Okla. Admin. Code § 442:10-5-3.2

Current through Vol. 42, No. 7, December 16, 2024

Section 442:10-5-3.2 - Persons prohibited from holding a commercial license

(a) A medical marijuana commercial license shall not be issued to, renewed, or held by:

(1) An applicant who has failed to pay the required application or renewal fee;

(2) A corporation, if the criminal history of any its officers, directors, or stockholders has a disqualifying criminal conviction;

(3) An owner under twenty-five (25) years of age;

(4) An owner of any commercial licensee who, during a period of licensure or at the time of any commercial license application, has failed to:

(A) File any taxes, interest, or penalties due related to a medical marijuana business; or

(B) Pay any taxes, interest, or penalties due related to a medical marijuana business.

(5) A sheriff, deputy sheriff, police officer, prosecuting officer, officer or employee of OMMA, or officer or employee of a municipality in which the commercial licensee is located; and

(6) A person whose authority to be a caregiver as defined in this Chapter is revoked by the Authority for violations of Oklahoma law or these Rules. For purposes of this Subsection, revoked by the Authority shall not include termination of a caregiver license based solely on a patient's withdrawal of caregiver designation.

(7) A person who was involved in the management or operation of any commercial licensee that, after the initiation of a disciplinary action, has had a medical marijuana license revoked, not renewed, or surrendered during the five (5) years preceding submission of the application and for the following violations:

(A) unlawful sales or purchases;

(B) any fraudulent acts, falsification of records or misrepresentation to the Authority, medical marijuana patient licensees, caregiver licensees, or medical marijuana business licensees;

(C) any grossly inaccurate or fraudulent reporting;

(D) threatening or harming any medical marijuana patient, caregiver, medical practitioner, or employee of the Authority;

(E) knowingly or intentionally refusing to permit the Authority access to premises or records;

(F) using prohibited, hazardous substance for processing in a residential area;

(G) criminal acts relating to the operation of a medical marijuana business; or

(H) any violation that endangers public health and safety or product safety, including, but not limited to, failure to test medical marijuana or medical marijuana products in accordance with these rules, failure to assist in a recall or embargo, or failure to adhere to any order or directive by the Authority that may endanger public health and safety.

(b) Any license issued to an individual or entity listed above shall be subject to revocation.

Okla. Admin. Code § 442:10-5-3.2

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