What to Expect During an Oklahoma Bureau of Narcotics (OBN) Inspection

Written By Anna Sanchez

If you operate a licensed medical marijuana facility in Oklahoma, it is critical to understand the scope of the Oklahoma Bureau of Narcotics’ (OBN) inspection authority and your rights during an inspection.

OBN has statutory and regulatory authority to inspect licensed facilities pursuant to the Oklahoma Administrative Code (OAC), including OAC 475:10-1-6 and 475:40-1-3. These inspections are administrative in nature, but OBN agents are law enforcement officers. That distinction matters.

OBN’s Authority to Inspect

Under OAC 475:10-1-6, OBN may inspect a licensed facility or cause it to be inspected by other state or local authorities.

Before entering the facility, OBN agents must:

  • Provide the purpose of their presence

  • Present their credentials

The inspection must be conducted at a reasonable time and in a reasonable manner. (OAC 475:40-1-3)

Importantly, the facility owner is not required to be present during the inspection.

What OBN May Inspect

OBN’s inspection authority is broad. During an inspection, agents may:

1. Inspect and Copy Business Records

(OAC 475:40-1-2(1))

This includes reviewing, copying, and verifying records such as:

  • Metrc documentation

  • OMMA patient records

  • Manifests

  • Certificates of Analysis (COAs)

  • Transportation records

  • Waste disposal records

  • Other required reports and documents

2. Inspect Employee and Contractor Records

(OAC 475:40-1-2(5))

OBN may review records containing the names, addresses, and phone numbers of employees, agents, contractors, and subcontractors.

3. Inspect Products and Equipment

(OAC 475:40-1-2(2))

Agents may examine:

  • Equipment

  • Finished and unfinished medical marijuana products

  • Ingredients

  • Containers and labels

  • All other materials located within the facility

4. Document Inventory

(OAC 475:40-1-2(3))

OBN may document all inventory on hand at the facility at the time of inspection.

5. Collect Samples

(OAC 475:40-1-2(4))

OBN may collect samples of medical marijuana products. However, they are required to provide a receipt for any samples taken.

Important Legal Considerations

While OBN agents have significant administrative inspection authority, they must comply with:

  • Their own administrative regulations

  • The Oklahoma Administrative Procedures Act

  • The Oklahoma Constitution

  • The United States Constitution

Because OBN agents are law enforcement officers, an inspection can escalate into a criminal investigation. The legal posture of the interaction can change quickly.

If you are being interviewed or interrogated by an OBN agent:

  • You have the right to remain silent.

  • You have the right to an attorney.

Anna Sanchez
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