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3 | + | ENGR. S. A. TO ENGR. H. B. NO. 2272 Page 1 1 | |
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28 | + | ENGROSSED SENATE AMENDMENT | |
29 | + | TO | |
30 | + | ENGROSSED HOUSE | |
3 | 31 | BILL NO. 2272 By: West (Josh), Cornwell, | |
4 | 32 | McEntire, Sneed and Grego | |
5 | 33 | of the House | |
6 | 34 | ||
7 | 35 | and | |
8 | 36 | ||
9 | - | Murdock, Bergstrom, | |
10 | - | Bullard, Pederson and | |
11 | - | Rogers of the Senate | |
37 | + | Murdock of the Senate | |
12 | 38 | ||
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15 | 41 | ||
42 | + | An Act relating to medical marijuana; creating the | |
43 | + | Oklahoma Cap on Medical Marijuana Business es Act of | |
44 | + | 2021; directing the Oklahoma Medical Marijuana | |
45 | + | Authority to publicly announce caps on certain | |
46 | + | medical marijuana business licenses; providing | |
47 | + | procedures for determining amount of licenses; | |
48 | + | providing application requirements for active medical | |
49 | + | marijuana business licenses; providing for the | |
50 | + | reduction of medical marijuana dispensary, processor | |
51 | + | and commercial grower licenses; prohibiting renewal | |
52 | + | of licenses for inactivity; directing the Authority | |
53 | + | to promulgate certain rules and regulations for | |
54 | + | number-based lottery system; providing for | |
55 | + | codification; and declaring an emergency. | |
16 | 56 | ||
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18 | - | An Act relating to medical marijuana; amending | |
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60 | + | AUTHOR: Add the following Senate Coauthors: Bergstrom and Bullard | |
61 | + | ||
62 | + | AMENDMENT NO. 1. Page 1, strike the title, enacting clause and | |
63 | + | entire bill and insert | |
64 | + | ||
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66 | + | "An Act relating to medical marijuana; amending | |
19 | 67 | Section 15, Chapter 11, O.S.L. 2019 (63 O.S. Supp. | |
20 | 68 | 2020, Section 427.15), which relates to disclosing | |
21 | 69 | financial interests; requiring an attestation under | |
22 | - | penalty of perjury for foreign interests in medical | |
23 | - | marijuana businesses by certain date; amending | |
24 | - | Section 6, Chapter 11, O.S.L. 2019, a s amended by | |
25 | - | Section 7, Chapter 477, O.S.L. 2019 (63 O.S. Supp. | |
26 | - | 2020, Section 427.6), which relates to monitoring and | |
27 | - | disciplinary actions; updating statutory references; | |
28 | - | modifying language; providing for certain inspections | |
29 | - | within certain time; providing grace periods to gain | |
70 | + | penalty of perjury for foreign interests in marijuana | |
71 | + | businesses by certain date; amending Section 6, | |
72 | + | Chapter 11, O.S.L. 2019, as amended by Section 7, | |
73 | + | Chapter 477, O.S.L. 2019 (63 O.S. Supp. 2020, Section | |
74 | + | 427.6), which relates to monitoring and disciplinary | |
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76 | + | ENGR. S. A. TO ENGR. H. B. NO. 2272 Page 2 1 | |
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101 | + | actions; updating statutory references; modifying | |
102 | + | language; providing for certain inspections within | |
103 | + | certain time; providing grace periods to gain | |
30 | 104 | compliance; requiring termination of license for | |
31 | 105 | failure to provide proof of business operations | |
32 | 106 | within certain time; providing an effective date; and | |
33 | 107 | declaring an emergency. | |
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37 | - | ||
38 | - | SUBJECT: Medical marijuana | |
39 | - | ||
40 | 111 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
41 | - | ||
42 | 112 | SECTION 1. AMENDATORY Section 15, Chapter 11, O.S.L. | |
43 | 113 | 2019 (63 O.S. Supp. 2020, Section 427.15), is amended to read as | |
44 | 114 | follows: | |
45 | - | ENR. H. B. NO. 2272 Page 2 | |
46 | - | Section 427.15 A. The State Department of Health Oklahoma | |
115 | + | Section 427.15. A. The State Department of Healt h Oklahoma | |
