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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1338 By: Bullard
AS INTRODUCED
An Act relating to the Uniformed Controlled Dangerous
Substances Act; amending 2 O.S. 2021, Section 3-601,
which relates to the Oklahom a Industrial Hemp
Remediation Program; modifying definition; amending
63 O.S. 2021, Section 2-101, as last amended by
Section 1, Chapter 222, O.S.L. 2021, which relates to
definitions; modifying definition; amending 63 O.S.
2021, Section 427.2, as last amended by Section 4,
Chapter 584, O.S.L. 2021, which relates to
definitions; modifying definition; updating statutory
language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 3 -601, is
amended to read as follows:
Section 3-601. A. This act shall be know n and may be cited as
the "Oklahoma Industrial Hemp Remediation Program ".
B. As used in the Oklahoma Industrial Hem p Remediation Program ,
the following words and terms, and any derivative of such words or
terms, shall have the following meanings, unless t he context clearly
indicates otherwise:
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1. "Cannabis" means a genus of flowering plant s in the family
Cannabaceae of which Cannabis sati va is a species and Cannabis
indica and Cannabis ruderalis are subspecies thereof. Cannabis
refers to any form of the plant in which the delta -9
tetrahydrocannabinol concentration on a dry -weight basis has not yet
been determined;
2. "Certified laboratory" means the laboratory operated by the
Oklahoma Department of Agriculture, Food, and Forestry or a
laboratory located in Oklahoma that is certif ied by the Department;
3. "Commercial sale" means the sale of a product in the stream
of commerce at retail, a t wholesale or on the Internet;
4. "CSA" means the federal Controlled Substances Act;
5. "DEA" means the United State s Drug Enforcement
Administration;
6. "Department" means the Oklahoma Department of Ag riculture,
Food, and Forestry;
7. "Hemp" means the plant Cannabis sativa L. and any part of
such plant including, but not limited to, the seeds and all
derivatives, extracts, cannabinoids, isome rs, acids, salts and salts
of isomers, whether growing or not , and grown from a certified seed
with a delta-9 or delta-8 tetrahydrocannabinol concentration of not
more than three-tenths of one percent (0.3%) on a dry -weight basis.
Hemp and hemp-derived cannabinoids, including cannabidiol, shall be
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considered an agricultural commodity and not a controlled substance
due to the presence of hemp or hemp-derived cannabinoids;
8. "Hemp Program" means the Oklahoma Industrial Hemp
Remediation Program and any fina l ruling from the USDA;
9. "Law enforcement" means any federal, state or local agencies
responsible for mainta ining public order and enforcing the law;
10. "License" means the written authorization by the Department
for any person to grow, process, handl e or transport certified seeds
or hemp in this state;
11. "Person" means any natural pers on or any corporation ,
general partnership, limited partnership, limited liability
partnership, limited liability company, trust, estate, ch aritable
organization, joint stock company, joint venture, association or any
other business or similar organization recognized by the st ate;
12. "Processor" means any person who is licensed by the
Department to process hemp in this state;
13. "State" means the State of Oklahoma;
14. "THC" means delta-9 tetrahydrocannabinol, which is a
psychoactive component in canna bis plants;
15. "Tracking software" means software that is approved by the
Department and is capable of transparently tracking hemp in any
state or form whatsoever i ncluding, but not limited to, a certified
seed, any stage of growth, processing or handlin g, and any hemp
product; and
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16. "USDA" means the United States Department of Agriculture.
C. In the event that any hemp produced under th e Hemp Program
is determined by testing results to be noncompliant with the Hemp
Program, the person holding the lic ense for the noncompl iant hemp
may request approval from the Department to remediate the
noncompliant hemp.
D. If the Department approves t he remediation of the
noncompliant hemp, the person holding the license shall promptly
have the noncompliant hemp ex tracted by a licensed processor into
concentrated form and the hemp concentrate shall be sampled by a
certified laboratory for compliance wi th USDA levels for THC in
concentrated form.
E. If the samples of the hemp concentrate are below USDA levels
for THC, the hemp concentra te shall be compliant as a hemp product
with the Hemp Program and may be used in commercial sales.
F. If the samples o f the hemp concentrate are above the USDA
levels for THC, the hemp concentrate shall be noncompliant with the
Hemp Program and shall be d estroyed in accordance with the CSA and
DEA regulations found at 21 C.F.R., Section 1317.15, as enforced by
federal, state and local law enforcem ent. The person holding the
license for the noncompliant hem p concentrate shall promptly notify
the Department and USDA of its intent to destroy the noncompliant
hemp concentrate and verify destruction by submitting required
documentation using the tracki ng software.
