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ENGROSSED SENATE
BILL NO. 1219 By: Bullard of the Senate
and
McDugle of the House
[ medical marijuana - requirements for edible medical
marijuana products - 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 promulgated by the State
Commissioner of Health.
B. A medical marijuana dispensary shall return medic al
marijuana and medical marijuana product that does not me et packaging
or labeling requirements in this sectio n or rules promulgated
pursuant thereto to the entity who transferr ed it to the dispensary.
The medical marijuana dispensary shall document to w hom the item was
returned, what was returned and the date o f the return or dispose of
any usable marijuana that does not meet these require ments in
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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 p lace any content 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 manner that
violates any federal trademark law or regulation.
5. The label on the conta iner shall not make any claims
regarding health or p hysical benefits to the patie nt.
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. For all
edible medical marijuana produ cts, not less than fifty percent (50%)
of the child-resistant container shall be clear and the edible
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medical marijuana product must be clearly visible through the clear
portion of the child-resistant container.
7. a. Except as provided by subparagraph b of this
paragraph, any edible medical marijuana produc t in
solid or semisolid form shall have the letters “THC”
pressed into the product. If the product consists of
two or more individual pieces or is intended to be
broken into two or more segments, the letters “THC”
shall be pressed into each piece or segment.
b. For any edible medical marijuana product in solid or
semisolid form that cannot reasonably be pres sed with
the letters “THC” under subparagraph a of this
paragraph as determined by the Oklahoma Medical
Marijuana Authority, the product shall have the
letters “THC” printed onto the product with edible
ink. If the product consists of two or more
individual pieces or is intended to be broken into two
or more segments, the letters “THC” shall be printed
onto each piece or segment with edible ink.
c. The letters “THC” shall be legible and shall be
prominently displayed on the product or each piece or
segment.
d. This paragraph shall not apply to edible medical
marijuana products in liquid form.
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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 c ontents 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 te rpenoid 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. This act shall become effective July 1, 2024.
Passed the Senate the 23rd day of March, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2022.
Presiding Officer of the House
of Representatives