Yes, Oklahoma requires testing for marijuana and marijuana products. The testing is to ascertain the suitability and safety of medical marijuana and medical marijuana products for human consumption. The Medical Marijuana Regulations of the Oklahoma State Department of Health, which became effective on September 11, 2021, is the guiding rule for testing medical marijuana and licensing marijuana testing laboratories in the state. The Oklahoma Medical Marijuana Authority (OMMA) was established to oversee the state’s medical marijuana program. The OMMA is a division of the Oklahoma State Department of Health.
The OMMA is responsible for licensing and regulating marijuana testing laboratories and other cannabis businesses such as growers, processors, dispensaries, and transporters. Growers and processors are required by law to submit batch samples of all cannabis products for testing in OMMA-licenced testing laboratories. A batch must not exceed 10 pounds. It is a crime for an unlicensed laboratory or a licensee with an expired license to test cannabis products in Oklahoma. The Medical Marijuana Regulations lists the different kinds of tests to be carried out by the testing laboratories. Per the Medical Marijuana Regulations, the tests detect the presence of, and measure the levels of the following contaminants:
The testing laboratories are also required to test the potencies of THC and terpenoid in the samples.
A batch may be retested following a failed test from the reserved samples of the same batch. If the batch passes the first retest, it must be retested a second time to confirm the result. If the batch passes the second retest, then it can be processed, sold or transferred. Should the batch fail either the first or second retest, the batch must either be remediated or decontaminated.
Yes. However, Oklahoma does not have an agency responsible for testing marijuana and marijuana products. The state licenses independent, third-party testing laboratories to provide the service through the Oklahoma Medical Marijuana Authority (OMMA). An independent laboratory applicant will be issued the testing laboratory license upon satisfying the conditions stated in the Medical Marijuana Regulations. The OMMA regulates the operations of independent testing laboratories. As of October 6, 2021, there are 26 licensed testing laboratories in the state.
For a marijuana testing laboratory to be licensed in Oklahoma, the laboratory must have the ISO/IEC 17025 accreditation. Per the Medical Marijuana Regulations, the ISO/IEC 17025 accreditation can be obtained from the Perry Johnson Laboratory Accreditation (PJLA), American Association for Laboratory Accreditation (A2LA), ANSI/ASQ National Accreditation Board, or any other recognized accrediting entity. From January 1, 2020, complete ISO/IEC 17025 accreditation is required for a testing laboratory license to be issued in Oklahoma.
The International Organization for Standardization (ISO) is an independent, not-for-profit, international association of over 165 equal national standards bodies. It develops consensus-based standards by bringing together experts in relevant fields to share knowledge, and it has developed over 24,000 international standards.
The ISO/IEC 17025:2017 is the third and latest version of ISO/IEC 17025. The ISO/IEC 17025 certification indicates that a laboratory follows a recognized quality management system using appropriate tools/equipment, and the results obtained can be relied upon by governments, regulatory bodies, and other institutions/corporations. It is not only sufficient to be ISO/IEC 17025 certified; a laboratory must maintain the certification to continue in business. The ISO/IEC 17025:2017 stipulates five rigorous requirements that must be met for a facility to be accredited.
Per the Medical Marijuana Regulations, a testing laboratory can only test within the scope of its accreditation but can outsource other tests to accredited laboratories and must identify the testing laboratories in their reports.
An applicant must apply to the Oklahoma Medical Marijuana Authority (OMMA) to acquire a testing laboratory license. Applications can only be made online via the OMMA website; there is no provision for physical or mail applications. Laboratory license applicants must meet all the requirements for a marijuana commercial/business license. The commercial license is required for all marijuana businesses in Oklahoma.
The basic requirements for applying for a commercial license are:
Applicants can apply for the commercial license via the OMMA application portal. The checklist of requirements for the application are as follows:
Upon submitting the online application for a testing laboratory license, an on-site inspection of the facility is then scheduled. The inspection covers the following:
The applicant must then pass a proficiency test conducted by the OMMA or its agent. The timeline to process a licensing application is 90 days. Licenses are valid for one year. Licensees can apply for renewal not more than 60 days from the expiration date. If an application is rejected for whatever reason, the applicant has 30 days to request a reconsideration of the application; otherwise, the application will expire.
All testing laboratory licensees must complete an ownership attestation form with the Oklahoma Bureau of Narcotics (OBN) within 60 days of license acquisition, or they forfeit the license. A laboratory licensee can transport marijuana but must apply for and obtain the OMMA transporter license.
The cost of applying for a testing laboratory license in Oklahoma is $2,500. There are no additional application fees. The application fee is non-refundable. The Laboratory license is renewed annually, and the cost is also $2,500. The applicant must make payment before the application is submitted for processing. Applicants can make payments on the portal via Visa, MasterCard, or Discover credit or debit cards. An additional credit card processing fee will be added to the transaction.
Are there Local Regulations for Cannabis Testing Facilities in Oklahoma?
The Medical Marijuana Certificate of Compliance is the only document required from counties/cities where the laboratory is located before issuing a license. Applicants are expected to be familiar with the local authority laws and regulations. The Certificate of Compliance certifies that local ordinances, such as occupancy, zoning, building codes, and licensing laws, are adhered to. All questions in the compliance form must either be marked ‘Yes’ or ‘NA’ (Not Applicable) for the application to be approved. The cost of getting a testing laboratory Certificate of Compliance varies from one city to another in the state; for instance, it costs $900 in Norman and $750 in Oklahoma City.