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SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -101, as
last amended by Section 1, Chapter 222, O.S.L. 2021, is amended to
read as follows:
Section 2-101. As used in the Uniform Controlled Da ngerous
Substances Act:
1. "Administer" means the direct application of a controlled
dangerous substance, whether by injection, inhalatio n, ingestion or
any other means, to the body of a patient, animal or research
subject by:
a. a practitioner (or, in th e presence of the
practitioner, by the authorized agent of the
practitioner), or
b. the patient or research subject a t the direction and
in the presence of the practitioner;
2. "Agent" means a peace officer appointed by and who acts on
behalf of the Director of the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control or an authoriz ed person who acts on behalf
of or at the directio n of a person who manufactures, dist ributes,
dispenses, prescribes, administers or use s for scientific purposes
controlled dangerous substances but does not include a common or
contract carrier, public ware houser or employee thereof, o r a person
required to register under the Uniform Control led Dangerous
Substances Act;
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3. "Board" means the Advisory Board to the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control;
4. "Bureau" means the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control;
5. "Coca leaves" includes cocaine and any compound,
manufacture, salt, derivative, mixture or pr eparation of coca
leaves, except derivatives of coca leaves which do not contain
cocaine or ecgonine;
6. "Commissioner" or "Director" means the Director of the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Cont rol;
7. "Control" means to add, remove or change the placement of a
drug, substance or immediate precursor under the Unifor m Controlled
Dangerous Substances Act;
8. "Controlled dangerous substance " means a drug, substance or
immediate precursor in Sche dules I through V of the Uniform
Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed eith er temporarily or permanently as a
federally controlled substance. Any conflict between state and
federal law with regard to the particular schedule in which a
substance is listed shall be resolved in favor of state law;
9. "Counterfeit substance " means a controlled substance which,
or the container or labeling of which without authorizat ion, bears
the trademark, trade name or oth er identifying marks, imprint,
number or device or any likeness thereof of a manufacturer,
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distributor or dispenser other than the person who in fact
manufactured, distributed o r dispensed the substance;
10. "Deliver" or "delivery" means the actual, cons tructive or
attempted transfer from one person to another of a controlled
dangerous substance or drug paraphernalia, whether or not there is
an agency relationship;
11. "Dispense" means to deliver a controlled dan gerous
substance to an ultimate user or h uman research subject by or
pursuant to the lawful order of a practitioner, including the
prescribing, administering, packaging, labeling or compounding
necessary to prepare the s ubstance for such distribution .
"Dispenser" is a practitioner who delivers a controlled dangerous
substance to an ultimate user or human research subject;
12. "Distribute" means to deliver other than by a dministering
or dispensing a controlled dangerous substance;
13. "Distributor" means a commercial entity engaged in the
distribution or reverse distribution of narcoti cs and dangerous
drugs and who complies with all regulations promulgated by the
federal Drug Enforcement Administrati on and the Oklahoma S tate
Bureau of Narcotics and Dangero us Drugs Control;
14. "Drug" means articles:
a. recognized in the official United States Pharmacopeia,
official Homeopathic Pharmacopoeia of the United
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States, or official National Formulary, or any
supplement to any of them,
b. intended for use in the di agnosis, cure, mitigation,
treatment or prevention of disease in man or other
animals,
c. other than food, intended to affect the structure or
any function of the body of man or other animals, and
d. intended for use as a component of any article
specified in this paragraph;
provided, however, the term "drug" does not include devices or their
components, parts or accessories;
15. "Drug-dependent person" means a person who is using a
controlled dangerous substance and who is in a state of psychic or
physical dependence, or both, arising from administration of that
controlled dangerous su bstance on a continuous basis . Drug
dependence is characterized by behavioral and other responses which
include a strong compulsion to ta ke the substance on a continuous
basis in order to experience its psychic effects, or to avoid the
discomfort of its absence;
16. "Home care agency" means any sole proprietorship,
partnership, association, corporation, or other organi zation which
administers, offers, or provides home care s ervices, for a fee or
pursuant to a contract for such services, to clients in thei r place
of residence;
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17. "Home care services" means skilled or personal care
services provided to clients in their place of residence fo r a fee;
18. "Hospice" means a centrally administered, nonprofit or for-
profit, medically directed, nurse -coordinated program which provides
a continuum of home and inpatient care for the terminally ill
patient and the patient 's family. Such term shall also include a
centrally administered , nonprofit or for-profit, medically directed,
nurse-coordinated program if such p rogram is licensed pursuant to
the provisions of the Uniform Controlled Dangerous Substa nces Act.
