Oklahoma Cannabis Businesses and OBNDD Registration: What You Need to Know
Oklahoma medical marijuana dispensaries, growers and processors must register with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD.) This registration is complex and can be confusing. The CBPOK is here to help.
The Oklahoma Medical Marijuana Authority adopted the following rule. It’s found in Title 310, Chapter 681-1-5(b) of the Oklahoma Administrative Code (OAC). It states:
OBNDD Registration. Any dispensary, grower, processor, or researcher issued a license authorized by this Chapter, is required to obtain an Oklahoma State Bureau of Narcotics and Dangerous Drugs Control (“OBNDD”) registration prior to possessing or handling any marijuana or marijuana product pursuant to 63 O.S. §§ 2-302 & 2-303, 63 O.S. § 2-101, and OAC 475:10-1-10.
Within the rule, you will notice the references to Oklahoma state statutes and the Oklahoma Administrative Code. Title 63 sections 2-302 and 2-303 require “every person who manufactures, distributes, dispenses, prescribes, administers or uses for scientific purposes any controlled dangerous substance within this state, or who proposes to engage in” those activities, to register with OBNDD. Marijuana is classified as a controlled dangerous substance under state and federal law. Title 475, Chapter 10-1-10 deals with how a person can register with OBNDD.
How Do I Register?
Dispensaries, growers, and processors licensed with the OMMA may:
Growers and Processors
If you have an Oklahoma medical marijuana growers or processors license, you will apply for a Manufacturer Registration with OBNDD. The fee is $500.
If you have an Oklahoma medical marijuana dispensary license, then you will apply for a CDS Distributor Registration with OBNDD. The registration fee is $300.
If you choose to apply and pay online there is a $12.00 transaction fee added to the registration fee.
What If I Multiple Licenses?
The OBNDD registration applies to each address where the medical marijuana activity is taking place, said Tulsa medical marijuana attorney Stephen Cale. Here are some examples provided by OBNDD:
- Example 1: You have both a grower and processor license and each of those activities will be taking place at the same address. In this instance, you will need to get only one OBNDD Manufacturer Registration.
- Example 2: You have both a Grower (or processor) license and Dispensary license and each of those activities will be taking place at the same address. Under this situation, you need only one OBNDD Manufacturer Registration.
- Example 3: You have both a grower and processor license and each of these activities will be taking place at different addresses. So, you will need to obtain an OBNDD Manufacturer Registration for each address.
- Example 4: You have a Grower (or processor) and Dispensary license and each of those activities will be taking place at a different address. In this case, you will need to obtain a Manufacturer Registration for the growing (or processing) address and a Distributor Registration for the Dispensary address.
The Registration Process
After submitting the OBNDD application, you can expect to receive an additional form within three to five business days, according to OBNDD. You will need to fill out that form and return to the OBNDD. Once the agency receives that completed form, it will be about two to three weeks before your application is processed.
You will receive an email notification from the OBNDD as to whether your application was approved or denied. The OBNDD asks to allow up to three weeks from the time you submit your application before calling to ask about the status of your application.
Contact Garrett Law Group
Garrett Law Group assists its clients from start-up to exit, including entity formation and governance, financing, leasing and licensing. Beyond start-up, Garrett Law Group helps its clients understand and maintain full compliance with the complicated rules in this highly regulated industry. Garrett Law also helps clients in maintaining and expanding their businesses, including later stage financing employment agreements, vendor contracts, licensing agreements and any other transactional work required of a growing business. Garrett Law also has significant expertise in mergers and acquisitions, where the buying and selling of licensed businesses are complicated. Garrett Law will represent you as you navigate this new industry. Garrett Law Group’s attorneys keep abreast of not just cannabis legislation, but other legislation and court opinions that affect how business operates.