New rules for medical marijuana businesses and patients went into effect September 11th. The rules affect many aspects of the marijuana industry, said Tulsa medical marijuana attorney Stephen Cale.
The following is for information purposes only and is not legal advice or interpretation of any rule or statute. If you need legal advice or an attorney concerning medical marijuana law, contact the Cale Law Office at 918-277-4800.
Read the OMMA’s Full Summary Of Rule Changes. Here is a summary of some key rule changes:
Unlicensed Minors Now Allowed In Dispensaries In Certain Instances
Under previous rules, a minor couldn’t enter a dispensary unless the minor was a patient card holder and was accompanied by a parent or guardian. Now, however, unlicensed minors can enter a dispensary so long as they are accompanied by a parent or guardian. The rule actually pertains to “licensed premises.” Basically, “licensed premises” is defined as the premises specified in the marijuana business license application. So, this rule about minors may apply to growers and processors as well.
Testing | Dispensary And Grower Requirements
Under new rules, dispensaries must ensure that medical marijuana and medical marijuana products have passed all required tests. This includes maintaining copies of the Certificate of Analysis, Cale said. Growers and processors must provide a copy of the Certificate of Analysis upon request.
Remediation And Retesting
With the new rules, growers and processors will be allowed to remediate and retest marijuana or marijuana product that originally failed testing. If the harvest or production batch from which a sample was taken is not, or cannot be, decontaminated or remediated, then the batch must be disposed of.
According to the new rules, the remediation process cannot impart any toxic or “deleterious” substance to the usable marijuana or product. Additionally, remediation methods or solvents must be disclosed to the testing lab, Tulsa medical marijuana attorney Stephen Cale said.
Growers and processors must (as applicable):
- Have detailed procedures for remediation and decontamination processes for removing microbial contaminants and foreign materials. Additionally, the procedures must include processes for reducing solvent concentrations;
- Before retesting, provide the testing lab a document specifying how the product was remediated or decontaminated. The lab will keep this document along with other testing documentation;
- Document all resampling, retesting, decontamination, remediation and/or disposal of marijuana or marijuana-derived products that fail lab testing; and
- Inform a lab prior to taking samples that the harvest or production batch has failed testing and is being retested after undergoing remediation or decontamination.
Read More About New Remediation and Retesting Rules
Test Sampling Requirements And Procedures | General Requirements
Under the new rules, persons collecting testing samples are called “samplers.” Samplers must:
- Follow the approved sampling policies and procedures of the lab that will be testing the samples collected. Samplers
- shall have access to a copy of the laboratory’s standard operating procedures while they are collecting the samples; and
- Follow inventory manifest requirements set forth in the OMMA rules.
- Collect samples at the grower or processor location.
Transportation Requirements For Testing Samples
A licensed laboratory must either utilize a licensed commercial transporter to transport samples or obtain a commercial transporter license in order to transport samples from the grower or processor to the laboratory.
Read More About Samplers And Sample Collection Rules
Fines For Transporter Agents And Employers For Not Carrying Agent Card And Transportation License Copy
During transportation, transporter agents must carry a copy of the commercial transporter license or the grower, processor, or dispensary transportation license. Additionally, they have their agent license. The new rules add penalties for not complying with this requirement. Penalties for violations may include a $50.00 fine against the individual transporter. Plus, it may include a $500.00 fine against the employing commercial transporter, grower, processor, or dispensary for whom the transporting agent is transporting medical marijuana or products at the time of the violation.
Working With The Cale Law Office
We have helped numerous people set up marijuana businesses and acquire their commercial 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 918-277-4800. Your initial consultation is free.
Tulsa medical marijuana attorney Stephen Cale is the founder of Cale Law Office, located in Tulsa, Oklahoma. He has been serving people with legal needs for more than 21 years.
Stephen Cale works with a number of marijuana-related organizations. He is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). Additionally, he serves on the board of Green Country NORML, a Tulsa chapter of NORML. He also serves as a board member and the Standard Operating Procedures steering committee for OK4U Approved.