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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
HOUSE BILL 1960 By: Fetgatter
AS INTRODUCED
An Act relating to medical marijuana; amending
Section 2, State Question No. 788, Initiative
Petition No. 412 (63 O.S. Supp. 2020, Sec tion 421),
which relates to dispensary licensing requirements;
updating name of state agency; clarifying dispensary
licensing requirements and penalties; authorizing
dispensaries to deliver to certain private
residences; providing distance restrictions when
delivering medical marijuana products; providing an
exception; directing dispensaries to verify the
identity of patients and caregivers ; requiring
patients and caregivers to provide certain
identifying information; amending Section 16, Chapter
11, O.S.L. 2019 (63 O.S. Supp. 2020, Section 427.16),
which relates to the Oklahoma Medical Marijuana and
Patient Protection Act; updating statutory references
and name of act; authorizing licensed transporters to
deliver marijuana products to licensed patients and
licensed caregivers; prohibiting repeat deliveries to
same patient, caregiver or location within certain
time period; providing for the promulgation of rules;
stating restrictions on deliveries made to patients
and caregivers to private residences; providing
distance restrictions when delivering medical
marijuana products; providing an exception; directing
transport agents to inspect and verify identity of
licensed patients and licensed caregivers prior to
transferring marijuana products; requiring inclusion
of patients and caregivers on certain inventory
manifest document; defining term; and providing an
effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, State Question No . 788,
Initiative Petition No. 412 ( 63 O.S. Supp. 2020, Section 421), is
amended to read as follows:
Section 421. A. The Oklahoma State Department of Health shall ,
within thirty (30) days of passage of this initiative, make
available, on their its website, in an easy-to-find location, an
application for a medical marijuana dispensary license. The
application fee shall be Two Thousand Five Hundred Dollars
($2,500.00) and a. A method of payment will shall be provided on
the website of the Department. Retail Dispensary applicants must
all be residents of the State of Oklahoma state residents. Any
entity applying for a retail medical marijuana dispensary license
must be owned by an a resident of the State of Oklahoma state
resident and must be registered t o do business in Oklahoma. The
Oklahoma State Department of Health shall have two (2) weeks to
review the application, approve or, reject or deny the application,
and mail the approval/rejection approval, rejection or denial letter
(if rejected, stating any reasons for rejection ) or denial to the
applicant.
B. The Oklahoma State Department of Health must shall approve
all applications which meet the following criteria:
1. Applicant The applicant must be age twenty-five (25) years
of age or older;
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2. Any The applicant, if applying as an individual, must show
residency in the State of Oklahoma;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity may show ownership of non -Oklahoma
residents, but that percentage ownership may not exceed twenty -five
percent (25%);
5. All applying individuals or entities must be registered to
conduct business in the State of Oklahoma; and
6. All applicants must disclose all ownership ;.
7. Applicant(s) Applicants with only a nonviolent felony
conviction(s) conviction in the last two (2) years, any other felony
conviction in the last five 5 (years) (5) years, inmates in the
custody of the Department of Corrections , or any person currently
incarcerated may shall not qualify for a medical marijuana
dispensary license.
C. Retailers will Dispensaries shall be required to complete a
monthly sales report to the Oklahoma State Department of Health.
This report will shall be due on the 15th fifteenth of each month
and provide reporting on the previous month. This report will shall
detail the weight of marijuana purchased at wholesale and the weight
of marijuana sold to card holders , and account for any waste. The
report will shall show total sales in dollars , tax collected in
dollars, and tax due in dollars. The Oklahoma State Department of
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Health will shall have oversight and auditing responsibilities to
ensure that all marijuana being grown is accounted for. A retailer
will dispensary shall only be subject to a penalty if a gross
discrepancy exists and cannot be explained. Penalties for
fraudulent reporting occurring within any 2 year two-year time
period will shall be an initial fine of Five Thousand Dollars
($5,000.00) (first) for the first occurrence of fraudulent reporting
and revocation of licensing (second) the medical marijuana
dispensary license for a second occurrence of fraudulent reporting .
