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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.

Dispensary licenses are in the form of a license certificate. Licensed dispensaries must comply with Title 63 O.S. § 420 et seq. and the Oklahoma Administrative Code (OAC) 442:10. Licenses are valid for one year.

Licenses are available for Oklahoma residents who are at least 25 years old. Applicants must provide documents establishing the applicant; and the members, managers, and board members, if applicable; and 75% of the commercial applicant's ownership interests are Oklahoma residents as required in the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.

Owners and officers must pass a background check. Dispensaries must provide proof the nearest perimeter wall is not within 1,000 feet of the property line for any public or private school.

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.

Other restrictions and requirements apply. See the Commercial Application Checklist, our FAQs and our rules for more information.


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.



How-To Video (Applications)


FAQs

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.
 
  • 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.

Yes, separate licenses are required for each location. A separate application and non-refundable application fee for each location is required. You also will need to submit a separate application and non-refundable application fee for each license type (processor, grower, dispensary, etc.).

You may use the same background check for multiple license applications as long as the background check was completed within 30 days of the application submission date.

Licenses are valid for one year from the date issued, unless the license is revoked by OMMA. Licensees may begin the renewal process 60 days before the license expires. As long as you submit a renewal application before the license expires, the license will remain active while OMMA reviews the application.

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.

Watch our video to see how to apply for a dispensary license.

Review our Commercial Application Checklist to see what documentation you need before submitting a dispensary license application.

Yes, background checks are required for all owners and officers. Please review the instructions on our Commercial License Background Check Information sheet before submitting an application. The applicant is responsible for all costs associated with the background checks.

OMMA-licensed dispensaries can sell product to licensed dispensaries and patients/caregivers. This is the only license type permitted to sell medical marijuana or medical marijuana products to licensed patients and caregivers.

Yes – a dispensary can use flower, shake or trim to make pre-rolls (up to 1 gram in net weight). But as with all medical marijuana and medical marijuana products, anything a dispensary sells must comply with OMMA rules.

Notify OMMA by filling out our Notice of Loss/Theft Form as soon as you realize product is unaccounted for because of a natural disaster. Please provide the business name, license number and details about the missing product, including Metrc RFID tag numbers if known.

Go to our Change of Ownership page for details.

A new attestation form along with the state background check will temporarily meet the national background check requirement included in HB 2095 (2023). All persons of interest and Transporter Agents must upload:

You may find rule citations on this page helpful. 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.

Last Modified on Sep 04, 2024