The Oklahoma Medical Marijuana Authority (OMMA) is authorized to oversee and carry out the state’s medicinal marijuana program. Along with that, the OMMA oversees compliance with state laws and regulations by all cannabis-related businesses. If there are any allegations of wrongdoing or mishandling of products, then the OMMA has the authority to close your cannabis-based business.
In extreme cases, the OMMA can issue an emergency order for you to cease operations. Find out how this can happen and what you can do if you receive a notice from the OMMA.
What Is an Emergency Order of Summary Suspension in Oklahoma?
OMMA can suspend your license without prior notice or a hearing if your operation endangers public health, safety, or welfare. That is known as an emergency order of summary suspension.
How does this happen?
When the OMMA receives a complaint or allegation that your business or products may pose an immediate danger to the public or you have engaged in serious misconduct, they can take swift action to investigate and gather evidence.
If the evidence proves an imminent risk to public safety, the agency may issue an emergency order of summary suspension. They temporarily suspended your license before you can attend a hearing. The primary goal of this order is to protect the public from harm while ensuring due process for the professionals involved.
If you have received an emergency order of summary suspension, there are steps to take to protect your business and license.
Why Your License Might Face Suspension
The OMMA uses emergency suspension orders to enforce Oklahoma’s medical marijuana laws and regulations. Mislabeling products, improper water disposal, and poor storage are all reasons for the OMMA to send out these notices. No matter the circumstances, cannabis businesses need to adhere to Oklahoma’s laws and regulations.
If you have received an emergency order of summary suspension in Oklahoma, it is important to seek legal counsel. This is one notice that you should never ignore. The OMMA believes your business and products pose a safety threat to consumers. By refusing to cooperate or adhere to the order, you could permanently lose your license and face serious legal consequences.
What Happens After Receiving a Notice?
While this notice may seem like a final decision has been made, this notice is a temporary measure. After the OMMA has issued the summary suspension, they have 24 hours to notify you in writing of the violations. Within 10 days, The OMMA will hold a hearing to discuss the matter at hand.
During this time, the OMMA will investigate the violations and investigate your conduct. The purpose of the hearing is to determine whether your license will be reinstated or permanently revoked.
Throughout the process, your business is prohibited from engaging in any form of operation. You must account for all marijuana products or marijuana-related items and have them securely stored.
If you receive an emergency suspension order, seek legal representation immediately. When the hearing takes place, you can present evidence and arguments in your defense. Any type of tangible evidence, such as records, logs, or other documents, can help prove you were not involved in any wrongdoing. .
For this reason, it is always important to keep clear documentation of your business, products, and services. Otherwise, you could be accused of wrongdoing without evidence to support your claims. It is up to you to show your business abided by all regulations and laws in the state.
Let Us Assist with an Emergency Order of Summary Suspension in Oklahoma
Protecting your business should be your top priority. Whether you are facing a loss of your license or have questions about the regulations in Oklahoma, reach out to Brune Law Firm. Contact us or call (918) 372-3021 to schedule a consultation.