What to do if you receive an Emergency order of summary suspension from OMMA

OMMA is suspending licenses over failed inspections and immediate action is required to avoid revocation.

The Oklahoma Medical Marijuana and Patient Protection Act (OMMPA) grants the Oklahoma Medical Marijuana Authority (OMMA) broad power to regulate and enforce the state’s medical marijuana program to ensure compliance with state laws and regulations. Specifically, Section 104(B)(1) of the OMMPA provides that the OMMA may summarily suspend a license without prior notice or hearing if the licensee's continued operation poses an imminent threat to public health, safety or welfare.

An emergency order of summary suspension is usually issued in response to a serious violation of the state's medical marijuana laws and regulations, but is becoming more commonly issued following failed inspections for combined checklist items that by themselves do not necessarily amount to a imminent danger to public health.

The suspension orders we are seeing most frequently now highlight the importance for all medical marijuana business types to remain in strict compliance with state health and safety regulations at all times—including rules around product testing, reporting, labeling and packaging. Licensees should also refresh themselves with all operational protocols. Something as seemingly simple as improper waste disposal or reporting errors can result in severe disciplinary action and even implicate your involvement in illicit activity.

Receiving an emergency order of summary suspension is a serious action that can have significant consequences for your medical marijuana business. It’s important to realize, the order is considered an emergency because the OMMA believes that allowing the business to continue operating would pose an imminent threat to public health, safety or welfare. The order is issued without a prior hearing because the OMMA believes that immediate action is necessary to protect the public.

The OMMA must provide written notice of the summary suspension to the licensee within 24 hours and a hearing must be requested within ten days. The emergency order of summary suspension is not a final decision, but rather a temporary measure that allows the OMMA to investigate the violation and hold a hearing to determine whether the license should be permanently revoked or reinstated. Once you have received an emergency order of summary, your business is not allowed to operate in any capacity and any marijuana or marijuana-related products on-site must be securely stored and accounted for.

If you receive an emergency order of suspension from the OMMA, you should immediately seek legal representation from an attorney with experience in Oklahoma marijuana law—this is our entire focus at Gies Law Firm. Oklahoma medical marijuana laws and regulations can be complex and ever-changing. As experienced cannabis attorneys we can provide you with the guidance and support you need to navigate the legal process successfully.

The attorneys at Gies Law Firm can help you understand the charges against you, the potential consequences of the suspension, advise you on the best course of action to take and help you prepare for your hearing, which will be promptly held.

The hearing is an opportunity for you to present evidence and arguments in your defense and our attorneys can help you prepare a strong case to potentially avoid permanent revocation of your license.

If you’ve received an emergency order of suspension from OMMA and need legal representation, or need help demonstrating compliance prior to an inspection, reach out to us right away.