Public Comment

The public comment period for OMMA's proposed permanent rules was Nov. 15, 2024, to Dec. 17, 2024.

•  Proposed Permanent Rules
  •  Chapter 1 Notice of Rulemaking Intent
  •  Chapter 1 Rule Impact Statement
  •  Chapter 1 Proposed Permanent Rule Document
  •  Chapter 10 Notice of Rulemaking Intent
  •  Chapter 10 Rule Impact Statement
  •  Chapter 10 Proposed Permanent Rule Document

A form at the bottom of this page to comment on the proposed rules was available from Nov. 15, 2024, through 5 p.m. Dec. 17, 2024.

OMMA held a public meeting for comments in person at 9 a.m. on Dec. 17, 2024, in Room 535 of the Oklahoma State Capitol (2300 N Lincoln Blvd. in Oklahoma City). The meeting was livestreamed and recorded on the Oklahoma State Senate website. View a recording of this meeting.

These proposed rules implement newly passed legislation like House Bill 3361, Senate Bill 758, Senate Bill 1635 and Senate Bill 1939 and clarify sections of current rules. Amendments to streamline inventory manifest requirements and application materials are meant to simplify regulatory requirements for Oklahoma businesses, while amendments expanding the list of required pesticide testing and requiring dispensaries to produce copies of testing results (COAs) upon request ensure safe medical marijuana products for licensed patients in the state. The proposed rule changes have been summarized below:  

• Amendments to OAC 442:1-1-6 clarify that nonappearance of a summoned person or entity after adequate notice shall be construed as a waiver of right to be present at a hearing.  

• Changes to required application materials like certificates of occupancy or ownership transfers, pursuant to SB1635 and SB1939, occur at OAC 442:10-3-1(c-e), OAC 442:10-4-2(c)(2); OAC 442:10-4-2(e)(A)(i); OAC 442:10-4-3(e); OAC 442:10-5-2(c); OAC 442:10-5-2(e); OAC 442:10-5-3(e)(8-9); and OAC 442:10-9-3(e)(9). 

• New definitions for “change of ownership request”, “license transfer application”, “location change request”, and “name change request” provide clarification of the new ownership transfer requirements pursuant to SB1939 and are added to definitions at OAC 442:10-1-4.  

• Updated timeframes to submit renewal applications pursuant to SB1939 are incorporated at OAC 442:10-4-2(c)(6) and OAC 442:10-5-2(c)(5). 

• Specific location prohibitions regarding multiple licenses of the same type pursuant to SB1939 are added to OAC 442:10-5-2(b)(2).  

• Amendments regarding ownership transfers pursuant to SB1939 are added to OAC 442:10-4-2(e); OAC 442:10-5-2(e); and OAC 442:10-9-2(e)(2). 

• Language regarding the possession, sale, or transfer of medical marijuana upon expiration of a license are added to OAC 442:10-4-2(d); OAC 442:10-5-2(d); and OAC 442:10-9-2(d)(1) as required by SB1939.  

• The requirement that employees wear or display their employee credential pursuant to SB758 is added at OAC 442:10-5-1.1(13)(C). 

• Changes to laboratory testing requirements, including final form testing requirements pursuant to SB1635, occur at OAC 442:10-4-5(d)(2)(D); OAC 442:10-5-5(f); OAC 442:10-5-6(d)(2)(D); OAC 442:10-7-1(f)(4); OAC 442:10-8-1; OAC 442:10-8-2; OAC 442:10-8-3; OAC 442:10-8-4; OAC 442:10-9-7(b)(2)(D); and OAC 442:10-11-1(g)(2)(C).  

• Rules requiring medical marijuana to be sold in pre-packaged quantities beginning June 1, 2025 pursuant to HB3361 are added to OAC 442:10-7-1 and OAC 442:10-7-2. Specific prohibitions regarding opening pre-packaged products are added to OAC 442:10-5-16(s). 

• Amendments to streamline and clarify inventory manifest requirements are added to the rules at OAC 442:10-3-6(a), OAC 442:10-3-6(b)(1); OAC 442:10-4-5(c)(2); OAC 442:10-4-5(d)(1)(G); OAC 442:10-5-6(d)(1)(H); and OAC 442:10-9-7(b)(1)(G).  

• Amendments to OAC 442:10-4-2(g); OAC 442:10-5-2(g)(2-3); and OAC 442:10-9-2(g) reiterate that commercial license surrender requests are effective upon written approval by the Authority and clarify when the Authority may reject surrender requests. 

• Amendments to OAC 442:10-5-1(a) state that all requirements of Oklahoma law and these Rules are continuing in nature and must be satisfied in order to retain licensure.  

• OAC 442:10-6-1(c) is amended to clarify that commercial growers must maintain required commercial grower signage. 

• Expanded testing requirements for pesticide analytes occur at OAC 442:10-8-1(i)(5).  

• The requirement that dispensaries shall produce any and all COAs for products currently in the dispensary’s inventory upon request of a licensed medical marijuana patient or caregiver is added to OAC 442:10-8-1(h). 

• The requirement that processors verify patient license information when processing on behalf of a licensed patient is added to OAC 442:10-5-5.  

• Amendments to labeling requirements at OAC 442:10-7-1(d)(11) provide clarification that if a package or container is relabeled, all initial labels must be completely removed before the new label is applied. 

• Definitions for "decontamination”, “final product”, “production batch”, and “remediation” are amended, new definitions for “final harvest batch”, “final production batch”, and “tamper-evident” are added, and definitions are alphabetized at OAC 442:10-1-4.  

• Record retention requirements are amended for consistency at OAC 442:10-3-2(c); OAC 442:10-3-6(f); OAC 442:10-4-5(c); OAC 442:10-5-4(h); OAC 442:10-5-5(b); OAC 442:10-5-6(b); OAC 442:10-5-6(b)(6); OAC 442:10-5-6(i)(1); OAC 442:10-5-10(b)(3); OAC 442:10-9-6(c)(1)(C); OAC 442:10-9-6(c)(2)(B); OAC 442:10-9-6(e); OAC 442:10-11-(f)(3). 

• Amendments to clarify application requirements occur at OAC 442:10-4-1(b), OAC 442:10-4-1.1; OAC 442:10-4-3(b), OAC 442:10-4-3(c)(12-14); OAC 442:10-4-2(h); OAC 442:10-5-3(f); OAC 442:10-9-3(c)(7-8); OAC 442:10-9-3(f); OAC 442:10-9-4(b)(9-10) and OAC 442:10-11-(d)(4).  

• Amendments to ensure consistent language throughout all subchapters of the rules, including adding words where numbers are used, replacing dashes with commas, removing dates that have previously passed, and ensuring consistent verbiage throughout the rules, occur at OAC 442:10-2-9(a-b); OAC 442:10-3-3; OAC 442:10-4-4(b); OAC 442:10-5-1.1(7); OAC 442:10-5-2(b)(1); OAC 442:10-5-3(b); OAC 442:10-5-4(b-c); OAC 442:10-5-4.1(a); OAC 442:10-5-6(i)(7); OAC 442:10-7-2(b); OAC 442:10-9-1(b); OAC 442:10-11-(d)(1); and OAC 442:10-11-(j). 

The public comment period is part of OMMA's rulemaking process. More details are available on the Rulemaking Process page.

Find OMMA's current rules at omma.ok.gov/rules.