihuana Facilities
Michigan: City of Grand Ledge: Prohibition of Marihuana Establishments
Michigan: Village of Hesperia: Medical Marihuana Facilities Ordinance
Michigan: City of Lyon: Amendment to Definition of Marijuana Establishments

City of Las Vegas: Recommending Committee: Public Comment on Social Use Venue Bill
New Jersey: Avon by the Sea: Zoning Amendments for Selling Medicinal and Recreational Marijuana
Ohio: City of Akron: Conditional Use: Medical Marijuana Processing Facility
Oklahoma: Del City: Special Exception to Permit an Indoor Marijuana Growing Facility

Cannabis Regulatory Meeting Tracker 01/08/2019: 19 Meetings Today in Arizona, California, Colorado, Maine, Massachusetts, Nevada, Ohio and Oklahoma

There are nineteen (19) cannabis regulatory meetings being held today in Arizona, California, Colorado, Maine, Massachusetts, Nevada, Ohio and Oklahoma. Links to the meeting details and agendas are provided below

Arizona: City of Tucson: Zoning Code Amendments: Medical Marijuana Zoning

  • Tuesday, January 8, 2019

  • 5:30 PM  6:30 PM

California: City of Davis: Ordinance Limiting Cannabis Delivery-Only Retailers to a Maximum of Four (4)

  • Tuesday, January 8, 2019

  • 6:00 PM  7:00 PM

Colorado: Chaffee County Board of Commissioners: Ordinance to Extend Ban on New Retail Marijuana Establishments (Recreational Marijuana)

  • Tuesday, January 8, 2019

  • 10:15 AM  11:15 AM

Maine: City of Auburn: Draft Marijuana Ordinance

  • Tuesday, January 8, 2019

  • 6:00 PM  7:00 PM

Massachusetts: City of Falmouth: Amendments to Zoning Ordinance: Marijuana

  • Tuesday, January 8, 2019

  • 6:40 PM  7:40 PM

Massachusetts: City of Fitchburg: Cultivation and Processing of Adult-Use Marijuana

  • Tuesday, January 8, 2019

  • 6:00 PM  7:00 PM

Massachusetts: Town of North Hempstead: Ban Retail Sale of Recreational Marijuana

  • Tuesday, January 8, 2019

  • 7:00 PM  8:00 PM

Massachusetts: City of Palmer: Wetland Protection Application for Retail Marijuana Sales Facility

  • Tuesday, January 8, 2019

  • 6:30 PM  7:30 PM

Massachusetts: City of Taunton: Zoning Amendments: Medical Marijuana Treatment Center

  • Tuesday, January 8, 2019

  • 7:00 PM  8:00 PM

Massachusetts: Ware Planning Board: Community Outreach Meeting: Marijuana Establishment

  • Tuesday, January 8, 2019

  • 6:00 PM  7:00 PM

Massachusetts: City of Woburn: Marijuana Establishments Forbidden

  • Tuesday, January 8, 2019

  • 7:00 PM  8:00 PM

Michigan: Charter Township of Holland: Prohibit Recreational Marihuana Establishments

  • Tuesday, January 8, 2019

  • 7:00 PM  8:00 PM

Michigan: Olive Township: Prohibition of Recreational Marihuana

  • Tuesday, January 8, 2019

  • 7:00 PM  8:00 PM

Nevada: City of Henderson: Amend Ordinance to Address Marijuana Establishments

  • Tuesday, January 8, 2019

  • 5:45 PM  6:45 PM

Nevada: City of Las Vegas: Add Social Use Venue As A New Permissible Use

  • Tuesday, January 8, 2019

  • 6:00 PM  7:00 PM

Ohio: Bellefontaine City Planning Commission: Amendments to Zoning Ordinance: Medical Marijuana Dispensaries

  • Tuesday, January 8, 2019

  • 5:00 PM  6:00 PM

Oklahoma: City of Muskogee: Special Use Permit: Medical Marijuana Dispensary and Grower / Processor

