Oklahoma Marijuana Testing License

Does Oklahoma Require Testing for Marijuana and Marijuana Products?

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-licensed 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:

• Microbiological testing - Aspergillus species, salmonella species, staphylococcus aureus, Shiga-toxin producing E.coli (STEC), pseudomonas aeruginosa, candida albicans, yeasts, and molds
• Mycotoxins
• Residual solvents and chemical residues - acetone, benzene, butane, heptane, isopropyl alcohol, propane, pentane, toluene, methanol, xylene, hexane, and ethyl acetate
• Metals - Lead, Arsenic, Cadmium, and Mercury
• Pesticide residuals - spiromesifen, tebuconazole, imazalil, spirotetramat, etoxazole, malathion, imidacloprid, spinosad, bifenazate, myclobutanil, azoxystrobin, abamectin and permethrin.
• Foreign materials and filth - biological and chemical agents, plastic, glass, and metal shavings
• Water activity and moisture contents

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.

Does Oklahoma License Independent Marijuana Testing Facilities?

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.

What Accreditations Do Marijuana Testing Facilities Need in Oklahoma?

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.

How to Get a Marijuana Testing Laboratory License in Oklahoma

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 must not be less than 25 years of age
• Members, managers, board members, and individual applicants must be Oklahoma residents
• A minimum of 75% of the business shares must be owned by Oklahoma resident(s)
• Background check reports for owners and officers must show that none of the owners was convicted of a nonviolent felony conviction in the last two years or any other felony convictions in the last five years
• A sheriff, deputy sheriff, police officer or prosecuting officer, or an officer or employee of the OMMA must not hold an ownership interest in the business
• A direct or indirect beneficial owner of a licensed commercial grower, dispensary, or processor cannot own a licensed laboratory

Applicants can apply for the commercial license via the OMMA application portal. The checklist of requirements for the application are as follows:

1. First time registration requires creating a new account on the system. The information to be presented includes:
   1. First and last names of the individual responsible for the license information
   2. Email address for correspondence
   3. Active phone number
   4. A password that will be used to access and track the application
   5. The acceptance of conditions for the website
2. After the account activation, the applicant logs into the application system, selects the “Commercial License” option and creates a new application
3. The applicant then provides general information for the business, such as the business’s primary entity name, trade name, type of business, business phone number and website, business structure type, and anticipated office operation hours
4. The next section covers the ownership of the business. The information to be supplied are the details of the owners and principal officers of the business, such as:
   6. Names
   7. Phone numbers
   8. Email addresses
   9. ID card numbers and expiration
   10. Type of IDs
   11. Dates of birth
   12. Other entities that each individual is affiliated with and the type of shares owned in the entities (direct or indirect)
   13. Relationship to licensee
   14. Residence and mailing addresses
5. The applicant provides the business’s location information, including the physical address and GPS coordinates of the physical location.
6. Information is then supplied for the primary point of contact for the business, including name, title, phone number, email address, and residence address.
7. The next section contains questions and verifications that must be answered and attested to.
8. The final section allows for uploading all relevant documents for the application. The documents include:
   15. Affidavit of lawful presence documentation, which can be found on the business application website
   16. Proof of Oklahoma residency for 75% ownership shares of the business. The owners must provide proof of residency for two years preceding application or five continuous years out of 25 years preceding application. Acceptable forms of proof include Oklahoma driver’s license, Oklahoma voter ID card, Oklahoma ID card, utility bill, residential property deed, and a current rental agreement for residential property located in Oklahoma
   17. Background check report for each identified owner obtained from the Oklahoma State Bureau of Investigation
   18. Front and back copies of an approved Identification document, which can be any of the state’s driver's license, state ID, passport, or Tribal ID
   19. Certificate of compliance from the political subdivision of jurisdiction (either a city or county)
   20. Certificate of good standing document from the Oklahoma Secretary of State (this excludes sole proprietorship or general partnerships)
   21. Ownership disclosure document detailing the ownership interests in the business.
   22. Completed ownership list from the Excel template file obtained from the application website
   23. Documentation of accreditation by an ISO 17025 accrediting body.
9. Payment of the application fee
10. The applicant can save the information supplied during the application process at any time and continue later. A review tab that helps identify incomplete information on the website is available.

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:

• Physical inspection of premises to ascertain the orderliness of layout
• Review the monitoring of temperature and humidity for testing and storage areas
• Inspect controlled access areas for storage of test samples, reference standards, and waste
• Review of personnel records of the testing personnel, ancillary staff, and medical laboratory director
• Review of Certificate of Analysis (COA) for each reference standard
• Ascertain that procedures for the transportation and disposal of waste, unused marijuana, and marijuana products are in place
• Inspection of the inventory marijuana tracking system
• The use of a record system for easily retrievable test results
• Ascertain that the complete testing standard operating procedure is readily available to staff
• Quality assurance protocols

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.

How Much Does a Marijuana Testing Laboratory License Cost in Oklahoma?

The cost of an Oklahoma testing laboratory license is $20,000 (plus $452.04 credit card processing fee) as of early 2024. This is a non-refundable application fee. Once granted, this license is only valid for one year and licensees must pay the $20,000 license fee annually.

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.