The Oklahoma Bar Journal May 2025

C annabis L aw

Navigating Compliance Challenges: Addressing Oklahoma’s Legislative Gaps in Cannabis Processing By Rachel O. Klubeck

O KLAHOMA’S LACK OF LEGISLATIVE CLARITY and regulatory definitions sur rounding cannabis processing has led to compliance challenges, inconsistent labeling and enforcement difficulties within the industry.

promote industry stability as well as consumer safety.

process. Because their role is dis tinct from traditional processing, their compliance obligations differ, focusing more on inventory track ing, transportation and quality assurance rather than extraction and solvent safety protocols. Cannabis processing refers to the transformation of raw cannabis flower into a variety of products, including oils, concentrates, edi bles and topicals. 2 The Oklahoma Medical Marijuana Authority (OMMA) defines processing as the distillation, extraction, manufac turing, preparation or production of a medical marijuana product. 3 However, this definition lacks spec ificity regarding the different meth ods and risk factors associated with various processing techniques. Under Oklahoma law, process ing is categorized as either hazard ous or nonhazardous, depending

INTRODUCTION Oklahoma’s cannabis industry has experienced unprecedented growth – and obstacles – since med ical marijuana was legalized in 2018. With just over 900 active Oklahoma medical marijuana processing licenses, 1 this evolving sector presents both opportunities and significant regulatory challenges. Unlike cultivators and dispensaries, processors operate in a uniquely complex space, necessitating clear guidelines on manufacturing, safety and compliance. However, Oklahoma’s regulatory framework fails to understand and define key industry terms, leading to inconsis tent enforcement, compliance confu sion and industry uncertainty. This article examines the gaps in Oklahoma’s cannabis process ing laws, clarifies licensing classi fications and proposes reforms to

DEFINING PROCESSING AND CLASSIFYING HAZARDOUS AND NONHAZARDOUS LICENSING The current licensing structure in Oklahoma allows for a broad defini tion of cannabis processors, leading to variations in compliance require ments. While some processors engage in the direct manufacturing of cannabis products – extracting, refining and infusing raw cannabis into oils, concentrates, edibles and topicals – other business models operate primarily as intermediaries. These processors act as distribu tors, facilitating and brokering the transfer of cannabis products from cultivators to dispensaries or other licensed businesses without engag ing in the actual manufacturing

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

MAY 2025 | 7

THE OKLAHOMA BAR JOURNAL