A hospice program offers palliative and supportive care to meet the
special needs arising out of the physical, emotional and spiritual
stresses which are exp erienced during the final stages of illness
and during dying and bereavement . This care is available twenty-
four (24) hours a day, seven (7) days a week, and is provided on the
basis of need, regardless of ability to pay. "Class A" Hospice
refers to Medicare-certified hospices. "Class B" refers to all
other providers of hospice services;
19. "Imitation controlled sub stance" means a substance that is
not a controlled danger ous substance, which by dosage unit
appearance, color, shape, size, markings or by representations made,
would lead a reasonable person to believe that the substance is a
controlled dangerous substan ce. In the event the appearance of the
dosage unit is not reasonably sufficient to establish that the
substance is an "imitation controlled substance", the court or
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authority concerned should consider, in addition to all other
factors, the following facto rs as related to "representations made"
in determining whether the substance is an "imitation controlled
substance":
a. statements made by an owner or by any other person in
control of the substance concerning the nature of the
substance, or its use or eff ect,
b. statements made to the recipient that the substan ce
may be resold for inordinate profit,
c. whether the substance is packaged in a manner normally
used for illicit controlled substances,
d. evasive tactics or actions ut ilized by the owner or
person in control of the su bstance to avoid detection
by law enforcement authorities,
e. prior convictions, if any, of an owner, or any other
person in control of the object, under state or
federal law related to controlled substance s or fraud,
and
f. the proximity of the substances to controlled
dangerous substances;
20. "Immediate precursor" means a substance which the Director
has found to be and by regulation designates as being the principal
compound commonly used or produced pr imarily for use, and which is
an immediate chemica l intermediary used, or likely to be used, in
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the manufacture of a controlled dangerous substance, the control of
which is necessary to prevent, curtail or limit such manufacture;
21. "Laboratory" means a laboratory approved by the Di rector as
proper to be entrusted with the custody of cont rolled dangerous
substances and the use of controlled dangerous substances for
scientific and medical purposes and for purposes of instruction;
22. "Manufacture" means the production, preparation,
propagation, compoundi ng or processing of a controlled dan gerous
substance, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis or by a comb ination of extraction and che mical
synthesis. "Manufacturer" includes any person who packages,
repackages or labels any container of any controlled dangerous
substance, except practitioners who dispense or compound
prescription orders for delivery to the ultimate consumer;
23. "Marijuana" means all parts of the plant Cannabis sativa
L., whether growing or not; the seeds thereof; the resin extracted
from any part of suc h plant; and every compound, manufacture, salt,
derivative, mixture or preparation of su ch plant, its seeds or
resin, but shall not includ e:
a. the mature stalks of such plan t or fiber produced from
such stalks,
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b. oil or cake made from the seeds of such p lant,
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, manufacture, salt, derivative,
mixture or preparation of such mature stalks (except
the resin extracted therefrom), including cannabidiol
derived from mature stalks, fiber, oil or cake,
d. the sterilized seed of such plant which is incapable
of germination,
e. for any person participating in a c linical trial to
administer cannabidiol for the treatment of severe
forms of epilepsy pursuant to Section 2 -802 of this
title, a drug or substance approved by the federal
Food and Drug Administration for us e by those
participants,
f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licens ed in this state
that the person has been diagnosed by a physician as
having Lennox-Gastaut syndrome, Dravet syndrome, also
known as severe myoclonic epilepsy of i nfancy, or any
other severe form of epilepsy that is not adequately
treated by traditional me dical therapies, spasticity
due to multiple sclerosis or due to paraplegia,
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intractable nausea and vomiting, appetite stimulation
with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive cannabinoid, found in
the plant Cannabis sativa L. or any other preparation
thereof, that has a tetrahydrocannabinol concentration
of not more than three-tenths of one percent (0.3%)
and that is delivered to the patient in t he form of a
liquid,
g. any federal Food-and-Drug-Administration-approved drug
or substance, or
h. industrial hemp, from the plant Cannabis sativa L. and
any part of such plant, whether growing or no t, with a
delta-9 or delta-8 tetrahydrocannabinol concent ration
of not more than three-tenths of one percent (0.3%) on
a dry weight basis w hich shall only be grown pursuant
to the Oklahoma Industrial Hemp Program and may be
shipped intrastate and interstat e;
24. "Medical purpose" means an intention to utilize a
controlled dangerous substance for physical or mental treatment, for
diagnosis, or for the prevention of a disease condition not in
violation of any state or federal law and not for the purpose of
satisfying physiologic al or psychological dependence or ot her abuse;
25. "Mid-level practitioner" means an Advanced Practice
Registered Nurse as defined and within parameters specified in
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Section 567.3a of Title 59 of the Oklah oma Statutes, or a certified
animal euthanasia tec hnician as defined in Section 698.2 of Title 59
of the Oklahoma Statutes, or an animal control officer registered by
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control
under subsection B of Section 2-301 of this title within the
parameters of such officer's duties under Sections 501 through 508
of Title 4 of the Oklahoma Statutes;
26. "Narcotic drug" means any of the following, whether
produced directly or indirectly by extraction from subst ances of
vegetable origin, or independently by mea ns of chemical synthesis,
or by a combination of extraction and chemical synthesis:
a. opium, coca leaves and opiates,
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or op iates,
c. cocaine, its salts, optical and geometri c isomers, and
salts of isomers,
d. ecgonine, its derivatives, their salts, isomers and
salts of isomers, and
e. a substance, and any compound, manufacture, salt,
derivative or preparation thereof, which is chemically
identical with any of the substances r eferred to in
subparagraphs a throug h d of this paragraph, except
that the words "narcotic drug" as used in Section 2 -
101 et seq. of this title shall not include
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decocainized coca leaves or extracts of coca leaves,
which extracts do no t contain cocaine or ecgonine;
