Frequently Asked Questions

  • As attorneys working in Oklahoma’s cannabis industry, we represent clients across the full spectrum of cannabis law:

    • Criminal defense

    • Expungement of past marijuana convictions

    • Marijuana DUI defense

    • OMMA and OBNDD licensing and compliance

    • OBNDD and OMMA administrative actions or hearings

    • Business formation, contracts and corporate law

    • Appeals of license denials or revocations

    • Mergers, accusations and business license transfers

    • Trademark registration

    • Collections

    …And more. The attorneys at Gies Law Firm can guide you through any issue that intersects with marijuana and the law, whether it’s a criminal matter, you’re a patient, a business owner or an investor or creator in the Oklahoma cannabis industry.

  • Cannabis law in Oklahoma is not limited to one area of practice, it spans criminal defense, administrative hearings, business formation, licensing and regulatory compliance. Because OMMA and OBNDD rules interact with state criminal statutes and federal restrictions, even a small misstep can have consequences across multiple areas at once. A cannabis-specific attorney has the experience to see those connections, anticipate risks and protect both individuals and businesses in ways that general practice attorneys may not consider.

  • Cannabis is legal for medical use only in Oklahoma. Patients with a valid OMMA-issued medical marijuana license may legally purchase, possess and grow cannabis within the limits set by state law. Recreational use remains illegal, and possession without a medical card can result in misdemeanor or felony charges depending on the amount.

    For businesses, cannabis operations are legal only with both an OMMA license (for dispensaries, growers, processors, transporters, and labs) and an OBNDD registration. Operating without both can lead to administrative penalties, fines, or criminal prosecution.

    At the federal level, marijuana remains a Schedule I controlled substance, which means state-legal activity in Oklahoma still conflicts with federal law

  • Yes. Even with medical legalization, patients can be penalized for a variety of cannabis related issues ranging from possession over the limit and distribution to driving while impaired.

    Non-patients can still face misdemeanor or felony charges for possession or distribution.

    Learn more about patient rights and possession limits here.

  • Yes. Having an OMMA medical marijuana card does not protect you from DUI charges in Oklahoma. Starting November 1, 2025, Senate Bill 54 (SB 54) changes DUI law in ways that place medical marijuana patients at even greater risk.

    Under Oklahoma law, any detectable amount of THC or its metabolites can support a DUI-D (driving under the influence of drugs) charge. This applies even if you are not impaired and even if the THC is from medical marijuana used days earlier. SB 54 goes further by creating a new category of “Aggravated DUI”, which turns certain cases into automatic felonies with mandatory jail time if specific conditions are present.

    Aggravated DUI factors under SB 54 include:

    • A BAC of 0.15 or higher (alcohol cases)

    • Involvement in a reportable accident

    • Reckless driving, improper lane use, or other traffic violations

    • Eluding law enforcement

    • Speeding 20+ mph over the limit (or 10+ mph in a school zone)

    • Having a passenger under 18 in the vehicle

    If a driver has marijuana metabolites in their system and one of these factors applies, the offense becomes a felony. A conviction carries a mandatory minimum of 10 days in jail with no option for probation or deferred sentence. Repeat offenses can bring up to 20 years in prison.

    Read more about marijuana DUI and your risks as a patient here.

  • In many cases, yes. Oklahoma’s expungement laws allow people with cannabis-related charges — including misdemeanor possession, cultivation and even some felonies — to seal their records. Once expunged, these charges are no longer visible to employers, landlords or licensing authorities.

    With the Clean Slate Act (HB 3316) launching automatic expungements for eligible cases on November 1, 2025, now is the perfect time to explore your options.

    Please read our blog on expungements to see if you may qualify.

  • It depends on the details. Oklahoma law requires all applicants for an OMMA commercial license (dispensary, grower, processor, transporter, or testing lab) to pass a background check. The rules around felonies are clearly defined:

    • Any nonviolent felony conviction within the last two (2) years disqualifies you from licensure.

    • Any violent felony conviction within the last five (5) years is also disqualifying.

