How getting a certificate of occupancy could affect your OBNDD renewal

New registration and validation processes implemented by the Oklahoma Bureau of Narcotics may catch a number of medical marijuana manufactures off guard approaching the industry-wide renewal date of October, 31st.

It’s renewal season. In Oklahoma every cannabis business needs two things to be legally registered to operate: A commercial business license from the Oklahoma Medical Marijuana Authority and a permit from the Oklahoma Bureau of Narcotics. This year many changes have been implemented around the registration processes for both OMMA and OBNDD, but one change in particular might catch many rural grows and processors by surprise with the industry-wide permit expiration date of October 31st rapidly approaching.

OBNDD is now requiring medical marijuana manufactures, that’s commercial growers and processors, to submit a supplemental application packet and certificate of occupancy issued by their local authority having jurisdiction or the Oklahoma State Fire Marshal. Even though the requirement from OBN at registration is new, the statutory requirement for businesses to obtain permits no matter where they are is not. Title 74 of the Oklahoma Statutes states clearly putting up walls or installing any type of equipment would require a permit from the appropriate authority having jurisdiction.

In a good number of Oklahoma’s 77 counties, the county itself does not require building permits in unincorporated areas. Applicants took that to mean permits were not required in general. In the hay days of the “2nd Oklahoma land rush,” many licensees went to unincorporated rural areas to set up their grow or processing operation in order to skirt town and city requirements for certificates of occupancy and pre-licensing inspection processes. The issue arising now stems from the nuance that even if the county does not require building permits the state does, and OBN registrants might now be working backwards toward code and compliance on a shortened timeline. The statute states, “In all geographical areas wherein no such permit is required by local authorities such permit must be obtained from the State Fire Marshal.”

Many municipalities are authority having jurisdictions, but only four counties in the state have authority to grant a certificate of occupancy. Those counties are: Oklahoma, Rogers, Tulsa and Wagoner. If you are in a town, city or county that issues COs you may have already had to obtain one. In Oklahoma and Tulsa counties for example, businesses are required to obtain a certificate of occupancy before they are even issued a certificate of compliance—a required document for successful OMMA business license applications. Businesses that have not obtained a CO need to begin the process right away as the Oklahoma State Fire Marshall statistics show this process can be complicated and take time.

The OSFM has shared they receive approximately 1,300 plans submitted for review each year. There are an average of eight emails and three phone calls per plan received; they get 20 phone calls and 20 emails a day requesting code interpretation. 97% of the building plans they receive have major design problems regarding ICC-Codes requiring disapproval. To reiterate, the vast majority of people who submit new building or existing building applications with the Oklahoma State Fire Marshal run into complications and are initially denied permits, extending the time to become compliant or operable.

OBNDD released a position statement that said they “will require all medical marijuana manufacturing registrants to provide required certificates of occupancy/final inspection (CO) or an attestation such certificate is not required by law before granting a new registration or renewing an existing registration.” Speaking with OBN registration, there will be a process implemented that allows applicants to upload communications showing the process of obtaining a CO is underway, but OBN will “not keep applications open indefinitely.” Any OBN renewal application submitted prior to the permit expiration date will remain valid while this year’s application is in review. Once OBN denies a registration however, the applicant would need to cease operations immediately until they can show full compliance and meet all of OBN’s requirements. This scenario comes with a bigger blow this year as license fees for processors and growers have increased by 400%, from $512 to $2,512 which is not recouped in the event of denial. More insight on how long applicants have to resolve open and pending applications should be given by OBN soon.

All of this as it is puts into perspective the urgent need to get started with your broader OBNDD renewal process. The range of hurdles and potential outcomes you could experience is too wide to chance, from time constraints and rebuilding to code, to temporarily shutting down operations your operations and losing registration fees.

Every medical marijuana manufacturer will need a certificate of occupancy to operate and renew their OBNDD permit this year. Even natural greenhouses that utilize nothing but the Earth and sunlight will need to go through a simplified permitting process. If you’re running electricity through a green house or container unit, it will be treated like an indoor grow facility across the board.

At Gies Law Firm, we have always worked diligently to stay ahead of new and complex changes with compliance, registration and OMMA business licensing. We understand the need for strict adherence in this industry and how it complicates the stress of watering other parts of a growing business for smaller operators. We handle OMMA and OBNDD renewal and registration processes from end-to-end and can connect you with a number of reliable professional references should you need them along the way. Securing your licensing and registration items secures your future in Oklahoma’s cannabis industry, and we can help.

Contact us today if you have questions or need help with your Oklahoma Bureau of Narcotics permit renewal or Oklahoma Medical Marijuana business license renewal. We offer flat-fee affordable rates for all licensing and renewal services and will ensure you have what you need to submit a successful application.