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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 3999 By: Dobrinski
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.17, which relates to the
Oklahoma Medical Marijuana and Patient Protection
Act; prohibiting medical marijuana testing
laboratories from accepting samples directly from
medical marijuana growers; authorizing employees of
the Oklahoma Medical Mari juana Authority to collect
and submit samples; directing the Authority t o retain
test samples for certain amount of time; and
providing an effective date .
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2 021, Section 427.17, is
amended to read as follows:
Section 427.17 A. There is hereby created a medical marijuana
testing laboratory license as a category of the medical marijuana
business license. The Oklahoma Medical Marijuana Authority is
hereby enabled to monitor, inspect and audit a licensed testin g
laboratory under the Oklahoma Medical Marijuana and Patient
Protection Act.
B. The Authority is hereby authorized to contract with a
private laboratory for the purpose of conducting compliance te sting
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of medical marijuana testing laboratories licensed i n this state.
Any such laboratory under contract for compliance testing shall be
prohibited from conducting any other commercial medical marijuana
testing in this state . The laboratory the Authori ty contracts with
for compliance testing shall not employ, or be owned by, the
following:
1. Any individual that has a direct or indirect interest in a
licensed medical marijuana business; or
2. Any individual or his or her spouse, parent, child, spouse
of a child, sibling or spouse of a sibling that has an app lication
for a medical marijuana business license pending before the
Department Authority or is a member of the board of directors of a
medical marijuana business, or is an individual financially
interested in any licensee or medical marijuana business loc ated
within this state.
C. The Authority shall develop acceptable testin g practices
including, but not limited to, testing, standards, quality control
analysis, equipment certification and calibration, a nd chemical
identification and substances used.
D. A person who is a direct beneficial owne r of a medical
marijuana dispensary, medical marijuana commercial grower or medical
marijuana processor shall not be an owner of a laboratory.
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E. A laboratory and a laboratory applicant sha ll comply with
all applicable local ordinances including , but not limited to,
zoning, occupancy, licensing and building codes.
F. A separate license shall be required for each specific
laboratory.
G. A medical marijuana testing laboratory license may b e issued
to a person who performs testing on medical marijuana and medical
marijuana products for medical marijuana businesses, medical
marijuana research facilities, medical marijuana education
facilities, and testin g on marijuana and marijuana products g rown or
produced by a patien t or caregiver on behalf of a patient, upon
verification of registration . A medical marijuana testing
laboratory may also conduct research related to the development and
improvement of its testing practi ces and procedures. No state-
approved medical marij uana testing facility shall operate unless a
medical laboratory director is on site during operational hours.
H. Laboratory applicants and licensees shall comply with the
application requirements of this section and shall submit such other
information as required for a medical marijuana business applicant,
in addition to any information the Authority may request for initial
approval and periodic evaluations during the approval period.
I. A 1. Except as provided in paragraph 2 of this subsection,
a medical marijuana testing laboratory may accept samples of medical
marijuana, medical marijuana concentrate or medical marijuana
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product from a medical marijuana business , medical marijuana
research facility or medical marijuana education facility for
testing purposes only, which purposes may include the provision of
testing services for samples submitted by a medical marijuana
business for product development . The Department Authority may
require a medical mar ijuana business to submit a sample of medical
marijuana, medical marijuan a concentrate or medical marijuana
product to a medical marijuana testing or quality assurance
laboratory upon demand.
2. A medical marijuana testing laboratory shall be prohibited
from accepting test samples of medical marijuana directly from a
medical marijuana grower. An employee of the Authority shall be
authorized to collect samples from the harvest batch of the medical
marijuana grower and shall submit such samples for testing to the
medical marijuana testing lab oratory on behalf of the medical
marijuana grower and i n accordance with the provisi ons of this
section. All test samples collected from a medical marijuana grower
by an employee of the Authority shall be retained by the Authority
for a minimum of sixty (60) days.
J. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from an individual person for testing only under
the following conditions:
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1. The individual person is a patient or c aregiver pursuant to
the Oklahoma Medical Marijuana and Patient Protection Act or is a
participant in an approved clinical or observ ational study conducted
by a research facility; and
2. The medical marijuana testing laboratory shall require the
patient or caregiver to produce a valid patient license and current
and valid photo identification.
K. A medical marijuana testing laborator y may transfer samples
to another medical marijuana testing laboratory fo r testing. All
laboratory reports provided to or b y a medical marijuana business or
to a patient or caregiver shall identify the medical marijuana
testing laboratory that actually co nducted the test.
L. A medical marijuana testing laboratory may utilize a
licensed medical marijuana transporter to transpo rt samples of
medical marijuana, medical marijuana concentrate and medical
marijuana product for testing, in accordance wit h the Oklahoma
Medical Marijuana and Patient Protection Act and the rules adopted
pursuant thereto, between the originating medical m arijuana business
requesting testing services and the destination laboratory
performing testing services.
M. The medical marijuana testing laboratory shall establish
policies to prevent the existence of o r appearance of undue
commercial, financial or othe r influences that may diminish the
competency, impartiality and integrity of the testing processes or
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results of the laboratory, or that may diminish public confidence in
the competency, impartiality and i ntegrity of the testing processes
or results of the laboratory. At a minimum, employees, owners or
agents of a medical marijuana testing laboratory who participate in
any aspect of the analysis and results of a sample are prohibited
from improperly influe ncing the testing process, improperly
manipulating data or improperly benefiting from any ongoing
financial, employment, personal or business relationship with the
medical marijuana business that provided the sample. A medical
marijuana testing laboratory shall not test samples for any medical
marijuana business in which an owner, employee or agent of the
medical marijuana testing laboratory has any form of ownership or
financial interest in the medical marijuana business.
N. The Department Authority, pursuant to rules promulgated by
the State Commissione r of Health, shall develop standards, policies
and procedures as necessary for:
1. The cleanliness and orderliness of a laboratory premises a nd
the location of the laboratory in a secure location, and ins pection,
cleaning and maintenance of any equipment or utensils used for the
analysis of test samples;
2. Testing procedures, testing standards for cannabinoid and
terpenoid potency and safe le vels of contaminants, and remediation
procedures;
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3. Controlled access areas for storage of medical marijuana and
medical marijuana product test samples, waste and reference
standards;
4. Records to be retained and computer systems to be utilized
by the laboratory;
5. The possession, storage and use by the laborato ry of
reagents, solutions and reference standards;
6. A certificate of analysis (COA) for each lot of reference
standard;
7. The transport and disposal of unused marijuana, marijuana
products and waste;
8. The mandatory use by a laboratory of an invento ry tracking
system to ensure all harvest and production batches or samples
containing medical marijuana, medical marijuana concentrate or
medical marijuana products are identified and tracked f rom the point
they are transferred from the Authority, a medical marijuana
business, or a patient or a caregiver through the point of transfer,
destruction or disposal. The inventory tracking system reporting
shall include the results of any tests that are conducted on med ical
marijuana, medical marijuana concentrate or medical marijuana
product;
9. Standards of performance;
10. The employment of laboratory personnel;
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11. A written standard operating procedure manual to be
maintained and updated by the laboratory;
12. The successful participation in a Department-approved an
Authority-approved proficiency testing p rogram for each testing
category listed in this section, in order to obtain and maintain
certification;
13. The establishment of and adherence to a quality assurance
and quality control program to ensure sufficient monitoring of
laboratory processes and q uality of results reported;
14. The immediate recall of medical marijuana or medical
marijuana products that test above allowable thresholds or are
otherwise determined to be unsa fe;
15. The establishment by the laboratory of a system to document
the complete chain of custody for samples from receipt through
disposal;
16. The establishment by the laboratory of a system to retain
and maintain all required records , including business records, and
processes to ensure results are reported in a timely and acc urate
manner; and
17. Any other aspect of laboratory testing of medical marijuana
or medical marijuana product deemed necessary by the Department
Authority.
