Trust Me! I'm A Lawyer

COMMERCIAL LICENSE RENEWAL

The Oklahoma Medical Marijuana Authority (OMMA) provides a very specific commercial license for a very specific time period. Pursuant to the Oklahoma Administrative Code regulations, “[a] medical marijuana business license shall be issued for a twelve (12) month period expiring one (1) year from the date of issuance.” OAC 310:681-5-2(a). The code goes on to provide, “it is the responsibility of the license holder to renew the license, with all applicable documentation, prior to the date of expiration of the license…” OAC 310:681-2-2(c)(1).

Thankfully The Administrative Procedures Act allows license holders who make a timely and sufficient application for renewal, to continue operating and the existing license does not expire until the application is finally determined. 75 O.S §314. After one year, your license expires as a matter of law unless you renew it. If you submitted a timely renewal application, you may continue operating as though you have an active license during the review process.

But what happens when you miss the deadline to apply for the renewal? Well after one year of issuance, your license is expired or inactive. But, OAC 310:681-5-2(c)(5) states, “[a] commercial licensee that attempts to renew its license after the expiration date of the license shall pay a nonrefundable late renewal fee in the amount of $500.00 to reinstate the license once processed and approved by the Department.” While this provision is new, it has played a part in litigation regarding untimely renewal applications. If you fail to timely renew your license with the OMMA you may elect to pay the $500.00 fee, but this fee does not guarantee that your license will be approved, and it does not give the license an active status during the OMMA’s application review period.

Because there is a commercial license moratorium in place, processing your commercial license renewal timely is crucial. Although the OMMA has an online portal to process your renewal application, the portal has experienced failures and is entirely unavailable at times. You may apply for your license renewal up to 60 days prior to the license expiration date.

FOR QUESTIONS OR MORE INFORMATION EMAIL JADE@BICLEGAL.COM

- Jade