{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-426.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-426.1","heading":"Licensure revocation hearings to be recorded – Sharing","body":"information with law enforcement - Sharing information with\n\npolitical subdivisions – Certificate of compliance with political\n\nsubdivision.\n\nA. All licensure revocation hearings conducted pursuant to\n\nmarijuana licenses established in the Oklahoma Statutes shall be\n\nrecorded. A party may request a copy of the recording of the\n\nproceedings. Copies shall be provided to local law enforcement if\n\nthe revocation was based on alleged criminal activity.\n\nB. The Oklahoma Medical Marijuana Authority shall assist any\n\nlaw enforcement officer in the performance of his or her duties upon\n\nsuch request by the law enforcement officer or the request of other\n\nlocal officials having jurisdiction. Except for license information\n\nconcerning licensed patients, as defined in Section 427.2 of this\n\ntitle, the Authority shall share information with law enforcement\n\nagencies upon request without a subpoena or search warrant.\n\nC. The Authority shall make available all information on\n\nwhether a medical marijuana patient or caregiver license is valid to\n\nlaw enforcement electronically through an online verification\n\nsystem.\n\nD. The Authority shall make available to state agencies and\n\npolitical subdivisions a list of marijuana-licensed premises,\n\nmedical marijuana businesses or any other premises where marijuana\n\nor its by-products are licensed to be cultivated, grown, processed,\n\nstored or manufactured to aid state agencies and county and\n\nmunicipal governments in identifying locations within their\n\njurisdiction and ensuring compliance with applicable laws, rules and\n\nregulations.\n\nE. 1. Any marijuana-licensed premises, medical marijuana\n\nbusiness or any other premises where marijuana or its by-products\n\nare licensed to be cultivated, grown, processed, stored or\n\nmanufactured shall submit with its application or request to change\n\nlocation, after notifying the political subdivision of its intent, a\n\ncertificate of occupancy from the political subdivision or State\n\nFire Marshal where the facility of the applicant or licensee is to\n\nbe located certifying compliance with zoning classifications,\n\napplicable municipal ordinances and all applicable safety,\n\nelectrical, fire, plumbing, waste, construction and building\n\nspecification codes. If the political subdivision does not have an\n\nauthority having a jurisdiction agreement on file with the Office of\n\nthe State Fire Marshal, the State Fire Marshal shall certify\n\ncompliance with all applicable safety, electrical, fire, plumbing,\n\nwaste, construction, and building specification codes.\n\n2. Beginning on May 28, 2021, upon the initial request for\n\nrenewal or transfer of a retail marijuana dispensary license, a\n\nmunicipal government may object to the continued licensure of the\n\nmedical marijuana dispensary if the municipal government determines\n\nit is operating contrary to the required setback distance from a\n\nschool including the error in measurement allowance authorized by\n\nSection 425 of this title.\n\n3. To prevent the granting of the grandfather provisions of\n\nSection 425 of this title as a matter of law, the municipal\n\ngovernment shall provide the following documentation prior to the\n\ninitial renewal or transfer of a license:\n\na. a municipal resolution finding that the marijuana\n\ndispensary is located within the prohibited setback\n\ndistance from a school that was openly in existence in\n\nsuch a way that the public generally would have known\n\nof the school’s existence and operation in that\n\nlocation prior to the original marijuana dispensary\n\nbeing licensed. For purposes of this subparagraph,\n\n“openly in existence” means any building, location or\n\nstructure on a school site that has visible outward\n\nmarkings indicating the building, location or\n\nstructure was operating as a school which would serve\n\nas sufficient notice of the existence of the school or\n\na reason for further inquiry on the part of the\nthe original marijuana dispensary\n\nbeing licensed. For purposes of this subparagraph,\n\n“openly in existence” means any building, location or\n\nstructure on a school site that has visible outward\n\nmarkings indicating the building, location or\n\nstructure was operating as a school which would