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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
COMMITTEE SUBSTITUTE
FOR
HOUSE BILL NO. 3813 By: Stinson of the House
and
Weaver of the Senate
COMMITTEE SUBSTITUTE
An Act relating to medical marijuana; ame nding 63
O.S. 2021, Section 427.4, which relates to the
Oklahoma Medical Marijuana and Patient Protection
Act; updating language; clarifying law enforcement
powers of certain employees of the Oklahoma Medic al
Marijuana Authority; allowing for the search an d
seizure of illegally held marijuana or marijuana
products; authorizing the referral of evi dence,
reports, or charges; authorizing employees of the
Authority to provide aid in certain prosecutions;
requiring Authority investigators to meet certain
training requirements and qualifications; authorizing
certain employees of the Authority to arrest
violators under specific circumstances; all owing
Executive Director of the Authority to employ or
contract for attorneys; describing du ties for
attorneys employed by the Authority; and pro viding an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.4, is
amended to read as follows:
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Section 427.4 A. The Oklahoma Medical Marijuana Authority, in
conjunction with the State Department of Health, shall employ an
Executive Director and other personnel as necessary to assist the
Authority in carrying out its duties.
B. The Authority shall not employ an indiv idual if any of the
following circumstances exist:
1. The individual has a direct or indirect interest in a
licensed medical marijuana business; or
2. The individual or his or her spouse, parent, child, spouse
of a child, sibling, or spouse of a sibling has an application for a
medical marijuana business l icense pending before the Department
Authority or is a member of the board of directors of a medical
marijuana business, or is an indi vidual financially interested in
any licensee or medical marijuana bu siness.
C. All officers and employees of the Authori ty shall be in the
exempt unclassified service as provided for in Section 840 -5.5 of
Title 74 of the Oklahoma Statutes.
D. The Commissioner may delegate to any offic er or employee of
the Department Authority any of the powers of the Executive Director
and may designate any officer or employee of the Department to
perform any of the duties of the Executi ve Director.
E. The Executive Director shal l be authorized to sug gest rules
governing the oversight an d implementation of the Oklahoma Medical
Marijuana and Patient Protection Act.
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F. The Department Authority is hereby authorized to create
employment positions n ecessary for the implementation of its
obligations pursuant to the Oklahoma Medical Marijuana a nd Patient
Protection Act including, but not limited to, Authority
investigators and a senior director of enforcement . The Department
and the Authority, the senior director of enforcement, the Executive
Director, and Department investigators of the Authority shall have
all the powers and authority of any a peace officer of this state
for the purpose of enforcing the provi sions of the Oklahoma Medical
Marijuana and Patient Protection Ac t, rules promulgated by the
Executive Director, or criminal laws of this state. These powers
shall include, but are not limited to:
1. Investigate Investigating violations or suspected violations
of the Oklahoma Medical Marijuana and Patient Protection Act and,
any rules promulgated pursu ant thereto, and any violations of
criminal laws of this state discovered through the cour se of such
investigations;
2. Serve Serving all warrants, summonses, subpoenas,
administrative citations, notices or and all other processes
relating to the enforcem ent of laws regulating medical marijuana,
marijuana concentrate, and medical marijuana product;
3. Seizing any marijuana or marijuana product held in violation
of the Oklahoma Medical Mari juana and Patient Protection Act, any
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other laws of this state, or any rules promulgated by the Executive
Director;
4. Assist Assisting or aid aiding any law enforcement officer
in the performance of his or her duties upon such law enforcement
officer's request or the request of other local officials having
jurisdiction;
4. 5. Referring any evidence, repor ts, or charges regarding
violations of any provision of the Oklahoma Medical Marijuana and
Patient Protection Act that carry criminal penalties, or any other
criminal laws of this state to the appropriate law enforcemen t
authority and prosecutorial a uthority for action;
6. Aiding the enforcement authorities of this state or any
county or municipality of the s tate, or the federal government, in
prosecutions of violations of the Oklahoma Medical Marijuana and
Patient Protection Act or any other laws of this state that carry
criminal penalties involving crimes discovered during the
investigation of violations or suspected viol ations of the Oklahoma
Medical Marijuana and Patient Protection Act, or any rules
promulgated pursuant thereto;
7. Require Requiring any business applicant or licensee to
permit an inspection of licensed premises during business hours or
at any time of apparent operation, marijuana equipment, and
marijuana accessories, or books and r ecords; and to permit the
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testing of or examination of m edical marijuana, marijuana
concentrate, or marijuana product;
5. 8. Require Requiring applicants and licensees to submit
complete and current applications, information and fees required by
the Oklahoma Medical Mariju ana and Patient Protection Act, the
Oklahoma Medical Marijuana Waste Management Act and Se ctions 420
through 426.1 of this title, and approve material changes made by
the applicant or licensee;
6. 9. Require Requiring medical marijuana business licensees to
submit a sample or unit of medical marijuana or medical marijuana
product to the qualit y assurance laboratory when the Department
Authority has reason to believe the medical marijuana or medical
marijuana product may be unsafe for patient consumption or
inhalation or has not been tes ted in accordance with the provisions
of the Oklahoma Medic al Marijuana and Patient Protection Act and the
rules and regulations of the Department promulgated by the Executive
Director. The licensee shall prov ide the samples or units of
medical marijuana or medical marijuana products at its o wn expense
but shall not be responsible for the costs of testing; and
7. 10. Require Requiring medical marijuana business licensees
to periodically submit samples or units of medical ma rijuana or
medical marijuana product s to the quality assurance lab oratory for
quality assurance purposes. Licensed growers, processors,
dispensaries, and transporters shall not be required to submit
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samples or units of medical marijuana or medical marijuan a products
more than twice a year. The licensee shall provide the samples or
units of medical marijuana or medical marijuana products at its own
expense but shall not be responsible for the costs of tes ting.
G. All investigators of the Authority shall meet all training
requirements and qualifications for peace officers as required by
Section 3311 et seq. of Title 70 of the Oklahoma Statutes.
H. During the course of an investigation, t he director of
enforcement or any investigator of the Authority, as provided in
subsection F of this section, may arrest a violator or suspected
violator of any laws of this state committed in the presence of the
director of enforcement or any investigator of the Authority, or
upon the development of proba ble cause that such crime has been
committed. The director of enforcement and any investigator of the
Authority as provided by subsection F of this section may, upon
request of a sheriff o r another peace office r of this state, or any
political subdivision thereof, assist in the apprehension and arrest
of a violator or suspected vio lator of any of the laws of this
state.
I. The Executive Director may employ or contract with
attorneys, as needed, to adv ise the Executive Director and the
Authority on all legal matte rs and appear for and represent the
Executor Director and the Authority in all administrative hearings
and all litigation or other proceedings which may arise in the
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discharge of their duties. At the request of the Executive
Director, such attorneys shall assist district attorneys in
prosecuting charges of violators of the Oklahoma Medical Marijuana
and Patient Protection Act or any other laws of this state carrying
criminal penalties involving crimes discovered during the
investigation of violations or suspected viol ations of the Oklahoma
Medical Marijuana and Patient Protection Act or any rules
promulgated pursuant thereto.
SECTION 2. This act shall become effecti ve November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 03/03/2022 - DO PASS, As Amended and Coauthored.