Req. No. 8515 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3019 By: Fetgatter
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Sections 427.2 and 427.18, which relate to
the Oklahoma Medical Marijuana and Patient Protection
Act; modifying and adding definitions; allowing for
the use of clear containers; directing dispensaries
to use exit package at point of sale and transfer;
and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.2, is
amended to read as follows:
Section 427.2 As used in the Oklahoma Medical Marijuana and
Patient Protection Act :
1. "Advertising" means the act of providin g consideration for
the publication, dissemination, solicitation, or circul ation, of
visual, oral, or written comm unication to induce directly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labe ling;
2. "Authority" means the Oklahoma Medical Marijuana Authority;
Req. No. 8515 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. "Batch number" means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. "Cannabinoid" means any of the che mical compounds that are
active principles of marijuana;
5. "Caregiver" means a family member or assistant who regularly
looks after a medical m arijuana patient license holder whom a
physician attests needs assistance;
6. "Child-resistant" means special packag ing that is:
a. designed or constructed to be significantly difficult
for children under five (5) years of age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995), and
b. opaque so that the outermost packaging does not allow
the product to be seen without opening the packaging
material, and
c. resealable to maintain i ts child-resistant
effectiveness for multiple openings for any product
intended for more than a single use or containi ng
multiple servings;
7. "Clone" means a nonflowering plant cut from a mother plant
that is capable of devel oping into a new plant and ha s shown no
signs of flowering;
Req. No. 8515 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
8. "Commissioner" means the State Commissio ner of Health;
9. "Complete application " means a document prepared in
accordance with the provisions set forth i n the Oklahoma Medical
Marijuana and Patient Protection Act , rules promulgated pursuant
thereto, and the forms and instructions provided by the Department,
including any supporting do cumentation required and the applicable
license application fee;
10. "Department" means the State Department of Health;
11. "Director" means the Executive Director of the Oklahoma
Medical Marijuana Authority;
12. "Dispense" means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the designated
caregiver of the patient that is packaged in a suitable con tainer
appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. "Dispensary" means a medical marijuana dispensary, an
entity that has been licensed by the Department pursuant t o the
Oklahoma Medical Marijuana and Patient Protection Act to purchase
medical marijuana or medical marijuana products from a licensed
medical marijuana commercial grower or licensed medical marijuana
processor, to prepare and package non infused pre-rolled medical
marijuana, and to sell medical marijuana or medical marijuana
products to licensed patients and caregivers as defined in this
Req. No. 8515 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
section, or sell or transfer products to another licensed
dispensary;
14. "Edible medical marijuana product " means any medical-
marijuana-infused product for which t he intended use is oral
consumption including, but not limited to, any type of food, drink
or pill;
15. "Entity" means an individual, general partnership, limited
partnership, limited liability company, trust, estate, association,
corporation, cooperative or any other legal or commercial entity;
16. "Exit package" means an opaque bag that is provided at the
point of sale in which pre-packaged medical marijuana is placed;
17. "Flower" means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or parts of the plant that are
harvested and used for consumption in a variety of medical marijuana
products;
17. 18. "Flowering" means the reproductive state of the
marijuana or cannabis plant in which there are physical signs of
flower or budding out of the nodes of the stem;
18. 19. "Food-based medical marijuana concentrate" means a
medical marijuana concentrat e that was produced by extracting
cannabinoids from medical marijuana through the use of propylene
glycol, glycerin, butter, olive oil, coconut oil or other typical
food-safe cooking fats;
Req. No. 8515 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
19. 20. "Harvest batch" means a specifically identified
quantity of medical marijuana that is uniform in strain, cultivated
utilizing the same cultivation practices, harvested at the same time
from the same location and cured under uniform conditions;
20. 21. "Harvested marijuana" means postflowering medical
marijuana not including trim, concentrate or waste;
21. 22. "Heat- or pressure-based medical marijuana concentrate "
means a medical marijuana concentrate tha t was produced by
extracting cannabinoids from medical marijuana through the use of
heat or pressure;
22. 23. "Immature plant" means a nonflowering marijuana plant
that has not demonstrated signs of flowering;
23. 24. "Inventory tracking system" means the required tracking
