Cultivator's Compliance Checklist
Compliance is more than defensive protection; it is affirmatively necessary to progress as a viable business. This checklist helps with the Internal controls to prevent and detect misconduct that are attractive to investors and to merger and acquisition partners.
MaintainX
07/19/2022
Cultivator's Compliance Checklist
Compliance is more than defensive protection; it is affirmatively necessary to progress as a viable business. This checklist helps with the Internal controls to prevent and detect misconduct that are attractive to investors and to merger and acquisition partners.
General
Certificate of Compliance
Department of Agriculture Licensing
OBNDD Registration. Any dispensary, grower, processor, or researcher issued a license authorized by this Chapter, is required to obtain an Oklahoma State Bureau of Narcotics and Dangerous Drugs Control ("OBNDD") registration prior to possessing or handling any marijuana or marijuana product
Inspections shall be limited to twice per calendar year and twenty-four (24) hours of notice shall be provided to a medical marijuana business applicant or licensee prior to an on-site assessment. However, additional inspections may occur when the Department shows that an additional inspection is necessary due to a violation of this act. Such inspection may be without notice if the Department believes that such notice will result in the destruction of evidence
Prohibited acts
No commercial establishment shall allow the consumption of alcohol or the smoking or vaping of medical marijuana or medical marijuana products on the premises.
No commercial establishment shall employ any person under the age of eighteen (18).
No dispensary shall allow for or provide the delivery of medical marijuana or medical marijuana products to licensed patients or caregivers.
No dispensary shall allow any physician to be located, maintain an office, write recommendations, or otherwise provide medical services to patients at the same physical address as a dispensary.
No commercial establishment shall engage in false advertising.
No commercial establishment shall sell or offer to sell medical marijuana products by means of any advertisement or promotion that includes any statement, representation, symbol, depiction, or reference, directly or indirectly, which would reasonably be expected to induce minors to purchase or consume marijuana or medical marijuana products.
No commercial establishment shall falsify or misrepresent any documents, forms, or other materials or information submitted to the Department.
No commercial establishment shall threaten or harm a patient, medical practitioner, or an employee of the Department.
No commercial establishment shall fail to adhere to any acknowledgment, verification, or other representation made to the Department.
No licensee shall operate or otherwise use any extraction 40 equipment or processes utilizing butane, propane, carbon dioxide or any potentially hazardous material in residential property.
Licensees shall only purchase, obtain, or otherwise accept the transfer of medical marijuana products from an Oklahoma-licensed medical marijuana business. No licensee shall purchase medical marijuana or medical marijuana products from any unlicensed or out-of-state individual or entity.
Disciplinary Actions
Disciplinary actions may be imposed upon a medical marijuana business licensee for:
Buying/Selling
All medical marijuana and medical marijuana products shall be purchased solely from an Oklahoma-licensed medical marijuana business, and shall not be purchased from any out-ofstate providers.
No person or entity shall transport or otherwise transfer any medical marijuana or medical marijuana products without both a valid transporter license and a valid transporter agent license.
License required. Only agents, employees, officers, or owners of commercial transporters, growers, processors, or dispensaries who are issued a transporter agent license by the Department shall be qualified to transport medical marijuana or medical marijuana products.
A commercial transporter applicant or licensee must obtain and submit to the Department for each warehouse location structure a certificate of compliance issued by the political subdivision where the licensed premises is to be located certifying compliance with zoning classifications; applicable municipal ordinances; and applicable safety, electrical, fire, plumbing, waste, construction, and building specification codes, and the licensed premises shall meet security requirements applicable to a medical mari
Commercial transporters, growers, processors, and dispensaries shall maintain updated and accurate records and information on all vehicles engaged in the transport of medical marijuana or medical marijuana products, including GPS data and records. on all vehicles engaged in the transport of medical marijuana or medical marijuana products, including GPS data and records. Such records and information shall be kept at the licensed premises and shall be readily accessible.
When transporting medical marijuana or medical marijuana products, commercial transporters, growers, processors, and dispensaries shall provide copies of the inventory manifests to each originating and receiving licensee at the time the product changes hands.
Manifest must contain:
A complete inventory of the medical marijuana and medical marijuana products delivered to the receiving licensee, including the quantities by weight or unit of each type of medical marijuana and medical marijuana products and the batch number(s)
The date and estimated time of arrival;
The printed names, signatures, and transporter agent license numbers of the personnel accompanying the transport; and
The printed names, titles, and signatures of any personnel accepting delivery on behalf of the receiving licensee.
Responsibilities of the license holder
Post the license in a location in the commercial establishment that is conspicuous to consumers;
Comply with the provisions in this Chapter;
Allow representatives of the Department access to the commercial establishment as specified under OAC 310:681-5-4 and OAC 310:681-5-6;
Comply with directives of the Department including time frames for corrective actions specified in inspection reports, audit reports, notices, orders, warnings, and other directives issued by the Department in regard to the license holder’s commercial establishment or in response to community emergencies;
Accept notices issued and served by the Department according to law;
Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this Chapter or a directive of the Department, including time frames for corrective actions specified in inspection reports, audit reports, notices, orders, warnings, and other specified in inspection reports, audit reports, notices, orders, warnings, and other directives; and
If applicable, submit the annual renewal application and pay all enewal license and late fees, if any.
Licenses
The commercial licensee shall notify the Department in writing within fourteen (14) days of any changes in contact information by electronically submitting a change request in accordance with the Department’s instructions.
Monthly reports
Each commercial licensee shall utilize an inventory management system to maintain records and shall complete a monthly report on a form prescribed by the Department.
