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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. 4056 By: Marti and Davis
COMMITTEE SUBSTITUTE
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.17, w hich relates to the
Oklahoma Medical Marijuana and Patient Protection
Act; directing certain labo ratory to provide
recommendations, standards and operating proce dures
to the Oklahoma Medical Marijuana Authority;
directing the Authority to promulgate rule s;
requiring licensed medical marijuana testing
laboratories to comply with rules; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, 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, inspec t and audit a licensed testing
laboratory under the Oklahoma Medical Marijuana and Patient
Protection Act.
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B. 1. The Authority is hereby authorized to contract with a
private laboratory for the purpose of conducting complian ce testing
of medical marijuana t esting laboratories licensed in 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 Au thority contracts with
for compliance testing shall not employ, or be owned by, the
following:
1. Any
a. any individual that has a direct or indirect interest
in a licensed medical marijuana business ;, or
2. Any
b. any individual or his or her spouse, pa rent, child,
spouse of a child, sibling or spouse of a sibling that
has an application for a medical marijuana business
license pending before the Department or is a member
of the board of directors of a medical m arijuana
business, or is an individual fina ncially interested
in any licensee or medical marijuana business located
within this state.
2. The private laboratory under contract with the Authority for
compliance testing shall provide to the Authority its
recommendations for brands and models of all equipment and standards
to be utilized by licensed medical marijuana testing laboratories
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when testing samples of medical marijuana, medical marijuana
concentrate, and medical marijuana product s as well as standard
operating procedures when extracting and testing medical marijuana,
medical marijuana concentrate, and medical marijuana product s. The
recommendations shall be submitted to the Authority no later than
June 1, 2023. The Authority shall have ninety (90) days from the
date it receives the recommendations to promulgate new rules or
modify its current rules for laboratory standards and testing.
Beginning June 1, 202 4, medical marijuana testing laboratories
renewing their medical marijuana business license shall be subject
to and comply with any new or modified rules relating to the testing
of medical marijuana, medical marijuana concentrate , and medical
marijuana products.
C. The Authority shall develop acceptable testin g practices
including, but not limited to, testing, standards, quality con trol
analysis, equipment certificat ion and calibration, and chemical
identification and substances used.
D. A person who is a direct beneficial owne r of a medical
marijuana dispensary, medical marijuana commer cial grower or medical
marijuana processor sha ll not be an owner of a laboratory.
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.
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F. A separate license shall be required for e ach specific
laboratory.
G. A medical marijuana testing laboratory license may b e issued
to a person who performs testin g on medical marijuana and medical
marijuana products for medical marijuana businesses, m edical
marijuana research facilities, medical marijuana education
facilities, and testing on marijuana and marijuana products g rown or
produced by a patient or caregiver on behalf of a patient, upon
verification of registration . A medical marijuana testin g
laboratory may also conduct research related to the development and
improvement of its testing practices and procedures. No state-
approved medical marijuana testing facility shall operate unless a
medical laboratory director is on site during operationa l hours.
H. Laboratory applicants and license es 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 eva luations during the approval period .
I. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from a medical marijuana busin ess, medical
marijuana research facility or me dical marijuana education facility
for testing purposes only, which purposes may include the provision
of testing services for samples submitted by a medical marijuana
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business for product development . The Department may require a
medical marijuana busine ss to submit a sample of medical ma rijuana,
medical marijuana concentrate or medical marijuana product to a
medical marijuana testing or quality assurance laboratory upon
demand.
J. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrat e or medical
marijuana product from an individual person for testing only under
the following conditions:
1. The individual person is a patient or caregiver pursuant t o
the Oklahoma Medical Marijuana and Patient Protecti on Act or is a
participant in an ap proved clinical or observational study conducted
by a research facility; and
2. The medical marijuana testing laboratory shall require the
patient or caregiver to produce a v alid patient license and current
and valid photo identification.
K. A medical marijuana testing laboratory may transfer samples
to another medical marijuana testing laboratory for testing . All
laboratory reports provided to or by a medical marijuana busi ness or
to a patient or caregiver shall identi fy the medical marijuana
testing laboratory that actually conducted the test.
L. A medical marijuana testing laboratory may utilize a
licensed medical marijuana transporter to transport samples of
medical marijuana, medical marijuana concentrate and medic al
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marijuana product for testing, i n accordance with the Oklahoma
Medical Marijuana and Patient Protection Act and the rules adopted
pursuant thereto, between the originating medical marijuana business
requesting testing services and the destination labora tory
performing testing services.