47 | 116 | Medical Marijuana Authority is hereby authorized to develop policies | |
48 | 117 | and procedures for disclosure by a medical marijuana business of | |
49 | 118 | financial interest and ownership. | |
50 | - | ||
51 | 119 | B. Upon the effective date of this act, current medical | |
52 | 120 | marijuana business l icensees and applicants seeking licensure as a | |
53 | 121 | medical marijuana business shall be required to submit under penalty | |
54 | 122 | of perjury an attestation confirming or denying the existence of any | |
55 | 123 | foreign financial interests in the medical marijuana business | |
56 | 124 | operation and shall disclose the identity of such ownership, if | |
57 | 125 | applicable. Medical marijuana business licensees shall, within | |
58 | 126 | sixty (60) days after the effective date of this act, submit such | |
59 | 127 | attestation to the Oklahoma State Bureau of Narcotics and Dangerous | |
60 | 128 | Drugs Control. Applicants for a medical marijuana business license | |
61 | 129 | shall, within sixty (60) days after the approval of a medical | |
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62 | 156 | marijuana business license application by the Oklahoma Medical | |
63 | 157 | Marijuana Authority, submit such attestation to the Bureau. Failu re | |
64 | 158 | to submit the attestation or accompanying information to the Bureau | |
65 | 159 | within the specified sixty -day time period shall result in the | |
66 | 160 | immediate revocation of the medical marijuana business license. The | |
67 | 161 | Bureau shall prescribe the form of the attestation re quired under | |
68 | 162 | the provisions of this subsection and shall make the form available | |
69 | 163 | on its publicly accessible Internet website. | |
70 | - | ||
71 | 164 | SECTION 2. AMENDATORY Section 6, Chapter 11, O.S.L. | |
72 | 165 | 2019, as amended by Section 7, Chapter 477, O.S.L. 2019 (63 O.S. | |
73 | 166 | Supp. 2020, Section 427.6), is amended to read as follows: | |
74 | - | ||
75 | - | Section 427.6 A. The State Department of Health shall address | |
167 | + | Section 427.6. A. The State Department of Health shall address | |
76 | 168 | issues related to the medical marijuana program in Oklahoma | |
77 | 169 | including, but not limited to, monitoring and disciplinary ac tions | |
78 | 170 | as they relate to the medical marijuana program. | |
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80 | 171 | B. 1. The Oklahoma Medical Marijuana Authority, Department or | |
81 | 172 | its designee may perform on -site assessments of a licensee or | |
82 | 173 | applicant for any medical marijuana business license issued pursuant | |
83 | 174 | to this act the Oklahoma Medical Marijuana and Patient Protection | |
84 | 175 | Act to determine compliance with this act the Oklahoma Medical | |
85 | 176 | Marijuana and Patient Protection Act or submissions made pursuant to | |
86 | 177 | this section. The Oklahoma Medical Marijuana Authority, Department | |
87 | 178 | or its designee may enter the licensed premises of a medical | |
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88 | 205 | marijuana business licensee or applicant to assess or monitor | |
89 | 206 | compliance. | |
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91 | 207 | 2. Inspections Except as otherwise provided by law, inspections | |
92 | 208 | shall be limited to twice per calendar year and twen ty-four (24) | |
93 | 209 | hours of notice shall be provided to a medical marijuana business | |
94 | 210 | applicant or licensee prior to an on -site assessment. However, | |
95 | 211 | additional inspections may occur when the Oklahoma Medical Marijuana | |
96 | 212 | Authority or Department shows that an additi onal inspection is | |
97 | 213 | necessary due to a violation of this act or noncompliance with the | |
98 | 214 | Oklahoma Medical Marijuana and Patient Protection Act . Such | |
99 | 215 | inspection may be without notice if the Oklahoma Medical Marijuana | |
100 | 216 | Authority or Department believes that such notice will result in the | |
101 | 217 | destruction of evidence. | |
102 | - | ||
