Rules or Laws ... and what constitutes an emergency?
Oklahoma laws and administrative rules are two distinct but interrelated components of the state’s legal system. Here’s a comparison of the two:
Oklahoma laws, also known as statutes or legislative acts, are enacted by the state’s legislative branch, which consists of the House of Representatives and the Senate. These laws are the result of the legislative process where elected officials introduce bills, debate, vote on them, and, if passed, they are signed into law by the Governor. Laws are codified into the Oklahoma Statutes, which are the official compilation of the state’s laws.
Oklahoma administrative rules, on the other hand, are created by the executive branch agencies, boards, and commissions. These entities are tasked with implementing and enforcing the laws passed by the legislature. Administrative rules provide more specific and detailed regulations, procedures, and guidelines to carry out the intent of the laws. They are developed by the respective administrative bodies through a process that typically includes public comment periods and input, and are subject to approval by the Governor or the Legislature, depending on the rule’s nature and scope.
More than half of Oklahoma’s codified law is written by state agencies. Statements written by state agencies which have the effect of law are called administrative rules. –rules/ok.gov
Emergency Rules
The Oklahoma Policy Institute, describes what emergency rules are and outlines what constitutes an emergency:
Emergency rules are exceptions to the regular permanent administrative rule-making process for state agencies, boards and commissions. As set out by Title 75, Section 253 of Oklahoma Statutes, emergency rules may be promulgated if an agency can establish that the rule is required to:
a. protect the public health, safety or welfare,
b. comply with deadlines in amendments to an agency’s governing law or federal programs,
c. avoid violation of federal law or regulation or other state law,
d. avoid imminent reduction to the agency’s budget, or
e. avoid serious prejudice to the public interest.
The Governor has 45 days to approve or reject an emergency rule request. If the Governor approves a rule, it takes immediate effect and remains in effect until the first day of the next legislative session, or no later than September 15th if in effect during the legislative session. Emergency rules can be disapproved by the Legislature or superseded by the promulgation of permanent rules.
OMMA Rules 2025 Emergency Rule Updates
The emergency rule updates include changes required by new state laws, including Senate Bill 1939 and House Bill 3361 from the 2024 legislative session.
Senate Bill 1939 adds new law concerning license transfers and amends existing law to make clarifications, establish fees, and add language. This Act goes into effect November 1, 2024.
Amendments
- No medical marijuana business premises is permitted to have multiple licenses of the same type.
- Established a late renewal fee of $500 per week that the license is expired.
- Shortened the late renewal window from 90 days to 60 days, at which time it cannot be renewed. Also established a window of “timely” renewal as 60 days prior to expiration. Timely renewal allows the license to remain unexpired until reviewed. Finally, this section also adds that licensees may renew up to 120 days prior to expiration.
- Upon expiration, all possession, sale, transfer of medical marijuana must cease. Any continued possession, sale, or transfer shall subject the business owners and operators to felony prosecution.
- A medical marijuana business license holder shall require all individuals employed under his or her license to be issued a credential prior to employment.
New Law
- No medical marijuana business shall be transferred without written approval of an application by OMMA.
- Outlines the process by which a transfer of ownership is conducted.
- The new medical marijuana business owner shall provide the Authority with a detailed inventory of any and all items including, but not limited to, all seeds, plant tissue, clones, plants, usable medical marijuana or trim, leaves, and other plant matter, batches of extract, medical marijuana, medical marijuana concentrate, and medical marijuana products upon taking control of the business.
House Bill 3361 requires medical marijuana to be sold in pre-packaged quantities beginning June 1, 2025.
Section 1
A. Upon the effective date of this act, all medical marijuana flower, trim, shake, kief, medical marijuana product, or other flower-based product not defined as a concentrate, shall be sold by licensed medical marijuana processors and licensed medical marijuana commercial growers to licensed medical marijuana dispensaries only in pre-packaged form in package sizes weighing not less than one-half (1/2) of one (1) gram to not more than three (3) ounces.
B. Non-opaque materials may be used when packaging medical marijuana flower, provided all other packaging and labeling ENR. H. B. NO. 3361 Page 2 requirements for medical marijuana products sold in this state are met and it is placed in an opaque container before leaving a licensed medical marijuana dispensary.
C. The display and smelling of medical marijuana shall be allowed pursuant to Section 421 of Title 63 of the Oklahoma Statutes.
D. OMMA shall promulgate rules to allow for product return from the dispensary to the processor or grower, or processor to grower.
Both laws and administrative rules are publicly accessible. Oklahoma laws are published in the Oklahoma Statutes and are available online through the state’s official website. Administrative rules are compiled in the Oklahoma Administrative Code, which is also available online. The public can review these sources to understand their rights, responsibilities, and obligations under the state’s legal framework.