Grower reports shall include:
Commercial establishments shall keep a copy of the following records for at least seven (7) years from the date of creation:
Business records, which may include but is not limited to as manual or computerized records of assets and liabilities, monetary transactions, journals, ledgers, and supporting documents, including agreements, checks, invoices, and vouchers
If applicable, documents relating to the processing and preparation of medical marijuana products, which may include but is not limited to lab reports, testing records, equipment inspections, training materials, and standard operating procedures.
Documentation of every instance in which medical marijuana was sold,or purchased which shall include:
The name, license number, address, and phone number of all licensees involved in each transaction
The quantity and type of medical marijuana or medical marijuana products involved in each transaction;
The batch number of the medical marijuana or medical marijuana products involved in each transaction; 32
The date of each transaction;
The monetary value of the medical marijuana or medical marijuana products involved in each transaction, including the total sale or purchase amounts;
All point-of-sale and tax records; and (G) All inventory manifests and other documentation relating to the transport of medical marijuana and medical marijuana products.
All inventory manifests and other documentation relating to the transport of medical marijuana and medical marijuana products.
Each commercial licensee shall obtain and maintain an electronic inventory management system that:
Documents the chain of custody of all medical marijuana and medical marijuana products;
Establishes ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of medical marijuana and medical marijuana products for traceability which shall enable the licensee to detect any diversion, theft, or loss in a timely manner
Identifies and tracks a licensee's stock of medical marijuana and medical marijuana products from the time the medical marijuana is propagated at the time it is sold to a patient or caregiver
The inventory tracking system shall include, at the minimum, the following:
notification of when medical marijuana seeds are planted;
notification of when medical marijuana plants are harvested and/or destroyed;
notification of when medical marijuana is transported, sold, stolen, diverted, or lost;
a complete inventory of all medical marijuana; seeds; plant tissue; clones; usable marijuana; trim; leaves; other plant matter; and medical marijuana products;
all samples sent to a testing laboratory or used for internal quality testing or other purposes;
In event of a serious adverse event or recall, is capable of tracking medical marijuana or event of a serious adverse event or recall, is capable of tracking medical marijuana or medical marijuana product from a patient back to the source of the medical marijuana or medical marijuana product; and
Tracks medical marijuana using an assigned batch number and bar code.
Testing
U. A commercial grower shall not transfer or sell medical marijuana and a processor shall not transfer, sell or process into a concentrate or product any medical marijuana, medical marijuana concentrate or medical marijuana product unless samples from each harvest batch or production batch from which that medical marijuana, medical marijuana concentrate or medical marijuana product was derived has been tested by a medical marijuana testing facility for contaminants and passed all contaminant tests required
To ensure the suitability and safety for human consumption of medical marijuana and medical marijuana products, growers and processors are required to test medical marijuana and medical marijuana products for microbials, mycotoxins, residual solvents, pesticides, THC and cannabinoid potency, terpenoid potency, heavy metals, and contaminants and filth in accordance with the following standards and thresholds.
Penalties
Failure to file timely reports. If a commercial licensee wholly fails to submit a required monthly report and fails to correct such deficiencywithin 30 days of the Department’s written notice, the license shall be revoked subject to Subsection (d).
Inaccurate reports
Loss and theft
If a commercial licensee has reason to believe that an actual loss, theft, or diversion of medical marijuana has occurred, the commercial licensee shall notify immediately the Department and law enforcement.
General security requirements for commercial establishment
Commercial licensees shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing marijuana and the theft and diversion of marijuana.
Commercial licensees are responsible for the security of all marijuana items on the licensed premises or all marijuana items in their possession during transit.
Construction of premises
All commercial establishments shall meet the standards of any applicable state and local electrical, fire, plumbing, waste and building specification codes including but not limited to the codes adopted by the Oklahoma Uniform Building Code Commission as set forth in OAC Title 748, Chapter 20
N. A licensed medical marijuana business premises shall be subject to and responsible for compliance with applicable provisions for medical marijuana business facilities as described in the most recent versions of the Oklahoma Uniform Building Code, the International Building Code and the International Fire Code, unless granted an exemption by the Authority or municipality.
Labeling and Packaging
An Oklahoma medical marijuana business shall not sell, transfer or otherwise distribute medical marijuana or medical marijuana product that has not been packaged and labeled in accordance with this section and rules promulgated by the State Commissioner of Health.
Medical marijuana packaging shall be packaged to minimize its appeal to children and shall not depict images other than the business name logo of the medical marijuana producer and image of the product.
A medical marijuana business shall not place any content on a container in a manner that reasonably appears to target individuals under the age of twentyone (21), including but not limited to cartoon characters or similar images
Labels on a container shall not include any false or misleading statements.
No container shall be intentionally or knowingly labeled so as to cause a reasonable patient confusion as to whether the medical marijuana, medical marijuana concentrate or medical marijuana product is a trademarked product or labeled in a manner that violates any federal trademark law or regulation.
The label on the container shall not make any claims regarding health or physical benefits to the patient.
All medical marijuana, medical marijuana concentrate and medical marijuana products shall be in a child-resistant container at the point of transfer to the patient or caregiver.
The State Department of Health
A universal symbol indicating that the product contains tetrahydrocannabinol (THC);
THC and other cannabinoid potency, and terpenoid potency;
A statement indicating that the product has been tested for contaminants;
One or more product warnings to be determined by the Department; and
Any other information the Department deems necessary.
Advertising
A medical marijuana business shall not include in any form of advertising or signage any content that specifically targets individuals under the age of eighteen (18), including but not limited to cartoon characters or similar images.
Source: MaintainX (Community Member)