Okla. Admin. Code § 442:10-5-5

Current through Vol. 42, No. 4, November 1, 2024

Section 442:10-5-5 - [Effective 9/14/2025] Processing medical marijuana on behalf of a patient or caregiver

(a) A licensed processor shall not sell or otherwise transfer medical marijuana or medical marijuana products to a patient or caregiver, except that a licensed processor may process medical marijuana into medical marijuana concentrate on behalf of a licensed patient or caregiver in exchange for a fee.

(b) For each occasion in which medical marijuana is processed in accordance with this subsection, a processor shall enter all information required by OAC 442:10-5-6(b)(4) into a log, which shall be maintained on the licensed premises.

(c) Processors shall only use medical marijuana provided by the licensed patient or caregiver when processing on behalf of a patient or caregiver and shall not add, mix in, or otherwise incorporate any medical marijuana or medical marijuana concentrate obtained from a separate source. A processor shall return any excess medical marijuana to the licensed patient. Plant material and any waste generated from processing shall be disposed of in accordance with OAC 442:10-5-10.

(d) The medical marijuana concentrate shall be labeled, and the label shall contain, at a minimum, the following information:

(1) Patient and, if applicable, caregiver license number;

(2) Processor name and license number;

(3) Date processed; and

(4) The Oklahoma uniform symbol.

(e) All medical marijuana and processed concentrate must be maintained on the premises in a manner that protects it from contamination, including, but not limited to, filth, mold, pests, and other contaminants.

(f) Concentrate processed directly on behalf of a patient or caregiver pursuant to this section is not subject to the testing requirements set forth in 63 O.S. § 427.17 and these Rules. However, a patient or caregiver may submit any medical marijuana and medical marijuana products to a licensed laboratory for testing pursuant to 63 O.S. § 427.17(J).

(g) Any transaction not in accordance with this Section shall constitute an unlawful sale.

Okla. Admin. Code § 442:10-5-5

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)