103 | 218 | 3. The Department may review relevant records of a licensed | |
104 | 219 | medical marijuana business, licensed medical marijuana research | |
105 | 220 | facility or licensed medical marijuana education facility, and may | |
106 | 221 | require and conduct interviews with such persons or entities and | |
107 | 222 | persons affiliated with such entities, for the purpose of | |
108 | 223 | determining compliance with Department rules, requirements and | |
109 | 224 | applicable laws. However, prior to conducting any interviews with | |
110 | 225 | the medical marijuana business, research facility or education | |
111 | 226 | facility, the licensee shall be afforded sufficient time to secure | |
112 | 227 | legal representation during such questioning if requested by the | |
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113 | 254 | business or facility or any of its agents or employees or | |
114 | 255 | contractors. | |
115 | - | ||
116 | 256 | 4. The Department shall refer complaints alleging criminal | |
117 | 257 | activity that are made against a licensee to appropriate Oklahoma | |
118 | 258 | state or local law enforcement authorities. | |
119 | - | ||
120 | 259 | C. Disciplinary action may be taken against an applicant or | |
121 | 260 | licensee under this act the Oklahoma Medical Marijuana and Patient | |
122 | 261 | Protection Act for not adhering to the law pursuant to the terms, | |
123 | 262 | conditions and guidelines set forth in this act the Oklahoma Medical | |
124 | 263 | Marijuana and Patient Protection Act . | |
125 | - | ||
126 | 264 | D. Disciplinary actions may include revocatio n, suspension or | |
127 | 265 | denial of an application, license or final authorization and other | |
128 | 266 | action deemed appropriate by the Department or the Oklahoma Medical | |
129 | 267 | Marijuana Authority. | |
130 | - | ||
131 | 268 | E. Disciplinary actions may be imposed upon a medical marijuana | |
132 | 269 | business licensee for: | |
133 | - | ||
134 | 270 | 1. Failure to comply with or satisfy any provision of this | |
135 | - | section; ENR. H. B. NO. 2272 Page 4 | |
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271 | + | section; | |
137 | 272 | 2. Falsification or misrepresentation of any material or | |
138 | 273 | information submitted to the Department; | |
139 | - | ||
140 | 274 | 3. Failing to allow or impeding a monitoring visit by | |
141 | 275 | authorized representatives o f the Department; | |
142 | - | ||
143 | 276 | 4. Failure to adhere to any acknowledgement, verification or | |
144 | 277 | other representation made to the Department; | |
145 | 278 | ||
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146 | 304 | 5. Failure to submit or disclose information required by this | |
147 | 305 | section or otherwise requested by the Department; | |
148 | - | ||
149 | 306 | 6. Failure to correct any violation of this section cited as a | |
150 | 307 | result of a review or audit of financial records or other materials; | |
151 | - | ||
152 | 308 | 7. Failure to comply with requested access by the Department to | |
153 | 309 | the licensed premises or materials; | |
154 | - | ||
155 | 310 | 8. Failure to pay a required monetary p enalty; | |
156 | - | ||
157 | 311 | 9. Diversion of medical marijuana or any medical marijuana | |
158 | 312 | product, as determined by the Department; | |
159 | - | ||
160 | 313 | 10. Threatening or harming a patient, a medical practitioner or | |
161 | 314 | an employee of the Department; and | |
162 | - | ||
163 | 315 | 11. Any other basis indicating a violation of the applicable | |
164 | 316 | laws and regulations as identified by the Department. | |
165 | - | ||
166 | 317 | F. Disciplinary actions against a licensee may include the | |
167 | 318 | imposition of monetary penalties, which may be assessed by the | |
168 | 319 | Department. | |
169 | - | ||
170 | 320 | G. Penalties for sales by a medical marijuana busi ness to | |
171 | 321 | persons other than those allowed by law occurring within any two - | |
172 | 322 | year time period may include an initial fine of One Thousand Dollars | |
