Fall 2023 update: What to be aware of in OMMA’s newest rules
The medical marijuana landscape in Oklahoma is evolving once again. The industry's most recent regulatory updates have arrived, introducing key compliance elements that promise to impact both operators and patients.
Navigating the ever-shifting landscape of the medical marijuana industry is no small task. With regular updates to the guidelines and regulations, it's essential to be both informed and compliant. Here are the pivotal changes you need to be aware of:
1. Enhanced Patient Transaction Documentation
Dispensaries in Oklahoma will now face more rigorous documentation requirements for every medical marijuana transaction they conduct. They must provide:
Detailed Customer/Commercial entity Information: This includes the name, license number, address, and phone number for every commercial entity and patient licensee involved in the transaction.
In-depth Transaction Data: Dispensaries are obligated to record specifics such as the quantity of the product, its type, the batch number, the date when the transaction took place, and the total monetary value of the transaction.
Critical Documentation: Additionally, dispensaries should maintain point-of-sale and tax records. Furthermore, they must keep thorough documentation of any transport-related details concerning the products.
2. Mandate to Use OMMA Verification System
All medical marijuana businesses must now use the OMMA-provided system to ensure all transactions are in accordance with the law. This system verifies:
Essential details like the name, unexpired license number, and its expiration date.
If the license is issued to an individual, their photo must be verified as part of the process.
3. Packaging Standards Update
The newest packaging regulation allows product containers to be transparent. The change aims to give patients and caregivers the ability to visually inspect pre-packaged product before purchase. Once a sale occurs, the products must be placed into an opaque exit package before leaving the dispensary.
4. Clarifications on Transferring Harvest Batches to Processors for Decontamination
A significant update in the rules allows growers to send harvest batches to processors for decontamination before the batches have been tested. However, there are stringent conditions to be met:
The decontaminated product should never be processed into a solvent-based concentrate.
After decontamination, the product has to be returned to its original grower. Only then, after being successfully re-tested and passing all necessary checks, can it be sold or transferred for processing or end-use consumption.
This is one we are hearing mass confusion on.
This rule update is not a blanket permission to transfer untested products to processors for concentrate production. The allowance for transferring untested harvest batches to processors is strictly for decontamination purposes. Following decontamination, these products must be sent back to the original growers for retesting. Only after the returned product has been verified through successful testing can it move forward in the market. This is a deliberate effort to ensure the safety and integrity of medical marijuana products. Misinterpreting or misapplying this rule not only jeopardizes consumer safety but also exposes businesses to significant regulatory risks. Always prioritize understanding the specifics of each regulation to ensure compliance and to uphold the highest standards in product safety.
5. Simplified Waste Transportation
Commercial licensees can now transport their waste directly to a licensed waste facility, a step that promises more streamlined waste management and disposal.
6. Detailed Testing Requirements for Pre-rolls and Kief
Diving into the specifics:
Noninfused Pre-rolls:
Can be crafted from flower, shake, or trim from either multiple or single harvest batches.
If from multiple batches, all batches must have passed all tests. The combined material must be homogenized into a new batch that doesn't exceed fifteen pounds. This new batch then has the same testing requirements as a standard harvest batch.
If they come from one single harvest batch that's already passed testing, only additional tests for heavy metals, contaminants, and THC/cannabinoid concentration are needed.
Kief:
Can be sourced from multiple batches, but all these batches must have passed testing. The collected kief should be homogenized into a batch not exceeding fifteen pounds and is then subject to standard harvest batch testing.
Infused Pre-rolls:
These can only be crafted by processors. Their testing is similar to that of noninfused pre-rolls.
Shake and Trim:
Can be gathered from multiple harvest batches, but again, all batches should have cleared tests. This collected shake and trim need to be mixed into a batch not exceeding fifty pounds, and this new batch has the same testing requirements as any standard harvest batch.
Compliance transcends mere box-ticking; it's about upholding safety, quality, and establishing trust in the industry. As the Oklahoma Medical Marijuana Authority rolls out these updates, navigating them can be complex. At Gies Law Firm, we're committed to helping you understand, adapt, and succeed amidst these changes. Trust our expertise to guide you seamlessly through every compliance nuance, from comprehension to effective implementation. Reach out or book a consultation if we can help you stay in the game.
