An Act
ENROLLED HOUSE
BILL NO. 3439 By: Kerbs of the House
and
Kidd of the Senate
An Act relating to industrial hemp; amending 2 O.S.
2021, Sections 3-402, 3-403, and 3-408, which relate
to the Oklahoma Industrial Hemp Program; modifying
definitions; allowing licensee to remediate
noncompliant industrial hemp; providing guidelines
for location of remediation testing and time frame;
providing that licensee may sell industrial hemp
grain and other industrial hemp derivatives ;
providing that for certain delta-9
tetrahydrocannabinol concentration testing levels the
licensee shall not be subject to any penalty if the
crop is destroyed or reme diated; amending 63 O.S.
2021, Section 2-101, as amended by Section 1, Chapter
222, O.S.L. 2021, which relates to the Uniform
Controlled Dangerous Substances Act; modifying the
definition of tetrahydrocannabinols to include
industrial hemp; and declar ing an emergency.
SUBJECT: Industrial hemp
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 3 -402, is
amended to read as follows:
Section 3-402. As used in the Oklahom a Industrial Hemp Program:
1. "Department" means the Oklahoma Department of Agriculture,
Food, and Forestry;
ENR. H. B. NO. 3439 Page 2
2. "Fiber" means the stalk of the industrial hemp plant and
does not include the flower or seeds of the plant;
3. "Flower" means the part of the industrial hemp plant that
contains the majority of the industrial hemp plant's
tetrahydrocannabinol and other cannabino ids;
4. "Grain" means all of the parts of an industrial hemp plant
except the stalk or the flower of the industrial hemp plant;
5. "Handling" means possessing or storing industrial hemp for
any period of time on premises owned, operated or controlled by a
person licensed to cultivate or process industrial hemp and al so
includes possessing or storing industrial he mp in a vehicle for any
period of time other than during its actual transport from the
premises of a licensed person to cultivate or process industrial
hemp to the premises of another licensed person;
3. 6. "Industrial hemp" means the plant Cannabis sativ a L. and
any part of the plant, including the seeds thereof, and all
derivatives, extracts, cannabinoids, isomers, acids, salts and salts
of isomers, whether growing or not, with a delta -9
tetrahydrocannabinol concentration of not more than three -tenths of
one percent (0.3%) on a dry-weight basis;
4. 7. "Licensee" means a person who holds a valid Industrial
Hemp License to grow industrial hemp under the Oklahoma Industrial
Hemp Program. A licensee shall have the ability to remediate
noncompliant industrial hemp with a delta-9 tetrahydrocannabinol
concentration of not more than one percent (1.0%) on a dry-weight
basis for retesting as set forth by the Department as long as the
noncompliant industrial hemp has a delta-9 tetrahydrocannabinol
concentration of not more than three-tenths of one percent (0.3%) on
a dry-weight basis after retesting, and the option to remediate the
industrial hemp through the reasonable destruction of the flower or
shredding of the entire lot into a homogeneous biomass results in
the remediation of any par t of the industrial hemp plant that is
above three-tenths of one percent (0.3%) on a dry-weight basis. All
noncompliant hemp must be tracked and documented. The State Board
of Agriculture shall have jurisdiction over such remediation, which
includes, but is not limited to, destruction through composting,
burning, or other regulated disposal methods if the industrial hemp
is not remediated into a final product before processing below
three-tenths of one percent (0.3%) on a dry -weight basis;
ENR. H. B. NO. 3439 Page 3
5. 8. "License" means authorization by the Department for any
person to grow and cultivate industrial hemp on a registered land
area as part of the Oklahoma Industrial Hemp Program; and
6. 9. "Processing" means converting industrial hemp into a
marketable form, including the production of all derivatives,
extracts, cannabinoids, isomers, acids, salts and salts of isomers.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 3 -403, is
amended to read as follows:
Section 3-403. A. 1. A licensee is authorized to engage in
the growth, cultivation, handling or processing of industrial hemp
and may remediate noncompliant industrial hemp with a delta-9
tetrahydrocannabinol concentration of not mo re than one percent
(1.0%) on a dry-weight basis and prepare for retesting as set forth
by the Department as long as the noncompliant industrial hemp has a
delta-9 tetrahydrocannabinol concentration of not more than three -
tenths of one percent (0.3%) on a dry-weight basis after re testing,
or all or part of the product is disposed of in the process of
remediation so that only a compliant product (with a delta-9
tetrahydrocannabinol concentration of not more than three -tenths of
one percent (0.3%) on a dry -weight basis) is left, or all disposable
waste is destroyed follow ing a remediation process.