system that accounts for the entire life span of medical marijuana
and medical marijuana products, including any testing samples
thereof and medical marijuana waste;
24. 25. "Licensed patient" or "patient" means a person who has
been issued a medical marijuana patient license by the State
Department of Health or Oklahoma Medical Marijuana Aut hority;
25. 26. "Licensed premises" means the premises specified in an
application for a medical marijuana business license, m edical
marijuana research facility license or medical marijuana education
facility license pursuant to the Oklahoma Medical Marij uana and
Patient Protection Act that are owned or in possession of the
Req. No. 8515 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
licensee and within which the licensee is authorized to cultivate,
manufacture, distribute, sell, store, transport, test or researc h
medical marijuana or medical marijuana products in a ccordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant there to;
26. 27. "Manufacture" means the production, propagation,
compounding or processing of a medical marijuana product, excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, or by a combination of extraction and
chemical synthesis;
27. 28. "Marijuana" shall have the same meaning as such term is
defined in Section 2-101 of this title;
28. 29. "Material change" means any change that woul d affect
the qualifications for licensure of an applic ant or licensee;
29. 30. "Mature plant" means a harvestable female marijuana
plant that is flowering;
30. 31. "Medical marijuana business (MMB) " means a licensed
medical marijuana dispensary, medical marijua na processor, medical
marijuana commercial grower, medi cal marijuana laboratory, medical
marijuana business operator or a medical marijuana transporter;
31. 32. "Medical marijuana concentrate " or "concentrate" means
a specific subset of medical marijuana that was produced by
extracting cannabinoids from medical m arijuana. Categories of
Req. No. 8515 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
medical marijuana concentrate include water -based medical marijuana
concentrate, food-based medical marijuana concentrate, solvent -based
medical marijuana concentrate, and heat- or pressure-based medical
marijuana concentrate;
32. 33. "Medical marijuana commercial grower" or "commercial
grower" means an entity licensed to cultivate, prepare and package
medical marijuana or package medical marijuana as pre -rolls, and
transfer or contract for transfer m edical marijuana and medical
marijuana pre-rolls to a medical marijuana dispensary, medical
marijuana processor, any other medical marijuana commercial grower,
medical marijuana research facility or medical marijuana education
facility. A commercial grower may sell seeds, flower or clones to
commercial growers pursuant to the Oklahoma Medical Marijuana a nd
Patient Protection Act;
33. 34. "Medical marijuana education facility " or "education
facility" means a person or entity app roved pursuant to the Oklahoma
Medical Marijuana and Patient Prote ction Act to operate a facility
providing training and educatio n to individuals involving the
cultivation, growing, harvesting, curing, preparing, packaging or
testing of medical marijuana, or the production, manufacture ,
extraction, processing, packaging or creation of medical-marijuana-
infused products or medical ma rijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act ;
Req. No. 8515 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
34. 35. "Medical-marijuana-infused product" means a product
infused with medical marijuana including, bu t not limited to, edible
products, ointments and tinctures;
35. 36. "Medical marijuana product" or "product" means a
product that contains cannabinoids that have been extracted from
plant material or the resin therefrom b y physical or chemical means
and is intended for administration to a qualified patient includ ing,
but not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids , and forms administered by a
nebulizer, excluding l ive plant forms which are considered m edical
marijuana;
36. 37. "Medical marijuana processor " means a person or entity
licensed pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act to operate a business including the production,
manufacture, extraction, processing, packaging o r creation of
concentrate, medical-marijuana-infused products or medical marijuana
products as described i n the Oklahoma Medical Marijuana and Patient
Protection Act;
37. 38. "Medical marijuana research facility " or "research
facility" means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to conduct medical
marijuana research. A medical marijuana research facility is not a
medical marijuana business;
Req. No. 8515 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
38. 39. "Medical marijuana testing laboratory " or "laboratory"
means a public or private laboratory licensed pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act to conduct
testing and research on medical marijuana and medical marijuana
products;
39. 40. "Medical marijuana transporter" or "transporter" means
a person or entity that is licensed p ursuant to the Oklahoma Medical
Marijuana and Patient Protection Act . A medical marijuana
transporter does not include a medic al marijuana business that
transports its own me dical marijuana, medical ma rijuana concentrate
