WHAT MEDICAL MARIJUANA DISPENSARIES, GROWERS, AND PROCESSORS NEED TO KNOW ABOUT OBNDD REGISTRATION | A GUIDE
Currently, Oklahoma marijuana dispensaries, growers, processors, and researchers must register with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD). Which form of registration is required can be confusing. Tulsa medical marijuana attorney Stephen Cale explains what you need to know in making your choice.
The following is for informational purposes and not legal advice. If you need legal counsel, seek a Tulsa medical marijuana attorney.
THE OBNDD REGISTRATION RULE
The Oklahoma Medical Marijuana Authority adopted the following rule. It’s found in Title 310, Chapter 681-1-5(b) of the Oklahoma Administrative Code (OAC). It states:
OBNDD Registration. Any dispensary, grower, processor, or researcher issued a license authorized by this Chapter, is required to obtain an Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (“OBNDD”) registration prior to possessing or handling any marijuana or marijuana product pursuant to 63 O.S. §§ 2-302 & 2-303, 63 O.S. § 2-101, and OAC 475:10-1-10.
BREAKING IT DOWN | WHAT IT MEANS
Within the rule, you’ll notice some references to state statutes and the Oklahoma Administrative Code. Title 63 sections 2-302 and 2-303 require “every person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes any controlled dangerous substance within this state, or who proposes to engage in” those activities, to register with OBNDD. Marijuana is classified as a controlled dangerous substance under state and federal law. Title 475, Chapter 10-1-10 deals with how a person can register with OBNDD.
BREAKING IT DOWN EVEN MORE | HOW TO REGISTER
Dispensaries, growers, and processors licensed with the OMMA may:
1) Apply online at www.obnregistration.ok.gov; or
2) Print a paper application at www.ok.gov/obndd from the left menu titled OBN Registration Forms
and follow the instructions.
REALLY BREAKING IT DOWN | WHAT CATEGORY TO CHOOSE | MANUFACTURER OR CDS DISTRIBUTOR
Growers and Processors
If you have a Grower or Processor license, then you will apply for a Manufacturer Registration with OBNDD. The fee is $500.
Dispensaries
If you have a Dispensary license, then you will apply for a CDS Distributor Registration with OBNDD. The registration fee is $300.
For both categories, If you apply and pay online there is a $12.00 transaction fee added to the registration fee.
WHAT IF YOU HAVE MULTIPLE LICENSES? | WHAT THEN?
The OBNDD registration applies to each address where the medical marijuana activity is taking place, said Tulsa medical marijuana attorney Stephen Cale. Here are some examples provided by OBNDD:
Example 1
You have both a grower and processor license and each of those activities will be taking place at the same address. In this instance, you will need to get only one OBNDD Manufacturer Registration.
Example 2
You have both a Grower (or processor) license and Dispensary license and each of those activities will be taking place at the same address. Under this situation, you need only one OBNDD Manufacturer Registration.
Example 3
You have both a grower and processor license and each of these activities will be taking place at different addresses. So, you will need to obtain an OBNDD Manufacturer Registration for each address.
Example 4
You have a Grower (or processor) and Dispensary license and each of those activities will be taking place at a different address. In this case, you will need to obtain a Manufacturer Registration for the growing (or processing) address and a Distributor Registration for the Dispensary address.
HOW LONG THE REGISTRATION PROCESS TAKES
After submitting the OBNDD application, you can expect to receive an additional form within three to five business days, according to OBNDD. You will need to fill out that form and return to the OBNDD. Once the agency receives that completed form, it will be about two to three weeks before your application is processed.
You will receive an email notification from the OBNDD as to whether your application was approved or denied. The OBNDD asks to allow up to three weeks from the time you submit your application before calling to ask about the status of your application.
BY THE WAY | A COUPLE OF MISCELLANEOUS THINGS
The application asks for a Drug Enforcement Agency (DEA) number and a National Provider Identifier (NPI). As a licensed medical marijuana grower, dispensary or processor, you do not have to get these, according to the OBNDD. For that part of the application, mark the “Pending/NA” box on the application.
Also, there is a section of the application dealing with a Schedule number. You should mark only Schedule 1, according to the OBNDD.
CAN THEY MAKE YOU DO THAT? | CLASS ACTION LAWSUIT
As of the writing of this article, a class action lawsuit had been filed contesting the legality of the OBNDD registration requirement. Caulfield Holdings Botanicals and Alicia Vargas sued the OMMA, OBNDD, and the Oklahoma Tax Commission on Oct. 19, 2018, in Oklahoma County District Court. As of this writing, no decision on the lawsuit has been made. The Cale Law Office is not involved in this lawsuit.
For now, licensed growers, processors, and dispensaries should comply with the OBNDD registration requirement, said Tulsa medical marijuana attorney Stephen Cale.
NEED HELP FOR YOUR MEDICAL MARIJUANA BUSINESS?
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 has been charged with a crime or is looking for an attorney for medical marijuana licensing, regulation or compliance issues, call the Cale Law Office at 918-771-7314. 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 has been serving people with legal needs for 20 years. So, you’ll be getting a Tulsa medical marijuana attorney with experience.
Attorney Stephen Cale is a Tulsa medical marijuana attorney who has a passion for medical marijuana causes. He understands how people benefit from cannabis and wants to help them and marijuana businesses. He has certification in marijuana horticulture and is knowledgeable about the cannabis industry. You can see testimonials at CaleLawOffice.com/testimonials.