2. A remediation facility shall be an option of the remediation
process. The licensee may remediate any noncompliant industrial
hemp at its own facilities, affiliated facilities, or third -party
facilities as long as these facil ities are licensed and approved by
the State Board of Agriculture as a remediation facility. The State
Board of Agriculture shall be notified before any non compliant
industrial hemp is transported to a remediation facility. Retesting
of any noncompliant industrial hemp shall be done within sixty (60)
days post-harvest. Within seven (7) days of receiving notice of a
measured tetrahydrocannabinol concentration that exceeds the
acceptable hemp tetrahydrocannabinol level but is less than one
percent (1.0%), the licensed grower shall consent to the destruction
of all cannabis from that lot, or he or she may request remediation
and a post-harvest retest in a homogenized form in accordance with
the procedures established by the State Board of Agriculture. A
measured tetrahydrocannabinol concentration that exceeds one percent
(1.0%) shall require the licensed grower to properly dispose of all
cannabis from that lot. The retest fee shall be paid in an amount
established by the State Board of Agriculture. Samples with a
measured tetrahydrocannabinol concentration of one percent (1.0%) or ENR. H. B. NO. 3439 Page 4
greater shall not be eligible for a post-harvest retest or
remediation and shall be destroye d.
3. Licensees are allowed to sell industrial hemp grain and
other industrial hemp derivatives that are either grown or processed
in this state, that do not include the flower, for the purpose of
livestock feed and other animal consumption in this state.
B. The activities performed under the Oklahoma Industrial Hemp
Program shall not subject the persons participating in the program
to criminal liability under the Uniform Controlled Dangerous
Substances Act. The exemption from criminal liability pr ovided for
in this subsection is a limited exemption that shall be strictly
construed and shall not apply to an activity that is not expressly
permitted under the Okl ahoma Industrial Hemp Program.
SECTION 3. AMENDATORY 2 O.S. 2021 , Section 3-408, is
amended to read as follows:
Section 3-408. A. The Department may deny, revoke or suspend a
license if the licensee:
1. Violates any provision of the Oklahoma Industrial Hemp
Program or rules adopted pursuant to the program;
2. Engages in fraud or deception in the procurement of or
attempt to procure a license under this the Oklahoma Industrial Hemp
Program or provides false information on a license application;
3. Refuses or fails to cooperate and assist the Department with
the inspection process;
4. Refuses or fails to provide any information required or
requested by the Department for purposes of the Oklahoma Industrial
Hemp Program;
5. Knowingly provides false, misleading or incorrect
information pertaining to the licensee's cultivation, handling or
processing of industrial hemp to the Department by any means,
including information provided in any application form, report,
record or inspection required or maintained for purposes of the
Oklahoma Industrial Hemp Program;
6. Fails to submit any report required by the Oklahoma
Industrial Hemp Program; or ENR. H. B. NO. 3439 Page 5
7. Fails to pay fees required by the Oklahoma Industrial Hemp
Program.
B. 1. A licensee that negligently violates the provisions of
the Oklahoma Industrial Hemp Program shall not be subject to a
criminal enforcement action If a sample of a licensee's industrial
hemp tests higher than three-tenths of one percent (0.3%) but less
than one percent (1.0%) on a dry-weight basis for delta-9
tetrahydrocannabinol concentration, the licensee shall not be
subject to any penalty under the Oklahoma Industrial Hemp Program if
the crop is destroyed or remediated.
2. A licensee that negligently violates the prov isions of the
Oklahoma Industrial Hemp Program th ree times in any five-year period
shall be ineligible to obtain a license pursuant to the Oklahoma
Industrial Hemp Program for a period of five (5) years beginning on
the date of the third violation.