27. "Opiate" or "opioid" means any Schedule II, III, IV or V
substance having an addiction -forming or addiction-sustaining
liability similar to morphine or being capable of conversion into a
drug having such addiction -forming or addiction-sustaining
liability. The terms do not include, unless specifically designated
as controlled under the Uniform Controlled D angerous Substances Act,
the dextrorotatory isomer of 3 -methoxy-n-methyl-morphinan and its
salts (dextromethorphan) . The terms do include the racemic and
levorotatory forms;
28. "Opium poppy" means the plant of the species Papaver
somniferum L., except t he seeds thereof;
29. "Peace officer" means a police officer, sheriff, deputy
sheriff, district attorney's investigator, investigator fro m the
Office of the Attorney General , or any other person elected or
appointed by law to enforce any of the criminal l aws of this state
or of the United States;
30. "Person" means an individual, corporatio n, government or
governmental subdivision or agenc y, business trust, estate, trust,
partnership or association, or any other legal entity;
31. "Poppy straw" means all parts, except the seeds, of the
opium poppy, after mowing;
32. "Practitioner" means:
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a. (1) a medical doctor or oste opathic physician,
(2) a dentist,
(3) a podiatrist,
(4) an optometrist,
(5) a veterinarian,
(6) a physician assistant or Advanced Practice
Registered Nurse under the supervision of a
licensed medical doctor or osteopathic physi cian,
(7) a scientific investigator, or
(8) any other person,
licensed, registered o r otherwise permitted to
prescribe, distribute, dispense, conduct research with
respect to, use for scientific purposes or administer
a controlled dangerous substance in th e course of
professional practice or research in t his state, or
b. a pharmacy, hospital, laboratory or other institution
licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect
to, use for scientific purposes or a dminister a
controlled dangerous substance in the course of
professional practice o r research in this state;
33. "Production" includes the manufacture, planting,
cultivation, growing or harvesting of a controlled dangerous
substance;
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34. "State" means the State of Oklahoma this state or any other
state of the United States;
35. "Ultimate user" means a person who lawfully possesses a
controlled dangerous substance for the person 's own use or for the
use of a member of the person 's household or for adminis tration to
an animal owned by the person or by a member of the person's
household;
36. "Drug paraphernalia" means all equipment, products and
materials of any kind which are used , intended for use, or fashioned
specifically for use in planting, propagatin g, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, con cealing, injecting, ingesting, inhaling or
otherwise introducing into the hum an body, a controlled dangerous
substance in violation of the Uniform Controlled Dangerous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashion ed specifically
for use in planting, propagating, cultivating, growing
or harvesting of any species of plant which is a
controlled dangerous substance or from which a
controlled dangerous substance can be derived,
b. kits used, intended for use, or fashion ed specifically
for use in manufacturing, compounding, converting,
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producing, processing or preparing controlled
dangerous substances,
c. isomerization devices used , intended for use, or
fashioned specifically for use in increasing the
potency of any speci es of plant which is a controlled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in identifying, or in analyzi ng
the strength, effectiveness or purity of controlled
dangerous substances,
e. scales and balances used, intended for use, or
fashioned specifically for use in weighing or
measuring controlled dangerous substa nces,
f. diluents and adulterants, such as q uinine
hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use, or fashi oned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifters used, intended f or use, or
fashioned specifically for use i n removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
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h. blenders, bowls, containers, spoons and mixing devices
used, intended for use, or fashio ned specifically for
use in compounding controlled dangerous substances,
i. capsules, balloons, envelopes and other containers
used, intended for use, or fashioned specifically fo r
use in packaging small quantities of controlled
dangerous substances,
j. containers and other objects used, intende d for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles and other objects used,
intended for use, or fashioned speci fically for use in
parenterally injectin g controlled dangerous substances
into the human body,
l. objects used, intended for use, or fashioned
specifically for use in ingesting, i nhaling or
otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, such as:
(1) metal, wooden, acrylic, glass, stone, plasti c or
ceramic pipes with or without screens, permanent
screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
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(4) smoking and carburet ion masks,
(5) roach clips, meaning obje cts used to hold burning
material, such as a marijuana ci garette, that has
become too small or too short to be held in the
hand,
(6) miniature cocaine spoons and cocaine vials,
(7) chamber pipes,
(8) carburetor pipes,
(9) electric pipes,
(10) air-driven pipes,
(11) chillums,
(12) bongs, or
(13) ice pipes or chillers,
m. all hidden or novelty pipes, and
n. any pipe that has a tobacco bowl or c hamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled danger ous
substance as defined in this section or any other
substances not legal for possession or use;
provided, however, the term "drug paraphernalia" shall not include
separation gins intended for use in preparing tea o r spice, clamps
used for constructing el ectrical equipment, water pipes designed for
ornamentation in which no detectable amount of an illegal substance
is found or pipes designed and used solely for smoking tobacco,
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traditional pipes of an American Indian tribal religious ceremony,
or antique pipes that are thirty (30) years of age or older;
37. a. "Synthetic controlled substance" means a substance:
(1) the chemical structure of w hich is substantially
similar to the chemical structure of a controlled
dangerous substance in Schedule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on the central nervous
system that is substantially similar to or
greater than the stimulant, depressant or
hallucinogenic effect on the central nervous
system of a controlled dangerous substance in
Schedule I or II, or
(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or hallucinogenic effect on the
central nervous system that is substantially
similar to or greater than the stimulant,
depressant, or hallucinogenic effect on the
central nervous system of a controlled dangerous
substance in Schedule I or II.