173 | 323 | ($1,000.00) for a first violation and a fine of Five Thousand | |
174 | 324 | Dollars ($5,000.00) for any subsequent violation. T he medical | |
175 | 325 | marijuana business may be subject to a revocation of any license | |
176 | 326 | granted pursuant to this act the Oklahoma Medical Marijuana and | |
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328 | + | ENGR. S. A. TO ENGR. H. B. NO. 2272 Page 7 1 | |
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177 | 353 | Patient Protection Act upon a showing that the violation was willful | |
178 | 354 | or grossly negligent. | |
179 | - | ENR. H. B. NO. 2272 Page 5 | |
180 | 355 | H. 1. First offense for intentional and impermissible | |
181 | 356 | diversion of medical marijuana, concentrate , or products by a | |
182 | 357 | patient or caregiver to an unauthorized person shall not be punished | |
183 | 358 | under a criminal statute but may be subject to a fine of Two Hundred | |
184 | 359 | Dollars ($200.00). | |
185 | - | ||
186 | 360 | 2. The second offense for impermissible diversion of medical | |
187 | 361 | marijuana, concentrate , or products by a patient or caregiver to an | |
188 | 362 | unauthorized person shall not be punished under a criminal statute | |
189 | 363 | but may be subject to a fine of not to exceed Five Hundred Dollar s | |
190 | 364 | ($500.00) and may result in revocation of the license upon a showing | |
191 | 365 | that the violation was willful or grossly negligent. | |
192 | - | ||
193 | 366 | I. The following persons or entities may request a hearing to | |
194 | 367 | contest an action or proposed action of the Department: | |
195 | - | ||
196 | 368 | 1. A medical marijuana business, research facility or education | |
197 | 369 | facility licensee whose license has been summarily suspended or who | |
198 | 370 | has received a notice of contemplated action to suspend or revoke a | |
199 | 371 | license or take other disciplinary action; and | |
200 | - | ||
201 | 372 | 2. A patient or care giver licensee whose license has been | |
202 | 373 | summarily suspended or who has received notice of contemplated | |
203 | 374 | action to suspend or revoke a license or take other disciplinary | |
204 | 375 | action. | |
205 | 376 | ||
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206 | 402 | J. All hearings held pursuant to this section shall be in | |
207 | 403 | accordance with the Okl ahoma Administrative Procedures Act, Section | |
208 | 404 | 250 et seq. of Title 75 of the Oklahoma Statutes. | |
405 | + | K. 1. Beginning September 1, 2021, the Oklahoma Medical | |
406 | + | Marijuana Authority shall schedule an on -site meeting and compliance | |
407 | + | inspection of the premises with th e medical marijuana dispensary | |
408 | + | licensee at the location of the medical marijuana dispensary, the | |
409 | + | medical commercial grower at the location of the medical marijuana | |
410 | + | commercial grower site and the medical marijuana processor at the | |
411 | + | location of the medical ma rijuana processing site. The on -site | |
412 | + | meeting and compliance inspection shall occur within the first one | |
413 | + | hundred eighty (180) days after issuance of the medical marijuana | |
414 | + | dispensary license, commercial grower license or processor license | |
415 | + | and shall be conducted for purposes of verifying whether the medical | |
416 | + | marijuana licensee is actively operating or is working towards | |
417 | + | operational status. | |
418 | + | 2. If, at the time of the on -site meeting and compliance | |
419 | + | inspection, the medical marijuana licensee fails to provide proo f to | |
420 | + | the Authority that the medical marijuana business is actively | |
421 | + | operating or working towards operational status, the Authority shall | |
422 | + | grant the medical marijuana licensee a grace period of one hundred | |
423 | + | eighty (180) days to become operational. Upon expira tion of this | |
424 | + | grace period, the Authority shall schedule a second on -site meeting | |
425 | + | and compliance inspection of the premises to verify whether the | |
209 | 426 | ||
