Food safety Medical Marijuana

Oklahoma State Department of Health Encourages CBD and Medical Marijuana Establishments to Obtain Food Licenses.

As a requirement under existing state law, the Oklahoma State Department of Health (OSDH) is encouraging current businesses manufacturing or selling food products infused with or containing CBD and/or medical marijuana to obtain their food licenses by April 26.

Based on current definition in state statute and recent reports by consumers, many of these new, available CBD and medical marijuana products being purchased are recognized as food. Examples of commonly available products which are considered food under Oklahoma law include, but are not limited to:

* Flavored tinctures or oils placed in the mouth or in other food.
* Assorted types of baked goods, candies or chewing gum.
* Infused honey
* Infused bottled water
* Other pre-packaged food products.

Existing licensing requirements are established to ensure proper processing and manufacturing practices are followed and that safe and sanitary practices are used in the production, preparation, and handling of food products. If businesses are not manufacturing or selling food products, a food license is not required.

Completing the food licensing process as soon as possible will help business owners avoid a potential backlog of plan review and licensing applications as we get closer to the April 26 deadline.”

The initial startup cost will include a $425 plan review application fee and a $425 initial food license fee. Thereafter, food licenses are renewed annually at $335.

If you will be a medical marijuana dispensary please fill out the plan review application located here. On page 3 under type of operation select "Other" and write Medical Marijuana Dispensary.

If you will be a medical marijuana processor please fill out the plan review application located here.

The forms and payment must both be received before review of application begins.


FAQ Medical Marijuana

  1. Will OMMA licensed dispensary or processor be required to obtain a food license?
    No, only if engaged in the manufacture or sale of food.
  2. Are there restrictions on the location of my processor or dispensary license?
    Check with local municipality for zoning restrictions.
  3. Can a Medical Marijuana edible be from outside Oklahoma?
    Not at this time.Under the State Question, medical marijuana and medical marijuana products can only be transferred across state lines if it becomes permissible under Federal law.
  4. Can Medical Marijuana edible be baked under the Home Bakery Act?
    No. MM products can only be prepared/manufactured on OMMA licensed premises. A private home, a room used as living/sleeping quarters, or an area directly opening into a room used as living/sleeping quarters may not be used for processing operations.
  5. Can I make Medical Marijuana infused meat?
    Refer to the Oklahoma Department of Agriculture, Food and Forestry. Case-by-case review.
  6. Can mobile food units sell or make edible marijuana if labeled properly?
    No. An OMMA license is only valid for a single location at the address listed on the application.
  7. Do I need a license from OMMA before I receive an OSDH food license?
    Yes
  8. What type of license do I need to obtain if I am selling marijuana edibles and what are the major requirements. For a complete list of requirements please refer to our Construction Guidelines.

    A. Retail Store (42R)- Dispensary
    Plumbing requirement with no re-packaging- Mop Sink, Restroom

    B. Processors (42P)
    Plumbing requirement for full processors- 3 compartment sink (commercial or commercial grade), handwashing sink, mop sink, and restroom
    Plumbing requirement with re-packaging at dispensary- two compartment sink (commercial or commercial grade), handwash sink, mop sink and restroom.
    *The hand sink in the restroom does not meet the requirement for a hand sink for re-packaging and processors.The hand sink must be in the food prep area or close to where the re-packaging is occurring.