In 2018, Oklahoma voters authorized the state’s medical marijuana program with State Question 788 (SQ 788). SQ 788 created the state laws that launched the industry. The Oklahoma Medical Marijuana Authority (OMMA) is the regulatory agency for Oklahoma’s medical marijuana program. OMMA’s rules are based on the state laws created by SQ 788, in addition to subsequent amendments and new state laws passed by the Oklahoma Legislature. OMMA was a part of the Oklahoma State Department of Health until it became an independent state agency on November 1, 2022. OMMA is responsible for processing commercial and patient license applications; providing customer service to licensees and applicants; facilitating the rulemaking process based on state statutes; enforcing its rules; and investigating possible violations of medical marijuana laws.

Oklahoma offers several different types of medical marijuana business licenses, which include the following:

• Grower – A medical marijuana grower license allows a business to legally grow marijuana for medical purposes in Oklahoma. Licensed growers can only sell to licensed processors, dispensaries, and other growers. Licenses are available for Oklahoma residents who are at least 25 years old. Applicants must provide documents establishing the applicant and the members, managers, and board members, if applicable; and 75% of the commercial applicant’s ownership interests belong to Oklahoma residents, as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq. Owners and officers must pass a background check; and growers must ensure their property line is not within 1,000 feet of the property line of a public or private school. Additionally, grower license applicants must submit proof of one of the following to OMMA: a surety bond for at least $50,000 per license; or proof that the licensee has owned the licensed premises for at least 5 years. The application fee varies depending on the size of the purported operation (i.e., the license tier) and whether the applicant’s grow operation will be indoor or outdoor. Licensed growers must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10, and licenses are valid for one year. In addition, a transporter license is issued simultaneously with approved grower licenses. The transporter license allows the licensee, through its licensed transporter agents, to transport their own medical marijuana and medical marijuana products to another licensed business. Anyone driving a transportation vehicle must have a transporter license and transporter agent license identification card.
• Processor – A medical marijuana processor license allows a business to legally process marijuana for medical purposes in Oklahoma. Licensed processors can sell to licensed dispensaries and other licensed processors. Licensed processors may also process marijuana into a concentrated form for a patient license holder for a fee. Licenses are available for Oklahoma residents who are at least 25 years old. Applicants must provide documents establishing the applicant and the members, managers, and board members, if applicable; and 75% of the commercial applicant’s ownership interests belong to Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq. Processor license application fees are calculated by the amount of biomass used in production or the amount of concentrates produced. Licensed processors must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10, and licenses are valid for one year. Additionally, a commercial transporter license is issued simultaneously with approved processor licenses. The transporter license allows the licensee, through their licensed transporter agents, to transport their own medical marijuana products to another licensed business. Anyone driving a transportation vehicle must have a transporter license and transporter agent license identification card.
• Dispensary – A medical marijuana dispensary license allows a business to legally sell medical marijuana and medical marijuana products, including mature plants and seedlings. Licensed dispensaries can only sell to other licensed dispensaries or patient license holders, caregiver license holders, research license holders, and the parent or legal guardian named on a minor’s patient license. Licenses are available for Oklahoma residents who are at least 25 years old. Applicants must provide documents establishing the applicant and the members, managers, and board members, if applicable; and 75% of the commercial applicant’s ownership interests belong to Oklahoma residents as required in the Oklahoma Medical Marijuana Patient Protection Act, 63 O.S. § 427.1 et seq. Owners and officers must pass a background check; and dispensaries must provide proof the nearest perimeter wall is not within 1,000 feet of the property line for any public or private school. Licensed dispensaries must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10, and licenses are valid for one year. Additionally, a transporter license is issued simultaneously with approved dispensary licenses. The transporter license allows the licensee, through its licensed transporter agents, to transport their own medical marijuana and medical marijuana products to another licensed business. Anyone driving a transportation vehicle must have a transporter license and transporter agent license identification card.
• Transporter – A medical marijuana commercial transporter license is a standalone license allowing a licensee, through its licensed transporter agents, to transport medical marijuana and medical marijuana products between other licensed businesses. The transporter licensees may not grow, process, or sell their own medical marijuana–only transport other licensed businesses’ products. Applicants must provide documents establishing the applicant and the members, managers, and board members, if applicable; and 75% of the commercial applicant’s ownership interests belong to Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq. The nonrefundable application fee is $2,500 plus a credit card processing fee. Licensed commercial transporters must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10, and licenses are valid for one year.
