{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-427.6","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-427.6","heading":"Monitoring and disciplinary actions – Inspections and","body":"investigations – Penalties – Unauthorized diversion of products –\n\nNotice of violations – Emergency powers.\n\nA. The Oklahoma Medical Marijuana Authority shall address\n\nissues related to the medical marijuana program in this state\n\nincluding, but not limited to, monitoring and disciplinary actions\n\nas they relate to the medical marijuana program.\n\nB. 1. The Authority, its designee, or the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control, the Oklahoma State\n\nBureau of Investigation, and the Attorney General may perform on-\n\nsite inspections or investigations of a licensee or applicant for\n\nany medical marijuana business license, research facility, education\n\nfacility or waste disposal facility to determine compliance with\n\napplicable laws, rules and regulations or submissions made pursuant\n\nto this section. The Authority, its designee, or the Oklahoma State\n\nBureau of Narcotics and Dangerous Drugs Control, the Oklahoma State\n\nBureau of Investigation, and the Attorney General may enter the\n\nlicensed premises of a medical marijuana business, research\n\nfacility, education facility or waste disposal facility licensee or\n\napplicant to assess or monitor compliance or ensure qualifications\n\nfor licensure.\n\n2. Except as otherwise provided by law, post-licensure\n\ninspections shall be limited to twice per calendar year. However,\n\ninvestigations and additional inspections may occur when the\n\nAuthority believes an investigation or additional inspection is\n\nnecessary due to a possible violation or noncompliance of applicable\n\nlaws, rules or regulations. The Executive Director of the Authority\n\nmay adopt rules imposing penalties including, but not limited to,\n\nmonetary fines and suspension or revocation of licensure for failure\n\nto allow the Authority reasonable access to the licensed premises\n\nfor purposes of conducting an inspection.\n\n3. The Authority, its designee, or the Oklahoma State Bureau of\n\nNarcotics and Dangerous Drugs Control, the Oklahoma State Bureau of\n\nInvestigation, and the Attorney General may review relevant records\n\nof a licensed medical marijuana business, licensed medical marijuana\n\nresearch facility, licensed medical marijuana education facility or\n\nlicensed medical marijuana waste disposal facility, and may require\n\nand conduct interviews with such persons or entities and persons\n\naffiliated with such entities, for the purpose of determining\n\ncompliance with requirements of the Executive Director and\n\napplicable laws, rules and regulations.\n\n4. The Authority may refer complaints alleging criminal\n\nactivity that are made against a licensee to appropriate state or\n\nlocal law enforcement authorities including, but not limited to, the\n\nOklahoma State Bureau of Narcotics and Dangerous Drugs Control, the\n\nOklahoma State Bureau of Investigation, and the Attorney General.\n\nC. Disciplinary action may be taken against an applicant or\n\nlicensee for not adhering to applicable laws pursuant to the terms,\n\nconditions and guidelines set forth in the Oklahoma Medical\n\nMarijuana and Patient Protection Act.\n\nD. Disciplinary actions may include revocation, suspension or\n\ndenial of an application, license or final authorization and other\n\naction deemed appropriate by the Executive Director of the\n\nAuthority.\n\nE. Disciplinary actions may be imposed upon a medical marijuana\n\nbusiness licensee for:\n\n1. Failure to comply with or satisfy any provision of\n\napplicable laws, rules or regulations;\n\n2. Falsification or misrepresentation of any material or\n\ninformation submitted to the Authority or other licensees;\n\n3. Failing to allow or impeding entry by authorized\n\nrepresentatives of the Authority;\n\n4. Failure to adhere to any acknowledgement, verification or\n\nother representation made to the Authority;\n\n5. Failure to submit or disclose information required by\non of any material or\n\ninformation submitted to the Authority or other licensees;\n\n3. Failing to allow or impeding entry by authorized\n\nrepresentatives of the Authority;\n\n4. Failure to adhere to any acknowledgement, verification or\n\nother representation made to the Authority;\n\n5. Failure to submit or disclose information required by\n\napplicable laws, rules or regulations or otherwise requested by the\n\nAuthority;\n\n6. Failure to correct any violation of this section cited as a\n\nresult of a review or audit of financial records or other materials;\n\n7. Failure to comply with requested access by the Authority to\n\nthe licensed premises or materials;\n\n8. Failure to pay a required monetary penalty;\n\n9. Diversion of medical marijuana or any medical marijuana\n\nproduct, as determined by the Authority;\n\n10. Threatening or harming a medical marijuana patient\n\nlicensee, caregiver licensee, a medical practitioner or an employee\n\nof the Authority; and\n\n11. Any other basis indicating a violation of the applicable\n\nlaws and regulations as identified by the Authority.\n\nF. Disciplinary actions against a licensee may include the\n\nimposition of monetary penalties, which may be assessed by the\n\nAuthority. The Authority may suspend or revoke a license for\n\nfailure to pay any monetary penalty lawfully assessed by the\n\nAuthority against a licensee.