An Act
ENROLLED HOUSE
BILL NO. 3019 By: Fetgatter, Davis, Talley
and McDugle of the House
and
Leewright of the Senate
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; requiring
certain warnings on container labels; allowing for
the use of clear containers; directing dispensaries
to use exit package at point of sale and transfer;
and providing an effective date.
SUBJECT: Medical marijuana
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 providing consideration for
the publication, dissemi nation, 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;
ENR. H. B. NO. 3019 Page 2
3. "Batch number" means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventor y 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 as sistant who regularly
looks after a medical marijuana patient license holder whom a
physician attests needs assistance;
6. "Child-resistant" means special packag ing that is:
a. designed or construct ed 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 no t allow
the product to be seen without opening the packag ing
material, and
c. resealable to maintain its child -resistant
effectiveness for multipl e 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 developing into a new plant and has shown no
signs of flowering;
8. "Commissioner" means the State Commissio ner of Health;
9. "Complete application " means a document prepared in
accordance with the provisions set forth in the Oklahoma Medical
Marijuana and Patient Protection Act , rules promulgated pursuant
thereto, and the forms a nd 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; ENR. H. B. NO. 3019 Page 3
12. "Dispense" means the selling of medical marijuana or a
medical marijuana produc t to a qualified patient or the designated
caregiver of the patient that is packaged in a suitable container
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
section, or sell or transfer products to another licensed
dispensary;
14. "Edible medical marijuana product " means any medical-
marijuana-infused product for which the intended use is oral
consumption includin g, 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 org ans 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;
ENR. H. B. NO. 3019 Page 4
19. 20. "Harvest batch" means a specifically identified
quantity of medical marijuana that is uniform in strain, cultivated
utilizing the same culti vation practices, harvested at the same time
from the same location and cured under unifo rm 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, medical
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
licensee and within which the licensee is authorized to cultiva te,
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 thereto;
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; ENR. H. B. NO. 3019 Page 5
28. 29. "Material change" means any change that woul d affect
the qualifications for licensure of an app licant 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 marijuana processor, medical
marijuana commercial g rower, medical 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 marijuana. Categories of
medical marijuana concentrate include water -based medical marijuana
concentrate, food-based medical marijuana concentrate, solv ent-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 resea rch 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 approved pursuant t o 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 Protec tion Act;
34. 35. "Medical-marijuana-infused product" means a product
infused with medical marijuana including, bu t not limited to, edible
products, ointments and tinctures;
ENR. H. B. NO. 3019 Page 6
35. 36. "Medical marijuana product" or "product" means a
product that contains c annabinoids 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 in the Oklahoma Medical Marijua na 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;
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 medical marijuana business that
transports its own medical marijuana, medical ma rijuana concentrate
or medical marijuana products to a property or facility adjacent to
or connected to the licensed premises if the pro perty is another
licensed premises of the same 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 term shall not include roots,
stems, stalks and fan leaves;
ENR. H. B. NO. 3019 Page 7
41. 42. "Medical use" means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medi cal marijuana devices or paraphernalia
relating to the administration of medical marijuan a to treat a
licensed patient;
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 medical marijuana
processor or medical mariju ana dispensary;
43. 44. "Oklahoma physician" or "physician" means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervisi on, 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 otherwise
requires, a direct beneficial owner in cluding, 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 interes t in a
trust and all trustees of a trust,
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 ENR. H. B. NO. 3019 Page 8
i. any other person holding a n 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, partnership,
association, business trust, company, corporation, estate, limited
liability company, trust or any other legal ent ity 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 , destroying, repelling or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant 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;
49. 50. "Production batch" means:
a. any amount of medical marijuana concentrate of the
same category and produced using the sa me extraction
methods, standard operating procedures and an
identical group of harvest batch of medical marijuana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingredients,
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 g overnment, or a local
government or municipality 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 includin g, but not limited to,
research grants; ENR. H. B. NO. 3019 Page 9
52. 53. "Recommendation" means a document that i s signed or
electronically submitted by a physician on behalf of a pat ient for
the use of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Prot ection Act;
53. 54. "Registered to conduct business " means a person that
has provided proof that the business applicant or licensee is in
good standing with the Oklahoma Secretary of State;
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 law s, rules and regulations;
55. 56. "Research project" means a discrete scientific endeavor
to answer a research question or a set of research questions 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 an d
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 marijuana research facility
shall be conducted in f urtherance of an approved resea rch project;
56. 57. "Revocation" means the final decision by the Department
that any license issued pursuant to the Oklahoma Medical M arijuana
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 an d instruction. A
homeschool, daycare or child-care child care facility shall not be
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 marijuan a products between ENR. H. B. NO. 3019 Page 10
medical marijuana businesses, 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 the use of a solvent
approved by the Departme nt;
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, 2 018;
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 not limited to, botanical lineage, appe arance,
chemical profile and accompanying 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;
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 Protection 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 marijuana 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: ENR. H. B. NO. 3019 Page 11
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 packag ed and labeled in
accordance with this sec tion and rules promulgated by the State
Commissioner of Health.
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 M arijuana 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 sh all 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 wh ether 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. The label on the
container shall include a warning that states t he following:
a. "For use by licensed medical marijuana patients only",
and
b. "Keep out of reach of children".
5. The label on the container shall not make any claims
regarding health or physical b enefits to the patient.
ENR. H. B. NO. 3019 Page 12
6. All The container itself may be clear in order to allow
licensed medical marijuana patients and licensed medical marij uana
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 products 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 conce ntrate, 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 mini mum
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 affixed to all medical marijuana , medical
marijuana concentrate, and medical marijuana products prior to
transfer to a licensed patient or caregiver, which shall includ e, at
a minimum:
1. THC and other cannabinoid potency, and terpenoid potency;
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 informatio n the Department deems necessar y.
SECTION 3. This act shall become effective November 1, 2022.
ENR. H. B. NO. 3019 Page 13
Passed the House of Representatives the 23rd day of March, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 27th day of April, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________