O. A medical marijuana test ing laboratory shall promptly
provide the Department Authority or designee of the Department
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Authority access to a report of a test and any underlying data that
is conducted on a sample at the request of a medical marijuana
business or qualified patient . A medical marijuana testing
laboratory shall also provide access to th e Department Authority or
designee of the Department Authority to laboratory premises and to
any material or information requested by the Department Authority to
determine compliance with the requirements of this section.
P. A medical marijuana testing laboratory shall retain all
results of laboratory tests conducted on marijuana or products for a
period of at least seven (7) years and shall make them available to
the Department Authority upon request.
Q. A medical marijuana testing laboratory shall test samples
from each harvest batch or product batch, as appropriate, of medical
marijuana, medical marijuana concentrate and medical marijuana
product for each of the following categories of testing, consiste nt
with standards developed by the Comm issioner:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
6. Terpenoid type and concentration ; and
7. Heavy metals.
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R. A licensed medical marijuana testing laboratory shall test
each individual harvest batch . A grower shall separate each harvest
lot of usable marijuana into harvest batches containing no more tha n
fifteen (15) pounds, with the exception of any plant material to be
sold to a licensed processor for the purposes of turning the plant
material into concentrate which may be separated into harvest
batches of no more than fifty (50) pounds . A processor shall
separate each medical marijuana production lot into production
batches containing no more tha n four (4) liters of concentrate or
nine (9) pounds for nonliquid products, and for final products, the
Oklahoma Medical Marijuana Authority shall be authorized to
promulgate rules on final products as necessary . Provided, however,
the Authority shall not req uire testing of final products less often
than every one thousand (1,000) grams of THC. As used in this
subsection, "final products" shall include, but not be limited to,
cookies, brownies, candies, gummies, beverages and ch ocolates.
S. Medical marijuana testing laboratory licensure shall be
contingent upon successful on -site inspection, successful
participation in proficiency testing and ongoing compliance with the
applicable requirements in this section.
T. A medical marijuana testing laboratory shal l be inspected
prior to initial licensure an d up to two (2) times per year
thereafter by an inspector approved by the Authority . The Authority
may enter the licensed premises of a testing laboratory to conduct
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investigations and additional inspections whe n the Authority
believes an investigation or additional inspection is necessary due
to a possible violation of applicable laws, rules or regulations.
U. Medical marijuana testing laboratories shall obtain
accreditation by an accrediting body approved by the Commissioner
within one (1) year of the date the initial license is issued .
Renewal of any medical marijuana testing laboratory license shall be
contingent upon accreditation in accordance with this subsection .
All medical marijuana testing laborator ies shall obtain
accreditation prior to applying for and receiving a medical
marijuana testing laboratory license .
V. Unless authorized by the provisions of this section, a
commercial grower shall not transfer or sell medical m arijuana and a
processor shall not transfer, se ll or process into a concentrate or
product any medical marijuana, medical marijuana concentrate or
medical marijuana product unless samples from each harvest batch or
production batch from which that medical marijuana, medical
marijuana concentrate or med ical marijuana product was derived has
been tested by a medical marijuana testin g laboratory and passed all
contaminant tests required b y the Oklahoma Medical Marijuana and
Patient Protection Act and applicabl e laws, rules and regulatio ns.
A licensed commercial grower may transfer medical marijuana that has
failed testing to a licensed processor only for the purposes of
decontamination or remediation and only in accordance with the
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provisions of the Oklahoma M edical Marijuana and Patien t Protection
Act and the rules and regulations of the Department Authority.
Remediated and decontaminated medical marijuana may be returned only
to the originating licensed commercial grower.
W. Kief shall not be transferred or sold except as authorized
in the rules and regulations of the Department Authority.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8558 GRS 01/18/22