D. Only a licensed medical marijuana retailer dispensary may
conduct retail sales of marijuana, or marij uana derivatives in the
form provided by licensed processors, and these products can shall
only be sold to a licensed medical marijuana license holder patients
or their caregiver licensed medical marijuana caregivers . Penalties
for fraudulent sales occurr ing within any 2 year two-year time
period will shall be an initial fine of Five Thousand Dollars
($5,000.00) (first) for the first occurrence of fraudulent sales and
revocation of licensing (second) the medical marijuana dispensary
license for a second oc currence of fraudulent sales .
E. Beginning on a date determined by the State Commissioner of
Health, but no later than one hundred eighty (180) days after the
effective date of this act, a licensed medical marijuana dispensary
may deliver medical marijuan a, medical marijuana concentrate or
medical marijuana products to the private residence of a licensed
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medical marijuana patient, the parent or legal guardian of a
licensed medical marijuana patient, or a licensed medical marijuana
caregiver. Delivery shall only be permitted if the private
residence is located within a ten -mile radius of the dispensary. If
no dispensary is located within a ten -mile radius of the private
residence, a dispensary outside of the ten -mile radius may deliver
to the private resid ence if the dispensary is located in the same
county as the private residence. When contacted by a licensed
medical marijuana patient or licensed caregiver for the purchase and
delivery of medical marijuana, medical marijuana concentrate or
medical marijuana products, the dispensary shall verify that the
patient or caregiver is qualified to purchase and receive a delivery
of medical marijuana, medical marijuana concentrate and medical
marijuana products. The information to be provided by a patient or
caregiver shall, at a minimum, include the following:
1. The name and date of birth of the patient or caregiver;
2. The ten- to twenty-four-character identification number
assigned to the medical marijuana patient or caregiver license;
3. If the patient is under eighteen (18) years of age, the name
and date of birth of the parent or legal guardian of the patient;
4. The address of the residence where the order will be
delivered; and
5. Any other information required by the State Department of
Health.
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SECTION 2. AMENDATORY Section 16, Chapter 11, O.S.L.
2019 (63 O.S. Supp. 2020, Section 427.16), is amended to read as
follows:
Section 427.16 A. There is hereby created a medical marijuana
transporter license as a category of the medic al marijuana business
license.
B. Pursuant to Section 424 of Title 63 of the Oklahoma Statutes
this title, the Oklahoma Medical Marijuana Authority shall issue a
medical marijuana transporter license to licensed medical marijuana
commercial growers, proce ssors and dispensaries upon issuance of
such licenses and upon each renewal.
C. A medical marijuana transporter license may also be issued
to qualifying applicants who are registered with the Oklahoma
Secretary of State and otherwise meet the requirements for a medical
marijuana business license set forth in this act the Oklahoma
Medical Marijuana and Patient Protection Act and the requirements
set forth in this section to provide logistics, distribution and
storage of medical marijuana, medical marijuana concentrate and
medical marijuana products.
D. A medical marijuana transporter license shall be valid for
one (1) year and shall not be transferred with a change of
ownership. A licensed medical marijuana transporter shall be
responsible for all medical marijuana, concentrate and products once
the transporter takes control of the product products.
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E. A transporter license shall be required for any person or
entity to transport or transfer medical marijuana, concentrate or
product products from a:
1. A licensed medical marijuana business to another licensed
medical marijuana business , or from a;
2. A licensed medical marijuana business to a medical marijuana
research facility or medical marijuana education facility ; or
3. A licensed medical marijuana dispensary to a patient or a
caregiver who placed the order and who:
a. has a valid medical marijuana patient license, is the
parent or legal guardian of a patient with a valid
medical marijuana patient license or has a valid
medical marijuana caregiver lice nse, and
b. possesses a current identification card issued by the
State of Oklahoma.