C. Any person convicted of a felony relating to a contr olled
substance under state or federal law shall be ineligible during the
ten-year period following the date of conviction to participate in
this program.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 2-101, as
amended by Section 1, Chapter 222, O.S.L. 2021, is amended to read
as follows:
Section 2-101. As used in the Uniform Controlled Dangerous
Substances Act:
1. "Administer" means the direct application of a controlled
dangerous substance, whether by injection, inhalation, ingestion or
any other means, to the body of a patient, animal or rese arch
subject by:
a. a practitioner (or, in the presence of the
practitioner, by the authorized agent of the
practitioner), or
b. the patient or research subject at the direction and
in the presence of the practitioner;
2. "Agent" means a peace officer app ointed by and who acts o n
behalf of the Director of the Oklahoma State Bureau of Narcotics and ENR. H. B. NO. 3439 Page 6
Dangerous Drugs Control or an authorized p erson who acts on behalf
of or at the direction of a person who manufactures, distrib utes,
dispenses, prescribes, admin isters or uses for scien tific purposes
controlled dangerous substances but does not include a common or
contract carrier, public warehous er or employee thereof, or a person
required to register under the Uniform Controlled Dangerous
Substances Act;
3. "Board" means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. "Bureau" means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
5. "Coca leaves" includes cocaine and any compound,
manufacture, salt, deri vative, mixture or preparation of coca
leaves, except derivatives of coca leaves which do not contain
cocaine or ecgonine;
6. "Commissioner" or "Director" means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous D rugs Control;
7. "Control" means to add, remove or change the placement of a
drug, substance or immediate precursor under the Uniform Co ntrolled
Dangerous Substances Act;
8. "Controlled dangerous substance " means a drug, substance or
immediate precursor in Schedules I through V of the Uniform
Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed either t emporarily or permanently as a
federally controlled substance. Any conflict between state and
federal law with regard to the particular schedu le in which a
substance is listed shall be resolved in favor of state law;
9. "Counterfeit substance" means a controlled substance which,
or the container or labeling of which without authorization , bears
the trademark, trade name or other identifying mar ks, imprint,
number or device or any likeness thereof of a manufacturer,
distributor or dispenser other than the person who in fact
manufactured, distributed or dispensed the substance;
10. "Deliver" or "delivery" means the actual, constructive or
attempted transfer from one person to another of a controlled
dangerous substance or drug paraphernalia, whether or not there is
an agency relationship; ENR. H. B. NO. 3439 Page 7
11. "Dispense" means to deliver a controlled danger ous
substance to an ultimate user or human research subjec t by or
pursuant to the lawful order of a practitioner, including the
prescribing, administering, packaging, labe ling or compounding
necessary to prepare the substance for such distribution.
"Dispenser" is a practitioner who delive rs a controlled dangerou s
substance to an ultimate user or human research subject;
12. "Distribute" means to deliver other than by admin istering
or dispensing a controlled dangerous substance;
13. "Distributor" means a commercial entity engaged in the
distribution or reverse di stribution of narcotics and dangerous
drugs and who complies with all regulations promulgated by the
federal Drug Enforcement Administration and the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control;
14. "Drug" means articles:
a. recognized in the official United States Pharmacopeia,
official Homeopathic Pharmacopoeia of the United
States, or official N ational Formulary, or any
supplement to any of them,
b. intended for use in the diagn osis, cure, mitigation,
treatment or prevention of disease in man or other
animals,
c. other than food, intended to affect the structure or
any function of the body of man or other animals, and
d. intended for use as a component of any article
specified in this paragraph;
provided, however, the term "drug" does not include devices or their
components, parts or accessories;
15. "Drug-dependent person" means a person who i s using a
controlled dangerous substance and who is in a state of psychic or
physical dependence, or both, arising from a dministration of that
controlled dangerous substance on a continuous basis. Drug
dependence is characterized by behavioral and other r esponses which
include a strong compulsion to take the substance on a continuous ENR. H. B. NO. 3439 Page 8
basis in order to experience its psychic effects, or to avoid th e
discomfort of its absence;
16. "Home care agency" means any sole proprietorship,
partnership, association, corporation, or other organization which
administers, offers, or provides home care serv ices, for a fee or
pursuant to a contract for such service s, to clients in their place
of residence;
17. "Home care services" means skilled or personal care
services provided to clients in their place of residence for a fee;
18. "Hospice" means a centrally administered, nonprofit or for -
profit, medically direct ed, nurse-coordinated program which provides
a continuum of home and inpatient care for the terminally ill
patient and the patient's family. Such term shall also include a
centrally administered, n onprofit or for-profit, medically directed,
nurse-coordinated program if such program is licensed pursuant to
the provisions of the Uniform Controlled Dangerous Subst ances Act.