M. The medical marijuana testing laboratory shall establish
policies to prevent the existence of or appearance of undue
commercial, financial or other influences that may dimi nish the
competency, impartiality and integrit y of the testing processes or
results of the laboratory, or that may diminish public confidence in
the competency, impartiality and integrity of the testing processes
or results of the laboratory . At a minimum, employees, owners or
agents of a medical mar ijuana testing laboratory who parti cipate in
any aspect of the analysis and results of a sample are prohibited
from improperly influencing the testing process, improperly
manipulating data or improperly benefit ing from any ongoing
financial, employment, pe rsonal or business relationship wit h 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 te sting laboratory has any form of ow nership or
financial interest in the medical marijuana business.
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N. The Department, pursuant to rules promulgated by the State
Commissioner of Health, shall develop standards , policies and
procedures as necessary for:
1. The cleanliness and orderliness o f a laboratory premises and
the location of the laboratory in a secure location, and inspection,
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 levels of contaminants, and remediation
procedures;
3. Controlled access areas for storage of medical marijuana and
medical marijuana product test samp les, waste and reference
standards;
4. Records to be retained and computer syste ms to be utilized
by the laboratory;
5. The possession, storage and use by the laboratory 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 mari juana, marijuana
products and waste;
8. The mandatory use by a laboratory of an inventory tracking
system to ensure all harvest and production batches or samples
containing medical marijuana, medical marijuana concentrat e or
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medical marijuana products are identified and tracked from the point
they are transferred from a medical marijuana business, a patient or
a caregiver through the point of transfer, destruction or disposal .
The inventory tracking system reporting shal l include the results of
any tests that are conducted on medical marijuana, medical marijuana
concentrate or medical marijuana product;
9. Standards of performance;
10. The employment of laboratory personnel;
11. A written standard operating procedure m anual to be
maintained and updated by the laboratory;
12. The successful participation in a Department -approved
proficiency testing program 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 quality of results reported;
14. The immediate recall of medical marijuana o r medical
marijuana products that test above a llowable thresholds or are
otherwise determined to be unsafe;
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 re cords, including business records, and
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processes to ensure results are reported in a timely and accurate
manner; and
17. Any other aspect of laboratory testing of medical mar ijuana
or medical marijuana product deemed nec essary by the Department.
O. A medical marijuana testing laboratory shall promptly
provide the Department or designee of the Department access to a
report of a test and any underlying data that is conducted on a
sample at the request of a medical marijuan a business or qualified
patient. A medical marijuana testing laboratory shall also provide
access to the Department or designee of the Department to laboratory
premises and to any material or information reque sted by the
Department 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 upon request.
Q. A medical marijuana t esting 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 test ing, consistent
with standards developed by the Commissioner:
1. Microbials;
2. Mycotoxins;
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3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
6. Terpenoid type and concentration ; and
7. Heavy metals.
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 mat erial to be
sold to a licensed proc essor 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 p roduction
batches containing no mor e than 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 require 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 limite d to,
cookies, brownies, candies, gummies, bev erages and chocolates .
S. Medical marijuana testing laboratory licensure shall be
contingent upon successful on -site inspection, successful
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participation in proficiency testing and ongoing compliance with the
applicable requirements in this section.
T. A medical marijuana testing laborato ry shall 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 p remises of a testing laboratory to conduct
investigations and additional inspecti ons when 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 approv ed 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 lab oratories shall obtain
accreditation prior to applying for and receiving a medical
marijuana testing laboratory license .
V. Unless authorized by the provisions of this sectio n, a
commercial grower shall not transfer or s ell medical marijuana and a
processor shall not transfer, sell 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 medical marijuana product was derived has
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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 applicable laws, rules and regu lations.
A licensed commercial grower may transfer medical marijuana that has
failed testing to a licensed processor only for the purposes of
decontamination or remediation a nd only in accordance with the
provisions of the Oklahoma Medical Marijuana and P atient Protection
Act and the rules and regulations of the Department . Remediated and
decontaminated medical marijuana may be returned only to the
originating licensed commer cial grower.
W. Kief shall not be transferred or sold except as authorized
in the rules and regulations of the Department.
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.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 03/03/2022 - DO PASS, As Amended and Coauthored.