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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3727 By: West (Josh)
AS INTRODUCED
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 du ties; 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 follo ws:
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 pat ient
licenses and medical marijuana business licens es, 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 Act .
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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 Marijua na 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 respective powers and
perform its respective duties and funct ions as specified in 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 o n 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 compl eted
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 t he
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 and the
State Treasurer to develop good practice s and standards for banking
and finance for medical mar ijuana 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 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 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 growe r business,
d. the number, type and production capacity of equipment
located at the medical marijuana processing facility,
e. the names, addresses and t elephone numbers of
employees or agents of a medical marijuana business,
f. employment manuals and stand ard operating procedures
for the medical marijuana business, and
g. any other information as the Authority reasonably
deems necessary; and
12. Declare and establish a temporary moratorium on the
approval and issuance of new medical marijuana business licenses,
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authorized in Section 427.14 of thi s title, for an amount of time
the Authority determines necessary.
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.
58-2-8642 GRS 12/28/21