A hospice program offers palliative and supportive care to meet the
special needs arising out of the physical, e motional and spiritual
stresses which are experienced during the final stages of illness
and during dying and bereavement. This car e is available twenty-
four (24) hours a day, seven (7) days a week, and is provided on the
basis of need, regardless of abil ity to pay. "Class A" Hospice
refers to Medicare-certified hospices. "Class B" refers to all
other providers of hospice services;
19. "Imitation controlled substance" means a substance that is
not a controlled dangerous substance, which by dosage unit
appearance, color, shape, size, markings or by representations made,
would lead a reasonable person to believe that the substance is a
controlled dangerous substance. In the event the appearance of the
dosage unit is not r easonably sufficient to establish that the
substance is an "imitation controlled substance", the court or
authority concerned should consider, in addition to all oth er
factors, the following factors as related to "representations made"
in determining wheth er the substance is an "imitation controlled
substance":
a. statements made by an owner or by any other person in
control of the substance concerning the nature of the
substance, or its use or effect,
ENR. H. B. NO. 3439 Page 9
b. statements made to the recipient that the substance
may be resold for inordinate profi t,
c. whether the substance is packaged in a manner normally
used for illicit controlled substances,
d. evasive tactics or actions utilized by the owner or
person in control of the substance to avoid detection
by law enforcement authorities,
e. prior convictions, if any, of an ow ner, or any other
person in control of the object, under state or
federal law related to controlled substances or fraud,
and
f. the proximity of the substances to controlled
dangerous substances;
20. "Immediate precursor" means a substance which the Direc tor
has found to be and by regulation designates as being the principal
compound commonly used or produced primarily for use, and which is
an immediate chemical intermediary used, or likely to be us ed, in
the manufacture of a contro lled dangerous substance , the control of
which is necessary to prevent, curtail or limit such manufacture;
21. "Laboratory" means a laboratory approved by the Director as
proper to be entrusted with the custody of control led dangerous
substances and the u se of controlled dangero us substances for
scientific and medical purposes and for purposes of instruction;
22. "Manufacture" means the production, preparation,
propagation, compounding or processing of a controlled danger ous
substance, 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. "Manufacturer" includes any person who pac kages,
repackages or labels any co ntainer of any controlle d dangerous
substance, except practitioners who dispense or compound
prescription orders for delivery to the ultimate consumer;
23. "Marijuana" means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds ther eof; the resin extracted
from any part of such plant; and every compound, manufacture, salt,
derivative, mixture or preparation of such plant, its seeds or
resin, but shall not include: ENR. H. B. NO. 3439 Page 10
a. the mature stalks of such plant o r fiber produced from
such stalks,
b. oil or cake made fro m the seeds of such plant,
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, manufacture, salt, derivative,
mixture or preparation of such mature stalks (ex cept
the resin extracted therefrom ), including cannabidiol
derived from mature stalks, fiber, oil or cake,
d. the sterilized seed of such plant which is incapable
of germination,
e. for any person participating in a clinical trial to
administer cannabidiol for the treatment of severe
forms of epilepsy pursuant to Section 2-802 of this
title, a drug or substance approved by the federal
Food and Drug Administration for use by those
participants,
f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licensed in this state
that the person has been diagnosed by a physician as
having Lennox-Gastaut syndrome, Dravet syndrome, also
known as severe myoclonic epilepsy of infancy, or any
other severe form of epilepsy tha t is not adequately
treated by traditional medical therapies, spasticity
due to multiple sclerosis or due to paraplegia,
intractable nausea and vomiting, appetite stimulation
with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive canna binoid, found in
the plant Cannabis sativa L. or any other preparation
thereof, that has a tetrahydrocannabinol concentration
of not more than three-tenths of one percent (0.3%)
