Oklahoma 2022 2022 Regular Session

Oklahoma House Bill HB4288 Engrossed / Bill

Filed 03/28/2022

                     
 
ENGR. H. B. NO. 4288 	Page 1  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
ENGROSSED HOUSE 
BILL NO. 4288 	By: Marti, Talley, Davis and 
McDugle of the House  
 
  and 
 
  Paxton of the Senate   
 
 
 
 
 
An Act relating to medical marijuana; amending 63 
O.S. 2021, Section 427.18, which re lates to the 
Oklahoma Medical Marijuana and Patient Protection 
Act; requiring the inclusion of expiration or use by 
dates; directing the Oklahoma Medical Marijuan a 
Authority to promulgate rules; and declaring an 
emergency. 
 
 
 
BE IT ENACTED BY THE P EOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     63 O.S. 2021, Section 427.18, is 
amended to read as follows: 
Section 427.18 A.  An Oklahoma medical marijuana business sha ll 
not sell, transfer or otherwise distribute medical marijuana or 
medical marijuana product t hat has not been packaged and labeled in 
accordance with this sec tion and rules promulgated by the State 
Commissioner of Health. 
B.  A medical marijuana dispensa ry shall return medical 
marijuana and medical marijuan a product that does not meet packaging 
or labeling requirements in this section or rules promulgated 
pursuant thereto to the entity who transferred it to the dispensary .  
The medical marijuana dispensar y shall document to whom the item was   
 
ENGR. H. B. NO. 4288 	Page 2  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
returned, what was returned and the date of the return or dispose of 
any usable marijuana that does not meet these require ments in 
accordance with the Oklahoma Medical Marijuana and Patient 
Protection Act. 
C.  1.  Medical marijuana packaging shall be packaged to 
minimize its appeal to children and shall not depi ct images other 
than the business name logo of the medical mariju ana producer and 
image of the product. 
2.  A medical marijuana business shall not place any co ntent on 
a container in a manner that reasonably appears to target 
individuals under the age of t wenty-one (21) including, but not 
limited to, cartoon characters or similar images. 
3.  Labels on a container shall not include any false or 
misleading statements. 
4.  No container shall be intentionally or knowingl y labeled so 
as to cause a reasonable pat ient confusion as to whether the medical 
marijuana, medical marij uana concentrate or medical marijuana 
product is a trademarked product or labeled in a manne r that 
violates any federal trademark law or regulation. 
5.  The label on the container shall not m ake any claims 
regarding health or physical benefits to the patie nt. 
6.  All medical marijuana, medical marijuana concentrate and 
medical marijuana product s shall be in a child-resistant container 
at the point of transfer to the patient or caregiver.   
 
ENGR. H. B. NO. 4288 	Page 3  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
7.  If the medical marijuana product is perishable, the label on 
the container of the product shall include a maximum six-month 
expiration date or a use by date if the medical marijuana product 
has not undergone stability testing.  By November 1, 2022, the 
Authority shall promulgate rules establishing stability testing 
standards and requirements. 
D.  The State Department of Health shall develop minimum 
standards for packaging and labeling of medical marijuana and 
medical marijuana products.  Such standards shall include, but not 
be limited to, the required contents of labels to be affixed to all 
medical marijuana and medical marijuana products prior to transfer 
to a licensed patient or caregiver, which shall include, at a 
minimum: 
1.  THC and other cannabinoid potency, and terpenoid potency; 
2. A statement indicating that the product has been tested for 
contaminants; 
3. One or more product warnings to be determined by the 
Department; and 
4. Any other information the Department deems necessary. 
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 and approval.   
 
ENGR. H. B. NO. 4288 	Page 4  1 
2 
3 
4 
5 
6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
  
Passed the House of Representatives the 23rd day of March, 2022. 
 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
 
Passed the Senate the ___ day of __________, 2022. 
 
 
 
  
 	Presiding Officer of the Senate