An Act
ENROLLED HOUSE
BILL NO. 4056 By: Marti, Davis, Talley, and
McDugle of the House
and
Paxton of the Senate
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.17, as amended by Section 17
of Enrolled Senate Bill No. 1543 of the 2nd Session
of the 58th Oklahoma Legislature, which relates to
the Oklahoma Medical Marijuana and Patient Protection
Act; directing certain entities 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; providing for
license revocation; and declaring an emergency .
SUBJECT: Medical marijuana
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.17, as
amended by Section 17 of Enrolled Senate Bill No. 1543 of the 2nd
Session of the 58th Oklahoma Legislature, is amended to read as
follows:
Section 427.17 A. There is hereby created a medical marijuana
testing laboratory licens e as a category of the medical marijuana
business license. The Oklahoma Medical Marijuana Authority is
hereby enabled to monitor, inspect and audit a licensed testing
laboratory under the Oklahoma Medical Marijuana and Patient
Protection Act.
B. 1. The Authority is hereby authorized to contract with a
private laboratory for the purpose of conducting compliance testing ENR. H. B. NO. 4056 Page 2
of medical marijuana testing laboratories licensed in th is state.
Any such laboratory under contract for compliance testing shall be
prohibited from conducting any other commercial medical ma rijuana
testing in this state. The laboratory the Authority 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, parent, child,
spouse of a child, sibling or spouse of a sibling that
has an application for a medical marijuana business
license pending before the Authority or is a member of
the board of directors of a medi cal marijuana
business, or is an individual financially interested
in any licensee or medical marijuana business located
within this state.
2. The private laboratory under contract with the Authority for
compliance testing and a board or committee comprised of licensed
Oklahoma medical marijuana laboratories currently accredited by the
International Organization for Standardization (ISO) shall provide
to the Authority its recommendations for all equipment and standards
to be utilized by licensed medical marijuana testing laboratories
when testing samples of medical marijuana, medical marijuana
concentrate, and medical marijuana products as well as standard
operating procedures when extracting and testing medical marijuana,
medical marijuana concentrate, and medical marijuana products. 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, 2024, 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. The refusal or failure of a medical marijuana
testing laboratory licensee to comply with new or modified rules
relating to laboratory standards and testing procedures p romulgated ENR. H. B. NO. 4056 Page 3
under the provisions of this paragraph shall result in the permanent
revocation of the medical marijuana testing laboratory license.
C. The Authority shall develop acceptable testin g practices
including, but not limited to, testing, standards, qual ity control
analysis, equipment certification and calibration, and chemical
identification and substances used.
D. A person who is a direct beneficial own er of a medical
marijuana dispensary, medical marij uana commercial grower or medical
marijuana processor shall not be an owner of a laboratory.
E. A laboratory and a laboratory applicant shall comply with
all applicable local ordinances including, but not limited to,
zoning, occupancy, licensing and build ing codes.
F. A separate license shall be require d for each specific
laboratory.
G. A medical marijuana testing laboratory license may be issued
to a person who perform s testing on medical marijuana a nd medical
marijuana products for medical marijuana bu sinesses, medical
marijuana research facilities, m edical marijuana education
facilities, and testing on marijuana and marijuana products grown or
produced by a patient or caregiver on behalf of a patien t, upon
verification of registration . A medical marijuana testing
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 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 bu siness applicant,
in addition to any information the Au thority may request for initial
approval and periodic evaluations during the approval period.
I. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana conc entrate or medical
marijuana product from a medical mari juana business, medical
marijuana research facilit y or medical marijuana education facility
for testing purposes only, which purposes may include the provision
of testing services for samples submitte d by a medical marijuana
business for product developmen t. The Authority may require a
medical marijuana business to submit a sample of medical marijuana, ENR. H. B. NO. 4056 Page 4
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 sample s of
medical marijuana, medical marijuana concentrate or medical
marijuana product from an individual person for testing only under
the following conditions:
1. The individual person is a patient or caregi ver pursuant to
the Oklahoma Medical Marijuana and Patient Protection Act or is a
participant in an approved clinical or observational study conducted
by a research facility; and
2. The medical marijuana tes ting laboratory shall require the
patient or caregiver to produce a valid patient license and curr ent
and valid photo identification.
K. A medical marijuana testing laboratory may transfer samples
to another medical m arijuana testing laboratory for testi ng. All
laboratory reports provided to or by a m edical marijuana business or
to a patient or careg iver shall identify the medical marijuana
testing laboratory that actually conducted the test.
