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SENATE FLOOR VERSION
April 14, 2022
AS AMENDED
ENGROSSED HOUSE
BILL NO. 3971 By: Burns, West (Josh) and
McDugle of the House
and
Leewright of the Senate
[ medical marijuana - employ secret shoppers for
certain purpose - compliance tests - annually
inspect minimum number of licensed medical marijuana
dispensaries - verification of certain laboratory
results - disciplinary actions - evaluation of
investigative results - codification - effective
date ]
BE IT ENACTED BY THE PEOP LE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of l aw to be codified
in the Oklahoma Statutes as Section 427.25 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Medical Marijuana Authority shall implement
rules to employ secret shoppers. Secret shoppers shall purchase
medical marijuana or marijuana products from licensed medical
marijuana dispensaries.
B. For each purchase, the secret shopper shall buy an amount of
medical marijuana or marijuana products sufficient for five complete
compliance tests. Four samples shall be tested by licensed medical
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marijuana testing laboratories, one of which shall be the laboratory
of origin, if applicable . One sample shall be kept in reserve by
the Authority in the event of a discrepancy be tween the testing
laboratories, which may require retesting of the medical marijuana
or marijuana products. When making purchases from a licensed
medical marijuana di spensary, the secret shopper shall ask for the
certificate of analysis for each product purchased.
C. The secret shopper shall deliver the medical marijuana or
marijuana products to a quality assurance laboratory for
homogenization. Once the samples have been homogenized, the samples
shall be delivered to four randomly selected licensed medical
marijuana testing laboratories for compliance testing which shall
include the testing for pesticides, heavy metals, microbials,
residual solvents for extracted products , and potency. One sample
shall be kept by the Authority in reserve. If the medical marijuana
or marijuana products were previously tested with available results
from a licensed medical marijuana testing laboratory, that testing
laboratory shall be one of the four licensed medical marijuana
testing laboratories chosen by the Authority. For the avoidance of
doubt, neither the licensed medical marijuana dispensary nor the
licensed medical marijuana testing laboratory shall be told that the
business entity is selling medical marijuana or marijuana products
to a secret shopper or testing samples submitted by a s ecret shopper
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employed by the Authority and posing as a licensed medical marijuana
patient.
D. The Authority shall inspect, by secret shopper, a minimum of
fifty licensed medical marijuana dispensaries annually beginning
January 1, 2023. In the year 2025, the Authority shall inspect, by
secret shopper, a minimum of ten percent (10%) of randomly selected
licensed medical marijuana dispensaries in Oklahoma per year.
E. 1. When the licensed medical marijuana testing laboratories
unanimously confirm test results with s afety failures for
contaminants, the Authority shall recall the medical marijuana or
marijuana product within seven (7) days of obtaining the test
results. The name of the licensed medical marijuana dispensary and
any other relevant product information shall be made public via a
press release issued by the Authority. If there is greater than one
but less than four contaminant fails among the licensed medical
marijuana testing laboratories, the Authority shall work with a
quality assurance laboratory to verify the results of the licensed
medical marijuana testing laboratories and take appropriate action.
2. When the average of total potency or total terpene re sults
collected from a licensed medical marij uana testing laboratory for a
particular product is outside the allowable limits, the Authority
shall work with a quality assurance laboratory to verify the results
of the testing laboratory. If results are verified to be outside
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the allowable limits, the Authority shall require relabeling of the
medical marijuana or marijuana products.
3. All investigative results shall be retained by the Authority
for a minimum of three (3) years.
4. The Authority shall impleme nt rules to notify any licensed
medical marijuana dispensary and licensed medical marijuana grower
or licensed medical marijuana processor of any investigative results
determined to be noncompliant.
5. After the licensed medical marij uana dispensary and licensed
medical marijuana grower or lic ensed medical marijuana processor is
notified of the investigative results, such results may be used by
the Authority to take action against the lice nsee, assess fines, or
assess other civil penalties available to the Authority.
6. The Authority shall implement rules on shar ing such
investigative results with any other l aw enforcement agencies or
regulatory authorities.
7. The Authority may elect to conduct further evaluations of
the investigative results at any time for verification or for other
purposes reasonably related to sanitation, public health , or public
safety.
F. The failure of any licensed medical marijuana business to
cooperate with the provisions of this section may result in the
revocation of the license at the discretion of the Authority.
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G. The Authority shall implement rules necessary to enforce the
provisions of this act.
SECTION 2. This act shall become effecti ve November 1, 2022.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMER CE AND TOURISM
April 14, 2022 - DO PASS AS AMENDED