An Oklahoma bill to categorize marijuana grower licenses into tiers has gained traction in the State House. If passed into law, it will significantly raise the cost of grower license fees, said Tulsa medical marijuana attorney Stephen Cale.
Rep. Scott Fetgatter (R-Okmulgee) introduced HB 2179. If passed into law, grower license application fees will be based on canopy space.
“Canopy” Defined
The bill defines “canopy,” Oklahoma medical marijuana attorney Stephen Cale said. Here’s what it entails.
- “Canopy” means ‘the total surface area within a cultivation area that is dedicated to the cultivation of flowering marijuana plants.’
- The surface area of the canopy must be calculated in square feet.
- The canopy must include all of the area within the boundaries where the cultivation of the flowering marijuana plants occurs.
- If the surface of the plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries.
- If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the plant canopy.
- If the flowering plants are vertically grown in cylinders, the square footage of the canopy must be calculated by the circumference of the cylinder times the total length of the cylinder.
INDOOR GROWS
Except for Tier 1, the license fees for tiers will be calculated at $1.50 per square foot of canopy space. For example, the license fee for a 2,000-square-foot canopy will be $3,000 ($1.50 x 2,000). Here’s a breakdown of the tiers for indoor medical marijuana growers.
Tier 1
TIER 2
TIER 3
TIER 4
TIER 5
TIER 6
TIER 7
TIER 8
GREENHOUSE / LIGHT DEPRIVATION GROWS
The tiers for greenhouse / light deprivation grows are similar to indoor grows. Except for Tier 1, the license fees for these tiers will be calculated at $1.50 per square foot of canopy space.
“Greenhouse” is defined as ” a structure located outdoors that is completely covered by a material that allows a
controlled level of light transmission.”
“Light deprivation” a structure that has concrete floors and the ability to manipulate natural light.
Here’s a breakdown of the tiers for medical marijuana greenhouse / light deprivation grows.
TIER 1
TIER 2
TIER 3
Tier 4
TIER 5
TIER 6
TIER 7
TIER 8
OUTDOOR GROWS
Except for Tier 1, the license fees for outdoor grow tiers will be calculated at three cents per square foot of canopy space. Here’s a breakdown of the tiers for outdoor medical marijuana growers.
TIER 1
TIER 2
TIER 3
TIER 4
TIER 5
TIER 6
TIER 7
TIER 8
GROWS THAT PRODUCE CLONES
In its current form in mid-March, HB2179 sets a license fee of $2,500 for grows that produce clones for retail sale from non-flowering plants. It’s unclear whether this is an exception to fees based on canopy space, or whether it is in addition to the tiered license fee, said Tulsa medical marijuana attorney Stephen Cale.
WHAT’S NEXT
The bill may undergo more revisions and will be considered by the Senate. The Legislature adjourns on or before 5:00 p.m. May 27.
WORKING WITH THE CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of medical marijuana law and criminal defense. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.
We have helped numerous people set up marijuana businesses and acquire their OMMA dispensary, processor, and grower medical marijuana licenses. If you want a medical marijuana business license, marijuana compliance auditing, or need legal representation in the Oklahoma medical marijuana industry, call the Cale Law Office at 918-771-7314. Or, contact us through the web. Your initial consultation is free.
Tulsa medical marijuana attorney Stephen Cale is the founder of Cale Law Office. He has been serving people with legal needs for more than 22 years.
Tulsa, Oklahoma, medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He also serves on the board of Green Country NORML, a Tulsa chapter of NORML. He also serves as a board member for, and is on the Standard Operating Procedures steering committee for, OK4U Approved, a medical marijuana patient union and trade organization.