The Oklahoma Medical Marijuana Authority (OMMA) has implemented new transportation reporting requirements for medical marijuana businesses, said Tulsa medical marijuana attorney Stephen Cale. The following is for informational purposes only and is not legal advice.
The new requirement affects medical marijuana growers, processors, and dispensaries, the OMMA said.
GROWERS
Growers will see these additional questions in the OMMA web portal for the required monthly reporting :
- The amount of medical marijuana transported to other licensed businesses.
- The number of plants transported to other licensed businesses.
DISPENSARIES AND PROCESSORS
Dispensaries and processors will see these additional questions in the OMMA web portal for the required monthly reporting:
- The amount of medical marijuana transported to other licensed businesses.
- The amount of medical marijuana transported from other licensed businesses.
- List of all transporter license numbers that have transported for your business.
THE MONTHLY REPORTING REQUIREMENT
Growers, processors, and dispensaries must complete a monthly report to the OMMA, said Tulsa medical marijuana attorney Stephen Cale. The reports are due by the 15th of each month for the preceding month. For example, a report submitted in October will be for the month of September.
PENALTIES FOR FAILING TO SUBMIT TIMELY REPORTS
OMMA deems reports to be “untimely” if it does not receive reports by the 15th of the month. Additionally, OMMA rules (regulations) provide for penalties when a medical marijuana business fails to timely submit a required report.
If a licensed marijuana business fails to:
- Submit a required monthly report; and
- Fails to correct the deficiency within 30 days of the OMMA’s written notice of the violation,
then the business “shall be subject to a fine of $500.00 and any other administrative action and penalty authorized by law.”
STIFFER PENALTIES FOR “GROSS ERRORS”
OMMA rules provide for stiffer penalties for gross errors in monthly reports, said Tulsa medical marijuana attorney Stephen Cale. Within any two-year period, if a licensee has submitted one or more reports that:
- Contain gross errors; and
- That cannot reasonably be attributed to normal human error,
then the following penalties “shall be imposed:”
- First inaccurate report(s): a $5,000 fine. If the licensee does not pay the fine within 30 days of receiving notice of the fine, the license “shall be revoked.”
- Any additional reports: Revocation of license
RIGHT TO A HEARING
State law provides that licensed medical marijuana businesses have a right to notice of an alleged violation. Also, the licensee has a right to present a defense at a hearing. Further, the business has a right to appeal an adverse decision.
WORKING WITH THE CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. 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.
If you or someone you know wants to get a medical marijuana business license, marijuana compliance auditing, or need legal representation in the marijuana industry, call the Cale Law Office at 918-771-7314. You can also contact us through the web. Your initial consultation is free.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He is also a board member for Green Country Norml.