and that is delivered to the patient in the form of a
liquid,
g. any federal Food-and-Drug-Administration-approved drug
or substance, or
ENR. H. B. NO. 3439 Page 11
h. industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or not, with a
delta-9 tetrahydrocannabinol concentration of not more
than three-tenths of one percent (0.3%) on a dry
weight dry-weight basis which shall only be grown
pursuant to the Oklahoma Industrial Hemp Program and
may be shipped intrastate and interstate;
24. "Medical purpose" means an intention to utilize a
controlled dangerous substance for physical or mental treatment, for
diagnosis, or for the prevention of a disease condition not in
violation of any state or federal law and not for the purpose of
satisfying physiological or psychological dependence or other abuse;
25. "Mid-level practitioner" means an Advanced Practice
Registered Nurse as defined and within parameters specified in
Section 567.3a of Title 59 of the Oklahoma Statutes, or a certified
animal euthanasia technician as defined in Section 698.2 of Title 59
of the Oklahoma Statutes, or an anim al control officer regis tered by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
under subsection B of Section 2-301 of this title within the
parameters of such officer's duties under Sections 501 throug h 508
of Title 4 of the Oklahoma S tatutes;
26. "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from substances of
vegetable origin, or independently b y means of chemical synthesis,
or by a combination of e xtraction and chemical synthesis:
a. opium, coca leaves an d opiates,
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or opiates,
c. cocaine, its salts, optical and geo metric isomers, and
salts of isomers,
d. ecgonine, its derivatives, their salts, isomers and
salts of isomers, an d
e. a substance, and any compound, manufacture, salt,
derivative or preparation thereof, which is chemically
identical with any of the substan ces referred to in
subparagraphs a through d of this pa ragraph, except
that the words "narcotic drug" as used in Section 2- ENR. H. B. NO. 3439 Page 12
101 et seq. of this title shall not include
decocainized coca leaves or extracts of coca leaves,
which extracts do not contain cocain e or ecgonine;
27. "Opiate" or "opioid" means any Schedule II, III, IV or V
substance having an addiction-forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a
drug having such addiction-forming or addiction -sustaining
liability. The terms do not include, unless specifically designated
as controlled under the Uniform Co ntrolled Dangerous Substances Act,
the dextrorotatory isomer of 3-methoxy-n-methyl-morphinan and its
salts (dextromethorphan). The terms do in clude the racemic and
levorotatory forms;
28. "Opium poppy" means the plant of the speci es Papaver
somniferum L., except the seeds thereof;
29. "Peace officer" means a police officer, sheriff, deputy
sheriff, district attorney's investigator, investigato r from the
Office of the Attorney General, or any other person elected or
appointed by law to enforce any of the criminal laws of this state
or of the United States;
30. "Person" means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or association, or any other legal ent ity;
31. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing;
32. "Practitioner" means:
a. (1) a medical doctor or osteopathic physicia n,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
(5) a veterinarian,
(6) a physician assistant or Advanced Practice
Registered Nurse under the supervision of a
licensed medical doctor or osteopathic physician, ENR. H. B. NO. 3439 Page 13
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwise perm itted to
prescribe, distribute, di spense, conduct research with
respect to, use for scientific purposes or administer
a controlled dangerous substance in the course of
professional practice or research in this state, or
b. a pharmacy, hospital, laboratory or other institution
licensed, registered or otherwise per mitted to
distribute, dispense, conduct research with respect
to, use for scientific purposes or administer a
controlled dangerous substance in the course of
professional practice or research in thi s state;
33. "Production" includes the manufacture, plant ing,
cultivation, growing or harvesting of a controlled dangerous
substance;
34. "State" means the State of Oklahoma or any other state of
the United States;
35. "Ultimate user" means a person who lawfully possesses a
controlled dangerous substance for t he person's own use or for the
use of a member of the person's household or for administration to
