(A) Business conducted within building and prohibition of on-site use.
(1) Any and all cultivation, production, distribution, possession, storage, display, sales, or other distribution of marijuana shall occur only within the restricted area of a commercial medical marijuana business and shall not be visible from the exterior of the business.
(2) No marijuana shall be smoked, eaten, or otherwise consumed or ingested within the medical marijuana business.
(B) Display of certificate of compliance required. A valid city issued commercial medical marijuana certificate of compliance shall be conspicuously posted in the business.
(C) Ventilation required. A commercial medical marijuana business shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.
(D) Security required. A commercial medical marijuana business shall be secure so that unauthorized entrance into areas containing marijuana is prevented. A security plan shall be discussed with the inspector and/or reviewer of the certificate of compliance application.
(E) Disposal of medical marijuana and marijuana byproducts.
(1) All medical marijuana and any product containing a usable form of marijuana to be disposed of must be made unusable and unrecognizable prior to removal from the business in compliance with the Oklahoma Department of Health rules and all applicable laws.
(2) This provision shall not apply to licensed law enforcement, including, without limitation, the Police Department and the Fire Department.
(F) Delivery between medical marijuana businesses. It shall be unlawful for any person to transport medical marijuana, except as specifically allowed by applicable law, unless the medical marijuana being transported meets the following requirements:
(1) All medical marijuana is transported in a locked container, shielded from public view, and labeled “medical marijuana or derivative;”
(2) Unless otherwise specifically allowed by applicable law, medical marijuana may be transported only between medical marijuana businesses; and
(3) The medical marijuana must be accompanied by the manifest in accordance with state requirements for transport of marijuana.
(G) Requirements for public health, labeling, and advertisement.
(1) The production of any medical marijuana-infused product shall be at a medical marijuana-infused product manufacturer that meets all requirements of a retail food establishment as set forth in 63 O.S. §§ 1-1101 et seq., 63 O.S. §§ 1-1401 et seq., O.A.C. 310:257, and O.A.C. 310:240. The production of any product containing medical marijuana shall comply with all health and safety standards thereof. The certificate of compliance holder shall comply with all applicable state and local health regulations related to the production, preparation, labeling, and sale of prepared food items as if the medical marijuana-infused products were food items.
(2) All medical marijuana sold or otherwise distributed by the certificate of compliance holder shall be packaged and labeled in a manner that advises the purchaser that it contains marijuana and specifics the amount of marijuana in the product, that the marijuana is intended for medical use solely by the patient to whom it is sold, and that any resale or redistribution of the medical marijuana to a third person is prohibited. In addition, the label shall comply with all applicable requirements of the state and any other applicable law.
(3) The product shall be packaged in a sealed container that cannot be opened without obvious damage to the packaging.
(4) A commercial medical marijuana business may not advertise in a manner that is inconsistent with the medicinal use of medical marijuana. A medical marijuana business may not advertise in a manner that is misleading, deceptive, false, or designed to appeal to minors.
(5) Advertisement by a commercial medical marijuana business that promotes medical marijuana for recreational or any use other than for medicinal purposes shall be a violation of this code.
(H) Compliance with other applicable law. Except as may be provided otherwise in this subchapter, or rules adopted pursuant to this subchapter or interpretations by the city, any law or regulation adopted by the state governing the cultivation, production, possession, or distribution of marijuana for medical use shall also apply to medical marijuana businesses in the city. Compliance with any applicable state law or regulation that does not permit what this subchapter prohibits shall be deemed an additional requirement for issuance or denial of any permit and/or certificate under this subchapter, and noncompliance with any applicable state law or regulation is unlawful and shall be grounds for revocation or suspension of any permit and/or certificate issued under this subchapter. No medical marijuana business shall continue operations in violation of an additional state law or regulation, which does not permit what this subchapter prohibits, applicable within the city after the effective date of the state law or regulation.
(I) Revocable privilege and revocation of certificate of compliance upon denial or revocation of state license or applicable federal prohibition.
(1) A commercial medical marijuana business permit is a revocable privilege, and no applicant therefor or holder thereof shall be deemed to have acquired any property interest therein.
(2) If the state prohibits the cultivation, production, possession, or other distribution of marijuana through medical marijuana businesses, or if a medical marijuana business is denied a commercial medical marijuana business permit or has such permit revoked, or if a court of competent jurisdiction determines that the federal government’s prohibition of the cultivation, production, possession, or other distribution of marijuana through medical marijuana businesses supersedes state law, any certificate of compliance issued pursuant to this subchapter shall be deemed to be immediately revoked by operation of law, with no ground for appeal or other redress on behalf of the certificate of compliance holder.
(Prior Code, § 111.073) (Ord. 1867A, passed 3-10-2020) Penalty, see § 111.999