HB 3361 Compliance Checklist: Prepack Rules for Oklahoma Cannabis Businesses
Oklahoma's House Bill 3361 goes into effect on June 1, 2025, and with it comes a sweeping change that requires all medical marijuana flower to arrive at dispensaries in pre-packaged, retail-ready form. This marks the end of bulk flower transfers and introduces stricter compliance expectations at the point of intake.
While OMMA has long enforced packaging and labeling rules, HB 3361 ups the ante and will likely increase Authority scrutiny on compliance. Dispensaries are now the legal backstop for packaging violations, meaning one misstep can expose your business to fines or even license risk.
At Gies Law Firm, we've created a compliance-forward intake checklist for dispensaries to ensure you’re aligned with both HB 3361 and existing OMMA packaging rules. This guide is designed for intake managers, inventory leads, and owners who need to make snap compliance decisions when product is delivered.
Use the following checklist to protect your license and streamline your intake process.
Purchase & Packaging Checklist
Please note: This packaging checklist is specific to dispensary protocols based on OMMA rules currently effective as of October 2024. Packaging requirements between other license types may differ. OMMA has proposed new rules that, once adopted, may modify or supersede certain requirements outlined here. This checklist will be updated accordingly. Licensees are strongly advised to monitor OMMA’s rulemaking process for official updates.
REJECT IMMEDIATELY IF YOU NOTICE THE FOLLOWING:
Product is not in pre-packaged retail-ready form
Packages exceed 3 oz or are under 0.5 oz
Package is unsealed, resealable without tamper strip, or appears previously opened
Any label item is missing or unreadable
Label includes prohibited terms like “Organic” or “Pesticide free*”
Any visual element appeals to minors (cartoons, toys, child-like fonts)
Any curative/therapeutic claims (e.g. “helps anxiety,” “cures pain”)
Origin misrepresentation (e.g. “Cali’s best” or out of state symbols)
The logo of the Oklahoma Medical Marijuana Authority
“*Pesticide Free” can work if the claim can be verified.
ALL PACKAGING MUST CONTAIN:
Product information
Name of the medical marijuana or medical marijuana product
The batch number of the medical marijuana or medical marijuana product
Net quantity or weight of contents
Ingredients list
THC potency on the COA for that batch
Total terpenoid content in the manner prescribed by the Authority
The date the medical marijuana or medical marijuana product was packaged
The date the medical marijuana or medical marijuana product was tested
OMMA Uniform Symbol
Oklahoma Uniform Symbol in full color, at least 0.5" x 0.5", clearly visible
Business information
The licensee's legal business name
Trade name if applicable
OMMA license number
Product Warnings
"Keep out of reach of children."
"For use by licensed medical marijuana patients only."
"Women should not use marijuana or medical marijuana products during pregnancy or while breastfeeding because of the risk of birth defects."
"This product has been tested for contaminants."
PACKAGING ITSELF
Child resistant containers or packaging
OTHER CONSIDERATIONS
Trademark checks don’t just mean looking for ® or ™. They also involve avoiding known brand knockoffs (e.g. "Medible Skittles" or “OG Kush Oreos”)
If packaging has a Trademark claim, make sure it’s legitimate
Inventory tracking system tags can not obscure required label and packaging requirements
Packages and labels are considered inaccurate if the difference in percentage of the cannabinoid and/or total THC claimed to be present on a package or label is plus or minus fifteen percent (15%) of the percentage on the COA
Dispensaries are authorized to display samples of medical marijuana of no more than three (3) grams pursuant to OAC 442:10-5-14. Any remaining medical marijuana from a pre-packaged package size that exceeds three (3) grams must be wasted or disposed of
If any item fails this checklist:
If any item fails this checklist: Reject it in METRC, document the issue in the comments and follow current OMMA rules on return or waste disposal processes.
DOCUMENTING A RETURN
HB 3361 allows returning noncompliant or defective flower to the originating licensee, like a grower or processor. But the current emergency rules, effective October 29, 2024, state that returned flower is considered medical marijuana waste per 63 O.S. §428.1 and must be disposed of per Oklahoma’s waste management laws. This conflicts with HB 3361’s intent to allow returns.
The proposed permanent rules, which OMMA says will be adopted prior to June 1st, clarify that flower sent back immediately to the supplier upon rejection isn’t waste. From now until the time those rules are adopted, you’re stuck with the current emergency rules, which could force you to dispose of rejected flower instead of returning it.