210 | - | K. 1. Beginning September 1, 2021, the Oklahoma Medical | |
211 | - | Marijuana Authority shall schedule on-site meetings and compliance | |
212 | - | inspections of the premises with the medical marijuana dispensary | |
213 | - | licensee at the location of the medical marijuana dispensary, the | |
214 | - | medical marijuana commercial grower at the location of the medical | |
215 | - | marijuana commercial grower site and the medical marijuana processor | |
216 | - | at the location of the medical marijuana processing site. The on - | |
217 | - | site meetings and compliance inspection s shall occur within the | |
218 | - | first one hundred eighty (180) days after issuance of the medical | |
219 | - | marijuana dispensary license, commercial grower license or processor | |
220 | - | license and shall be conducted for purposes of verifying whether the | |
221 | - | medical marijuana business licensee is actively operating or is | |
222 | - | working towards operational status. | |
223 | - | ENR. H. B. NO. 2272 Page 6 | |
224 | - | 2. If, at the time of the on -site meeting and compliance | |
225 | - | inspection, the medical marijuana business licensee fails to provide | |
226 | - | proof to the Authority that the medical marijuana business is | |
227 | - | actively operating or working towards operational status, the | |
228 | - | Authority shall grant the medical marijuana business licensee a | |
229 | - | grace period of one hundred eighty (1 80) days to become operational. | |
230 | - | Upon expiration of this grace period, the Authority shall schedule a | |
231 | - | second on-site meeting and compliance inspection of the premises to | |
232 | - | verify whether the medical marijuana business licensee has begun | |
233 | - | operations at the lic ensed premises or is continuing to work towards | |
234 | - | operational status. | |
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452 | + | medical marijuana licensee has begun operations at the licensed | |
453 | + | premises or is continuing to work towards opera tional status. | |
236 | 454 | 3. If, after the second on -site meeting and compliance | |
237 | - | inspection, the medical marijuana business licensee fails to provide | |
238 | - | proof to the Authority that the medical marijuana business licensee | |
239 | - | is actively operating or is continuing to work towards operational | |
240 | - | status, the Authority shall be authorized to grant the medical | |
241 | - | marijuana business licensee an additional grace period of one | |
242 | - | hundred eighty (180) days to become operational. | |
243 | - | ||
455 | + | inspection, the medical marijuana licensee fails to provide proof to | |
456 | + | the Authority that the medical marijuana licensee is actively | |
457 | + | operating or continuing to work towards operational st atus, the | |
458 | + | Authority shall be authorized to grant the medical marijuana | |
459 | + | licensee an additional grace period of one hundred eighty (180) days | |
460 | + | to become operational. | |
244 | 461 | 4. Upon expiration of the second grace period, the Authority | |
245 | 462 | shall terminate the medical mar ijuana business license if the | |
246 | - | medical marijuana | |
247 | - | ||
463 | + | medical marijuana licensee has failed to provide proof to the | |
464 | + | Authority that the medical marijuana dispensary is actively | |
248 | 465 | conducting business operations at the licensed premises. | |
249 | - | ||
250 | 466 | SECTION 3. This act shall bec ome effective July 1, 2021. | |
251 | - | ||
252 | 467 | SECTION 4. It being immediately necessary for the preservation | |
253 | 468 | of the public peace, health or safety, an emergency is hereby | |
254 | 469 | declared to exist, by reason whereof this act shall take effect and | |
470 | + | be in full force from and after its passage and approval. " | |
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499 | + | Passed the Senate the 21st day of April, 2021. | |
500 | + | ||
501 | + | ||
502 | + | ||
503 | + | Presiding Officer of the Senate | |
504 | + | ||
505 | + | ||
506 | + | Passed the House of Representatives the ____ day of __________, | |