• Transporter Agent – A medical marijuana commercial transporter agent license is required for agents, employees, officers, or owners of a commercial transporter, grower, processor, or dispensary to transport medical marijuana, medical marijuana concentrate, or medical marijuana products. Transporter agent licenses allow a business holding a transporter license to transport medical marijuana and medical marijuana products to other commercial licensees via its transporter agents. Transporter agents must submit an employment verification form verifying their employment with the licensed transporter when applying for a transporter agent license. There is certain supporting documentation required for the Transporter Agent Application, including (1) a color copy of the applicant’s valid, unexpired Oklahoma driver license; (2) documents establishing the applicant as an Oklahoma resident; (3) a digital photograph; (4) an employment verification form prescribed by OMMA verifying the applicant’s employment with the transporter licensee; (5) a criminal background check conducted by the Oklahoma State Bureau of Investigation establishing that the applicant does not have a disqualifying criminal conviction that is dated within 30 days of application submission; and (6) an affidavit of lawful presence signed by the transporter agent applicant. The nonrefundable application fee is $25 plus a credit card processing fee, and a separate application and fee is required for each agent license. Commercial licensees must notify OMMA within 14 days when a transporter agent no longer works for them as an agent. Licensed commercial transporter agents must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10. Licenses are valid for one year unless the license is deactivated by the business licensee employing the transporter agent, voluntarily surrendered, or revoked by OMMA. Transporter agent licenses shall not extend beyond these events.
• Testing Laboratory – A testing laboratory license allows a laboratory testing facility to analyze harvested and processed medical-use marijuana for the presence of harmful contaminants. Licensed labs may charge fees to other commercial licensees for compliance testing. As a condition of licensure, all applicants must show documentation of accreditation to ISO 17025 standards by an accreditation body like ANSI/ASQ National Accreditation Board (ANAB), American Association for Laboratory Accreditation (A2LA), Perry Johnson Laboratory Accreditation (PJLA), International Accreditation Service (IAS), or COLA. Laboratories will only be permitted to report test results generated in their laboratory from methods for which they possess accreditation. Licenses are available for Oklahoma residents who are at least 25 years old. All members, managers, and board members of entity applicants must be Oklahoma residents, and entities must have at least 75% ownership by an Oklahoma resident. Owners and officers must pass a background check. Licensed laboratories must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10, and licenses are valid for one year.
• Waste Disposal Facility – A medical marijuana waste disposal facility license authorizes the licensee to dispose of medical marijuana. The waste disposal facility license also authorizes licensees to transport medical marijuana waste. To be eligible for a waste disposal facility license, applicants must have a current permit from the Oklahoma Department of Environmental Quality. Additionally, owners and officers must pass a background check; and waste facilities must provide proof that the nearest perimeter wall is not within 1,000 feet of the property line for any public or private school. The non-refundable application fee is $5,000 plus a credit card processing fee. A submitted application does not guarantee a license will be granted, even if the applicant meets the minimum requirements. Once licenses are granted, licensed entities may apply for waste disposal facility permits for additional locations. Licensed waste facilities must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10, and licenses are valid for one year.
• Research – A research facility license authorizes the licensee to grow, cultivate, possess, and transfer to other licensed research facilities and licensed testing laboratories, by sale or donation, marijuana for the limited research purposes approved in the application. Other important things to note include that: every applicant must supply a project description in the application; biomedical and clinical regulations subject to federal regulations and institutional oversight are not subject to OMMA licensure or regulations; research facility applicants, if a private business, must supply information on ownership; and research facility applicants who are using public funds or working with public institutions must provide information and documentation of their involvement and meet additional criteria. Owners and officers must pass a background check. The nonrefundable application fee is $500 plus a credit card processing fee. Licensed researchers must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10, and licenses are valid for one year.
• Education – An education facility license authorizes the licensee to provide training and education to people involved in the cultivation, growing, harvesting, curing, preparation, packaging, or testing of medical marijuana, or the production, manufacture, extraction, processing, packaging, or creation of medical-marijuana-infused products or medical marijuana products for the limited education and research purposes approved in the application. Education facility licensees are authorized to transfer, by sale or donation, medical marijuana grown within its operation to licensed research licensees, and to transfer to licensed testing laboratories. Other important things to note include that: every applicant must supply a project description in the application; biomedical and clinical regulations subject to federal regulations and institutional oversight are not subject to OMMA licensure or regulations; by law, education facility applicants must be a non-profit and are required to provide non-profit registration with the application; and education facility applicants who are using public funds or working with public institutions must provide information and documentation of their involvement and meet additional criteria. Owners and officers must pass a background check. The nonrefundable application fee is $500 plus a credit card processing fee. Licensed researchers must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10, and licenses are valid for one year.

Notably, though, a moratorium began on August 26, 2022, for new grower, processor, and dispensary licenses. This means that no new licenses can be issued. HB 3208 (2022), passed by the Oklahoma Legislature and signed by the Governor, put the moratorium in place. Notably, HB 2095 (2023), also passed by the Oklahoma Legislature and signed by the Governor, extended the moratorium end date to August 1, 2026, unless OMMA’s Executive Director determines all pending licensing reviews, inspections, or investigations are complete. The moratorium does not affect current licensees, who can apply for renewal.