Cannabis Business in Oklahoma

Medical Marijuana in OK

The Oklahoma Medical Marijuana Authority (OMMA) issues licenses to cannabis businesses in the state.

There are several types of medical marijuana licenses, including:

• Grower
• Processor
• Dispensary
• Transporter
• Transporter Agent
• Testing Laboratory
• Waste Disposal Facility
• Research
• Education

A moratorium on new dispensary, grower, and processor licenses began on August 26, 2022 and has been extended until August 1, 2026. This does not affect current licensees who are eligible to apply for renewal.

All applicants must meet certain requirements, including:

• Be at least 25 years old
• Be an Oklahoma resident
• If an entity, have all members, managers, and board members be Oklahoma residents
• If an entity, have at least 75% ownership held by an Oklahoma resident
• Undergo a background check; a nonviolent felony conviction in the last two years or any other felony conviction in the last five years will disqualify the applicant

Other requirements vary depending on the type of license. For example:

• Growers are also required to obtain a transporter license, which allows them to transport their own medical marijuana and medical marijuana products.
• Dispensaries are the only license type allowed to sell to patients and caregivers.
• Processors can receive a hazardous or nonhazardous license, depending on the chemicals used.
• Testing Laboratories must show documentation of accreditation to ISO 17025 standards.

Those thinking of opening a cannabis business in Oklahoma might find a cannabis business for sale due to the moratorium on new licenses. It is important to be aware of all the state regulations and requirements before making any decisions.

Hemp Production in Oklahoma State

The 2018 Farm Bill removed hemp from the list of controlled substances and legally distinguished hemp from marijuana, based on its delta-9 tetrahydrocannabinol (THC) concentration. This concentration cannot be more than 0.3 percent on a dry weight basis, for it to be classified as industrial hemp. The passage of the bill has caused many Oklahoma farmers to consider growing industrial hemp.

However, there are some risks associated with industrial hemp production. For example, there are currently very few hemp processors in Oklahoma. Additionally, most pesticides are not labeled for use in industrial hemp production in Oklahoma.

To mitigate risks, farmers are encouraged to maintain diverse income streams, negotiate upfront payments from processors, and save enough working capital for the entire growing season.

CBD in OK

CBD oil derived from industrial hemp is legal in Oklahoma. In 2018, HB 2913, also known as the Oklahoma Agricultural Industrial Hemp Pilot Program (OAIHPP), legalized the farming and sales of industrial hemp. The law allows only universities and colleges to apply for a yearly license to grow industrial hemp for research. However, independent producers may enter into a contract with these academic institutions to obtain a license.

In 2019, Senate Bill 868 decriminalized industrial hemp at the state level. The bill required the Oklahoma Department of Agriculture, Food and Forestry (ODAFF) to adopt rules for industrial hemp production and prepare plans, reports, and other documents to be submitted to the United States Department of Agriculture (USDA). In 2021, ODAFF created the Oklahoma State Hemp Plan. According to this plan, persons or businesses seeking to participate in the program must file an application with the ODAFF. They may be required to submit separate applications and fees for each location they wish to use for industrial hemp cultivation.

There are no restrictions on how much industrial hemp-derived CBD may be possessed. It may be sold legally over the counter but must contain no more than 0.3% THC.