F. 1. A medical marijuana transporter licensee may contract
with multiple licensed medical marijuana businesses.
2. Beginning on a date determined by the State Commissi oner of
Health, but no later than one hundred eighty (180) days after the
effective date of this act, a medical marijuana transporter licensee
may deliver medical marijuana, medical marijuana concentrate and
medical marijuana products to a licensed patient , the parent or
legal guardian of a licensed patient or a licensed caregiver. A
medical marijuana transporter shall be prohibited from delivering
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medical marijuana, medical marijuana concentrate or medical
marijuana products more than once per day to the same patient,
parent or legal guardian of the patient, caregiver or private
residence. The State Commissioner of Health shall adopt rules
governing delivery of medical marijuana. Such rules shall, at a
minimum, limit the amount of medical marijuana , medical marijuana
concentrate and medical marijuana products a delivery vehicle may
transport and deliver to a licensed patient or licensed caregiver.
3. When delivering medical marijuana, medical marijuana
concentrate or medical marijuana products to a licensed patient,
parent or legal guardian of a licensed patient or a licensed
caregiver, the medical marijuana transporter shall deliver such
products only to the private residence of the patient, parent or
legal guardian of the patient, or caregiver. A medical marijuana
transporter shall deliver medical marijuana, medical marijuana
concentrate or medical marijuana products only to a private
residence located within a ten -mile radius of the dispensary from
which the medical marijuana, medical marijuana concentrate or
medical marijuana products were purchased. If no dispensary is
located within a ten -mile radius of the private residence, the
transporter may deliver from a dispensary outside of the ten-mile
radius to the private residence if the dispensary is located in the
same county as the private residence .
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G. A medical marijuana transporter may maintain a licensed
premises to temporarily store medical marijuana, concentrate and
products and to use as a centralized distribution point. A medical
marijuana transporter may store and distribute medical marijuana,
concentrate and products from the licensed premises. The licensed
premises shall meet all security requirements applicable to a
medical marijuana business.
H. A medical marijuana transporter licensee shall use the seed-
to-sale tracking system developed pursuant to this act the Oklahoma
Medical Marijuana and Patient Protection Act to create shipping
manifests documenting the transport of medical marijuana,
concentrate and products throughout the state.
I. A licensed medical marijuana transporter may maintain and
operate one or more warehouses in the state to handle medical
marijuana, concentrate and products.
J. All medical marijuana, concentrate and product shall be
transported:
1. In vehicles equipp ed with Global Positioning System (GPS)
trackers;
2. In a locked container and clearly labeled "Medical Marijuana
or Derivative"; and
3. In a secured area of the vehicle that is not accessible by
the driver during transit.
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K. 1. A transporter agent may possess marijuana at any
location while the transporter agent is transferring marijuana to or
from a licensed medical marijuana business, licensed medical
marijuana research facility or, licensed medical marijuana education
facility, licensed medical mari juana patient or licensed medical
marijuana caregiver.
2. Prior to transferring possession of the medical marijuana,
medical marijuana concentrate or medical marijuana products to a
licensed patient, a parent or legal guardian of a licensed patient
or a licensed caregiver, the transporter agent shall inspect the
state-issued identification card of the patient, parent or legal
guardian of the patient or caregiver, and the medical marijuana
license of the patient or caregiver issued pursuant to Section 420
of this title. The transporter agent shall verify that the
information provided at the time of the order matches the name and
age on the state-issued identification card of the patient, parent
or legal guardian of the patient or caregiver .
The Department shall administer and enforce the provisions of
this section concerning transportation.
L. The Authority shall issue a transporter agent license to
individual agents, employees, officers or owners of a transporter
license in order for the individual to qual ify to transport medical
marijuana, medical marijuana concentrate or medical marijuana
product.
