Okla. Admin. Code § 442:10-5-2.1

Current through Vol. 42, No. 4, November 1, 2024

Section 442:10-5-2.1 - Objection by municipality

Prior to the initial renewal or transfer of a license, a municipal government may object to the continued licensure of a medical marijuana dispensary if the municipal government determines the medical marijuana dispensary is operating contrary to the required setback distance after taking into account the error in measurement allowance.

(1) To object to the initial renewal or transfer of a license, the municipal government shall submit the following documentation:

(A) An objection in a form and manner as determined by the Authority;

(B) A municipal resolution finding that the medical marijuana dispensary is located within the prohibited setback distance from a school;

(C) Documentation establishing that the school in question was openly in existence prior to the medical marijuana dispensary being licensed;

(D) Documentation of the measured distance from the school to the marijuana dispensary utilizing the method for determining the setback distance applicable to the front door of the medical marijuana dispensary less the error in measurement allowance.

(2) If the Authority determines a medical marijuana dispensary is operating contrary to the required setback distance from a school, including the error in measurement allowance, the Authority may deny the renewal or transfer of license and move for revocation of the license.

Okla. Admin. Code § 442:10-5-2.1

Adopted by 40 Ok Reg 382, eff 11/1/2022 (emergency); Adopted by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 8/11/2023