    If your felony conviction falls outside of these parameters, you can successfully apply for a cannabis business licenses in Oklahoma.

    We may also be able to help expunge some felony records in Oklahoma.

  • The attorneys at Gies Law Firm operate at the intersection of corporate and cannabis law and can expertly guide you through contract negotiation and drafting. A solid business foundation is critical in cannabis. We draft and negotiate:

    • Partnership and investor agreements

    • Lease and vendor contracts

    • Corporate formation and governance documents

    • Purchase sales agreements and more

    Because these contracts often determine whether OMMA or OBNDD will approve your license, they must be drafted with compliance in mind. We can help.

  • No. However, it is recommended. New rules in effect this year will allow OMMA to deny an application after just one rejection if the issue is not corrected. The stakes are higher than ever, so it’s best to have someone handle the process who has experience with the nuances of each application stage and process.

    Our office handles every stage of the OMMA licensing process for dispensaries, growers, processors, transporters, and laboratories, as well as the required OBNDD registration. We assist with:

    • Preparing and submitting new license applications

    • Timely license renewals

    • Ownership changes and compliance updates

    • Responding to deficiency notices

    • Representing clients in hearings if a license is denied, suspended, or revoked

    Licensing is the foundation of every cannabis business. A mistake on an application or a missed deadline can cost you your ability to operate. Gies Law Firm provides the legal and regulatory support needed to keep your business compliant and ope

  • Yes, non-Oklahoma residents can own a portion of a medical marijuana business in Oklahoma, but strict residency requirements limit full ownership to promote local control under the Oklahoma Medical Marijuana and Patient Protection Act (63 O.S. § 420 et seq.). As of 2025, at least 75% of ownership interests must be held by Oklahoma residents (proven via 2-5 years of residency documents like utility bills or driver's licenses). This applies to commercial licenses for dispensaries, growers, processors, etc., issued by OMMA.

    Key Rules for Non-Residents:

    • Ownership Cap: Up to 25% equity for out-of-state individuals or entities.

    • Citizenship Requirements: Owners must be U.S. citizens, lawful permanent residents, or temporary residents. Provide an Affidavit of Lawful Presence.

    Keep in mind your Oklahoma resident partner must be legitimately involved in your business or else you risk revocation and potential charges for Straw Ownership.

  • If your Oklahoma cannabis business faces a wrongful raid due to lack of probable cause or improper warrant execution act fast. Stay calm during the raid, assert your rights and request the warrant. Document everything and present OMMA and OBNDD credentials/Metrc reports to prove compliance.

    Immediately following the raid, preserve evidence and hire a cannabis attorney to file a motion to suppress or request an administrative hearing. Civil suits for damages are possible if rights were violated.

  • There is currently a moratorium on new licenses in effect until August 2026 at least. The only way to acquire a business license now is through the secondary market. You can find licenses being sold in Facebook groups related to Oklahoma’s medical marijuana industry.

    There are specific requirements you must meet to be approved:

    • 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

    • Licenses are location specific, so you need a qualifying facility. All business applicants will be required to submit a Certificate of Occupancy from the State Fire Marshal or local Authority Having Jurisdiction. If your facility does not have a Certificate of Occupancy, your application will not be approved.

    • 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 you can meet these basic standards, you apply through the Oklahoma Medical Marijuana Authority’s licensing portal initially. Oklahoma is a two-parent licensing state. Once you obtain an OMMA license, you will then need to apply for a permit with the Oklahoma Bureau of Narcotics and Dangerous Drugs.

    Once both the OMMA certificate and OBNDD permit have been obtained, you are able to legally operate.

  • Cannabis law is not a side practice here. It’s our core. We’ve represented patients, business owners and investors across criminal defense, licensing, compliance and corporate law in Oklahoma since 2019. We understand both the letter of the law and the day-to-day realities of operating in this industry. Whether you’re starting a business, fighting a Cannabis DUI, clearing your record through expungement or facing disciplinary action, our team offers unique experience to guide you through it all.