\n\nG. 1. In addition to any other penalties prescribed by law,\n\npenalties for sales, purchases or transfers for value of medical\n\nmarijuana by a medical marijuana business or employees or agents of\n\nthe medical marijuana business to persons other than those allowed\n\nby law occurring within any one-year time period may include an\n\ninitial fine of Five Thousand Dollars ($5,000.00) for a first\n\nviolation and a fine of Fifteen Thousand Dollars ($15,000.00) for\n\nany subsequent violation.\n\n2. Penalties for grossly inaccurate or fraudulent reporting\n\noccurring within any two-year time period may include an initial\n\nadministrative fine of Five Thousand Dollars ($5,000.00) for a first\n\nviolation and an administrative fine of Ten Thousand Dollars\n\n($10,000.00) for any subsequent violation. The medical marijuana\n\nbusiness shall be subject to a revocation of any license granted\n\npursuant to the Oklahoma Medical Marijuana and Patient Protection\n\nAct upon a second incident of grossly inaccurate or fraudulent\n\nreporting in a ten-year period by the medical marijuana business or\n\nany employee or agent thereof.\n\n3. After investigation by the Authority, the Authority may\n\nrevoke the license of any person directly involved with the\n\ndiversion of marijuana.\n\n4. If the Authority, after investigation, is able to establish,\n\nby a preponderance of evidence, a pattern of diversion or negligence\n\nleading to diversion, the Authority may revoke any business licenses\n\nassociated with the diversion and any entity with common ownership.\n\nH. 1. In addition to any other penalties prescribed by law, a\n\nfirst offense for intentional and impermissible diversion of medical\n\nmarijuana, medical marijuana concentrate, or medical marijuana\n\nproducts for value by a patient or caregiver to an unauthorized\n\nperson shall be subject to an administrative fine of Four Hundred\n\nDollars ($400.00). The Authority shall have the authority to\n\nenforce the provisions of this subsection.\n\n2. In addition to any other penalties prescribed by law, an\n\nadditional incident resulting in a second offense for impermissible\n\ndiversion of medical marijuana, medical marijuana concentrate, or\n\nmedical marijuana products by a patient or caregiver to an\n\nunauthorized person for value shall be subject to an administrative\n\nfine of One Thousand Dollars ($1,000.00), and shall result in\n\nrevocation of the license or licenses of the person.\n\n3. Any person who shares less than three (3) grams of medical\nffense for impermissible\n\ndiversion of medical marijuana, medical marijuana concentrate, or\n\nmedical marijuana products by a patient or caregiver to an\n\nunauthorized person for value shall be subject to an administrative\n\nfine of One Thousand Dollars ($1,000.00), and shall result in\n\nrevocation of the license or licenses of the person.\n\n3. Any person who shares less than three (3) grams of medical\n\nmarijuana with an unauthorized person, without the transfer being\n\nfor value or other consideration, shall not be subject to criminal\n\nprosecution but shall be subject to an administrative fine of Four\n\nHundred Dollars ($400.00).\n\nI. The intentional diversion of medical marijuana, medical\n\nmarijuana concentrate or medical marijuana products by a licensed\n\nmedical marijuana patient or caregiver, medical marijuana business\n\nor employee of a medical marijuana business to an unauthorized minor\n\nperson who the licensed medical marijuana patient or caregiver,\n\nmedical marijuana business or employee of a medical marijuana\n\nbusiness knew or reasonably should have known to be a minor person\n\nshall be subject to an administrative fine of Two Thousand Five\n\nHundred Dollars ($2,500.00). For an additional incident resulting\n\nin a second or subsequent offense, the licensed medical marijuana\n\npatient or caregiver, medical marijuana business or employee of a\n\nmedical marijuana business shall be subject to a cite and release\n\ncitation and, upon a finding of guilt or a plea of no contest, a\n\nfine of Five Thousand Dollars ($5,000.00) and automatic revocation\n\nof the medical marijuana license.\n\nJ. In addition to any other penalties prescribed by law, it\n\nshall be unlawful for a licensed medical marijuana commercial grower\n\nto knowingly hire or employ undocumented immigrants to perform work\n\ninside a medical marijuana commercial grow facility or anywhere on\n\nthe property of the medical marijuana commercial grow operation. A\n\nlicensed medical marijuana commercial grower that violates the\n\nprovisions of this subsection shall, upon conviction, be guilty of a\n\nmisdemeanor punishable by imprisonment in the county jail for a term\n\nnot exceeding one (1) year, or by a fine not exceeding Five Hundred\n\nDollars ($500.00), or by both such fine and imprisonment. In\n\naddition, the license of the medical marijuana commercial grower\n\nshall be subject to revocation and the Authority may deny future\n\nlicense applications.