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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3728 By: West (Josh)
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.6, which relates to the
Oklahoma Medical Marijuana and Patient Protection
Act; deleting certain unlawful acts and relat ed
penalties; removing construing provision regarding
criminal prosecutions; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.6, is
amended to read as follows:
Section 427.6 A. The State Department of Hea lth shall address
issues related to the medical m arijuana program in Oklahoma
including, but not limited to, monitoring an d disciplinary actions
as they relate to the medica l marijuana program.
B. 1. The Department or its designee may perform on -site
inspections or investigations of a licensee or appli cant for any
medical marijuana business license , research facility, educa tion
facility or waste disposal facility to determine compliance with
applicable laws, rules and regulations or submissions made pur suant
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to this section. The Department may enter t he licensed premises of
a medical marijuana business , research facility, e ducation facility
or waste disposal facility licensee or applicant to assess o r
monitor compliance or ensure qualifications for lice nsure.
2. Post-licensure inspections shall be limited to twice per
calendar year. However, investigations and additional inspections
may occur when the Departmen t believes an investigation or
additional inspection is necessary due to a possible violation of
applicable laws, rules or regulations . The State Commissioner of
Health may adopt rules imposing penalties including, b ut not limited
to, monetary fines and suspension o r revocation of licensure fo r
failure to allow the Authority reasonable access to the licensed
premises for purposes of conducting a n inspection.
3. The Department may review relevant records of a licensed
medical marijuana business, licensed medi cal marijuana research
facility, licensed medical marijuana education facility or licensed
medical marijuana waste disposal facility , and may require and
conduct interviews with such persons or entities and persons
affiliated with such entities, for the purpose of determining
compliance with Department requirements and applicable laws , rules
and regulations.
4. The Department may refer complaints alleging criminal
activity that are made against a licensee to approp riate Oklahoma
state or local law enforcement auth orities.
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C. Disciplinary action may be taken against an applicant or
licensee for not adhering to applicable laws pursuant to the terms,
conditions and guidelines set forth i n the Oklahoma Medical
Marijuana and Patient Protection Act .
D. Disciplinary actions may include revocation, suspension or
denial of an application, license or final authorization and other
action deemed appropri ate by the Department.
E. Disciplinary actions may be imposed upon a medi cal marijuana
business licensee for:
1. Failure to comply with or satisfy any provision of
applicable laws, rules or regulat ions;
2. Falsification or misrepresentation of any mater ial or
information submitted to the Department or other licensees;
3. Failing to allow or impedin g entry by authorized
representatives of the Departmen t;
4. Failure to adhere to any acknowledgem ent, verification or
other representation made to the Depart ment;
5. Failure to submit or disclose information required b y
applicable laws, rules or regulations or otherwise requested by the
Department;
6. Failure to correct any violation of this secti on cited as a
result of a review or audit of financial records or other materials;
7. Failure to comply with requested access by the De partment to
the licensed premises or materials;
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8. Failure to pay a required monetary penalty;
9. Diversion of medical marijuana or any medical marijuana
product, as determined by the Department;
10. Threatening or harming a medical marijuana patient
licensee, caregiver licensee , a medical practitioner or an employee
of the Department; and
11. Any other basis indic ating a violation of the applicable
laws and regulations as identif ied by the Department.
F. Disciplinary actions against a licensee may inc lude the
imposition of monetary penalties, which m ay be assessed by the
Department. The Department may suspend or revoke a license for
failure to pay any monetary penalty lawfully a ssessed by the
Department against a licensee.
G. Penalties for sales or purchases by a medical marijuana
business to persons other than those allowed b y law occurring within
any two-year time period may include an initial fine of One Thousand
Dollars ($1,000.00) for a first violation and a fine of Five
Thousand Dollars ($5,000. 00) for any subsequent violation .
Penalties for grossly inaccurate or fraudul ent reporting occurring
within any two-year time period may include an initial fine of Five
Thousand Dollars ($5,000.00) for a first violation and a fine of Ten
Thousand Dollars ($10,000.00) for any subsequent violation . The
medical marijuana business may be subject to a revocation of any
license granted pursuant t o the Oklahoma Medical Marijuana and
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Patient Protection Act upon a showing that the violation was willful
or grossly negligent.
