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Cannabidiol (CBD) & Medical Marijuana Food Products
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.
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.
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:
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.
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.
Taking into account the OMMA regulations, common food licenses for these establishments would likely be:
Licenses may not be transferred from one owner to another or from one physical address to another. In the event of an ownership change:
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