How to get a Medical Marijuana Grower License in Oklahoma
Oklahoma’s medical marijuana industry is booming, now bringing in excess of $1B in total sales since SQ788 passing in June of ‘18, with 9% of the population holding a medical marijuana card. More Oklahoma growers are becoming licensed daily to meet the state’s growing demand, with nearly 400 cultivation licenses added between December and January’s OMMA license report alone. The barrier for entry remains low for now and the growing market is still ripe for Oklahoma cannabis cultivators to find their niche and become “marijuana millionaires.”
“…anyone with a credit card and a dream can take a crack at it.”
-Paul Demko (Politico)
It gave us a chuckle, and while it’s essentially true, there’s obviously much more that goes into it. In this blog we’ll give you a basic outline of what you’'ll need to start and grow a 100% compliant cultivation business in Oklahoma.
Getting a License
Obtaining an Oklahoma growers license from the OMMA will allow your business to grow a currently uncapped amount of plants and sell to licensed processors and licensed dispensaries in Oklahoma. The license application fee is $2,500, and a separate license and application is needed for each location and license type.
Here’s what requirements you’ll need to meet to obtain an Oklahoma grow license as of this writing:
You must be 25+ years old
You’ll have to prove two years residency preceding the date of application or five continuous years of the last 25 years preceding the date of application, in order to establish that 75% of the owners are Oklahoma residents as required by SQ 788
All business applicants will be required to submit a Certificate of Compliance from the political subdivision that has jurisdiction where the business is located (usually a city or county). This means you need to have secured a property.
Each owner and officer must provide and pass a background check. If any owner or officer has a non-violent felony in the past 2 years or a violent felony in the past 5 years the application will be denied.
If your business is structured as an LLC, Corporation or Limited Partnership, you’ll need to provide proof of good standing from the Secretary of State.
Other things you’ll need
Oklahoma Tax Permit
Trade Name Documentation
Ownership Disclosure documentation
Ownership list
The timeline for OMMA review of business applications and renewals will be 90 business days. If an application is rejected for failure to provide required information, applicants will have 30 calendar days to submit the required information for reconsideration or the application will expire.
-Oklahoma Medical Marijuana Authority
Once approved, your license will come in the form of a licensed certificate and you must remain in compliance with Title 63 O.S. § 420et seq. and the Oklahoma Administrative Code (OAC) 310:681.
You’ll also need to register with the OBNDD after receiving your license from OMMA. See 63 O.S. §§ 2-101 & 2-302. This is required by law before any medical marijuana or medical marijuana products can be present at the business. See OAC 475:10-1-9(a).
How we can help
At Gies Law Firm we know where all the sticky places in the process of starting and scaling a canna-business usually come up. We’ll help you understand the legal landscape with clarity and confidence, take care of the tedious and make your license approval process smooth and stress free. We provide end-to-end services to help you start and maintain a successful, fully compliant medical cannabis business in the state of Oklahoma.
We can help with:
Forming and structuring your business
Operating agreements & contract negotiation
Background checks & expungement
OMMA licensing & OBNDD registration
Continued compliance assurance
And everything that comes up along the way.
Getting a license is really just the beginning of an ongoing process of keeping up with the natural shifts of an emergent industry. Having a legal team that knows cannabis law and corporate law and understands acutely the complexity that arises from competing, ever-changing state and federal law is a tremendous asset in this venture.
At Gies Law Firm, we are that team. Our industry embedded lawyers will guide you through each step of the process and beyond. We can help you break into the Oklahoma medical marijuana market and grow a successful business.
Ready to realize your marijuana business goals? Contact us today.
