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SENATE FLOOR VERSION
April 11, 2022
AS AMENDED
ENGROSSED HOUSE
BILL NO. 4288 By: Marti, Talley, Davis and
McDugle of the House
and
Paxton of the Senate
[ Oklahoma Medical Marijuana and Patient Protection
Act - inclusion of expiration or use by dates -
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 marijuan a business shall
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 dispensary 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 .
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The medical marijuana dispensary shall document to whom the item was
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 p lace any content 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 i n a manner 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.
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6. All medical marijuana, medical marijuana concentrate and
medical marijuana products shall be in a child-resistant container
at the point of transfer to the patient or caregiver.
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 tran sfer
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 d etermined 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
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declared to exist, by r eason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
April 11, 2022 - DO PASS AS AMENDED