H. 1. First offense for intentional a nd impermissible
diversion of medical marijuana, concentrate, or products by a
patient or caregiver to an unauthorized person shall not be punished
under a criminal statute but may be subject to a fine of T wo Hundred
Dollars ($200.00).
2. The second offense for impermissible diversi on of medical
marijuana, concentrate, or products by a patient or caregiver to an
unauthorized person sh all not be punished under a criminal statute
but may be subject to a fine of not to exceed Five Hundred Dollars
($500.00) and may result in revocation o f the license upon a showing
that the violation was willful or grossly negligent.
I. The intentional diversion of medical marijuana, medical
marijuana concentrate or medical mar ijuana products by a licensed
medical marijuana patient or caregiver, medical marijuana business
or employee of a medical marijuana business to an unauthorized minor
person who the licensed medical marijuana patient or caregiver,
medical marijuana business or employee of a medical marijuana
business knew or reasonably should have kn own to be a minor person
shall be subject to a cite and release citation and, upon a finding
of guilt or a plea of no contest, a fine of Two Thousand Five
Hundred Dollars ($2,500 .00). For a second or subsequent offense,
the licensed medical marijuana patient or caregiver, medical
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marijuana business or employee of a medical marijuana business shall
be subject to a cite and release citation and, upon a finding of
guilt or a plea of no contest, a fine of Five Thousand Dollars
($5,000.00) and automatic termina tion of the medical marijuana
license.
J. Nothing in this section shall be construed to prevent the
criminal prosecution, after the presentation of evidence and a
finding beyond a reasonable doubt, of a licensed medical marijuana
patient or caregiver, med ical marijuana business or empl oyee of a
medical marijuana business who has diverted medical marijuana,
medical marijuana concentrate or medical marijuana products to an
unauthorized person with the intent or knowledge that the
unauthorized person was to e ngage in the distribution or tr afficking
of medical marijuana, medical marijuana concentrate or medical
marijuana products.
K. In addition to any other remedies provided for by law, the
Department, pursuant to its rules and reg ulations, may issue a
written order to any licensee the De partment has reason to believe
has violated Sections 420 through 426.1 of this title, the Oklahoma
Medical Marijuana and Patient Protection Act, the Oklahoma Medical
Marijuana Waste Management Act, or any rules promulgated by the
State Commissioner of Heal th and to whom the Department has served,
not less than thirty (30) days p reviously, a written notice of
violation of such statutes or rules.
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1. The written order shall state with specificity the n ature of
the violation. The Department may impose any disciplinary action
authorized under the provisions of this section including , but not
limited to, the assessment of monetary penalties.
2. Any order issued pursuant to the provisions of this section
shall become a final order u nless, not more than thirty (30) days
after the order is served to the licensee, the licensee requests a n
administrative hearing in accordance with the rules and regulations
of the Department. Upon such request, the Department shall promptly
initiate administrative proceedings.
L. I. Whenever the Department finds that an emergency exists
requiring immediate a ction in order to protect the health or welfare
of the public, the Depa rtment may issue an order, without providing
notice or hearing, stating the ex istence of said emergency and
requiring that action be taken as the Department deems necessary to
meet the emergency. Such action may include, but is not limited to,
ordering the licensee to immediately cease and desist operations by
the licensee. The order shall be effective immedia tely upon
issuance. Any person to whom the order is directed shall comply
immediately with the provisions of the order . The Department may
assess a penalty not to exceed Ten Thousand Dollars ($10,000 .00) per
day of noncompliance with the order. In assessing such a penalty,
the Department shall consider the seriousness of the vio lation and
any efforts to comply with applicable requirements . Upon
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application to the Department, the licensee shall be of fered a
hearing within ten (10) days of the issuance of the order.
M. J. All hearings held pursuant to this section shall be in
accordance with the Oklahoma Administrative Procedures Act.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8643 GRS 01/03/22