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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 4416 By: Lowe (Dick)
AS INTRODUCED
An Act relating to medical marijuana; amend ing 63
O.S. 2021, Section 427.17, which relates to the
Oklahoma Medical Marijuana and Pat ient Protection
Act; directing licensed medical marijuana growers to
annually submit certain information to the Oklahoma
Medical Marijuana Authority; and providing an
effective date.
BE IT ENACTED BY THE PEOPL E 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 li cense 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.
B. The Authority is hereby authorized to contract with a
private laboratory for the purpose of conducting compliance te sting
of medical marijuana t esting laboratories licensed in this state .
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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 inter est in a
licensed medical marijuana business; or
2. Any individual or his or her spouse, parent, child, spouse
of a child, sibling or spo use 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
marijuana business, o r is an individual financially interested i n
any licensee or medical marijuana business located 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, and c hemical
identification and substances used.
D. A person who is a direct beneficial owne r of a medical
marijuana dispensary, medical marijuana c ommercial grower or medical
marijuana processor shall not be an owner of a laboratory.
E. A laboratory and a l aboratory applicant sha ll comply with
all applicable local ordinances including , but not limited to,
zoning, occupancy, licensing and building co des.
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F. A separate license shall be required for each specific
laboratory.
G. A medical marijuana testing lab oratory license may b e issued
to a person who performs testin g on medical marijuana and medical
marijuana products for medical marijuana business es, medical
marijuana research facilities, medical marijuana educatio n
facilities, and testin g 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 t esting
laboratory may also conduct research related to the developmen t 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 opera tional hours.
H. Laboratory applicants and licensees shall comply with the
application requirements of this se ction and shall submit such other
information as required for a medical marijuana business applicant,
in addition to any information the Authorit y may request for initial
approval and periodic evaluations during th e 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 business, medical
marijuana research facility or medical marijuana ed ucation 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 business to submit a sam ple of medical marijuana,
medical marijuana concentrate or medical marijuana product to a
medical marijuana testing or quality assurance laboratory upon
demand.
J. A medical marijuana te sting laboratory may accept samples of
medical marijuana, medical mar ijuana concentrate 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 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 produc e 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 for testing . All
laboratory reports provided to or by a medical marijuana business or
to a patient or caregiver shall identify the medical mar ijuana
testing laboratory that actually co nducted 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 medical
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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 marijuana 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 or appearance of undue
commercial, financial or other influences that may diminish the
competency, impartiality and integrity of the testing p rocesses 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 marijuana testing lab oratory who participate in
any aspect of the analysis and results of a sample are prohibited
from improperly influencing the testing process, improperly
manipulating data or improperly be nefiting 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 o wner, employee or agent of the
medical marijuana testing laboratory h as any form of ownership 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 stan dards, 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 inspection,
cleaning and maintenance of any equipment or utensils used for the
analysis of test samples;
2. Testing procedures, testing standards for can nabinoid and
terpenoid potency and safe le vels 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 a nd computer systems 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 dispos al of unused marijuana, 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 concentrate or
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medical marijuana products are identified and tracked f rom the point
they are transferred from a medical marijuana business, a patient or
a caregiver through the point of transfer, destruction or disp osal.
The inventory tracking system reporting shall include the resu lts 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 perso nnel;
11. A written standard operating procedure manual 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 ob tain and maintain certification;
13. The establishment of and adhere nce 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 mariju ana or medical
marijuana products that test above allowable threshold s 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
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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 medica l marijuana
or medical marijuana product deemed necessary by the Depa rtment.
O. A medical marijuana test ing laboratory shall promptly
provide the Department or designee of the Department access to a
report of a test and any underlying data that is conduct ed on a
sample at the request of a medical marijuana business or qual ified
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 requested by the
Department to determine compliance with the requirem ents 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 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, consistent
with standards developed by the Comm issioner:
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 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 l imited to,
cookies, brownies, candies, gummies, beverages and chocola tes.
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 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
investigations and ad ditional 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 s ection, a
commercial grower shall not transfer or sell medical mariju ana 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 marij uana, medical
marijuana concentrate or med ical 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 law s, 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 remediat ion and only in accordance with the
provisions of the Oklahoma Medica l Marijuana and Patien t Protection
Act and the rules and regulations of the Department . Remediated and
decontaminated medical marijuana may be returned only to the
originating licensed c ommercial grower.
W. Beginning November 1, 2022, a licensed medical marijuana
commercial grower shall submit annually to the Authority the
business name, business address, and business license identification
number of every licensed medical marijuana testing laboratory that
the commercial grower contracts with to conduct contamination tests
on samples of its harvest batches. Licensed medical marijuana
commercial growers shall be required to notify the Authority within
ten (10) days of utilizing the services of a different licensed
medical marijuana testing laboratory.
X. Kief shall not be transferred or sold except as authorized
in the rules and regulations o f the Department.
SECTION 2. This act shall become effective November 1, 2022.
58-2-9910 GRS 01/04/22