An OMMA inspection can identify potential violations ranging from relatively minor compliance deficiencies to issues that may result in administrative enforcement. What a licensee does during and immediately after an inspection can therefore be important.
Licensees should pay close attention to what the inspector identifies during the inspection, carefully review the final inspection report, promptly address conditions that can be corrected, and maintain documentation showing what was done in response.
Oklahoma's rules also provide a process for certain “correctable violations.” However, determining whether a particular inspection finding qualifies for that process is not always straightforward.
Before the Inspection: Use the Notice as an Opportunity to Prepare
When a licensee receives advance notice of a scheduled OMMA inspection, the time before the inspection should be used to prepare.
OMMA publishes its inspection forms for growers, processors, and dispensaries on its website. These forms provide licensees with a useful roadmap of the areas an inspector may review during a compliance inspection. Before the scheduled inspection, the licensee should review the inspection form applicable to its license type and conduct its own internal compliance review.
The licensee should confirm that required licenses and other documents are properly posted, required records are readily available, inventory and Metrc records are current and accurate, marijuana and marijuana products are properly tagged and stored, and applicable security and operational requirements are being followed. Any deficiencies discovered during that review should be addressed promptly rather than waiting for the inspector to identify them.
The licensee should have a plan for documenting the inspection itself. Identify who will accompany the inspector, take contemporaneous notes regarding areas inspected and documents requested, and record any potential violations or corrective measures discussed by the inspector.
The goal of pre-inspection preparation is not simply to “pass” the inspection. It is to identify compliance issues before they become inspection findings and to ensure that, when the inspector arrives, the licensee can accurately demonstrate its compliance.
Pay Attention to What Happens During the Inspection
An inspection report begins with the inspection itself.
During an inspection, the licensee should keep track of what areas the OMMA inspectors review, what records or documents are requested, what questions are asked, and, importantly, whether the inspectors identify any potential compliance concerns.
If an inspector tells the licensee that something needs to be corrected, the licensee should document what was said while the information is still fresh. That may include identifying the particular condition discussed, the employees present for the conversation, any explanation provided to the inspector, and any corrective action suggested or discussed.
At the same time, licensees should avoid treating an inspector's comments during the inspection as the final determination of compliance. A potential issue identified onsite may ultimately be characterized differently in the completed inspection report.
Download and Review the Final Inspection Report
OMMA changed its inspection-report process in 2026. According to OMMA, within five business days after completion of a scheduled inspection, commercial licensees, other than testing laboratories, receive an automated email notification that the Compliance Inspection Report is available through the OMMA Business Portal.
Importantly, OMMA specifically advises that violations or findings contained in a preliminary report at the time of inspection are subject to change upon final review.
The final Compliance Inspection Report identifies individual assessment items as “Potential Violation Observed,” “No Potential Violation Observed,” or “Not Applicable,” and includes the inspector's comments regarding the particular assessment item.
Once the report becomes available, the licensee should download and preserve a copy.
For each potential violation, the licensee should compare what the inspector said during the inspection with what ultimately appears in the written report. The licensee should also identify the statute or rule underlying the finding and determine exactly what that provision requires.
A statement in an inspection report should not be analyzed in isolation from the law or rule on which the finding is based.
Oklahoma's Rules Recognize “Correctable Violations”
Not every violation identified during an OMMA inspection is necessarily treated the same way.
Under OAC 442:10-5-4(k), certain violations identified during an inspection may be deemed correctable by OMMA and identified as such in a written notice of violations. Except where otherwise provided by Oklahoma law or OMMA's rules, those violations must be corrected within thirty (30) days after receipt of the written notice.
If the licensee fails to correct the violation within that period, OMMA may assess the applicable fine under Appendix C and pursue other administrative action authorized by law.
The rules separately address violations that cannot be corrected. Under OAC 442:10-5-4(j), OMMA may assess Appendix C fines and seek other authorized administrative penalties without first providing an opportunity to correct when the violation is not capable of being corrected.
This distinction can have significant consequences for a licensee following an inspection.
What Is a “Correctable Violation”?
This is where the rules become less clear.
The inspection rule establishes a process for violations OMMA determines are correctable, but it does not provide a comprehensive list identifying every violation that will—or will not—receive that treatment.
Some inspection findings involve a physical or operational condition that can readily be changed. Other violations concern conduct that has already occurred and cannot literally be undone.
Even then, however, there can be an important distinction between the historical violation and the condition or practice that caused it. A past event may be impossible to reverse, while the licensee may still be able to correct the underlying procedure, physical condition, employee practice, or compliance system to prevent the issue from continuing.
Licensees therefore should not assume that every item labeled “Potential Violation Observed” necessarily means the same thing from an enforcement perspective. The language of the inspection report, the underlying rule, the nature of the alleged violation, and any subsequent written notice from OMMA should all be carefully reviewed.
Correct Problems That Can Be Corrected
Regardless of how OMMA may ultimately characterize a potential violation, a licensee generally should not leave an identified compliance problem unaddressed while waiting to see what happens next.
