The Oklahoma Medical Marijuana Authority (OMMA) conducts background checks on anyone who applies for a commercial license. If you’re applying for a grow, processing, or dispensary license, you’ll have to follow their strict eligibility standards. Failing the background check can be a big hurdle if your application is denied. So what could disqualify you from getting a marijuana license?
The experienced attorneys at Brune Law Firm help you understand what to know when applying for a marijuana license in Oklahoma. We can help you navigate the complex and ever-changing laws in this area to stay compliant.
Why OMMA Requires Background Checks
Oklahoma’s cannabis laws were designed to prevent criminal enterprises from entering the industry and to ensure that licensed businesses operate safely and transparently. Background checks help OMMA:
- Verify the identity of all owners and applicants
- Look for any criminal convictions that could disqualify you
- Check up on state residency requirements
- Prevent illegal activity
- Stop fraud
- Maintain public trust in the regulated cannabis market
Every individual with ownership interest must undergo a background check before OMMA will issue or renew a license.
The 10-Year Felony Rule: The Most Common Disqualifier
The primary factor OMMA evaluates is whether an applicant has a non-violent felony conviction within the last 10 years. Under Oklahoma law, you cannot receive a commercial marijuana license if:
- You have been convicted of a non-violent felony within the past 10 years, or
- You have been convicted of a violent felony at any time, regardless of how long ago it occurred
This rule applies to all owners, officers, and individuals with controlling interest in the business.
What Counts as a Non-Violent Felony?
Non-violent felonies could include:
- Drug possession or distribution offenses
- Fraud, forgery, or financial crimes
- Property crimes
- Certain regulatory or licensing violations
If that crime happened over 10 years ago, and you are done with all of your sentencing requirements, you are usually not disqualified.
Violent Felonies Are a Permanent Disqualification
Non-violent felonies have a time limit, but violent felonies disqualify you forever. OMMA will deny your application if you have a violent felony anywhere in your record.
Violent felonies typically include:
- Assault and battery with a dangerous weapon
- Robbery
- Kidnapping
- Homicide-related offenses
- Domestic violence involving serious bodily injury
- Any crime classified as “violent” under Oklahoma law
Do Misdemeanors Disqualify Me for a Marijuana License in Oklahoma?
Most misdemeanors do not disqualify you from obtaining an OMMA license. However, OMMA might still consider:
- Repeated drug-related misdemeanors
- Fraud-related offenses
- Misdemeanors involving dishonesty
- Any related to financial misconduct
These won’t trigger an automatic denial, but OMMA could still reject your application after looking at the facts of your situation.
Background Check Requirements for Out-of-State Owners
If an applicant or owner lives outside Oklahoma, OMMA still requires a complete background check. Out-of-state applicants must provide:
- A state-issued background check from their home state
- A federal background check if required
- Proof of identity and residency
If the applicant has lived in multiple states within the past few years, OMMA may require background checks from each state.
How OMMA Conducts Background Checks
OMMA uses state and national databases to verify criminal history. Applicants must submit:
- A valid government-issued ID
- A completed background check request
- Any required fingerprints
- Documentation of past convictions, if applicable
Can You Appeal a Denial?
If OMMA denies your license due to a background check issue, you may be able to:
- Submit additional documentation
- Clarify errors in your criminal record
- Provide proof of expungement
- Request reconsideration if OMMA misapplied the law
However, if the denial is based on a violent felony or a non-violent felony within the 10-year window, OMMA has little discretion to override the statutory requirements.
Let an Oklahoma Medical Marijuana Lawyer Help You With the Application Process
Whether you’re getting ready to start the application process, or need help with a denied license, we are here for you. We help marijuana license holders or those seeking one from start to finish. Our team is extremely knowledgeable and can help you follow the law and reap the benefits of a marijuana license for your business.
Let the experienced lawyers at Brune Law Firm assist you with your cannabis-related legal needs. Contact us today for a consultation.