L. A medical marijuana t esting laboratory may utilize a
licensed medical marijuana transporter to transport sa mples of
medical marijuana, medical marijuana conc entrate and medical
marijuana product for testing, in accordance with the Oklahoma
Medical Marijuana and Patient Protect ion Act and the rules adopted
pursuant thereto, between the originating medical mariju ana business
requesting testing services and the d estination laboratory
performing testing services.
M. The medical marijuana testing laboratory shall establish
policies to prevent the existence of or app earance of undue
commercial, financial or other inf luences that may diminish the
competency, impartia lity and integrity of the testing processes or
results of the laboratory, or that may diminish public confidence in
the competency, impartiality and integr ity of the testing processes
or results of the labo ratory. 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 pro hibited
from improperly influencing the testing process, improperly
manipulating data or improperly benefiting from any ongoing
financial, employment, personal or business relationship with the ENR. H. B. NO. 4056 Page 5
medical marijuana business that provided the sample. A medical
marijuana testing laboratory shal l 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 Authority, pursuant to rules promulgated by the
Executive Director of the Authority , shall develop standards,
policies and procedures as necessary for:
1. The cleanliness and orderliness of a laboratory premise s and
the location of the laboratory in a sec ure location, and inspectio n,
cleaning and maintenance of any equipment or utensils used f or 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 samples, waste and reference
standards;
4. Records to be retained and computer systems to be utilized
by the laboratory;
5. The possession, storag e 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 marijuana, marijuana
products and waste;
8. The mandatory use by a laboratory of an invent ory tracking
system to ensure all harvest and production batches or samples
containing medical marijuana, medical marijuana concentrate or
medical marijuana products are identified and tracke d from the point
they are transferred from a medical marijuana bu siness, 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 medical marijuana, medical marijuana
concentrate or medical marij uana product;
ENR. H. B. NO. 4056 Page 6
9. Standards of performance;
10. The employment of laboratory personnel;
11. A written standard operating procedure manual to be
maintained and updated by the laboratory;
12. The successful participation in a proficiency testing
program approved by the Executive Director 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 monitori ng of
laboratory processes and quality 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 laborato ry 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 result s are reported in a timely and accurate
manner; and
17. Any other aspect of laboratory testing of medical marijuana
or medical marijuana product deemed necessary by the Executive
Director.
O. A medical marijuana test ing laboratory shall promptly
provide the Authority or designee of the 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 the Authority or designee of the Authority to laboratory
premises and to any material or information requested by t he
Authority to determine compliance w ith 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 ENR. H. B. NO. 4056 Page 7
period of at least seven (7) years and shall make them available to
the 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 marij uana
product for each of the following categories of testing , consistent
with standards developed by the Executive Director:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other cannab inoid 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 cont aining no more than
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) poun ds. A processor shall
separate each medical marijuana production lot int o production
batches containing no more 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 limited to,
cookies, brownies, candies, gummies, beverages and chocolates.
S. Medical marijuana testing laboratory licensure shall be
contingent upon successful on-site inspection, successful
participation in proficiency testing an d ongoing compliance with the
applicable requirements in this section.
ENR. H. B. NO. 4056 Page 8
T. A medical marijuana testing laboratory shall be inspected
prior to initial licensure and 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
investigations and additional inspections when the Authority
believes an investigation or additional inspection is necessary due
to a possible violation of applicable laws, rules or r egulations.
U. Medical marijuana testing laboratories shall obtain
accreditation by an accrediting body approved by the Executive
Director within one (1) year of the date the initial license is
issued. Renewal of any medical marijuana tes ting laboratory license
shall be contingent upon accreditation in accordance with this
subsection. All medical marijuana testing laboratories 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 tran sfer or sell medical marijuana and a
processor shall not transfer, sell or process into a concentrate or
product any medical marijuana, medical marijuana concentrate o r
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
been tested by a medical marijuana testing laboratory and passed all
contaminant tests required b y the Oklahoma Medical Marijuana and
Patient Protection Act and applicable laws, rules and regulations.
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
provisions of the Oklahoma Medical Marijuana and Patient Protection
Act and the rules and regulations promulgated by the Executive
Director. Remediated and decontaminated medical marijuana may be
returned only to the originating licensed comme rcial grower.
W. Kief shall not be transferred or sold except as authorized
in the rules and regulations promulgated by the Executive Director.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by rea son whereof this act shall take effect and
be in full force from and after its passage an d approval.
ENR. H. B. NO. 4056 Page 9
Passed the House of Representatives the 18th day of May, 2022.
Presiding Officer of the House
of Representatives
Passed the Senate the 19th day of May, 2022.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _____ ____
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________