  • Tuesday, January 8, 2019

  • 2:00 PM  3:00 PM

Oklahoma: City of Muskogee Board of Adjustment: Medical Marijuana Dispensary

  • Tuesday, January 8, 2019

  • 2:00 PM  3:00 PM

Oklahoma: City of Slaughterville Planning and Zoning Commission: Medical Marijuana Growing Facility

  • Tuesday, January 8, 2019

  • 7:00 PM  8:00 PM

Oklahoma Legislature Approves Laboratory Testing Rule Recommendations

The Oklahoma Legislature’s working group on the medical marijuana implementation voted unanimously to provide the Department of Health with recommendations for drafting regulations to govern the independent testing of marijuana, extracts and concentrates. The recommendations also address packaging/labeling requirements and prohibit candy-like edibles that may be attractive to children.

The independent testing laboratory recommendations requires labs, except those with provisional approval to be accredited by a qualified third party organization. Labs with provisional approval must attest to the fact that they comply with ANSI/ASQ protocol, and will seek accreditation. The recommendations contain standard provisions requiring employee registration identification cards, standards for the testing facility and a one year license that may be renewed within 30 days of expiration.

The standards for sampling, scope of tests, and standards for usable marijuana, extracts and concentrates are in line with other states. Labs must adopt operating procedures that outline, among other things, the lab’s the sampling procedures, chain of custody protocol, and testing methodologies However, Oklahoma’s recommendations allow for the remediation and retesting for certain test failures including microbiological, residual solvent, moisture content and foreign materials. Batches that fail residual pesticide, heavy metals or mycotoxin testing may not be remediated and must be destroyed.

Separately, the Oklahoma State Department of Health established a Food Safety Standards Board that issued draft rule language that sets forth food safety standards for processors. The scope of the draft rules is limited to establishing specific safety standards and testing requirements for food that contains marijuana.

The recommendations also include packaging / labeling requirements that require medical marijuana labels to include, after May 19th, information regarding the potency of the marijuana or marijuana products including concentrates. The labels must contain warning language regarding dangers of using the product, and a specific warning must be displayed if the marijuana has not been tested. The packaging requirements are similar to proposals by other states such as Oregon to prescribe the size, font type and information that must be contained on the principal display panel.

The recommendations also prohibit the manufacture or selling of gummy bears, worms, lollipops, human, animal or fruit shapes or other product that might be attractive to children. Again, Oklahoma is following other states such as Washington that are cracking down on edibles that resemble children’s candy.

Summary: Oklahoma

Oklahoma Medical Marijuana Authority

Draft Rule Language for the Food Safety Standards Board
omma.ok.gov/Websites/ddeer/images/Food%20Safety%20Standards%20Bd%20Rules_DRAFT%208.23.18.pdf

Food Safety Standards Board Recommendations (August 15)
http://omma.ok.gov/Websites/ddeer/images/Food%20Safety%20Standards%20Board%20Recommendations%208.15.18.pdf

Potential Statute Change Recommendations (August 8, 2018)
mma.ok.gov/Websites/ddeer/images/documents/Legislative%20Working%20Group%20Presentation%20Materials%208.8.18.pdf

Emergency Rules for Implementation (August 6, 2018)
omma.ok.gov/Websites/ddeer/images/310-681%20EME2%20Medical%20Marijuana%20Rules%208-1-18%20wRedMark%20Revisions.pdf

OKLAHOMA ISSUES DRAFT EDIBLE SAFETY RULES

The Oklahoma Food Safety Board issued draft food safety rules for processors that produce edible marijuana products.  The regulations require processors to follow existing Oklahoma food safety laws and regulations.   In addition to existing regulations, there are additional requirements around labeling and packaging as well as recommended testing procedures. Oklahoma recommends that processors establish written minimal thresholds for the presence of biological, physical and chemical contaminants.  Like Michigan, Oklahoma rules provide that edibles should be tested for E. coli, Samonella, yeast, molds, chemical residue, metals and pesticide residue, and potency.   Labels and packaging must indicate the list of ingredients including the list of marijuana ingredients including the batch of marijuana.