507 | + | 2021. | |
508 | + | ||
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511 | + | Presiding Officer of the House | |
512 | + | of Representatives | |
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539 | + | ENGROSSED HOUSE | |
540 | + | BILL NO. 2272 By: West (Josh), Cornwell, | |
541 | + | McEntire, Sneed and Grego | |
542 | + | of the House | |
543 | + | ||
544 | + | and | |
545 | + | ||
546 | + | Murdock of the Senate | |
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552 | + | ||
553 | + | An Act relating to medical marijuana; creating the | |
554 | + | Oklahoma Cap on Medical Marijuana Businesses Act of | |
555 | + | 2021; directing the Oklahoma Medical Marijuana | |
556 | + | Authority to publicly announce caps on certain | |
557 | + | medical marijuana business licenses; providing | |
558 | + | procedures for determining amount of licenses; | |
559 | + | providing application requirements for active medical | |
560 | + | marijuana business licenses; pr oviding for the | |
561 | + | reduction of medical marijuana dispensary, processor | |
562 | + | and commercial grower licenses; prohibiting renewal | |
563 | + | of licenses for inactivity; directing the Authority | |
564 | + | to promulgate certain rules and regulations for | |
565 | + | number-based lottery system; provid ing for | |
566 | + | codification; and declaring an emergency. | |
567 | + | ||
568 | + | ||
569 | + | ||
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571 | + | ||
572 | + | ||
573 | + | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
574 | + | SECTION 5. NEW LAW A new section of law to be codified | |
575 | + | in the Oklahoma Statutes as Section 431 of Title 63, unless there i s | |
576 | + | created a duplication in numbering, reads as follows: | |
577 | + | Sections 1 through 4 of this act shall be known and may be cited | |
578 | + | as the "Oklahoma Cap on Medical Marijuana Businesses Act of 2021". | |
579 | + | ||
580 | + | ENGR. H. B. NO. 2272 Page 2 1 | |
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604 | + | ||
605 | + | SECTION 6. NEW LAW A new section of law to b e codified | |
606 | + | in the Oklahoma Statutes as Section 431.1 of Title 63, unless there | |
607 | + | is created a duplication in numbering, reads as follows: | |
608 | + | A. On July 1, 2021, or fifteen (15) days from the effective | |
609 | + | date of this act, the Oklahoma Medical Marijuana Authority shall | |
610 | + | announce publicly that the number of medical marijuana dispensary | |
611 | + | licenses, medical marijuana processor licenses and medical marijuana | |
612 | + | commercial grower licenses authorized in the State of Oklahoma shall | |
613 | + | be capped for a two-year period beginning September 1, 2021, and | |
614 | + | ending September 1, 2023 . | |
615 | + | B. Beginning September 1, 2021, and ending September 1, 2023, | |
616 | + | the number of medical marijuana dispensary licenses, medical | |
617 | + | marijuana processor licenses and medical marijuana commercial grower | |
618 | + | licenses authorized in the State of Oklahoma shall be capped at the | |
619 | + | total number of licenses active in each category as of September 1, | |
620 | + | 2021, combined with the total number of applications pending in each | |
621 | + | category with the Oklahoma Medical Marijuana Authority which were | |
622 | + | submitted prior to September 1, 2021. In order to determine the | |
623 | + | final amount of authorized medical marijuana dispensary licenses, | |
624 | + | medical marijuana processor licenses and medical marijuana | |
625 | + | commercial grower licenses in this state, the Authority shall first | |
626 | + | process all pending applications for each license category received | |
627 | + | prior to September 1, 2021, and add that number to the total number | |
628 | + | of active licenses in each category as of September 1, 2021. | |
629 | + | ||
630 | + | ENGR. H. B. NO. 2272 Page 3 1 | |
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654 | + | ||
655 | + | Applications for a medical marijuana dispensary license, me dical | |