or medical marijuana products to a property or facility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the sam e medical marijuana business;
40. 41. "Medical marijuana waste" or "waste" means unused,
surplus, returned or out-of-date marijuana, plant debris of the
plant of the genus Cannabis including dead plants and all unused
plant parts and roots, except the ter m shall not include roots,
stems, stalks and fan le aves;
41. 42. "Medical use" means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medical marijuana to treat a
licensed patient;
Req. No. 8515 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
42. 43. "Mother plant" means a marijuana plant that i s grown or
maintained for the purpose of generating clones, and that will not
be used to produce plant material for sale to a m edical marijuana
processor or medical marijuana dispensar y;
43. 44. "Oklahoma physician" or "physician" means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Examiners;
44. 45. "Oklahoma resident" means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act ;
45. 46. "Owner" means, except where the context othe rwise
requires, a direct beneficial owner including, but not limit ed to,
all persons or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
Req. No. 8515 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in a n
association,
h. the owners of any other type of legal entity, and
i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
46. 47. "Package" or "packaging" means any container or wrapper
that may be used by a medical marijuana business to enclose or
contain medical marijuana ;
47. 48. "Person" means a natural person, partne rship,
association, business trust, company, corporation, estat e, limited
liability company, trust or any other legal enti ty or organization,
or a manager, agent, owner, director, servant, officer or employee
thereof, except that "person" does not include any governmental
organization;
48. 49. "Pesticide" means any substance or mixture of
substances intended for preventing, dest roying, repelling or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defolian t or desiccant,
except that the term "pesticide" shall not include any article that
is a "new animal drug" as designated by the United States Food and
Drug Administration;
Req. No. 8515 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
49. 50. "Production batch" means:
a. any amount of medical marijuana concentrate of the
same category and produced using the same extraction
methods, standard operating procedures and an
identical group of harves t batch of medical marijuana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ing redients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
50. 51. "Public institution" means any entity established or
controlled by the federal government, state government, or a local
government or municipal ity including, but not limited to,
institutions of higher education or related research institutions;
51. 52. "Public money" means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
52. 53. "Recommendation" means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act ;
53. 54. "Registered to conduct b usiness" means a person that
has provided proof that the business applicant or licensee is in
good standing with the Oklahoma Sec retary of State;
Req. No. 8515 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
54. 55. "Remediation" means the process by whic h a harvest
batch or production batch that fails testing undergoes a procedure
to remedy the harvest batch or production batch and is retested in
accordance with Oklahoma laws, rules and regu lations;
55. 56. "Research project" means a discrete scientific endeavor
to answer a research question or a set of research qu estions related
to medical marijuana and is required for a medical marijuan a
research license. A research project shall include a description of
a defined protocol, clearly articulated goals, defined methods and
outputs, and a defined start and end date . The description shall
demonstrate that the research project will comply wi th all
requirements in the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto . All research
and development conducted by a medical marijua na research facility
shall be conducted in furtherance of an approved resea rch project;
56. 57. "Revocation" means the final decision by the Department
that any license issued pursuant t o the Oklahoma Medical Marijuana
and Patient Protection Act is rescinded because the individual or
entity does not comply with the applicable re quirements set forth in
the Oklahoma Medical Marijuana and Patient Protection Act or rules
promulgated pursuant thereto;
57. 58. "School" means a public or private elementary , middle
or high school used for school classes and instruction . A
homeschool, daycare or child-care child care facility shall not be
Req. No. 8515 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
considered a "school" as used in the Oklahoma Medical Marijuana and
Patient Protection Act ;
58. 59. "Shipping container" means a hard-sided container with
a lid or other enclosure that can be secured i n place. A shipping
container is used solely for the transport of medical m arijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana business es, a medical marijuana research facility,
or a medical marijuana education facility;