an animal owned by the person or by a member of the person's
household;
36. "Drug paraphernalia" means all equipment, products and
materials of any kind whic h are used, intended for use, or fashioned
specifically for use in planting, propagating, cultivating, growing,
harvesting, manufacturing, comp ounding, converting, producing,
processing, preparing, testing, analyzing, packaging, rep ackaging,
storing, containing, concealing, injecting, ingesting, inhaling or
otherwise introducing into the human body, a controlled dangerous
substance in violation o f the Uniform Controlled Dangerous
Substances Act inclu ding, but not limited to:
a. kits used, intended for use, or fashioned specifically
for use in planting, propagating, cultivating, growing
or harvesting of any species of plant which is a ENR. H. B. NO. 3439 Page 14
controlled dangerous substance or from which a
controlled dangerous substance can be derived,
b. kits used, intended for use, or fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing or preparing controlled
dangerous substances ,
c. isomerization devices used, intended for use, or
fashioned specifically for use in i ncreasing the
potency of any species of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in identifying, or in analyzing
the strength, effectiv eness or purity of controlled
dangerous substances,
e. scales and balances used, intended for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
f. diluents and adulterants, such as quinine
hydrochloride, manni tol, mannite, dextrose and
lactose, used, intended for use , or fashioned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or r efining,
marijuana,
h. blenders, bowls, containers, spoons and mixing devices
used, intended for use, or fashioned specifically for
use in compounding controlled dange rous substances,
i. capsules, balloons, envelopes and o ther containers
used, intended for use, or fashioned speci fically for
use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intended for use,
or fashioned specifically for use in parenterally ENR. H. B. NO. 3439 Page 15
injecting controlled dangerous substances in to the
human body,
k. hypodermic syringes, needles and other objects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dan gerous substances
into the human body,
l. objects used, intended for use, or fashioned
specifically for use in in gesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent
screens, hashish heads or punctured me tal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette, that has
become too small or too short to be held in the
hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and ENR. H. B. NO. 3439 Page 16
n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled dangerous
substance as defined in this section or any other
substances not legal for possession or use;
provided, however, the term "drug paraphernalia" shall not include
separation gins intended for use in preparing tea or spice, clamps
used for constructing electrical equipme nt, water pipes designed for
ornamentation in which no detectable amount of an illegal su bstance
is found or pipes designed and used solely for smoking tobacco,
traditional pipes of an American Indian tribal religious ceremony,
or antique pipes that are th irty (30) years of age or older;
37. a. "Synthetic controlled substance" means a substance:
(1) the chemical structure of which is substantially
similar to the chemical structure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on the cent ral nervous
system that is substan tially similar to or
greater than the stimulant, depressant or
hallucinogenic effect on the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the
central nervous system that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the
central nervous system of a controlled dangerous
substance in Schedule I or II.
b. The designation of gamma butyrolactone or any other
chemical as a precursor, pursuant to Section 2-322 of
this title, does not preclude a findin g pursuant to
subparagraph a of this paragraph that the chemical is
a synthetic controlle d substance.
c. "Synthetic controlled substance" does not include: ENR. H. B. NO. 3439 Page 17
(1) a controlled dangerous substance,
(2) any substance for which there is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in eff ect for
investigational use, for that person under the
provisions of Section 505 of the Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent conduct
with respect to such subst ance is pursuant to
such exemption, or
(4) any substance to the extent not intended for
human consumption before such an exemption takes
effect with respect to that substance.
