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Dispensary

NOTE: A moratorium began Aug. 26, 2022, for new dispensary, grower and processor licenses. HB 3208 (2022), passed by the Oklahoma Legislature and signed by the Governor, put the moratorium in place. HB 2095 (2023), also passed by the Legislature and signed by the Governor, extended the moratorium end date to Aug. 1, 2026, unless OMMA's Executive Director determines all pending licensing reviews, inspections or investigations are complete. The moratorium does not affect current licensees, who can apply for renewal.

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Overview

A medical marijuana dispensary license allows a business to legally sell medical marijuana and medical marijuana products, including mature plants and seedlings. Licensed dispensaries can only sell to other licensed dispensaries or patient license holders, caregiver license holders, research license holders, and the parent or legal guardian named on a minor patient’s license. Licensed dispensaries must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10.

A transporter license is issued simultaneously with approved dispensary licenses. The transporter license allows the licensee, through its licensed transporter agents, to transport their own medical marijuana and medical marijuana products to another licensed business. Anyone driving a transportation vehicle must have a transporter license and transporter agent license identification card.

OMMA processes commercial license applications within 90 business days, excluding state holidays. Licenses are valid for one year from the date issued unless the license is revoked by OMMA. For information on renewal time frames and ownership transfers, visit our dedicated webpage.

Basic Requirements

Below are the basic requirements to obtain a dispensary license. Other restrictions and requirements apply. For a more comprehensive understanding, review all OMMA Rules at omma.ok.gov/rules. If you have questions about the rules, OMMA encourages you to seek legal counsel.

  • Applicants must be 25 or older.
  • Individual applicants must be Oklahoma residents.
  • Members, managers, and board members of entity applicants must all be Oklahoma residents.
  • Entities must show that at least 75% ownership held by an Oklahoma resident.
  • All owners and officers must provide a background check; nonviolent felony convictions in the last two years and any other felony conviction in the last five years for any owner will disqualify the applicant.
  • Unless the business entity is a sole proprietorship or general partnership, the applying entity must submit a copy of the Oklahoma Secretary of State’s certificate of good standing document. For more information, visit the Secretary of State website.
  • Applicants must supply a Certificate of Compliance for their business location.
  • Applicants must provide proof that the nearest perimeter wall is not within 1,000 feet of the property line for any public or private school.
  • Proof of identity can be established by providing a digital, color copy of one of the following unexpired, valid documents:
    • Oklahoma driver’s license (front).
    • Oklahoma identification card (front).
    • U.S. passport or other photo identification issued by the U.S. government.
    • Tribal identification card approved for identification purposes by the Oklahoma Department of Public Safety:            
      • U.S. Bureau of Indian Affairs identification card or Oklahoma tribal photo identification cards: Muscogee (Creek) Nation of Oklahoma, Kiowa, Comanche, Apache of Oklahoma, Absentee Shawnee, Cheyenne-Arapaho, Choctaw, Delaware, Caddo Nation of Oklahoma issued on or after Jan. 8, 2008.
  • Oklahoma residency can be established by providing a digital, color copy of a combination of the following documents that provide proof of Oklahoma residency for the duration of the 2 or 5 years:
    • Oklahoma driver’s license (front).
    • Oklahoma identification card (front).
    • Utility bills, excluding cellular telephone and internet bills.
    • A residential property deed to property in the State of Oklahoma.
    • A current rental agreement for residential property located in the State of Oklahoma.
    • State of Oklahoma tax returns.
    • Other documentation deemed sufficient by OMMA.
  • Each owner will need to supply an Affidavit of Lawful Presence Form and supporting documentation if they are not a U.S. citizen.

Application Fee

Dispensary license application fees are calculated as 10% of the sum of one year of the dispensary’s combined annual state sales tax and state excise (medical marijuana) tax. The state sales tax calculation includes only sales tax payable to the State of Oklahoma, not sales tax to local governments.

The minimum fee is $2,500, and the maximum fee is $10,000. There is also a credit card processing fee, which is 2.25% of the application fee plus $2 – for example, a $2,500 application fee is calculated as 2.25% of $2,502, for a total credit card processing fee of $58.25.

Foreign Financial Interest Attestation

State law requires dispensaries to submit a Foreign Financial Interest Attestation form with the Oklahoma Bureau of Narcotics and Dangerous Drugs Control (OBNDD) within 60 days of approval of an OMMA business license application. Pursuant to 63 O.S. § 427.15(B), failure to complete the attestation within 60 days will result in the revocation of your OMMA license.

Visit the OBNDD website to fill out the form. A separate attestation is required for each business license. For example, if your business owns a grower license and a processing license, you must complete an attestation for the grower license and a separate attestation for the processing license, each one within 60 days of OMMA approving the license application.

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Last Modified on Dec 23, 2024