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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3530 By: Hardin (David)
AS INTRODUCED
An Act relating to public health and safety; amending
63 O.S. 2021, Section 427.3, which relates to the
Oklahoma Medical Marijuana Authority; providing for
local law enforcement programs; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.3, is
amended to read as foll ows:
Section 427.3 A. There is hereby created the Oklahoma Medical
Marijuana Authority within the State Department of Health which
shall address issues related to the medical marijuana program in
Oklahoma including, but not limited to, the issuance of pa tient
licenses and medical marijuana business licenses, and the
dispensing, cultivating, processing, testing, transporting, storage,
research, and the use of and sale of medical marijuana pursuant t o
the Oklahoma Medical Marijuana and Patient Protection Ac t.
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B. The Department shall provide support staff to perform
designated duties of the Authority . The Department shall also
provide office space for meetings of the Authority.
C. The Department shall im plement the provisions o f the
Oklahoma Medical Mariju ana and Patient Protection Act consistently
with the voter-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 shall exercise its respectiv e powers and
perform its respective duties and functions as specified i n the
Oklahoma Medical Marijuana 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 research on marijuana and
marijuana products is being conducted for public purposes, including
the advancement of:
a. public health policy and public safety poli cy,
b. agronomic and horticultural best practices, an d
c. medical and pharmacopoeia best practices;
2. Contract with third-party vendors and other governmental
entities in order to carry out the respective duties and functions
as specified in the Oklahoma Medical Marijuana and Patient
Protection Act;
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3. Upon complaint or upon its own motion and upon a completed
investigation, levy fines as prescribed i n 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 disciplinary or contested
cases considered by the Department;
5. Apply for injunctive or declaratory relief 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
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 the
production, sale and use of marijuana in Oklahoma does not violate
federal law, work with the Oklahoma State Banking Department an d the
State Treasurer to develop good practice s and standards for banking
and finance for medical marijuana businesses;
8. Establish internal control procedures for licenses including
accounting procedures, reporting procedures and personnel policies;
9. Establish a fee schedule and collect fees f or performing
background checks as the Commissioner deems appropriate . The fees
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charged pursuant to this paragraph shall not exceed the actual cost
incurred for each background check;
10. Establish a fee sched ule 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 Aut hority in
the prevention of diversion of m edical marijuana by a licensed
medical marijuana business . Such information required by the
Authority may include, but shall not be limited to:
a. the square footage of the licensed premise s,
b. a diagram of the licensed premises,
c. the number and type of lights at the licensed medical
marijuana commercial grower business,
d. the number, type and production capacity of equipment
located at the medical marijuana processing facility,
e. the names, addresses and tele phone numbers of
employees or agents of a medical marijuana business,
f. employment manuals and standard operating procedures
for the medical marijuana business, and
g. any other information as the Authority reasonably
deems necessary; and
12. Establish programs and provide funding, from the available
fiscal resources of the Authority, to support county sheriffs to
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enforce the requirements of stat e law with respect to the commercial
growth of medical ma rijuana or other related business activity for
which a license is required pursuant to the provisions of law
governing the production, cultivation, transportation, distribution,
sale, or other actions related to m edical marijuana.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage an d approval.
58-2-9490 MAH 01/19/22