The Oklahoma Bar Journal May 2025

MAY 2025 | 13 THE OKLAHOMA BAR JOURNAL remain competitive in an increasingly regulated market. By implementing these financial relief measures, Oklahoma can create a cannabis processing industry that is not only compliant but also economically sustainable, promoting and sustaining jobs, investments and long-term industry viability. Industry Collaboration and Legislative Action While legislative changes are essential, their success hinges on coordinated efforts between regulators, industry stakeholders and legal professionals. Regulatory agencies must work closely with the industry to ensure compliance measures are both enforceable and practical. Ongoing engagement through public comment periods, industry forums and legal advisory panels can help fine-tune regulations before implementation. The financial burden of compliance also necessitates a structured approach to enforcement. Overly aggressive penalties for minor infractions can discourage investment and drive smaller operators out of business. Regulators should focus on providing clear guidance, offering compliance assistance and implementing graduated penalty structures to ensure fair enforcement. Additionally, attorneys and compliance specialists must stay ahead of evolving regulations to effectively advise clients. Legal professionals play a critical role in bridging the gap between business operations and regulatory requirements by interpreting new laws, advocating for fair policies and helping businesses navigate compliance challenges. Even with state-level improvements, federal uncertainty remains a barrier to growth. Advocating for federal banking reform, such as the SAFE Banking Act, would help processors access financial services, improving stability and compliance. Additionally, policymakers should push for clear recall procedures to protect processors from liability due to inconsistent testing standards. CONCLUSION By addressing these challenges, Oklahoma can create a regulatory framework that not only ensures compliance but also fosters business growth and innovation. Policymakers and legal professionals have a crucial role to play in shaping the future of cannabis processing regulations. Attorneys can advocate for reform by participating in legislative discussions, contributing to policy proposals and ensuring their clients remain informed of evolving compliance requirements. Proactive engagement from the legal community is essential to establishing a fair and sustainable regulatory environment for the cannabis industry in Oklahoma. Policymakers, industry leaders and legal professionals must collaborate to push for meaningful reforms that balance public safety, economic sustainability and regulatory clarity, ensuring Oklahoma remains a leader in the evolving cannabis industry. ABOUT THE AUTHOR Rachel O. Klubeck is the managing attorney at Jarman Law, practicing cannabis, business, administrative and criminal defense law in Oklahoma City. In 2021, her article “Waste Not, Want Not” was published in the Oklahoma Bar Journal’s first cannabis law issue. She is admitted to practice in both state and federal courts. She received her J.D. in 2018 from the OU College of Law. ENDNOTES 1. Oklahoma Medical Marijuana Authority, “Licensing and Tax Data,” www.oklahoma.gov (Feb. 5, 2025), https://bit.ly/3ReXVAm (last visited Feb. 8, 2025). 2. Okla. Stat. tit. 63, §423(C)(1) (2023); Okla. Admin. Code §442:10-1-4 (2024). 3. Okla. Admin. Code §442:10-1-4 (2024). 4. Id. 5. Id. 6. OSHA Hazard Communication Standard: 29 C.F.R. §1910.1200 (2024). 7. National Fire Protection Association (NFPA) 70, National Electrical Code, art. 500 (2024). 8. Ice water hash (or bubble hash) is a solventless extraction method that uses ice-cold water and agitation to separate trichomes from cannabis plant material. The trichomes are then collected through a series of fine mesh bags to produce a purified concentrate. See Leafly, “Ice Water Hash Definition,” https://bit.ly/428oT2V (last visited Feb. 8, 2025). 9. Rosin pressing is a method of applying heat and pressure to cannabis plant material to extract cannabinoids and terpenes without solvents. See Cannabis Bus. Times, “Understanding Solventless Extraction Methods,” at 32 (February 2024). 10. Okla. Admin Code, supra note 3. 11. Okla. Admin Code, supra note 3, at 2. 12. Rosin is a solventless cannabis concentrate produced by applying heat and pressure to plant material – such as dried flowers, hash or kief – to extract a resinous sap. This method preserves cannabinoids and terpenes without chemical solvents, making it a preferred option for consumers seeking a clean, full-spectrum extract. See Lo Friesen, “The Evolution of Ethanol Extraction Methods in Cannabis,” 4 Cannabis Sci. & Tech. 13, 14 (2021), https://bit.ly/3EgbI6R (last visited Feb. 10, 2025). 13. Resin is a sticky, cannabinoid-rich secretion produced by the trichomes of the cannabis plant. It serves as the raw material for many cannabis extracts and can be processed into live resin (extracted from fresh-frozen flower) or cured resin (derived from dried flower). Resin contains a high concentration of cannabinoids and terpenes, making it a key component of many concentrates. See Aitor Sainz Martinez et al., “Extraction Techniques for Bioactive Compounds of Cannabis,” Nat. Prod. Rep. 2023. https://bit.ly/3XVPsWy (last visited Feb. 10, 2025). 14. Distillate is a highly refined cannabis extract produced through distillation, a process that isolates cannabinoids by separating them from other plant compounds based on boiling points. Distillate is often odorless and flavorless, making it a versatile ingredient for edibles, vape cartridges and infused products. However, because the process removes terpenes, some products reintroduce them for enhanced effects. See Lo Friesen, supra note at 12. 15. Hash is a traditional cannabis concentrate made by collecting and compressing trichomes, the resinous glands that contain cannabinoids and 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.

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