b. The designation of gamma butyrolactone or any other
chemical as a precursor, pursuant to Section 2-322 of
this title, does not p reclude a finding pursuant to
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subparagraph a of this para graph that the chemical is
a synthetic controlled substance.
c. "Synthetic controlled substance" does not include:
(1) a controlled dangerous substance,
(2) any substance for which there is an approv ed new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for t hat person under the
provisions of Section 505 of the Federal Food,
Drug and Cosmetic Act, Title 21 of the United
States Code, Section 355, to the extent conduct
with respect to such substance is pursuant to
such exemption, or
(4) any substance to the exte nt not intended for
human consumption before such an exemption takes
effect with respect to that substance.
d. Prima facie evidence that a substance containing
salvia divinorum has been enhanced, concentrated or
chemically or physically altered shall give rise to a
rebuttable presumption that the substance is a
synthetic controlled substance;
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38. "Tetrahydrocannabinols " means all substances that have been
chemically synthesiz ed to emulate the tetrahydrocannabinols of
marijuana;
39. "Isomer" means the optical isomer, except as used in
subsections C and F of Section 2 -204 of this title and paragraph 4
of subsection A of S ection 2-206 of this title. As used in
subsections C and F of Section 2-204 of this title, "isomer" means
the optical, positional or geome tric isomer. As used in paragraph 4
of subsection A of Section 2 -206 of this title, the term "isomer"
means the optical or geometric isomer;
40. "Hazardous materials" means materials, whether solid,
liquid or gas, which are toxic to human, animal, aquati c or plant
life, and the disposal of which materials is controlled by state o r
federal guidelines;
41. "Anhydrous ammonia" means any substance that exhibits
cryogenic evaporative behavior and tests positive for ammonia;
42. "Acute pain" means pain, whether resulting from disease,
accidental or intentional trauma or other cause, t hat the
practitioner reasonably expects to last only a short period of time .
"Acute pain" does not include chronic pain, pain being treated as
part of cancer care, hospice or oth er end-of-life care, or pain
being treated as part of palliative care;
43. "Chronic pain" means pain that persists b eyond the usual
course of an acute disease or healing of an injury. "Chronic pain"
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may or may not be associated with an acute or chronic p athologic
process that causes continuous or intermittent pain over months or
years;
44. "Initial prescription " means a prescription issued to a
patient who:
a. has never previously been issued a prescription for
the drug or its pharmaceutical equivalent i n the past
year, or
b. requires a prescription for the drug or its
pharmaceutical equivalent due to a surgical proced ure
or new acute event and has previously had a
prescription for the drug or its pharmaceutical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or i ts pharmaceutical equivalent, the
practitioner shall consult with the patient and review the medi cal
record and prescription monitoring information of the patient;
45. "Patient-provider agreement" means a written contract or
agreement that is executed bet ween a practitioner and a patient,
prior to the commencement of treatment for chronic pain using an
opioid drug as a means to:
a. explain the possible risk of development of physi cal
or psychological dependence in the patient and prevent
the possible development of addiction,
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b. document the understanding of both the practitioner
and the patient regar ding the patient-provider
agreement of the patient,
c. establish the rights of the patient in association
with treatment and the obligations of the patient in
relation to the responsible use, disc ontinuation of
use, and storage of opioid drugs, including a ny
restrictions on the refill of prescriptions or the
acceptance of opioid prescri ptions from practitioners,
d. identify the specific medications and other mod es of
treatment, including physical therapy or exercise,
relaxation or psychological counseling, that are
included as a part of the patient-provider agreement,
e. specify the measures the practitioner may employ to
monitor the compliance of the patient inc luding, but
not limited to, random specimen screens and pill
counts, and
f. delineate the process for terminating the agreement,
including the consequences if the practitioner has
reason to believe that the patient is not complying
with the terms of the ag reement. Compliance with the
"consent items" shall constitute a valid, informed
consent for opioid therapy. The practitioner shall be
held harmless from civil litigation for fai lure to
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treat pain if the event occurs because of nonadherence
by the patient with any of the provisions of the
patient-provider agreement;
46. "Serious illness" means a medical illness or physical
injury or condition that substantially affects quality of life for
more than a short period of time . "Serious illness" includes, but
is not limited to, Alzheimer 's disease or related dementias, lung
disease, cancer, heart failure, renal failure, liver failure or
chronic, unremitting or intractable pain such as neuropathic pain;
and
47. "Surgical procedure" means a procedure that is per formed
for the purpose of struct urally altering the human body by incision
or destruction of tiss ues as part of the practice of medicine. This
term includes the diagnostic or the rapeutic treatment of conditions
or disease processes by use of instruments s uch as lasers,
ultrasound, ionizing, radiation, scalpels, probes or needles that
cause localized alteration or transportation of live human tissue by
cutting, burning, vaporizing, freezing, suturing, probing or
manipulating by closed reduction for major di slocations or
fractures, or otherwise altering by any mechanical, thermal, light -
based, electromagnetic or chemical means.
