An Act
ENROLLED HOUSE
BILL NO. 3208 By: Cornwell, West (Josh),
Bashore, Kendrix, Roberts
(Eric), and Luttrell of the
House
and
Paxton of the Senate
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.3, which relates to the
Oklahoma Medical Marijuana and Patient Protection
Act; expanding scope of powers and duties; directing
the Oklahoma Medical Marijuana Authority to declare
and establish a moratorium on issuing certain medical
marijuana business licenses; providing an exception;
requiring review and processing of applications
received prior to certain date; directing the
Authority to promulgate rules; and providing for
codification.
SUBJECT: Medical marijuana
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O .S. 2021, Section 427.3, is
amended to read as follows:
Section 427.3 A. There is hereby created the Oklahoma Med ical
Marijuana Authority within the State Department of Health which
shall address issues related t o the medical marijuana program in
Oklahoma including, but not limited to, the issuance of patient
licenses and medical mar ijuana business licenses, and the
dispensing, cultivating, processing, testing, transport ing, storage,
research, and the use of and s ale of medical marijuana pursuant t o
the Oklahoma Medical Marijuana and Patient Protection Act .
ENR. H. B. NO. 3208 Page 2
B. The Department shall provide support staff to perform
designated duties of the Authority . The Department shall also
provide office space for meetings of t he Authority.
C. The Department Authority shall implement the provisions of
the Oklahoma Medical Marijuana and Patient Protection Act
consistently with the v oter-approved State Question No. 788,
Initiative Petition No. 412, subject to the provisions o f the
Oklahoma Medical Marijuana and Patient Protection Act.
D. The Department Authority shall exercise its respective
powers and perform its respective duties a nd functions as specified
in the Oklahoma Medical Ma rijuana and Patient Protection Act and
this title including, but not limited to, the following:
1. Determine steps the state shall take, whether administrative
or legislative in nature, to ensure that re search on marijuana and
marijuana products is being conducted for public purposes, including
the advancement of:
a. public health policy and public safety p olicy,
b. agronomic and horticultural best practices, an d
c. medical and pharmacopoeia best practice s;
2. Contract with third-party vendors and ot her governmental
entities in order to carry out the respective duties and functions
as specified in the Oklahoma Medical Marijuana and Patient
Protection Act;
3. Upon complaint or upon its own motion and upon a completed
investigation, levy fines as pres cribed in applicable laws, rules,
and regulations and suspend, revoke, or not renew licenses pursuant
to applicable laws, rules, and regulations;
4. Issue subpoenas for the appearance or production of persons,
records, and things in connection with disci plinary or contested
cases considered by the Department Authority;
5. Apply for injunctive or declaratory rel ief to enforce the
provisions of applicable laws, rules , and regulations;
6. Inspect and examine all licensed premises of medical
marijuana businesses, research facilities , education facilities, and ENR. H. B. NO. 3208 Page 3
waste disposal facilities in which medical marijuana is cultivated,
manufactured, sold, stored, transported, tested , distributed, or
disposed of;
7. Upon action by the federal government by which th e
production, sale, and use of marijuana in Oklahoma does not vi olate
federal law, work with the Oklahoma State B anking Department and the
State Treasurer to develop good practice s and standards for banking
and finance for medical marijuana businesses;
8. Establish internal control pr ocedures for licenses including
accounting procedures, reporting procedures , and personnel policies;
9. Establish a fee schedule and collect fees f or performing
background checks as t he Commissioner Authority deems appropriate.
The fees charged pursuant to this paragraph shall not exceed the
actual cost incurred for each background che ck;
10. Establish a fee schedule and collect fees for material
changes requested by the licensee; and
11. Establish regulations , which require a medical marijuana
business to submit information to the Oklahoma Medical Marijuana
Authority, deemed reasonably necessary to assist the Authority in
the prevention of diversion of medical marijuana by a license d
medical marijuana business . Such information required by the
Authority may include, but shall not be li mited to:
a. the square footage of the licensed p remises,
b. a diagram of the licensed premises,
c. the number and type of lights at the licensed medi cal
marijuana commercial grower bus iness,
d. the number, type, and production capacity of equipment
located at the medical marijuana processing facility,
e. the names, addresses, and telephone numbers of
employees or agents of a medical marijuana business,
f. employment manuals and stand ard operating procedures
for the medical marijuana business, and
ENR. H. B. NO. 3208 Page 4
g. any other information as the Authority reasonably
deems necessary; and
12. Declare and establish a moratorium on processing and
issuing new medical marijuana business licenses pursuant to Section
427.14 of this title for an amount of time the Authority deems
necessary.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.14a of Title 63, unless
there is created a duplicat ion in numbering, re ads as follows:
A. Beginning August 1, 2022, and ending August 1, 2024, the
Oklahoma Medical Marijuana Authori ty shall, based on the number of
current medical marijuana business licenses for dispensaries,
processors, and commercial growers, declare and establish a
moratorium on processing and issuing new medical marijuana business
licenses for dispensaries, processors, and commercial growers. The
Executive Director of the Authority shall be authorized to te rminate
the moratorium at any time prior to August 1, 2024, if the Execu tive
Director determines that all pending licensing reviews, inspections,
or investigations have been co mpleted by the Authority.
B. The provisions of this section shall not apply to the
renewal of a medical marijuana business license for a dispensary,
processor, or commercial grower under the provisions of Section
427.14 of Title 63 of the Oklahoma Statutes or to the issuance of a
medical marijuana business license necessitated by a change in the
ownership or location of a medical marijuana dispensary, medical
marijuana processor, or medical marijuana commerci al grower;
provided, however, the Authority shall be authorized to deny the
request for issuance of a medical marijuana business license due to
a change in ownership if the licensee is subject to any disciplinary
action that may necessitate the revocation , suspension, or
nonrenewal of the medical marijuana business license .
C. The Authority shall review and process applications for
medical marijuana busine ss licenses for dispensaries, processors,
and commercial growers if applications were received on or before
August 1, 2022.
D. The Authority shall promulgate rules as necessary to
implement the provisions of this section.
ENR. H. B. NO. 3208 Page 5
Passed the House of Represe ntatives the 17th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 19th day of May, 2022.
Presiding Officer of the S enate
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 t his _________
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: _________________________________