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Grower

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 grower license allows a business to legally grow marijuana for medical purposes in Oklahoma. Licensed growers can only sell to licensed processors, dispensaries and other growers. Licensed growers 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 grower 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 grower 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.
  • All medical marijuana commercial grower licensees who operate an outdoor medical marijuana production facility are required to register with the Oklahoma Department of Agriculture, Food, and Forestry as an environmentally sensitive crop owner. OAC 442:10-5-1(11)
  • 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.
  • A surety bond for at least $50,000 per license; or proof that the licensee has owned the licensed premises for at least 5 years.

Application Fee

Grower license application fees are calculated by acreage for outdoor grows, and by canopy size for indoor, greenhouse or light deprivation grows. For definitions of “canopy,” “greenhouse” and “light deprivation,” please refer to 63 O.S. § 427.14 (D)(2)(d) in Oklahoma state statutes.

The initial, nonrefundable fee for a medical marijuana commercial grower license shall be calculated based upon the total amount of square feet of canopy or acres the grower estimates will be harvested, transferred, or sold for the year. The annual, nonrefundable license fee shall be based upon the total amount of square feet of canopy or acres harvested, transferred, or sold by the grower during the previous 12 months.

Indoor, Greenhouse or Light Deprivation

Tier Canopy Size Application Fee Credit CArd Processing Fee
Total
Tier 1 Up to 10,000 sq. feet $2,500 $58.30 $2,558.30
Tier 2 10,001-20,000 sq. feet $5,000 $114.55 $5,114.55
Tier 3 20,001-40,000 sq. feet $10,000 $227.05 $10,227.05
Tier 4 40,001-60,000 sq. feet $20,000 $452.04 $20,452.04
Tier 5 60,001-80,000 sq. feet $30,000 $677.05 $30,677.05
Tier 6 80,001-99,999 sq. feet $40,000 $902.05 $40,902.05
Tier 7 100,000 sq. feet or more $50,000 + $0.25 per each additional sq. foot 2.25% of (fee + $2) Varies

 

Outdoor

Tier Size Application Fee Credit Card Processing Fee Total
Tier 1 Up to 2.5 acres $2,500 $58.30  $2,558.30
Tier 2 2.5-5 acres $5,000  $114.55 $5,114.55
Tier 3 5-10 acres $10,000 $227.05 $10,227.05
Tier 4 10-20 acres $20,000  $452.04 $20,452.04
Tier 5 20-30 acres $30,000 $677.05 $30,677.05
Tier 6 30-40 acres $40,000  $902.05 $40,902.05
Tier 7 40-50 acres $50,000 $1,127.04  $51,127.04
Tier 8 50 acres or more $50,000 + $250 for each additional acre 2.25% of (fee +$2) Varies

 


Surety Bond

Senate Bill 913 (2023) took effect April 20, 2023, and requires commercial medical marijuana grower license applicants and licensees to submit proof of one of the following to OMMA:

  • A surety bond covering the area of land within the permit area upon which the business licensee will initiate and conduct commercial growing operations, or;
  • An attestation and accompanying documentation showing that the permit area on which the licensee will initiate or conduct growing operations has been owned by the licensee for at least 5 years before submitting the application.

All commercial grower license applicants must submit the bond or attestation on these forms:

The bond shall be in an amount no less than $50,000 for each license and shall be issued by a surety company qualified to do business in the State of Oklahoma as a surety. OMMA may require a higher amount depending on the reclamation requirements.

Licensees can submit an attestation and accompanying documentation showing that the permit area on which the licensee will initiate or conduct commercial growing operations has been owned by the licensee for at least 5 years before submitting an application. Accompanying documents may include, but are not limited to, a recorded property deed, a court order, conveyance, or other document(s) proving land ownership.

The Surety Bond Form or Attestation of Land Ownership Form and accompanying documentation may be uploaded under the location information section of a grower license application, or it can also be emailed to OMMABonds@omma.ok.gov.

Bonds that expire shall be renewed prior to 30 days before the expiration date of the bond. Upon expiration of a bond, commercial grower licensees shall provide proof to OMMA on forms and in a manner prescribed by OMMA of a new alternate bond or attestation and accompanying documentation meeting the requirements of OAC 442:10-5-3.3 before the date of expiration of the previous bond.


Foreign Financial Interest Attestation

State law requires growers 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.



How-To Videos

One License: Renew a Grower License (Indoor or Outdoor)

Two Licenses: Apply for Your Second Grower License (Indoor or Outdoor)


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Last Modified on Dec 23, 2024