59. 60. "Solvent-based medical marijuana c oncentrate" means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through t he use of a solvent
approved by the Department;
60. 61. "State Question" means Oklahoma State Question No. 788,
Initiative Petition No. 412, approved by a majority vote of the
citizens of Oklahoma on June 26, 2018;
61. 62. "Strain" means the name given to a particular variety
of medical marijuana that is based on a combination of factors which
may include, but is n ot limited to, botanical lineage, appe arance,
chemical profile and accompan ying effects. An example of a "strain"
would be "OG Kush" or "Pineapple Express";
62. 63. "THC" means tetrahydrocannabinol, which is the prim ary
psychotropic cannabinoid in marijuana formed by decarboxylation of
naturally tetrahydrocannabinolic acid, which g enerally occurs by
exposure to heat;
Req. No. 8515 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
63. 64. "Transporter agent" means a person who transports
medical marijuana or medical marijuana prod ucts as an employee of a
licensed medical marijuana business and holds a transporter agent
license specific to that busin ess pursuant to the Oklahoma Medical
Marijuana and Patient P rotection Act;
64. 65. "Universal symbol" means the image established by t he
State Department of Health or Oklahoma Medic al Marijuana Authority
and made available to licensees through its website ind icating that
the medical marijuana or the medical mariju ana product contains THC;
65. 66. "Usable marijuana" means the dried leave s, flowers,
oils, vapors, waxes and other portions of the marijuana plant an d
any mixture or preparation thereof, excludin g seeds, roots, stems,
stalks and fan leaves; and
66. 67. "Water-based medical marijuana concentrate " means a
concentrate that was pr oduced by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.18, is
amended to read as follows:
Section 427.18 A. An Oklahoma medical mar ijuana business shall
not sell, transfer or otherwise distribute medical mar ijuana or
medical marijuana product that has not been packaged and labeled in
accordance with this sec tion and rules promulgated by the State
Commissioner of Health.
Req. No. 8515 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. A medical marijuana dispensary shall return medical
marijuana and medical marijuana pr oduct that does not meet packaging
or labeling requirements in this section or rules promulgated
pursuant thereto to the entity who transferred it to the dispensary .
The medical marijuana dispensary shall document to whom the item wa s
returned, what was r eturned and the date of the return or dispose of
any usable marijuana that does not meet these require ments in
accordance with the Oklahoma Medical Marijuana and Patient
Protection Act.
C. 1. Medical marijuana packaging shall be pac kaged to
minimize its appeal to children and shall not depict images other
than the business name logo of the medical mariju ana producer and
image of the product.
2. A medical marijuana business shall not place any content on
a container in a manner that reasonably appears to target
individuals under the age of twenty -one (21) including, but not
limited to, cartoon characters or similar images.
3. Labels on a container shall not include any false or
misleading statements.
4. No container shall be intenti onally or knowingly la beled so
as to cause a reasonable patient confusion as to whether the medical
marijuana, medical marij uana concentrate or medical marijuana
product is a trademarked product or labe led in a manner that
violates any federal trademark la w or regulation.
Req. No. 8515 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. The label on the container shall not make any claims
regarding health or physical benefits to the patie nt.
6. All The container itself may be clear in order to allow
licensed medical marijuana patients and licensed medical marijuana
caregivers the ability to view the product inside the container but
shall be child-resistant, as defined in Section 427.2 of this title.
7. At the point of sale and transfer of any medical marijuana,
medical marijuana concentrate and, or medical marijuana product s to
a licensed medical marijuana patient or licensed medical mar ijuana
caregiver, the dispensary shall be in a child-resistant container at
the point of transfer to the patient or caregiver place the medical
marijuana, medical marijuana concentrate , or medical marijuana
products in an exit package, as such term is defined in Section
427.2 of this title.
D. The State Department of Health shall develop minimum
standards for packaging and labeling of medical marijuana, medical
marijuana concentrate, and medical marijuana products . Such
standards shall include, but not be limited to, the required
contents of labels to be affi xed to all medical marijuana , medical
marijuana concentrate, and medical marijuana products prior to
transfer to a licensed patient or caregiver, which shall include, at
a minimum:
1. THC and other cannabinoid potency, and terpenoid potency;
Req. No. 8515 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. A statement indicating that the product has been tested for
contaminants;
3. One or more product warnings to be determined by the
Department; and
4. Any other information the Department deems necessar y.
SECTION 3. This act shall become effective November 1, 2022.
58-2-8515 GRS 12/27/21