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M. The annual fee for a transporter agent license shall be One
Hundred Dollars ($100.00) and shall be paid by the transporter
license holder or the individual applicant.
N. The Authority shall issue each transporter agent a registry
identification card within thirty (30) days of receipt of:
1. The name, address and date of birth of the person;
2. Proof of residency as required for a medical marijuana
business license;
3. Proof of identity as required for a medical marijuana
business license;
4. Possession of a valid Oklahoma driver license;
5. Verification of employment with a licensed transporter;
6. The application and affiliated fee; and
7. A criminal background check conducted by the Oklahoma State
Bureau of Investigation, paid for by the applicant.
O. If the transporter agent application is denied, the
Department shall notify the transporter in writing of the reason for
denying the registry identific ation card.
P. A registry identification card for a transporter shall
expire one (1) year after the date of issuance or upon notification
from the holder of the transporter license that the transporter
agent ceases to work as a transporter.
Q. The Department may revoke the registry identification card
of a transporter agent who knowingly violates any provision of this
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section, and the transporter is subject to any other penalties
established by law for the violation.
R. The Department may revoke or suspe nd the transporter license
of a transporter that the Department determines knowingly aided or
facilitated a violation of any provision of this section, and the
licenseholder is subject to any other penalties established in law
for the violation.
S. Vehicles used in the transport of medical marijuana , medical
marijuana concentrate or medical marijuana product shall be:
1. Insured at or above the legal requirements in Oklahoma;
2. Capable of securing medical marijuana , medical marijuana
concentrate or medical marijuana product during transport; and
3. In possession of a shipping container as defined in this act
the Oklahoma Medical Marijuana and Patient Protection Act capable of
securing all transported product.
T. Prior to the transport of any medical ma rijuana, medical
marijuana concentrate or products medical marijuana product, an
inventory manifest shall be prepared at the origination point of the
medical marijuana, medical marijuana concentrate or medical
marijuana product. The inventory manifest sha ll include the
following information:
1. For the origination point of the medical marijuana , medical
marijuana concentrate or medical marijuana products :
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a. the licensee number for the commercial grower,
processor or dispensary,
b. address of origination of transport, and
c. name and contact information for the originating
licensee;
2. For the end recipient license holder of the medical
marijuana, medical marijuana concentrate or medical marijuana
product:
a. the license number for the patient, caregiver,
dispensary, commercial grower, processor, research
facility or education facility destination,
b. address of the destination, and
c. name and contact information for the destination
licensee;
3. Quantities by weight or unit of each type of medical
marijuana, medical marijuana concentrate or medical marijuana
product contained in transport;
4. The date of the transport and the approximate time of
departure;
5. The arrival date and estimated time of arrival;
6. Printed names and signatures of the personn el accompanying
the transport; and
7. Notation of the transporting licensee.
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U. 1. A separate inventory manifest shall be prepared for each
licensee receiving the medical marijuana , medical marijuana
concentrate or medical marijuana product .
2. The transporter agent shall provide the other medical
marijuana business with a copy of the inventory manifest at the time
the product changes hands and after the other licensee prints his or
her name and signs the inventory manifest.
3. An inventory manifest sh all not be altered after departing
the originating premises other than in cases where the printed name
and signature of receipt by the receiving licensee is necessary.
4. A receiving licensee shall refuse to accept any medical
marijuana, medical marijuana concentrate or medical marijuana
product that is not accompanied by an inventory manifest.
5. Originating and receiving licensees shall maintain copies of
inventory manifests and logs of quantities of medical marijuana ,
medical marijuana concentrate or m edical marijuana product received
for three (3) years from date of receipt.
V. As used in this section, "private residence" means the
private premises where a person lives, such as a private dwelling
place or place of habitation, and specifically excludes any premises
located at a public or private school or on the campus of an
institution of higher education.
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SECTION 3. This act shall become effective November 1, 2021.
58-1-5042 GRS 11/18/20