656 | + | marijuana processor license or medical marijuana commercial grower | |
657 | + | license shall not be accepted beginning September 1, 2021, except as | |
658 | + | provided in subsection C of this section. | |
659 | + | C. All applicants submitting an application for an active | |
660 | + | medical marijuana dispensary license, medical marijuana processor | |
661 | + | license or medical marijuana commercial grower license, prior to | |
662 | + | September 1, 2021, shall meet all requirements to hold a medical | |
663 | + | marijuana business license at the time of application. However, | |
664 | + | such applicant shall not be required to submit a Certificate of | |
665 | + | Compliance prior to submitting an application under the provisions | |
666 | + | of this subsection and each applicant shall have one hundred eighty | |
667 | + | (180) days from the date such license is provisionally approved t o | |
668 | + | submit a Certificate of Compliance to the Oklahoma Medical Marijuana | |
669 | + | Authority. Only upon submission and acceptance by the Authority of | |
670 | + | the Certificate of Compliance, and provided the applicant continues | |
671 | + | to meet all other requirements provided for in Se ctions 421 through | |
672 | + | 423 of Title 63 of the Oklahoma Statutes and the Oklahoma Medical | |
673 | + | Marijuana and Patient Protection Act, shall the applicant be awarded | |
674 | + | an active business license. In the event an applicant does not | |
675 | + | submit a Certificate of Compliance or fails to meet any other | |
676 | + | requirements for licensure within one hundred eighty (180) days of | |
677 | + | being awarded a license, the license shall automatically terminate | |
678 | + | and shall not be extended. | |
679 | + | ||
680 | + | ENGR. H. B. NO. 2272 Page 4 1 | |
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705 | + | SECTION 7. NEW LAW A new section of law to be c odified | |
706 | + | in the Oklahoma Statutes as Section 431.2 of Title 63, unless there | |
707 | + | is created a duplication in numbering, reads as follows: | |
708 | + | A. 1. Beginning September 1, 2021, and ending September 1, | |
709 | + | 2023, the number of medical marijuana dispensary licensees | |
710 | + | authorized to operate in the State of Oklahoma shall be | |
711 | + | automatically reduced by the number of medical marijuana dispensary | |
712 | + | licenses surrendered, canceled or otherwise terminated, until such | |
713 | + | time as the total number of active medical marijuana dispensary | |
714 | + | licenses is equal in number to two thousand. | |
715 | + | 2. Beginning September 1, 2022, any medical marijuana | |
716 | + | dispensary licensee who does not actively use the medical marijuana | |
717 | + | dispensary license for a period of eighteen (18) months shall not be | |
718 | + | authorized to renew th e license. For purposes of this subsection, | |
719 | + | the active use of a medical marijuana dispensary license shall | |
720 | + | require that a dispensary licensee have a minimum of Five Thousand | |
721 | + | Dollars ($5,000.00) per month in gross monthly sales calculated on a | |
722 | + | twelve-month rolling average. Gross monthly sales shall be | |
723 | + | calculated by taking the total amount of income and subtracting all | |
724 | + | discounts and sales and excise tax collected on medical marijuana | |
725 | + | and medical marijuana products. | |
726 | + | B. 1. Beginning September 1, 2021, and ending September 1, | |
727 | + | 2023, the number of medical marijuana commercial grower licensees | |
728 | + | authorized in the State of Oklahoma shall be automatically reduced | |
729 | + | ||
730 | + | ENGR. H. B. NO. 2272 Page 5 1 | |
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755 | + | by the number of medical marijuana commercial grower licenses | |
756 | + | surrendered, canceled or otherwise term inated, until the total | |
757 | + | number of active medical marijuana commercial grower licenses is | |
758 | + | equal in number to or less than five thousand. | |
759 | + | 2. Beginning September 1, 2022, any medical marijuana | |
