Residency requirements for Transporter Agents to change Nov 1st
HB 2646: Transporter Agent applicants will no longer be required to prove 2 years Oklahoma residency preceding their application submission date.
In a confusing few weeks leading up to the effect date of HB 2646 we have finally confirmed transporter agent applicants will no longer be held to the same standard of residency requirements as commercial business applicants.
Previously, transporter agent applicants were required to provide documents establishing they are an Oklahoma resident as established in OAC 310:681-5-3.1.
310:681-5-3.1. Proof of residency for commercial licensees (a) Applicants shall provide sufficient documentation establishing either: (1) Oklahoma residency for at least two (2) years immediately preceding the application submission date; or (2) Five (5) years continuous Oklahoma residency during the twentyfive (25) years immediately preceding the application submission date.
HB 2646 which was signed into law this summer and goes into effect on November 1st struck-through the requirement that transporter agents would be held to the same standard of proving Oklahoma residency as commercial businesses. When language is struck-through in legislation it generally means the provision is to be omitted.
The new law would instead require transporter agent applicants to only prove current Oklahoma residency by submitting a valid Oklahoma drivers license with their application.
HB 2646 seemed to present this plainly and so was the assumption until OMMA New Emergency Rules for November 1st were released not reflecting any change to transporter agent residency requirements. In the below images you can see the conflict and cause of confusion, where HB 2646 strikes out the provision and OMMA’s new rules explicitly state it still applies.
HB 2646 - showing no proof of previous residency
OMMA new rules - showing previous proof of residency still required
When contacted, OMMA compliance confirmed the language as stated in their new rules—requiring transporter agents to prove Oklahoma residency just as before.
Today however, we were contacted by OMMA legal who cleared the lingering confusion once and for all. As we understand now, OMMA new rules are not currently accurate and OMMA legal is working to correct this provision and other inconsistencies ahead of November 1st. To be certain, beginning November 1st, transporter agent applicants will not need to prove two years residency prior to application—they will only need to provide a current and valid Oklahoma drivers license.
We look forward to this change going into effect and expediting the licensing process for transporter agent applicants. Contact us today if we can assist you with OMMA business or transporter agent licensing.
About Transporter Agent licenses
OMMA issues a transporter certificate to every license type able to transport upon approval of their application—that’s dispensaries, grows, processors and transporters. You might assume that’d be sufficient to get your product from point a to point b, but without a transporter agent license you still are not legally allowed to transport cannabis, even as a licensed transporter.
A transporter agent license allows individual employees/owners/agents to transport medical marijuana on behalf of a licensed transporter, including growers, processors, dispensaries and stand-alone transporters.
Transporter agents are only allowed to transport product for the business that they are employed by as a transporter agent. To transport on behalf of other businesses, you would need a stand-alone commercial transporter license which has its own separate business application and set of requirements.
It is illegal to transport cannabis in any form for business purposes without a transporter agent license. Do not transport your business’ cannabis without a transporter agent license that has been assigned to you, and make sure you have it with you at all times.
More information on transporter agent and transporter licenses can be found here.
