(A) Purpose; intent.
(1) The intent of this subchapter is to ensure the health and safety of all Oklahomans and provide reasonable and orderly regulation of medical marijuana as authorized by the lawful passage of State Question 788. Only the powers enumerated under this subchapter shall be proper. Any power not specifically enumerated is prohibited and fined per § 10.99 of this code of ordinances.
(a) The regulations are intended to apply to all medical marijuana for personal use or any medical marijuana business permitted under the State Question 788. The code is intended to provide regulations for the effect medical marijuana cultivation and production will have on health, safety, and community resources.
(b) Use, distribution, cultivation, production, possession, and transportation of medical marijuana remains illegal under federal law and marijuana remains classified as a “controlled substance” by federal law.
(c) Nothing in this subchapter is intended to promote or condone the production, distribution, or possession of marijuana.
(2) The purpose of this subchapter is to protect the public health, safety, and general welfare of the residents and patients of the city by prescribing the manner in which medical marijuana businesses can be conducted in the city. Further, the purpose of this subchapter is to:
(a) Provide for a means of cultivation, production, and distribution of marijuana to patients who qualify to obtain, possess, and use marijuana for medical purposes under the State Question 788;
(b) Protect public health and safety through reasonable limitations on business operations as they relate to noise, air and water quality, food safety, neighborhood and patient safety, security for the business and its personnel, and other health and safety concerns;
(c) Impose fees to cover the cost to the city of permitting medical marijuana businesses in an amount sufficient for the city to recover its costs of the permitting program;
(d) Adopt a mechanism for monitoring compliance with the provisions of this subchapter;
(e) Create regulations that address the particular needs of the patients and residents of the city and coordinate with laws that may be enacted by the state regarding the issue;
(f) Facilitate the implementation of State Question 788 without going beyond the authority granted by it; and
(g) Issue medical marijuana business certificates of compliance only to individuals and entities that have demonstrated an intent and ability to comply with this subchapter without monitoring by city officials.
(B) Oklahoma State Department of Health Regulations Title 310, Chapter 681, Medical Marijuana Control Program Adopted by Reference.
(1) Oklahoma State Department of Health Regulations, Title 310, Chapter 681, Medical Marijuana Control Program, as it may from time to time be amended, is adopted by reference and is made a part of the ordinances of the city, as if fully set forth in this code. The provisions of these regulations shall take effect and be controlling within the city limits so that a violation of the provisions of the regulations will be a violation of this code. Nothing in this section shall grant to the city the power or jurisdiction to prosecute offenses that a city is not authorized to prosecute.
(2) Any crimes specified in the rules or other laws as felonies are specifically excluded from inclusion in this subchapter.
(3) The penalty for a misdemeanor violation of the rules as adopted by this subchapter shall be the maximum penalty allowed by state law but not exceeding the jurisdictional limits of the Municipal Court.
(C) Definitions. For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The natural person in whose name a certificate of compliance would be issued.
CERTIFICATE OF COMPLIANCE HOLDER. Any natural born person or entity that holds a marijuana certificate of compliance provided for in this subchapter.
COMPLETE APPLICATION. A document prepared in accordance with the rules and the forms and instructions provided by the city, including any supporting documentation required, as well as the application fee.
DISPENSARY. An entity that has been licensed by the Oklahoma State Health Department pursuant to 63 O.S. § 421A
and permitted by the city pursuant to this subchapter, which allows the entity to purchase medical marijuana from a processor certificate of compliance holder or grower certificate of compliance holder and sell medical marijuana only to qualified patients and caregivers.
DISPENSE. The selling of medical marijuana or a medical marijuana product to a qualified patient or the patient’s designated caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a qualified patient.
DOMICILE. A person’s true, fixed, primary permanent home and place of habitation, and the tax parcel on which it is located. It is the place where the person intends to remain and to which the person expects to return when the person leaves without intending to establish a new domicile elsewhere.
ENTITY. An individual, general partnership, a limited partnership, a limited liability company, a trust, an estate, an association, a corporation or any other legal or commercial entity.
GROWER or COMMERCIAL GROWER. An entity that has been licensed by the Oklahoma State Department of Health and permitted by the city, which allows the entity to grow, harvest, and package medical marijuana to a dispensary, processor, or researcher.
MANUFACTURE. The process of converting harvested plant material into medical marijuana concentrate by physical or chemical means for use as an ingredient in a medical marijuana product.
MARIJUANA. All parts of a plant of the genus cannabis, whether growing or not; the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture, or preparation of a plant of that type or of its seeds or resin. MARIJUANA does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, or any other compound, manufacture, salt derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination.
MATURE PLANT. Harvestable female marijuana plant that is flowering. MATURE PLANTS are not authorized under this subchapter prior to 60 days after the enactment of 63 O.S. §§ 420 et seq.
MEDICAL MARIJUANA. Marijuana that is grown, processed, dispensed, tested, possessed, or used for a medical purpose.
MEDICAL MARIJUANA BUSINESS. Any business licensed by the Oklahoma State Health Department and permitted by the city to dispense, grow, research, or process medical marijuana.
MEDICAL MARIJUANA CONCENTRATE (CONCENTRATE). A substance obtained by separating cannabinoids from any part of the marijuana plant by physical or chemical means, so as to deliver a product with a cannabinoid concentration greater than the raw plant material from which it is derived, intended to be refined for use as an ingredient in a medical marijuana product, and not for administration to a qualified patient.
MEDICAL MARIJUANA PRODUCT. A product that contains cannabinoids that have been extracted from plant material or the resin therefrom by physical or chemical means and is intended for administration to a qualified patient, including but not limited to oils, tinctures, edibles, pills, topical forms, gels, creams, forms medically appropriate for administration by vaporization or nebulizer, patches, tinctures, and liquids excluding live plant forms.
MEDICAL MARIJUANA WASTE. Unused, surplus, returned or out-of-date marijuana; recalled marijuana; unused marijuana; plant debris of the plant of the genus cannabis, including dead plants and all unused plant parts and roots; and any wastewater generated during growing and processing.
PRIVATE SCHOOL. An elementary, middle, or high school maintained by private individuals, religious organizations, or corporations, funded, at least in part, by fees or tuition, and open only to pupils selected and admitted based on religious affiliations or other particular qualifications.
PROCESSOR. An entity that has been licensed by Oklahoma State Department of Health and permitted by the city, which allows the entity to: purchase marijuana from a commercial grower; prepare, manufacture, package, sell to, and deliver medical marijuana products to a dispensary certificate of compliance holder or other processor certificate of compliance holder; and may process marijuana received from a qualified patient into a medical marijuana concentrate, for a fee.
PUBLIC SCHOOL. An elementary, middle, or high school established under state law, regulated by the local state authorities in the various political subdivisions, funded and maintained by public taxation, and open and free to all children of the particular district where the school is located.
RESIDENT. An individual who is an income tax payer in the state and can provide proof of residency as required by 63 O.S. §§ 420 et seq.
and O.A.C. 310:681-1-6.
RETAILER. As used in 63 O.S. §§ 421 et seq.
, means a dispensary.
REVOCATION. The city’s final decision that any permit issued pursuant to this subchapter is rescinded because the individual or entity does not comply with the applicable requirements in this subchapter.
SEEDLING. An immature marijuana plant that has no flowers.
STATE QUESTION. Oklahoma State Question No. 788 and Initiative Petition Number 412.
(Prior Code, § 111.070) (Ord. 1867A, passed 3-10-2020)