SECTION 3. AMENDATORY 63 O.S. 2 021, Section 427.2, as
last amended by Section 4, Chapter 584 , O.S.L. 2021, is amended to
read as follows:
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Section 427.2. As used in the Oklahoma Medical Marij uana and
Patient Protection Act :
1. "Advertising" means the act of providing consideration for
the publication, dis semination, solicitation or circulation, of
visual, oral or written communication to induce dire ctly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase particular m edical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. "Authority" means the Oklahoma Medical Marijuana Authority ;
3. "Batch number" means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for in ventory tracking
and traceability;
4. "Cannabinoid" means any of the chemical compounds that are
active principles of marijuana;
5. "Caregiver" means a family member or assistant who r egularly
looks after a medical marijuana license holder whom a physi cian
attests needs assistance;
6. "Child-resistant" means special packaging that is:
a. designed or constructed to be significantly difficult
for children under five (5) years of age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995),
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b. opaque so that the outermost packaging doe s not allow
the product to be seen without o pening the packaging
material, and
c. resealable to maintain its ch ild-resistant
effectiveness for multipl e openings for any product
intended for more than a single use or containing
multiple servings;
7. "Clone" means a nonflowering plant cut from a moth er plant
that is capable of developin g into a new plant and has sho wn no
signs of flowering;
8. "Commissioner" means the State Commissioner of Health;
9. "Complete application" means a document prepared in
accordance with the provisions set forth in the Oklahoma Medical
Marijuana and Patient Protection Act , rules promulgated pursuant
thereto, and the forms and instructions provided by the Department
including any supporting documentation required and the applica ble
license application fee;
10. "Department" means the State Depar tment of Health;
11. "Director" means the Executive Director of th e Oklahoma
Medical Marijuana Authority;
12. "Dispense" means the selling of medical marijuana or a
medical marijuana pro duct to a qualified patient or the designate d
caregiver of the pat ient that is packaged in a suitable container
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appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. "Dispensary" means a medical marijuana dispensary, a n
entity that has been licensed by the Depar tment pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act to purchase
medical marijuana or medical marijuana products from a licensed
medical marijuana commercial grower or medical marijuana pro cessor,
sell medical marijuana or medical ma rijuana products to patients and
caregivers as defined under the Oklahoma Medical Marijuana and
Patient Protection Act , or sell or transfer products to another
dispensary;
14. "Edible medical marijuana product" means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limi ted to, any type of food, drink
or pill;
15. "Entity" means an individual, general partners hip, limited
partnership, limited liability compan y, trust, estate, association,
corporation, cooperative or any other legal or comm ercial entity;
16. "Flower" means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or par ts of the plant that are
harvested and used to cons ume in a variety of medical marijuana
products;
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17. "Flowering" means the reproductive state of the marijuana
or cannabis plant in which there are physical signs of flower or
budding out of the nodes of the stem;
18. "Food-based medical marijuana concent rate" means a medical
marijuana concentrate that was produced by extracting cannab inoids
from medical marijua na through the use of propylene glycol,
glycerin, butter, olive oil, coconut oil or other typi cal food-safe
cooking fats;
19. "Good cause" for purposes of an initial, renewal or
reinstatement license application, or for purposes of discipline of
a licensee, means:
a. the licensee or applicant has violated, does not meet,
or has failed to comply with any of the terms,
conditions or provisions of the act, any rules
promulgated pursuant the reto, or any supplemental
relevant state or local law, rule or regul ation,
b. the licensee or applicant has failed to comply with
any special terms or conditions that were placed upon
the license pursuant to an order of the State
Department of Health, Okl ahoma Medical Marijuana
Authority or the mun icipality, or
c. the licensed premises of a medical marijuana business
or applicant have been operated in a manner th at
adversely affects the public health or welfare or the
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safety of the immediate vicinity in w hich the
establishment is located;
20. "Harvest batch" means a specifically identified quantity of
medical marijuana that is uniform in strain, cultivated utili zing
the same cultivation practices, harvested at the same time from the
same location and cur ed under uniform conditions;
21. "Harvested marijuana" means post-flowering medical
marijuana not including trim, concentrate or waste;
22. "Heat- or pressure-based medical marijuana concentrate"
means a medical mariju ana concentrate that was produced by
extracting cannabinoids from medical marijuan a through the use of
heat or pressure;
23. "Immature plant" means a nonflowering marijuana plant that
has not demonstrated signs of f lowering;
24. "Inventory tracking syste m" means the required tracking
system that accounts for medical marijuana from eit her the seed or
immature plant stage until the medical marijuana or medical
marijuana product is sold to a patie nt at a medical mariju ana
dispensary, transferred to a medical marijuana research facility,
destroyed by a medical marijuana business or used in a research
project by a medical marijuana research facility;
25. "Licensed patient" or "patient" means a person who has been
issued a medical marijuana patient license by t he State Department
of Health or Oklahoma Medical Marijuana Authority;
