Req. No. 2770 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 2nd Session of the 58th Legislature (2022) SENATE BILL 1219 By: Bullard AS INTRODUCED An Act relating to medical marijuana; amending 63 O.S. 2021, Section 427.18 , which relates to packaging and labeling requirements ; modifying requirements for edible medical marijuana products; and providing an effective date. BE IT ENACTED BY THE PEOPLE 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 shall not sell, transfe r, or otherwise distribute medical marijuana or medical marijuana product that has not been packaged and labeled in accordance with this sec tion and rules promulg ated by the State Commissioner of Health. B. A medical marijuana dispensa ry shall return medic al marijuana and medical marijuana product that does not meet packaging or labeling requirements in this sectio n or rules promulgated pursuant thereto to the ent ity who transferred it to the dispensary . The medical marijuana dispensar y shall document to w hom the item was Req. No. 2770 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 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 packagi ng shall be packaged to minimize its appeal to children and shall not depict images other than the business nam e 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 twenty -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 knowingly labeled so as to cause a reasonable patient confusion as to whether the medi cal 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 make any claims regarding health or p hysical benefits to the patie nt. 6. a. 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 Req. No. 2770 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 patient or caregiver . For all edible medical marijuana products, the child-resistant container shall be clear. b. Edible medical marijuana products in solid or semisolid form shall be in the shape of a marijuana leaf. This subparagraph shall not apply to edible medical marijuana product s in liquid form. 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 in clude, at a minimum: 1. THC and other cannabinoid potency, and te rpenoid 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. This act shall become effective November 1, 2022. 58-2-2770 DC 1/7/2022 11:01:36 AM