serve\n\nas sufficient notice of the existence of the school or\n\na reason for further inquiry on the part of the\n\nmarijuana dispensary license applicant. Openly in\n\nexistence shall not mean any school that operated\n\nsecretly or discreetly without any signs or other\n\nmarkings on any building, location or structure on the\n\nschool site, undeveloped land or a structure owned by\n\na school that was not openly used and marked as a\n\nschool site, or any school site that was established\n\nafter the marijuana dispensary had been established\n\nand licensed by the Authority, and\n\nb. documentation of the measured distance from the school\n\nto the marijuana dispensary utilizing the method for\n\ndetermining the setback distance less any allowable\n\nerror in measurement calculated and remeasured on and\n\nafter the effective date of this act as authorized by\n\nSection 425 of this title.\n\n4. Prior to initial renewal or transfer of a license and upon\n\nreceipt of documentation required by paragraph 3 of this subsection,\n\nif the Authority determines that the medical marijuana dispensary is\n\noperating contrary to the required setback distance from a school\n\nincluding the error in measurement allowance authorized by Section\n\n425 of this title, the Authority may deny the renewal or transfer of\n\nthe medical marijuana dispensary license and shall cause the license\n\nto be revoked.\n\n5. For purposes of this subsection, “school” means the same as\n\ndefined in Section 427.2 of this title.\n\nOnce a certificate of occupancy has been submitted to the\n\nOklahoma Medical Marijuana Authority showing full compliance as\n\noutlined in this subsection, the licensee shall only need to submit\n\nan affidavit for license renewal stating the premises continues to\n\ncomply with zoning classifications, applicable municipal ordinances,\n\nand all applicable safety, electrical, fire, plumbing, waste,\n\nconstruction, and building specification codes. An additional\n\ncertificate of occupancy along with an affidavit shall be submitted\n\nif a change of use or occupancy occurs, or there is any change\n\nconcerning the facility or location that would, by law, require\n\nadditional inspection, licensure or permitting by the state or\n\nmunicipality. Municipalities or the State Fire Marshal may\n\nimplement an inspection program to verify compliance with this\n\nsubsection. The Authority shall promulgate the rules necessary for\n\nthe affidavit provided in this subsection. If an application for\n\nrenewal is submitted in violation of the provisions of this\n\nsubsection or information provided on the affidavit is inaccurate or\n\nuntrue, the Authority shall suspend operations of the licensee’s\n\npremises until compliance is reestablished. All existing medical\n\nmarijuana business licensees and registrants that do not possess a\n\nvalid certificate of occupancy, where required, shall be subject to\n\nrevocation until such time as a valid certificate of occupancy is\n\nobtained for all applicable structures. This provision shall not\n\napply to medical marijuana business licensees and registrants who\n\nsubmitted a full and complete application for a valid certificate of\n\noccupancy to the State Fire Marshal or political subdivision with an\n\nauthority having a jurisdiction agreement on file with the State\n\nFire Marshal before February 1, 2024, and while the same application\n\nremains under review by the State Fire Marshal or political\n\nsubdivision. Medical marijuana business licensees and registrants\n\nare responsible for compliance with applicable state fire, building,\n\nand electrical codes and may be liable for all damage that results\nauthority having a jurisdiction agreement on file with the State\n\nFire Marshal before February 1, 2024, and while the same application\n\nremains under review by the State Fire Marshal or political\n\nsubdivision. Medical marijuana business licensees and registrants\n\nare responsible for compliance with applicable state fire, building,\n\nand electrical codes and may be liable for all damage that results\n\nfrom noncompliance with state fire, building, and electrical codes\n\nto the extent authorized by law.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"08daa726723be5fe9fd5d7e44b54e868fa8d83f0861a689912242d6057eec36a","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-426","next":"us-ok/okla.-stat.-tit.-63-63-427.1"},"notice":"GroundRules: Original legal text. Not legal advice."}