If a physical condition can be repaired, repair it. If an SOP needs to be revised, revise it. If employees require additional training, document the training. If a compliance procedure is deficient, establish a process designed to prevent the same problem from recurring.
Prompt remediation can be important for another reason: OMMA's rules expressly authorize the agency to conduct additional inspections “to ensure correction of or investigate violations” of applicable Oklahoma law and OMMA rules. OAC 442:10-5-4(e).
The goal should not simply be to make the facility appear compliant for the next inspection. The licensee should identify why the problem occurred and implement a correction that can be maintained going forward.
Document the Correction
Correcting a potential violation is only part of the process. The licensee should also be able to prove when and how it was corrected.
The appropriate documentation will depend on the issue. It may include dated photographs, invoices or receipts, updated SOPs, employee training records, screenshots, inventory records, Metrc documentation, security-system records, correspondence with vendors, or other records demonstrating the corrective action.
For each significant finding, the licensee should be able to establish:
What condition or conduct did OMMA identify?
When did the licensee become aware of it?
What action did the licensee take in response?
When was the corrective action completed?
What documentation demonstrates the correction?
What was done to prevent the issue from recurring?
Maintaining this information contemporaneously is generally much easier than attempting to reconstruct it months later after an administrative action has been filed.
Consider Providing OMMA Written Documentation of the Correction
When a licensee corrects an issue identified during an inspection, there may be value in documenting that correction to OMMA in writing rather than simply making the change and assuming the matter is resolved.
For example, a written response may identify the inspection date and finding, explain the corrective action taken, identify when the correction was completed, and attach supporting photographs or documentation.
There is an important legal distinction, however, between remediating a condition and admitting that a violation occurred.
A licensee may disagree with an inspector's factual finding, interpretation of a rule, or characterization of a particular condition while nevertheless taking steps to address the agency's concern. Written communications to OMMA should therefore be drafted carefully when the underlying violation is disputed.
A response can document remediation without unnecessarily conceding that OMMA's legal characterization of the underlying conduct is correct.
Licensees should consider consulting with legal counsel before submitting a written response to OMMA, particularly when disputing a potential violation or when the communication could affect future administrative enforcement.
Do Not Assume the Inspector's Statements Resolve the Issue
Another practical concern arises when an inspector's comments during the inspection differ from the final report.
OMMA expressly advises licensees that preliminary findings are subject to change during final review. The inspectors may identify one concern onsite, the final report may describe it differently, or the final report may identify a potential violation that was not discussed with the licensee during the inspection.
For that reason, the licensee's post-inspection review should focus on the final written report, not solely on what employees remember being told during the inspection.
That does not mean the onsite conversation is irrelevant. To the contrary, contemporaneous notes regarding what the inspectors observed and said may become important if there is later a disagreement concerning the circumstances of the inspection.
A “Potential Violation Observed” Should Be Taken Seriously
OMMA's terminology is worth noting. Its current Compliance Inspection Reports identify findings as “Potential Violation Observed,” rather than necessarily making the inspection report itself the final adjudication of a violation.
Nevertheless, a licensee should not ignore a potential violation simply because no administrative case has been filed.
An inspection finding may lead to additional inspections, a written notice of violations, monetary penalties under Appendix C, or other administrative action depending upon the nature of the alleged violation and the applicable law.
OMMA's inspection rules also permit the agency to refer suspected criminal activity or other violations of Oklahoma law to appropriate state or local law-enforcement or regulatory authorities. OAC 442:10-5-4(f)-(g).
The appropriate response to a potential violation therefore depends substantially on what OMMA has identified.
Bottom Line: Prepare, Preserve, Review, Correct, and Document
Preparing for an OMMA inspection should begin before the inspector arrives and continue after the inspection is complete. Licensees should use advance notice of a scheduled inspection as an opportunity to review their operations, identify potential compliance issues, and ensure that relevant records and personnel are prepared.
After the inspection, licensees should promptly obtain and preserve the final inspection report, compare the written findings with what occurred during the inspection, and review the statutes and rules underlying each potential violation. If an issue can be corrected, the licensee should act promptly and maintain clear documentation showing what was corrected, when it was corrected, and what steps were taken to prevent the issue from recurring.
Licensees should also remember that Oklahoma's rules distinguish between violations OMMA determines are correctable and those that are not capable of being corrected. Although the rules provide a thirty-day correction process for violations OMMA identifies as correctable, they do not provide a comprehensive list establishing how every potential violation will be classified.
When appropriate, corrective action should be communicated to OMMA in writing. However, particularly when a finding is disputed or could result in administrative enforcement, licensees should consider consulting legal counsel before responding to OMMA. Correcting an issue does not necessarily require admitting that a violation occurred.
Ultimately, the best approach is straightforward: prepare, preserve, review, correct, and document. Taking an inspection seriously from the outset can help address compliance issues promptly while preserving the licensee's factual and legal position if a potential violation later results in enforcement action.
