Six Mistakes That Will KILL Your Medical Marijuana Grower License Application
Medical marijuana entrepreneurs invest a lot of time and money into their businesses. But simple mistakes can kill their medical marijuana license application, said Tulsa medical marijuana attorney Stephen Cale.
A medical marijuana grower license allows a business to legally grow marijuana for medical purposes in Oklahoma. Licensed growers can sell to licensed processors and licensed dispensaries only.
Here are six mistakes that will kill your medical marijuana grower license application. The following is for educational purposes and is not legal advice. For your medical marijuana license consulting and legal representation needs, call 918-277-4800 or visit us on the web at TulsaCannabisAttorneys.com.
1. Getting Criminal Background Checks Outside The Proper Time Frame
Individuals and all owners of a business growing medical marijuana to sell to licensed processors and dispensaries must submit an Oklahoma State Bureau of Investigation (OSBI) criminal background check/report.
But here’s the kicker: According to the regulations, the applicant(s) must “undergo” the background check within 30 days before submitting the grower application. You can download the OSBI criminal background check form here.
The regulations do not define what “undergo” means, said Tulsa medical marijuana attorney Stephen Cale. In other words, does it mean the time you submit the request for a background check? The time the OSBI conducts the check?
At any rate, be aware of that 30-day window.
2. Having A Disqualifying Felony Conviction
Not all felony convictions will tank a grower license application. There two things to look for said Tulsa medical marijuana attorney Stephen Cale. They are:
- The type of felony conviction; and
- When the conviction occurred
Non-Violent Felony Conviction
A non-violent felony conviction of an individual grower or owner of a business entity will kill the grower application IF the conviction occurred within two years of submitting the grower application to the Oklahoma Medical Marijuana Authority.
Violent Felony Conviction
A violent felony conviction of an individual grower or owner of a business entity will kill the grower application IF the conviction occurred within five years of submitting the grower application to the Oklahoma Medical Marijuana Authority.
What Is Violent Felony?
Oklahoma statutes and medical marijuana regulations define violent felonies. They are any of the following felony offenses and any attempts to commit, conspiracy to commit, or solicitation to commit the following:
- Assault, battery, or assault and battery with a dangerous or deadly weapon
- Assault, battery, or assault and battery with a deadly weapon or by other means likely to produce death or great bodily harm
- Aggravated assault and battery on a police officer, sheriff, highway patrolman, or any other officer of the law
- Poisoning with intent to kill
- Shooting with intent to kill
- Assault with intent to kill
- Assault with intent to commit a felony
- Assaults with a dangerous weapon while masked or disguised
- First-degree murder
- Second-degree murder
- First-degree manslaughter
- Second-degree manslaughter
- First-degree burglary
- Burglary with explosives
- Kidnapping for extortion
- First-degree robbery
- Second-degree robbery
- Armed robbery
- Robbery by two or more persons
- Robbery with a dangerous weapon or imitation firearm
- Child abuse
- Wiring any equipment, vehicle or structure with explosives
- Forcible sodomy
- First-degree rape in the first degree
- Second-degree rape
- Rape by instrumentation
- Lewd or indecent proposition or lewd or indecent act with a child under 16 years old
- Use of a firearm or offensive weapon to commit or attempt to commit a felony
- Felonious pointing of a firearm
- Felonious rioting
- Inciting to riot
- First-degree arson
- Injuring or burning public buildings
- Criminal syndicalism
- Obtaining signature by extortion
- Seizure of a bus, discharging firearm or hurling missile at a bus
- Mistreatment of a mental patient
- Using a vehicle to facilitate the discharge of a weapon
- Bombing offenses
- Child pornography or aggravated child pornography
- Child prostitution
- Abuse of a vulnerable adult as defined who is a resident of a nursing facility
- Aggravated drug trafficking
- Aggravated assault and battery upon any person defending another person from assault and battery
- Human trafficking
- Terrorism crimes
3. Unlawful Presence In The United States
The Oklahoma Medical Marijuana Authority participates in the Systematic Alien Verification for Entitlements (SAVE) Program, an intergovernmental information-sharing system designed to help determine a non-citizen applicant’s immigration status (lawful presence), and thereby ensuring only U.S Citizens and eligible non-citizens receive government benefits, such as licenses.
Each owner of the medical marijuana growing business must be a United States citizen or lawfully present in the United States.
You can find a list of eligible non-citizen statuses and the required supporting documentation here.
4. Lack Of Oklahoma Residency
The applicant, the members, managers, and board members, if applicable, and 75 percent of the ownership interests must be Oklahoma residents.
5. Not Being In Good Standing With The Oklahoma Secretary of State
Whatever your business entity is, it must be in good standing with the Oklahoma Secretary of State. This good standing requirement does not apply to sole proprietors and general partnerships.
Failing to renew a business entity annual certificate is an example of what would keep a business from being in good standing with the Secretary of State. For more information, visit the Oklahoma Secretary of State at www.sos.ok.gov.
6. Not Supplying Required Information and Documentation
It’s a no-brainer, but failing to supply the required information and documentation (including items not included in this article) will kill your application for a grower license.
Under State Question 788 law, the Oklahoma State Department of Health (through the Oklahoma Medical Marijuana Authority) has two weeks to review the application, approve or reject it, and mail the approval/rejection letter (if rejected, stating reasons for rejection) to the applicant.
Applications for licenses must be submitted online at the Oklahoma Medical Marijuana Authority (OMMA) website at OMMA.Ok.Gov.
Need Help With Your Medical Marijuana License?
If you are getting into the medical marijuana business, it’s important to hire Tulsa medical marijuana attorney Stephen Cale to guide and defend you.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He’s not new to cannabis law. He consistently stays abreast of the complex area of marijuana regulations and laws.
He has been serving people with legal needs for 20 years. So, you’ll be getting a Tulsa medical marijuana attorney with EXPERIENCE.
Call the Cale Law Office at 918-277-4800 for your free initial consultation and for more information. Or, contact us via the web.
Tulsa medical marijuana attorney Stephen Cale serves clients throughout Oklahoma and Northeastern Oklahoma, including Tulsa County, Jenks, Glenpool, Bixby, Collinsville, Owasso, Sand Springs, Sapulpa, Rogers County, Catoosa, Claremore, Mayes County, Adair, Chouteau, Disney, Grand Lake, Langley, Locust Grove, Pensacola, Salina, Spavinaw, Wagoner County, Coweta, Muskogee County, Webbers Falls, Okmulgee County, Pawnee County, Keystone Lake, Osage County, Pawhuska, Hominy, Nowata County, Coffeyville, Craig County, Vinita, Big Cabin, Washington County, Bartlesville, Copan, and Dewey.