As of today, May 13th 2025, returned medical marijuana and medical marijuana products has to be considered medical marijuana waste and must be disposed of in accordance with Oklahoma law and these Rules. Documentation must include:
The license number, name, contact information, and address of the licensee who sold or otherwise transferred the nonconforming medical marijuana or medical marijuana products to the dispensary
A complete inventory of the medical marijuana and medical marijuana products to be returned or disposed, including the batch number
The reason for the nonacceptance, return, or disposal
The date of the nonacceptance, return, or disposal
This rule will change as soon as OMMA’s proposed emergency rules are fully adopted.
Current rules on returns state:
Products may be returned to the licensed medical marijuana dispensary when found defective or hazardous to the health of the patient. The return of all medical marijuana and medical marijuana products from a licensed medical marijuana dispensary to a licensed medical marijuana processor or licensed medical marijuana commercial grower, or from a licensed medical marijuana processor to a licensed medical marijuana commercial grower, or from any other licensed entity that transferred medical marijuana products to another licensed entity shall be permitted. Pursuant to 63 O.S.,§ 428.1. Definitions returned medical marijuana and medical marijuana products shall be considered medical marijuana waste as defined in OAC 442:10-1-4 and must be disposed of in accordance with Oklahoma law and these Rules.
The proposed rules are:
If a dispensary rejects and/or refuses to accept delivery of any medical marijuana or medical marijuana product or if delivery of the medical marijuana or medical marijuana product is impossible, the medical marijuana or medical marijuana product shall be immediately sent back to the originating licensee who retains legal ownership of the products and the rejection and/or refusal shall be fully documented in accordance with OAC 442:10-7-1(c). For the purposes of this section, medical marijuana or medical marijuana product that is sent back to the originating licensee upon refusal to accept delivery shall not be considered medical marijuana waste, provided the medical marijuana or medical marijuana product were immediately sent back to the originating licensee upon refusal to accept delivery.
If circumstances are such that the dispensary cannot return or refuse to accept the refuse to accept delivery or immediately send back to the originating licensee the nonconforming medical marijuana or medical marijuana products, the dispensary shall dispose of the nonconforming medical marijuana and medical marijuana products in accordance with the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq., and these Rules. Products may be returned to the licensed medical marijuana dispensary when found defective or hazardous to the health of the patient. The return of all medical marijuana and medical marijuana products from a licensed medical marijuana dispensary to a licensed medical marijuana processor or licensed medical marijuana commercial grower, or from a licensed medical marijuana processor to a licensed medical marijuana commercial grower, or from any other licensed entity that transferred medical marijuana products to another licensed entity shall be permitted.
In short, current law treats all returned products as waste requiring disposal. But under OMMA’s proposed rules, products that are immediately rejected and sent back to the originating licensee will no longer be classified as waste. This shift will reduce compliance burdens and preserve product value—but only if the return is documented properly and handled without delay. Licensees should closely monitor when the emergency rules take effect and adjust intake protocols accordingly.
For more information on the pre-pack and HB 3361, listen to the latest episode of The Green Brief podcast: The End of Deli-Style: Breaking Down HB 3361 Before It Hits.
To summarize, HB 3361, effective June 1, 2025, mandates that all medical marijuana flower be pre-packaged, ending deli-style sales. You can sell existing deli-style inventory until it’s gone, but no new deli-style flower can be accepted. non-opaque packaging is allowed under, but every package must pass the OMMA checklist, from seals to labels to child-resistant containers. Emergency rules complicate returns for now, so document rejections thoroughly.
Liability moves with products. Compliance protects your license. Miss a step, and you’re at risk. You can download a current product checklist for your staff here below.
This checklist is provided for general informational purposes only and is not a substitute for legal advice. Regulations are subject to change and it is the responsibility of each licensee to ensure full compliance with current state law and agency rules. While this checklist is based on statutes and rules in effect at the time of publication, new rules are pending and Gies Law Firm assumes no liability for any actions taken or not taken in reliance on this material. Always conduct your own compliance review or consult legal counsel before making operational decisions.
💡 Need help creating a documented SOP for intake? Want a compliance walkthrough before June 1?
Reach out to Gies Law Firm or follow The Green Brief podcast for more breakdowns like this.
