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2020 Op. Okla. Att'y Gen. 1 (2020)

handle is hein.sag/sagok0055 and id is 1 raw text is: 







                          OFFICE OF ATTORNEY GENERAL
                                STATE   OF  OKLAHOMA

                              ATTORNEY   GENERAL   OPINION
                                         2020-1

                                                                        February 24, 2020
 Gary Cox, Commissioner of Health
 Oklahoma  State Department of Health
 1000 NE 10th St.
 Oklahoma  City, OK 73117

 Dear Commissioner Cox,

 This office received a request from your predecessor for an official Attorney General Opinion in
 which he asked, in effect, the following question:

       The  Oklahoma Medical Marijuana and Patient Protection Act requires
       applicants for medical marijuana   business licenses to satisfy a durational
       residency requirement.  See 63 O.S.Supp.2019, § 427.14(E)(11). The Act was
       signed into law  on March   14, 2019 and  took effect on August  29, 2019.
       Meanwhile,  a separate law exempted  from  the Act's residency requirement
       those licensees who were issued a license before the Act's enactment. Id.

       Must  the  Oklahoma   State Department   of Health  revoke  licenses issued
       between when  the Act became  law and when  it took effect if the licensee does
       not meet the new residency requirement?

                                           I.
                                     BACKGROUND

In June of 2018, by voter initiative. State Question 788 ('SQ 788) established a medical marijuana
program  in Oklahoma. The  following year, the Legislature passed several laws amending or
clarifying the parameters of the program, including eligibility criteria for medical marijuana
business licenses. Your question focuses on two provisions of these laws: (1) the new durational
residency requirement for business license applicants and (2) the requirement's associated
grandfather clause.




        The request included two other questions that are not addressed herein regarding the licensing status of
medical marijuana dispensaries located within 1,000 feet of a preschool entrance. Those questions were answered in
Attorney General Opinion 2019-6.


             313 N.E. 21sT STREE * OKLAHOMA CITY, OK 73105 (405) 521-3921 - FAx: (405) 521-6246

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