Okla. Stat. tit. 63, § 63-430

process – Waste disposal facility permit.

A. There is hereby created and authorized a medical marijuana

waste disposal license. A person or entity in possession of a

medical marijuana waste disposal license shall be entitled to

possess, transport and dispose of medical marijuana waste. No

person or entity shall dispose of medical marijuana waste without a

valid medical marijuana waste disposal license. The Oklahoma

Medical Marijuana Authority shall issue licenses upon proper

application by a licensee and determination by the Authority that

the proposed site and facility are physically and technically

suitable. Upon a finding that a proposed medical marijuana waste

disposal facility is not physically or technically suitable, the

Authority shall deny the license. The Authority may, upon

determining that public health or safety requires emergency action,

issue a temporary license for treatment or storage of medical

marijuana waste for a period not to exceed ninety (90) days. The

Authority shall not, until November 1, 2021, issue more than ten

medical marijuana waste disposal licenses. Beginning November 1,

2021, there shall be no limit to the number of medical marijuana

waste disposal licenses issued by the Authority.

B. Entities applying for a medical marijuana waste disposal

license shall undergo the following screening process:

1. Complete an application form, as prescribed by the

Authority, which shall include:

a. an attestation that the applicant is authorized to

make application on behalf of the entity,

b. full name of the organization,

c. trade name, if applicable,

d. type of business organization,

e. complete mailing address,

f. an attestation that the commercial entity will not be

located on tribal land,

g. telephone number and email address of the entity, and

h. name, residential address and date of birth of each

owner and each member, manager and board member, if

applicable;

2. The application for a medical marijuana waste disposal

license made by an individual on his or her own behalf shall be on

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the form prescribed by the Authority and shall include, but not be

limited to:

a. the first, middle and last name of the applicant and

suffix, if applicable,

b. the residence address and mailing address of the

applicant,

c. the date of birth of the applicant,

d. the preferred telephone number and email address of

the applicant,

e. an attestation that the information provided by the

applicant is true and correct, and

f. a statement signed by the applicant pledging not to

divert marijuana to any individual or entity that is

not lawfully entitled to possess marijuana; and

3. Each application shall be accompanied by the following

documentation:

a. a list of all persons or entities that have an

ownership interest in the entity,

b. a certificate of good standing from the Secretary of

State, if applicable,

c. an Affidavit of Lawful Presence for each owner,

d. proof that the proposed location of the disposal

facility is at least one thousand (1,000) feet from a

school. The distance indicated in this subparagraph

shall be measured from the nearest property line of

such school to the nearest perimeter wall of the

premises of such disposal facility. If any school is

established within one thousand (1,000) feet of any

disposal facility after such disposal facility has

been licensed, the provisions of this subparagraph

shall not be a deterrent to the renewal of such

license or warrant revocation of the license. For the

purposes of this section, “school” shall mean the same

as provided in Section 427.2 of this title, and

e. documents establishing the applicant, the members,

managers and board members, if applicable, and

seventy-five percent (75%) of the ownership interests

are residents of this state as established in Section

420 et seq. of this title, as it relates to proof of

state residency.
e. For the

purposes of this section, “school” shall mean the same

as provided in Section 427.2 of this title, and

e. documents establishing the applicant, the members,

managers and board members, if applicable, and

seventy-five percent (75%) of the ownership interests

are residents of this state as established in Section

420 et seq. of this title, as it relates to proof of

state residency.

For purposes of this paragraph, “school” means the same as

defined in Section 427.2 of this title.

C. No license shall be issued except upon proof of sufficient

liability insurance and financial responsibility. Liability

insurance shall be provided by the applicant and shall apply to

sudden and nonsudden bodily injury or property damage on, below or

above the surface, as required by the rules promulgated by the

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Executive Director. Such insurance shall be maintained for the

period of operation of the facility and shall provide coverage for

damages resulting from operation of the facility during operation

and after closing.

D. Submission of an application for a medical marijuana waste

disposal license shall constitute permission for entry to and

inspection of the facility of the licensee during hours of operation

and other reasonable times. Refusal to permit such entry of

inspection shall constitute grounds for the nonrenewal, suspension

or revocation of a license. The Authority, the Oklahoma State

Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State

Bureau of Investigation, and the Attorney General may perform an

annual unannounced, on-site inspection of the operations and any

facility of the licensee. If the Authority receives a complaint

concerning noncompliance by a licensee with the provisions of the

Oklahoma Medical Marijuana Waste Management Act, the Authority, the

Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the

Oklahoma State Bureau of Investigation, and the Attorney General may

conduct additional unannounced, on-site inspections beyond the

inspections provided for in Section 427.6 of this title. The

Authority may refer all complaints alleging criminal activity that

are made against a licensed facility to appropriate state or local

law enforcement authorities.

E. The Authority shall issue an annual permit for each medical

marijuana waste disposal facility operated by a licensee. A permit

shall be issued only upon proper application by a licensee and

determination by the Authority that the proposed site and facility

are physically and technically suitable. Upon a finding that a

proposed medical marijuana waste disposal facility is not physically

or technically suitable, the Authority shall deny the permit. The

Authority shall have the authority to revoke a permit upon a finding

that the site and facility are not physically and technically

suitable for processing. The Authority may, upon determining that

public health or safety requires emergency action, issue a temporary

permit for treatment or storage of medical marijuana waste for a

period not to exceed ninety (90) days.

F. The cost of a medical marijuana waste disposal license shall

be Five Thousand Dollars ($5,000.00) for the initial license. The

cost of a medical marijuana waste disposal facility permit shall be

Five Hundred Dollars ($500.00). A medical marijuana waste disposal

facility permit that has been revoked shall be reinstated upon

remittance of a reinstatement fee of Five Hundred Dollars ($500.00)

to restore the facility permit. All license and permit fees shall

be deposited into the Oklahoma Medical Marijuana Authority Revolving

Fund as provided in Section 427.5 of this title.

G. The holder of a medical marijuana waste disposal license

shall not be required to obtain a medical marijuana transporter

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red Dollars ($500.00)

to restore the facility permit. All license and permit fees shall

be deposited into the Oklahoma Medical Marijuana Authority Revolving

Fund as provided in Section 427.5 of this title.

G. The holder of a medical marijuana waste disposal license

shall not be required to obtain a medical marijuana transporter

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license provided for in the Oklahoma Medical Marijuana and Patient

Protection Act for purposes of transporting medical marijuana waste.

H. All commercial licensees, as defined in Section 428.1 of

this title, shall utilize a licensed medical marijuana waste

disposal service to process all medical marijuana waste generated by

the licensee.

I. The Executive Director of the Authority shall promulgate

rules for the implementation of the Oklahoma Medical Marijuana Waste

Management Act. Promulgated rules shall address disposal process

standards, site security and any other subject matter deemed

necessary by the Executive Director.