Okla. Stat. tit. 63, § 63-426.1

information with law enforcement - Sharing information with

political subdivisions – Certificate of compliance with political

subdivision.

A. All licensure revocation hearings conducted pursuant to

marijuana licenses established in the Oklahoma Statutes shall be

recorded. A party may request a copy of the recording of the

proceedings. Copies shall be provided to local law enforcement if

the revocation was based on alleged criminal activity.

B. The Oklahoma Medical Marijuana Authority shall assist any

law enforcement officer in the performance of his or her duties upon

such request by the law enforcement officer or the request of other

local officials having jurisdiction. Except for license information

concerning licensed patients, as defined in Section 427.2 of this

title, the Authority shall share information with law enforcement

agencies upon request without a subpoena or search warrant.

C. The Authority shall make available all information on

whether a medical marijuana patient or caregiver license is valid to

law enforcement electronically through an online verification

system.

D. The Authority shall make available to state agencies and

political subdivisions a list of marijuana-licensed premises,

medical marijuana businesses or any other premises where marijuana

or its by-products are licensed to be cultivated, grown, processed,

stored or manufactured to aid state agencies and county and

municipal governments in identifying locations within their

jurisdiction and ensuring compliance with applicable laws, rules and

regulations.

E. 1. Any marijuana-licensed premises, medical marijuana

business or any other premises where marijuana or its by-products

are licensed to be cultivated, grown, processed, stored or

manufactured shall submit with its application or request to change

location, after notifying the political subdivision of its intent, a

certificate of occupancy from the political subdivision or State

Fire Marshal where the facility of the applicant or licensee is to

be located certifying compliance with zoning classifications,

applicable municipal ordinances and all applicable safety,

electrical, fire, plumbing, waste, construction and building

specification codes. If the political subdivision does not have an

authority having a jurisdiction agreement on file with the Office of

the State Fire Marshal, the State Fire Marshal shall certify

Oklahoma Statutes - Title 63. Public Health and Safety Page 1113

compliance with all applicable safety, electrical, fire, plumbing,

waste, construction, and building specification codes.

2. Beginning on May 28, 2021, upon the initial request for

renewal or transfer of a retail marijuana dispensary license, a

municipal government may object to the continued licensure of the

medical marijuana dispensary if the municipal government determines

it is operating contrary to the required setback distance from a

school including the error in measurement allowance authorized by

Section 425 of this title.

3. To prevent the granting of the grandfather provisions of

Section 425 of this title as a matter of law, the municipal

government shall provide the following documentation prior to the

initial renewal or transfer of a license:

a. a municipal resolution finding that the marijuana

dispensary is located within the prohibited setback

distance from a school that was openly in existence in

such a way that the public generally would have known

of the school’s existence and operation in that

location prior to the original marijuana dispensary

being licensed. For purposes of this subparagraph,

“openly in existence” means any building, location or

structure on a school site that has visible outward

markings indicating the building, location or

structure was operating as a school which would serve

as sufficient notice of the existence of the school or

a reason for further inquiry on the part of the
the original marijuana dispensary

being licensed. For purposes of this subparagraph,

“openly in existence” means any building, location or

structure on a school site that has visible outward

markings indicating the building, location or

structure was operating as a school which would serve

as sufficient notice of the existence of the school or

a reason for further inquiry on the part of the

marijuana dispensary license applicant. Openly in

existence shall not mean any school that operated

secretly or discreetly without any signs or other

markings on any building, location or structure on the

school site, undeveloped land or a structure owned by

a school that was not openly used and marked as a

school site, or any school site that was established

after the marijuana dispensary had been established

and licensed by the Authority, and

b. documentation of the measured distance from the school

to the marijuana dispensary utilizing the method for

determining the setback distance less any allowable

error in measurement calculated and remeasured on and

after the effective date of this act as authorized by

Section 425 of this title.

4. Prior to initial renewal or transfer of a license and upon

receipt of documentation required by paragraph 3 of this subsection,

if the Authority determines that the medical marijuana dispensary is

operating contrary to the required setback distance from a school

including the error in measurement allowance authorized by Section

425 of this title, the Authority may deny the renewal or transfer of

Oklahoma Statutes - Title 63. Public Health and Safety Page 1114

the medical marijuana dispensary license and shall cause the license

to be revoked.

5. For purposes of this subsection, “school” means the same as

defined in Section 427.2 of this title.

Once a certificate of occupancy has been submitted to the

Oklahoma Medical Marijuana Authority showing full compliance as

outlined in this subsection, the licensee shall only need to submit

an affidavit for license renewal stating the premises continues to

comply with zoning classifications, applicable municipal ordinances,

and all applicable safety, electrical, fire, plumbing, waste,

construction, and building specification codes. An additional

certificate of occupancy along with an affidavit shall be submitted

if a change of use or occupancy occurs, or there is any change

concerning the facility or location that would, by law, require

additional inspection, licensure or permitting by the state or

municipality. Municipalities or the State Fire Marshal may

implement an inspection program to verify compliance with this

subsection. The Authority shall promulgate the rules necessary for

the affidavit provided in this subsection. If an application for

renewal is submitted in violation of the provisions of this

subsection or information provided on the affidavit is inaccurate or

untrue, the Authority shall suspend operations of the licensee’s

premises until compliance is reestablished. All existing medical

marijuana business licensees and registrants that do not possess a

valid certificate of occupancy, where required, shall be subject to

revocation until such time as a valid certificate of occupancy is

obtained for all applicable structures. This provision shall not

apply to medical marijuana business licensees and registrants who

submitted a full and complete application for a valid certificate of

occupancy to the State Fire Marshal or political subdivision with an

authority having a jurisdiction agreement on file with the State

Fire Marshal before February 1, 2024, and while the same application

remains under review by the State Fire Marshal or political

subdivision. Medical marijuana business licensees and registrants

are responsible for compliance with applicable state fire, building,

and electrical codes and may be liable for all damage that results
authority having a jurisdiction agreement on file with the State

Fire Marshal before February 1, 2024, and while the same application

remains under review by the State Fire Marshal or political

subdivision. Medical marijuana business licensees and registrants

are responsible for compliance with applicable state fire, building,

and electrical codes and may be liable for all damage that results

from noncompliance with state fire, building, and electrical codes

to the extent authorized by law.