Health OklaX logo <{$map[0].NAME}>

Contact  |  A-Z Health Index  |  Events & Meetings

get adobe reader

Cannabidiol (CBD) & Medical Marijuana Food Products

How do I …? Learn More About …

 

 

 

 

 

 

 

Background

Cannabidiol (CBD) is a cannabinoid constituent of the cannabis plant, a genus that contains a disputed number of species.

CBD with less than 0.3% of the tetrahydrocannabidiol (THC) has not been considered “marijuana” under Oklahoma law since 63 OS 2-101 was amended on April 30, 2015, upon Governor Fallin’s signing House Bill 2154. That amendment specifies that cannabidiol from the seeds of the Cannabis sativa L. plant is exempt from the definition of marijuana if it has less than 0.3% THC.

 

Background of Medical Marijuana

For the history of medical marijuana in Oklahoma, you may visit the Oklahoma Medical Marijuana Authority (OMMA) website.

Specific to food, after legal review and meetings with the Food Safety Standards Advisory Board for OMMA, it was determined in early 2019 any establishment selling or manufacturing edible marijuana products was subject to Title 63 § O.S. 1-1118 and as such is required to obtain food licensure.

 

Common CBD & Medical Marijuana Food Types/Products

The most common product is a tincture or concentrate placed in the mouth or mixed in a food. These products may processed by using a coconut oil as the base and a flavor additive.  CBD or medical marijuana in itself is not an oil rather it is a powder mixed in this food product.

Common types of edible products observed but not limited to include:

  • Tinctures or concentrates placed in the mouth or food
  • Infused water
  • Candies
  • Cookies and baked items
  • Infused honey

As mentioned, these ingredients may be included in food.  Specific to CBD, licensed food establishments may be adding it as an ingredient directly to meals or snacks and served to the consumer.  

 

License Requirements

Retail or OMMA Licensed Dispensary

When included in foodstuffs or ingested orally, CBD is recognized as a “processed edible substance . . . used or intended for use or for sale . . . for human consumption, “ (OAC 310:257-1-2) and any business providing CBD or products containing CBD to the public as a major component of their business operation is a “Food Establishment” and is therefore subject to the licensing and inspection requirements of Title 63 O.S. § 1-1118 and OAC 310:257

  1. A plan review application is required first for new businesses, along with a plan review fee of $425.
  2. All retail plan review applications must be sent to the county where the establishment is located.
  3. Once approved, the county will issue a license application which must be submitted with the initial license fee ($425) to the State Department of Health for processing.
  4. The license must be renewed annually ($335/year).

 

Manufacturing / Warehousing or OMMA Licensed Processor

Businesses extracting CBD or processing/warehousing food items containing CBD are subject to the licensing and inspection requirements of Title 63 O.S. § 1-1119 and OAC 310:260

  1. A plan review application is required first for new businesses, along with a plan review fee of $425.
  2. All manufacturing/warehousing plan review applications must be sent to the State Department of Health.
  3. Once approved, the state will issue a license application which must be submitted with the initial license fee ($425) to the State Department of Health for processing.
  4. The license must be renewed annually ($335/year). 

 

OMMA License Specifics

Taking into account the OMMA regulations, common food licenses for these establishments would likely be:

  • Food – Retail License: specific to the sale of pre-packaged food products only
  • Food – Combo License: where a licensed establishment may prepare and sell general food to the public for consumption, the medical marijuana food edibles must all be pre-packaged. OMMA regulations prevent the consumption of alcohol onsite at any location that also sells medical marijuana.
  • Before starting any other type of food business with medical marijuana it is strongly advised to discuss anticipated operations to ensure they will meet OMMA and Food regulations.

 

Transfer Ownership/License

Licenses may not be transferred from one owner to another or from one physical address to another.  In the event of an ownership change:

 

 

Location and Contact Information

Mailing Address:
Consumer Health Service
PO Box 268815                  
Oklahoma City, OK 73126 

Physical Location:
Oklahoma State Department of Health
Consumer Health Service
1000 N.E. 10th Street
Oklahoma City, OK 73117

Contact Information:
Phone: (405) 271-5243
Fax:     (405) 271-5286
Email:  
CHSLicensing@health.ok.gov

 

Creating a State of Health Logo PHB seal Oklahoma Works Logo Oklahoma Supports Logo