An OMMA license forfeiture can happen for many reasons. Oklahoma’s medical marijuana industry has grown rapidly since 2018, leading to a surge in grower, dispensary, and processor licenses. However, the Oklahoma Medical Marijuana Authority (OMMA), which regulates the industry, has also tightened enforcement measures in response to concerns over compliance. This raises an important question for licensed growers: Can OMMA force you to forfeit your grow license? The short answer is yes—but only under specific legal circumstances.
Grounds for License Revocation or Forfeiture
OMMA has the authority to suspend, revoke, or refuse to renew a medical marijuana grow license if a business violates state regulations. Common reasons OMMA may force a grower to forfeit their license include:
Violations of State or Local Laws
OMMA can revoke or refuse to renew a license if a grower violates Oklahoma’s medical marijuana laws or any applicable local regulations. Some of the most common violations include:
- Operating without a valid license
- Selling or distributing marijuana outside of OMMA regulations
- Allowing unauthorized individuals to access grow operations
- Failing to pay required fees or taxes
Some of these infractions can be as simple as mislabeling something on accident. If you believe this is the case for you, consulting with a lawyer with experience with the OMMA is vital. They will be able to review the State’s cause of action against you to see what can be done.
Failure to Comply with Inspections and Reporting Requirements
Growers must comply with OMMA inspections and reporting requirements to maintain their licenses. The following are some issues that can occur:
- Obstructs an inspection,
- Fails to submit required documents, or
- Falsifies records
- Does not meet ownership or residency requirements
These can initiate license suspension or revocation proceedings. OMMA has increased compliance checks and site visits to ensure that licensed businesses are following regulations. These inspections help ensure the integrity of medical marijuana for Oklahoma consumers.
Unlawful Transfer or Diversion of Marijuana
Oklahoma law strictly prohibits the illegal transfer of marijuana products, especially across state lines. If OMMA finds that a licensed grower has participated in black market sales or diverted marijuana to unauthorized buyers, it has the authority to revoke the grow license immediately. Marijuana is still federally illegal, so it’s important to maintain the State’s rights to regulate it while not intentionally breaking federal laws.
What Are My Rights If OMMA Tries to Revoke My License?
If OMMA initiates a license revocation, growers have legal rights and options to challenge the decision:
- Request an Administrative Hearing – Growers can appeal the decision and present evidence in their defense.
- File for a Temporary Injunction – If OMMA’s decision appears unlawful or unfair, a grower may seek court intervention to temporarily halt the forfeiture.
- Hire Legal Representation – An experienced attorney can help growers navigate compliance issues and challenge license revocations.
Whether you decide to hire legal counsel or not is up to you, but it’s best to get a consultation at least to see where you stand. Going at this process alone could be the death of your medical marijuana business.
Tulsa County Civil Defense Attorneys
OMMA has the legal authority to force a grower to forfeit their license, but only when the licensee violates Oklahoma’s medical marijuana laws, fails to comply with inspections, engages in illegal sales, or does not meet ownership requirements. However, growers have legal rights and options to challenge a revocation if they believe the decision is unfair. Our attorneys at Tulsa County Lawyers Group are knowledgeable about how to deal with the OMMA and their stipulations. If you are facing OMMA license forfeiture or compliance issues, get a free consultation from a civil defense attorney by calling 918.379.4864. Or you can ask an online question by following this link.