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26. "Licensed premises" means the premises specified in an
application for a medical marijuana business license, medical
marijuana research faci lity license or medical marijuana educat ion
facility license pursuant to the Oklahoma Medical Marijuana and
Patient Protection Act that are owned or in possession of the
licensee and within which the licensee is authorized to cultiv ate,
manufacture, distribute, sell, store, transport, test or re search
medical marijuana or medical marijuan a products in accordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto;
27. "Manufacture" means the production, propagation,
compounding or processing of a medical marijuana product , excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, o r by a combination of extraction and
chemical synthesis;
28. "Marijuana" shall have the same meaning as such term is
defined in Section 2 -101 of this title and shall not include any
plant or material containing delta -8 or delta-10
tetrahydrocannabinol whi ch is grown, processed or sold pursuant to
the provisions of the Oklah oma Industrial Hemp Program;
29. "Material change" means any change that would require a
substantive revision to the standard operating procedures of a
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licensee for the cultivation or p roduction of medical marijuana,
medical marijuana concentrate or medic al marijuana products;
30. "Mature plant" means a harvestable female marijuana plant
that is flowering;
31. "Medical marijuana business (MMB) " means a licensed medical
marijuana dispensary, medical marijuana processor, medic al marijuana
commercial grower, medical marijuana laboratory, medical marijuana
business operator or a medical marijuana transporter;
32. "Medical marijuana concentrate " or "concentrate" means a
specific subset of m edical marijuana that was produced by ex tracting
cannabinoids from medical marijuana. Categories of medical
marijuana concentrate include water -based medical marijuana
concentrate, food-based medical marijuana concentrate, so lvent-based
medical marijuana concentrate, and heat- or pressure-based medical
marijuana concentrate;
33. "Medical marijuana commercial grower " or "commercial
grower" means an entity licensed to cultivate, prepare and package
medical marijuana and transf er or contract for transfer med ical
marijuana to a medical marijuana di spensary, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufacture rs. A commercial grower may se ll seeds,
flower or clones to commercial growers pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act ;
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34. "Medical marijuana education facility " or "education
facility" means a person or entity approved pu rsuant to the Oklahoma
Medical Marijuana and Patient Protection Act to operate a facility
providing training and edu cation to individuals involving the
cultivation, growing, harvesting, curing, preparing, packaging or
testing of medical marijuana, or the p roduction, manufacture,
extraction, processing, packaging or creation of medical-marijuana-
infused products or medic al marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act ;
35. "Medical-marijuana-infused product" means a product infused
with medical marijuana including, but not limited to, edible
products, ointments and tinctures ;
36. "Medical marijuana product " or "product" means a product
that contains cannabinoids that have been extracted from plant
material or the resin therefrom by physical o r chemical means and is
intended for administration to a qualified patient including , but
not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids and forms administered by a
nebulizer, excluding live plant for ms which are considered medical
marijuana;
37. "Medical marijuana processor " means a person or entity
licensed pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act to operate a business including the pro duction,
manufacture, extraction, p rocessing, packaging or creation of
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concentrate, medical-marijuana-infused products or medical marijuana
products as described in the Oklahoma Medical Marijuana and Patient
Protection Act;
38. "Medical marijuana re search facility" or "research
facility" means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Pati ent Protection Act to conduct medical
marijuana research. A medical marijuana research facility is not a
medical marijuana business;
39. "Medical marijuana testing labora tory" or "laboratory"
means a public or private laboratory licensed pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act , to conduct
testing and research on medical marijuana and medical marijuana
products;
40. "Medical marijuana transpor ter" or "transporter" means a
person or entity that is licensed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act . A medical marijuana
transporter does not include a medical marijuana business that
transports its own medical mariju ana, medical marijuana concentrate
or medical marijuana products to a property or facili ty adjacent to
or connected to the licensed premises if the property is another
licensed premises of t he same medical marijuana busine ss;
41. "Medical marijuana waste " or "waste" means unused, surplus,
returned or out-of-date marijuana, plant debris of th e plant of the
genus Cannabis including dead plants and all unused plant parts and
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roots, except the term shall not include roots, st ems, stalks and
fan leaves;
42. "Medical use" means the acquisition, possessio n, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medi cal marijuana to treat a
licensed patient;
43. "Mother plant" means a marijuana plant that is grown or
maintained for the p urpose of generating clones, and that will not
be used to produce plant material for sale to a med ical marijuana
processor or medical marijuana dispensary;
44. "Oklahoma physician" or "physician" means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Exam iners;
45. "Oklahoma resident" means an individual who can provide
proof of residency as required by the Oklahoma Medical Mar ijuana and
Patient Protection Act ;
