Okla. Admin. Code § 442:10-4-2

Current through Vol. 42, No. 1, September 16, 2024

Section 442:10-4-2 - [Effective until 9/14/2025] Licenses

(a)Timeframe. Research facility and education facility licenses shall be issued for a twelve (12) month period expiring one (1) year from the date of issuance. The license may be issued upon receipt of a completed application, payment of application fee, and verification by the Authority the individual or entity complies with the requirements set forth in Oklahoma law and this Chapter.

(b)Location. Research facility and education facility licenses shall only be valid for a single location at the address listed on the application. If a single research project will occur in multiple locations, a separate research facility or education facility license shall be required for each location.

(c)Renewal of license.

(1) It is the responsibility of the license holder to renew the license, with all applicable documentation, prior to the date of expiration of the license by following the procedures provided in OAC 442:10-4-3.

(2) Before renewing a license, the Authority may require further information and documentation to determine the licensee continues to meet the requirements set forth in Oklahoma law and these Rules.

(3) If the research conducted by a research facility licensee includes a public institution or public money, the Authority shall review any reports made by the licensee to determine if the research continues to meet qualifications in state law and these Rules.

(4) The Authority may refuse to renew a license of a research or education facility for the following:

(A) Failure to meet the requirements for licensure set forth in 63 O.S. § 420 et seq; the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or OAC 442:10.

(B) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq.; or OAC 442:10.

(5) Upon the determination that a licensee has not met the requirements for renewal, the Authority shall provide written notice to the licensee. The notice shall provide an explanation for the denial of the renewal application.

(6) A commercial licensee that attempts to renew its license after the expiration date of the license shall pay a nonrefundable late renewal fee in the amount of $500.00 to reinstate the license once processed and a license that has been expired for more than ninety (90) days shall not be renewed. Beginning November 1, 2024, a commercial licensee that attempts to renew its license after the expiration date of the license shall pay a nonrefundable late renewal fee of five hundred dollars ($500.00) per week that the license is expired and a license that has been expired for more than sixty (60) calendar days shall not be renewed. Only license renewal applications submitted at least sixty (60) calendar days prior to the expiration date shall be considered timely submitted and subject to the requirement that applications be reviewed within ninety (90) business days of receipt of the application in accordance with Subsection F of Section 427.14 of Title 63 of the Oklahoma Statutes. A medical marijuana business license shall remain unexpired during the pendency of the application for renewal provided that such application was timely submitted. The Authority shall allow renewal applications to be submitted at least one hundred twenty (120) calendar days prior to the expiration date of a medical marijuana business license.

(d)Liquidation of products. A research facility or education facility licensee whose license is not renewed, or whose license is revoked, suspended, or voluntarily surrendered, shall cease all operations immediately upon expiration of the license and shall liquidate or dispose of all medical marijuana and medical marijuana products in accordance with OAC 442:10-5-2(d). Except as provided by Section 427.14 of Title 63 of the Oklahoma Statutes, immediately upon expiration of a license, any medical marijuana research facility or medical marijuana education facility shall cease all possession, transfer, or sale of medical marijuana or medical marijuana products. Any continued possession, sale, or transfer shall subject the business owners and operators to felony prosecution pursuant to the Uniform Controlled Dangerous Substances Act.

(e)Change in information.

(1) Licensees shall notify the Authority in writing within fourteen (14) days of any changes in contact information by electronically submitting a change request in accordance with the Authority's instructions.

(2) Licensees shall obtain Authority approval for any material changes that affect the licensee's qualifications for licensure. No licensee shall operate under the conditions of a material change without written approval of an application by the Authority. Licensees shall submit a material change request to the Authority in writing in advance of any material change that may affect the licensee's qualifications for licensure by electronically submitting a change request, along with any relevant documentation and fees, in accordance with the Authority's instructions.

(A) Medical marijuana research and education licensees submitting a location change must provide a $500.00 nonrefundable application fee and the information and documentation required in OAC 442:10-4-3 relating to locations, including but not limited to the following:

(i) As required in OAC 442:10-4-3(e)(1), all building permits and/or certificate(s) of occupancy issued by the Oklahoma State Fire Marshal or by the political subdivision with an authority having a jurisdiction agreement on file with the Oklahoma State Fire Marshal certifying compliance with the categories listed in 63 O.S. § 426.1(E) for the construction or alteration of any buildings or structures classified as occupancies under the building codes adopted by the Oklahoma Uniform Building Code Commission; and

(ii) Any further documentation the Authority determines is necessary to ensure the business licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(B) Medical marijuana research and education licensees submitting an ownership change request must provide the nonrefundable application fee listed below and the information and documentation required in OAC 442:10-4-3 relating to owners, including but not limited to the following:

(i) If applicable, a list of all owners and principal officers of the applicant and supporting documentation as set forth in OAC 442:10-4-3(e)(3);

(ii) Documents required under OAC 442:10-4-3(e)(4) establishing that the applicant; and the members, managers, and board members if applicable; and seventy-five percent (75%) of the research facility's or education facility's ownership interests are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.;

(iii) For public institutions seeking a research facility license, a background check for each principal investigator and co-principal investigator;

(iv) Applications submitted prior to November 1, 2024 shall provide a nonrefundable application fee of $500.00. Applications submitted on or after November 1, 2024, shall provide a nonrefundable application fee that is the annual license or application fee established under Section 427.14 of Title 63 of the Oklahoma Statutes for the medical marijuana business license type; and

(v) Any further documentation the Authority determines is necessary to ensure the business licensee is still qualified under Oklahoma law and this Chapter to obtain a business license.

(3) Licensees shall notify the Authority prior to any changes that affect the initial research project and/or curriculum, including funding, in a manner prescribed by the Authority. If the research will be conducted with a public institution or public money, the licensee shall supply any documentation or information the Authority determines is necessary to determine whether any change to the research project and/or curriculum constitutes a material change. If there is a material change, the Authority may deny the change and require the licensee to submit a new application.

(f)Transfer of license.

(1) Licenses shall not be changed from one license type to another.

(2) Licenses are limited to the research project(s) approved by the Authority and shall not be transferred to any other research project, research, or curriculum.

(g)Surrender of license. A research facility or education facility licensee may voluntarily surrender a license to the Authority at any time in accordance with OAC 442:10-5-2(g).

Okla. Admin. Code § 442:10-4-2

Adopted by 40 Ok Reg 382, eff 11/1/2022 (emergency)

Adopted by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 8/11/2023

Amended by Oklahoma Register, Volume 42, Issue 1, September 16, 2024, eff. 8/16/2024, exp. 9/14/2025 (Emergency)