\n\nK. 1. Beginning September 1, 2021, the Oklahoma Medical\n\nMarijuana Authority shall schedule on-site meetings and compliance\n\ninspections of the premises with the medical marijuana dispensary\n\nlicensee at the location of the medical marijuana dispensary, the\n\nmedical marijuana commercial grower at the location of the medical\n\nmarijuana commercial grower site and the medical marijuana processor\n\nat the location of the medical marijuana processing site. The on-\n\nsite meetings and compliance inspections shall occur within the\n\nfirst one hundred eighty (180) days after issuance of the medical\n\nmarijuana dispensary license, commercial grower license or processor\n\nlicense and shall be conducted for purposes of verifying whether the\n\nmedical marijuana business licensee is actively operating or is\n\nworking towards operational status.\n\n2. If, at the time of the on-site meeting and compliance\n\ninspection, the medical marijuana business licensee fails to provide\n\nproof to the Authority that the medical marijuana business is\n\nactively operating or working towards operational status, the\n\nAuthority shall grant the medical marijuana business licensee a\n\ngrace period of one hundred eighty (180) days to become operational.\n\nUpon expiration of this grace period, the Authority shall schedule a\n\nsecond on-site meeting and compliance inspection of the premises to\n\nverify whether the medical marijuana business licensee has begun\n\noperations at the licensed premises or is continuing to work towards\ny shall grant the medical marijuana business licensee a\n\ngrace period of one hundred eighty (180) days to become operational.\n\nUpon expiration of this grace period, the Authority shall schedule a\n\nsecond on-site meeting and compliance inspection of the premises to\n\nverify whether the medical marijuana business licensee has begun\n\noperations at the licensed premises or is continuing to work towards\n\noperational status.\n\n3. If, after the second on-site meeting and compliance\n\ninspection, the medical marijuana business licensee fails to provide\n\nproof to the Authority that the medical marijuana business licensee\n\nis actively operating or is continuing to work towards operational\n\nstatus, the Authority shall be authorized to grant the medical\n\nmarijuana business licensee an additional grace period of one\n\nhundred eighty (180) days to become operational.\n\n4. Upon expiration of the second grace period, the Authority\n\nshall terminate the medical marijuana business license if the\n\nmedical marijuana business licensee has failed to provide proof to\n\nthe Authority that the medical marijuana business is actively\n\nconducting business operations at the licensed premises.\n\nL. In addition to any other remedies provided for by law, the\n\nAuthority, pursuant to its rules and regulations promulgated by the\n\nExecutive Director, may issue a written order to any licensee the\n\nAuthority has reason to believe has violated Sections 420 through\n\n426.1 of this title, the Oklahoma Medical Marijuana and Patient\n\nProtection Act, the Oklahoma Medical Marijuana Waste Management Act,\n\nor any rules promulgated by the Executive Director and to whom the\n\nAuthority has served, not less than thirty (30) days previously, a\n\nwritten notice of violation of such statutes or rules.\n\n1. The written order shall state with specificity the nature of\n\nthe violation. The Authority may impose any disciplinary action\n\nauthorized under the provisions of this section including, but not\n\nlimited to, the assessment of monetary penalties.\n\n2. Any order issued pursuant to the provisions of this section\n\nshall become a final order unless, not more than thirty (30) days\n\nafter the order is served to the licensee, the licensee requests an\n\nadministrative hearing in accordance with the rules and regulations\n\npromulgated by the Executive Director of the Authority. Upon such\n\nrequest, the Authority shall promptly initiate administrative\n\nproceedings.\n\nM. Whenever the Executive Director of the Authority finds that\n\nan emergency exists requiring immediate action in order to protect\n\nthe health or welfare of the public, the Executive Director of the\n\nAuthority may issue an order, without providing notice or hearing,\n\nstating the existence of an emergency and requiring that action be\n\ntaken as the Executive Director of the Authority deems necessary to\n\nmeet the emergency. Such action may include, but is not limited to,\n\nordering the licensee to immediately cease and desist operations by\n\nthe licensee. The order shall be effective immediately upon\n\nissuance. Any person to whom the order is directed shall comply\n\nimmediately with the provisions of the order. The Authority may\n\nassess a penalty not to exceed Ten Thousand Dollars ($10,000.00) per\n\nday of noncompliance with the order. In assessing such a penalty,\n\nthe Authority shall consider the seriousness of the violation and\n\nany efforts to comply with applicable requirements. Upon\n\napplication to the Authority, the licensee shall be offered a\n\nhearing within ten (10) days of the issuance of the order.\n\nN. All hearings held pursuant to this section shall be in\n\naccordance with the Oklahoma Administrative Procedures Act.","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":"60e06aa6cb07f83216330dbfb18f07f5781b004c14bb4e6767635548de5c0ddc","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-427.5a","next":"us-ok/okla.-stat.-tit.-63-63-427.7"},"notice":"GroundRules: Original legal text. Not legal advice."}