Important Note for Dispensaries: Distance from a School
As stated in OAC 310:681-5-3(e)(4), dispensaries must provide proof that the location is at least 1,000 feet from a public or private school. This distance is measured by the straight-line (shortest) distance from the nearest point of the location of the dispensary to any entrance of a school. It is not measured by walking or driving distance. Any school that holds classes or activities for students, such as field houses, track/practice fields or agriculture classes, is included in this restriction. It is the responsibility of the applicant/licensee to ensure the dispensary is not within 1,000 feet of any applicable school entrance. If this distance is less than 1,000 feet, the dispensary application will be denied and the application fee will not be refunded.
The OMMA must be able to verify the documentation provided by the dispensary. Officials use satellite measuring tools to verify the specific distance from the closest point of the dispensary’s property line to the closest entrance of any school. Applicants are encouraged to review the Proof of Distance from a School document and use multiple tools (such as maps) and resources to ensure compliance with this requirement. Applicants with questions about schools near their location may want to contact the local school district. Please reference the Proof of Distance from a School document for more information.
What is a medical marijuana grower license?
A medical marijuana grower license allows a business to legally grow marijuana for medical purposes in Oklahoma. Licensed growers can sell to licensed processors and licensed dispensaries only. Grower licenses will be in the form of a license certificate. Licensed growers must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
What is a medical marijuana processor license?
A medical marijuana processor license allows a business to legally process marijuana for medical purposes in Oklahoma. Licensed processors can sell to licensed dispensaries and other licensed processors. Licensed processors may also process marijuana into a concentrated form for a patient license holder for a fee. Processor licenses will be in the form of a license certificate. Licensed processors must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
What is a medical marijuana dispensary license?
A medical marijuana dispensary license allows a business to legally sell medical marijuana and medical marijuana products, including mature plants and seedlings. Licensed dispensaries can only sell to patient license holders, caregiver license holders, research license holders, and the parent or legal guardian named on a minor patient’s license. Dispensaries engaging in unlawful sales may be fined, or their licenses may be revoked. Dispensary staff may validate licenses using the OMMA verification system, which will be available in early September. Staff may also validate the purchaser’s identity. Dispensary licenses will be in the form of a license certificate. Licensed dispensaries must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
What is a medical marijuana transportation license?
A medical marijuana transportation license will be provided with an approved grower, processor, or dispensary license. A transportation license is in the form of a notation on the grower, processor, or dispensary license and allows an individual/entity to legally transport medical marijuana with a copy of the license.
Licensed transporters can legally transport medical marijuana from a licensed grower, licensed processor, or licensed dispensary to a licensed grower, licensed processor, licensed dispensary, or licensed researcher. Licensed transporters must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 310:681.
What are the basic requirements to be eligible to apply?
- Applicants must be 25 or older.
- Individual applicants must be Oklahoma residents.
- Members, managers, and board members of entity applicants must all be Oklahoma residents.
- Entities must show that at least 75% ownership held by an Oklahoma resident.
- All owners and officers must provide a background check; nonviolent felony convictions in the last two years and any other felony conviction in the last five years for any owner will disqualify the applicant.
- Unless the business entity is a Sole Proprietorship or General Partnership, the applying entity must submit a copy of the Oklahoma Secretary of State’s certificate of good standing document. For more information, visit the Oklahoma Secretary of State at www.sos.ok.gov.
- Dispensaries must provide proof that they are not within 1,000 feet of any entrance to any public or private school.
Proof of identity can be established by providing a digital, color copy of one of the following unexpired, valid documents:
- Oklahoma driver’s license (front and back)
- Oklahoma identification card (front and back)
- U.S. passport or other photo identification issued by the U.S government
- Tribal identification card approved for identification purposes by the Oklahoma Department of Public Safety:
- United States Bureau of Indian Affairs identification card or a Oklahoma tribal photo identification cards: Muscogee (Creek) Nation of Oklahoma, Kiowa, Comanche, Apache of Oklahoma, Absentee Shawnee, Cheyenne-Arapaho, Choctaw, Delaware, Caddo Nation of Oklahoma issued on or after January 8, 2008.
Each owner will need to supply an Affidavit of Lawful Presence Form and supporting documentation if he or she is not a U.S. citizen.
New requirements starting August 30, 2019:
- Applicants must supply a Certificate of Compliance for their business location
- No individual with ownership interest in the business can be a sheriff, deputy sheriff, police officer or prosecuting officer, or an officer or employee of OMMA or a municipality in which the commercial entity is located
- Applicants must supply ownership disclosure documentation
- Applicants must provide proof of good standing from the Secretary of State (SOS) and/or their permit from the Oklahoma Tax Commission (OTC), if applicable, depending on the business type and business structure:
|Sole Prop. ||Gen. Part. ||LLC ||Corporation ||Limited Part. |
|Grower ||N/A ||N/A ||SOS ||SOS ||SOS |
|Processor ||OTC ||OTC ||OTC, SOS ||OTC, SOS ||OTC, SOS |
|Dispensary ||OTC ||OTC ||OTC, SOS ||OTC, SOS ||OTC, SOS |
|Transporter ||N/A ||N/A ||SOS ||SOS ||SOS |
Proof of Oklahoma residency can be established by providing a digital, color copy of one or more of the following documents:
- Oklahoma driver’s license (front and back)
- Oklahoma identification card (front and back)
- Oklahoma voter identification card
- Utility bills, excluding cellular telephone and internet bills
- A residential property deed to property in the State of Oklahoma
- A current rental agreement for residential property located in the State of Oklahoma
- Other documentation deemed sufficient by OMMA
NOTE: If a business must meet the new 2 or 5-year residency requirements, a combination of documents that prove residency for the duration of the 2 or 5 years must be provided.
For a detailed list of all required documents and information, review this Commercial License Checklist prior to submitting a Commercial License Application online.
Do I need to submit a separate license application for each location of my business?
Yes, separate licenses are required for each location. A separate application and non-refundable application fee for each location is required. You also will need to submit a separate application and non-refundable application fee for each license type (processor, grower, dispensary). However, you may use the same background check of owners for multiple license applications as long as the background checks have been completed within 30 days from the date the license was submitted.
How long does my license last?
Licenses are valid for one year from the date issued, unless the license is revoked by OMMA. A license may be renewed before it expires.
How do I apply?
Applications and payment will be collected at omma.ok.gov. A valid email address is required for login. This email address will be used to send notices once an account is created.
What information and documentation do I need to provide in the application?
To help with the application process review the Commercial License Checklist prior to submitting a Commercial License Application online.
Are background checks required?
Yes, background checks are required for all owners and officers. Please review the instructions on Commercial License Background Check Requirements
prior to submitting an application. The applicant is responsible for all costs associated with the background checks.
How much does the application cost?
The application fee for a grower, processor, dispensary, or transporter application is $2,500. Application fees will be paid by Visa, MasterCard, or Discover credit or debit card. An additional credit card processing fee will be added to the transaction. These application and processing fees are non-refundable. The payment will not be refunded for applications not approved.
What happens after I apply?
Once the application has been submitted, it will be reviewed by the OMMA. If it is deemed complete and meets all requirements, an approval letter with the identification card will be mailed within 90 business days of the application submission date.
If an application is incomplete due to unclear or missing information or documents, you will receive email correspondence stating the reason(s) it is incomplete. You will be able to log back in to your account to make corrections. The submission date is the date a complete application is provided.
If an application is reviewed and denied because all requirements have not been met, a denial letter stating the reason(s) for denial will be mailed within 90 days of submission.