760 | + | commercial grower licensee who does not actively use the license for | |
761 | + | a period of eighteen (18) months shall not be authorized to renew | |
762 | + | the license. For purposes of this subsection, active use of a | |
763 | + | medical marijuana commercial grower license shall require that a | |
764 | + | commercial grower licensee have under cultivation a minimu m of fifty | |
765 | + | marijuana plants per month, calculated on a twelve -month rolling | |
766 | + | average. | |
767 | + | C. 1. Beginning September 1, 2021, and ending September 1, | |
768 | + | 2023, the number of medical marijuana processor licensees authorized | |
769 | + | in the State of Oklahoma shall be automat ically reduced by the | |
770 | + | number of medical marijuana processor licenses surrendered, canceled | |
771 | + | or otherwise terminated, until the total number of active medical | |
772 | + | marijuana processor licenses is equal in number to or less than one | |
773 | + | thousand. | |
774 | + | 2. Beginning September 1, 2022, any medical marijuana processor | |
775 | + | licensee who does not actively use the license for a period of | |
776 | + | eighteen (18) months shall not be authorized to renew the license. | |
777 | + | For purposes of this subsection, active use of a medical marijuana | |
778 | + | processor license shall require that a processor licensee have a | |
779 | + | ||
780 | + | ENGR. H. B. NO. 2272 Page 6 1 | |
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805 | + | minimum of Five Thousand Dollars ($5,000.00) per month in gross | |
806 | + | monthly sales calculated on a twelve -month rolling average. Gross | |
807 | + | monthly sales shall be calculated by taking the total amount of | |
808 | + | income and subtracting all discounts. | |
809 | + | SECTION 8. NEW LAW A new section of law to be codified | |
810 | + | in the Oklahoma Statutes as Section 431.3 of Title 63, unless there | |
811 | + | is created a duplication in numbering, reads as follows: | |
812 | + | The Authority shall, w ithin ninety (90) days of the effective | |
813 | + | date of this act, promulgate rules and regulations to govern an | |
814 | + | impartial, number-based lottery to govern issuance of all available | |
815 | + | medical marijuana business licenses up to the cap amount for the | |
816 | + | specific medical marijuana business license category. | |
817 | + | SECTION 9. It being immediately necessary for the preservation | |
818 | + | of the public peace, health or safety, an emergency is hereby | |
819 | + | declared to exist, by reason whereof this act shall take effect and | |
255 | 820 | be in full force from and after its passage and approval. | |
256 | - | ENR. H. B. NO. 2272 Page 7 | |
257 | - | Passed the House of Representatives the 14th day of May, 2021. | |
821 | + | ||
822 | + | ENGR. H. B. NO. 2272 Page 7 1 | |
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846 | + | ||
847 | + | Passed the House of Representatives the 10th day of March, 2021. | |
258 | 848 | ||
259 | 849 | ||
260 | 850 | ||
261 | 851 | ||
262 | 852 | Presiding Officer of the House | |
263 | 853 | of Representatives | |
264 | 854 | ||
265 | 855 | ||
266 | - | Passed the Senate the | |
856 | + | Passed the Senate the ___ day of __________, 2021. | |
267 | 857 | ||
268 | 858 | ||
269 | 859 | ||
270 | 860 | ||
271 | 861 | Presiding Officer of the Sen ate | |
272 | 862 | ||
273 | 863 | ||
274 | 864 | ||
275 | - | OFFICE OF THE GOVERNOR | |
276 | - | Received by the Office of the Governor this ____________________ | |
277 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
278 | - | By: _________________________________ | |
279 | - | Approved by the Governor of the State of Oklahoma this _________ | |
280 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
281 | - | ||
282 | - | ||
283 | - | _________________________________ | |
284 | - | Governor of the State of Oklahoma | |
285 | - | ||
286 | - | OFFICE OF THE SECRET ARY OF STATE | |
287 | - | Received by the Office of the Secretary of State this __________ | |
288 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
289 | - | By: _________________________________ |