d. Prima facie evidence t hat a substance containing
salvia divinorum has been en hanced, concentrated or
chemically or physically altered s hall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
38. "Tetrahydrocannabinols" means all substances that have been
chemically synthesized to emulate the tetrahydrocannabinols of
marijuana, specifically including any tetrahydrocannabinols derived
from industrial hemp;
39. "Isomer" means the optical isomer, except as used in
subsections C and F of S ection 2-204 of this title and paragraph 4
of subsection A of Section 2-206 of this title. As used in
subsections C and F of Section 2-204 of this title, "isomer" means
the optical, positional or geometric isomer. As used in paragraph 4
of subsection A of Section 2-206 of this title, the term "isomer"
means the optical or geometric isomer;
40. "Hazardous materials" means materials, whether solid,
liquid or gas, which are toxic to human, animal, aquatic or plant
life, and the disposal of which materials i s controlled by state or
federal guidelines;
41. "Anhydrous ammonia" means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia; ENR. H. B. NO. 3439 Page 18
42. "Acute pain" means pain, whether resulting from disease,
accidental or intentional t rauma or other cause, that the
practitioner reasonably expects to last only a short perio d of time.
"Acute pain" does not include chronic pain, pain being treated as
part of cancer care, hospice or other end-of-life care, or pain
being treated as part of palliative care;
43. "Chronic pain" means pain that persists beyond the usual
course of an acute disease or heal ing of an injury. "Chronic pain"
may or may not be associated with an acute or chronic pathologic
process that causes continuous or intermitte nt pain over months or
years;
44. "Initial prescription" means a prescription issued to a
patient who:
a. has never previously been issued a prescription for
the drug or its pharmaceutical equivalent in the past
year, or
b. requires a prescription for the drug or its
pharmaceutical equivalent due to a surgica l procedure
or new acute event and has previously had a
prescription for the drug or its pharmaceutical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or its pharmaceutical equivalent, th e
practitioner shall consult with the patient and review t he medical
record and prescription monitoring information of the patient;
45. "Patient-provider agreement" means a written contract or
agreement that is executed between a practitioner and a patien t,
prior to the commencement of tr eatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of development of physical
or psychological dependence in the patient and pre vent
the possible development of addiction,
b. document the understanding of both the pra ctitioner
and the patient regarding the patient-provider
agreement of the patient,
ENR. H. B. NO. 3439 Page 19
c. establish the rights of the patient in association
with treatment and the obligat ions of the patient in
relation to the responsible use, discontinuation of
use, and storage of opioid drugs, including any
restrictions on the refill of prescriptions or the
acceptance of opioid prescriptions from practitioners,
d. identify the specific me dications and other modes of
treatment, including physical therapy or exercise,
relaxation or psychological c ounseling, that are
included as a part of the patient-provider agreement,
e. specify the measures the practitioner may employ to
monitor the compliance of the patient including, but
not limited to, rand om specimen screens and pill
counts, and
f. delineate the process for terminating the agreement,
including the consequences if the practitioner has
reason to believe that the patient is not complying
with the terms of the agreement. Compliance with the
"consent items" shall constitute a v alid, informed
consent for opioid therapy. The practitioner shall be
held harmless from civil litigation for failure to
treat pain if the event occurs because of nona dherence
by the patient with any of the provisions of t he
patient-provider agreement;
46. "Serious illness" means a medical illness or physical
injury or condition that substantially affects quality of life for
more than a short period of time. "Serious illness" includes, but
is not limited to, Alzheimer 's disease or related dementias, lung
disease, cancer, heart failure, renal failure, liver failure or
chronic, unremitting or intractable pain such as neuropathic pain;
and
47. "Surgical procedure" means a procedure that is performed
for the purpose of struct urally altering the human body by incision
or destruction of tissues as part of the practice of medicine. This
term includes the diagnostic or therapeutic treatment of conditions
or disease processes by use of instruments such as lasers,
ultrasound, ionizing, radiation, scalpels, probes o r needles that
cause localized alteration or transportation of live human tissue by
cutting, burning, vaporizing, freezing, suturing, probing or
manipulating by closed reduction for major dislocations or ENR. H. B. NO. 3439 Page 20
fractures, or otherwise altering by any mechanical, thermal, light-
based, electromagnetic or chemical means.
SECTION 5. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by r eason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. H. B. NO. 3439 Page 21
Passed the House of Representatives the 10th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 19th day of April, 2022.
Presiding Officer of the Se nate
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 th is _________
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: _________________________________