46. "Owner" means, except where the context otherw ise requires,
a direct beneficial owner in cluding, but not limited t o, all persons
or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
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c. all general partners and all limited partn ers that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own inter est in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal en tity, and
i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
47. "Package" or "packaging" means any container or wrapper
that may be used by a medical marijuana business to enclos e or
contain medical marijuana;
48. "Person" means a natural person, partn ership, association,
business trust, compa ny, corporation, estate, l imited liability
company, trust or any other legal entity or organiza tion, or a
manager, agent, owner, director, servant, officer or employee
thereof, except that "person" does not include any governmental
organization;
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49. "Pesticide" means any substance or mixture of substances
intended for preventing, destroying, repell ing or mitigating any
pest or any substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant, except that the term
"pesticide" shall not include any article that is a "new animal
drug" as designated by the United State s Food and Drug
Administration;
50. "Production batch" means:
a. any amount of medical marijuana concentrate of the
same category and produced using the same extraction
methods, standard operating procedures and an
identical group of harvest batch of medi cal marijuana,
or
b. any amount of medical m arijuana product of the same
exact type, produced using the same ingred ients,
standard operating procedures and t he same production
batch of medical marijuana concentrate;
51. "Public institution" means any entity established or
controlled by the federal government, state government, or a local
government or municipality in cluding, but not limited to,
institutions of higher education or rel ated research instit utions;
52. "Public money" means any funds or money o btained by the
holder from any governmental entity including, but not limited to,
research grants;
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53. "Recommendation" means a document that is signed o r
electronically submitted by a physician on beh alf of a patient for
the use of medical marijuana purs uant to the Oklahoma Medical
Marijuana and Patient Protection Act ;
54. "Registered to conduct busines s" means a person that has
provided proof that the business applicant is in good standing w ith
the Oklahoma Secretary of State and Oklahoma Tax Commission ;
55. "Remediation" means the process by wh ich the medical
marijuana flower or trim, which has faile d microbial testing, is
processed into solvent -based medical marijuana concentrate and
retested as required by the Oklahoma Medical Marijuana and Patient
Protection Act;
56. "Research project" means a discrete scientific endeavor to
answer a research question or a set of research questions related to
medical marijuana and is required fo r a medical marijuana research
license. A research project shall includ e a description of a
defined protocol, clear ly articulated goals, defined methods and
outputs, and a defined start and end date. The description shall
demonstrate that the research pr oject will comply with all
requirements in the Oklahoma Medical Marijuan a and Patient
Protection Act and rules promulgated pursuant thereto. All research
and development conducted by a medical marijuana research facility
shall be conducted in fur therance of an approved research project;
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57. "Revocation" means the final decis ion by the Department
that any license issue d pursuant to the Oklahoma Medical Marijuana
and Patient Protection Act is rescinded because the individual or
entity does not comply with the applicable requirements set f orth in
the Oklahoma Medical Marijuana a nd Patient Protection Act or rules
promulgated pursuant thereto;
58. "School" means a public or private preschool or a public or
private elementary or secondary school which is primarily used for
classroom instruction. A homeschool, daycare or child-care facility
shall not be considered a "school" as used in the Oklahoma Medical
Marijuana and Patient Pro tection Act;
59. "Shipping container" means a hard-sided container with a
lid or other enclosure that can be secu red in place. A shipping
container is used solely for the transport of m edical marijuana,
medical marijuana concentrate, or medical marijuan a products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana educ ation facility;
60. "Solvent-based medical marijuana concentrate" means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical mariju ana through the use of a solvent
approved by the Department;
61. "State Question" means Oklahoma State Question No. 788,
Initiative Petition No. 412, approve d by a majority vote of the
citizens of Oklahoma on June 26, 2018;
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62. "Strain" means the classification of marijuana or cannabis
plants in either pure sativa, indica, afghanica, ruder alis or hybrid
varieties;
63. "THC" means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by dec arboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
64. "Test batch" means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, t hat is harvested during a seven -day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from usable marijuana, means an identified
quantity that is uniform, that is intended to meet specifications
for identity, strength and composition, and that is manufactured,
packaged and labeled during a specified time period according to a
single manufacturing, packaging and labeling p rotocol;
65. "Transporter agent" means a person who transports medical
marijuana or medical ma rijuana products for a licensed tr ansporter
and holds a transporter agent license pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
66. "Universal symbol" means the image established by the State
Department of Health or Okla homa Medical Marijuana Authority an d
made available to licensees through its website indicating that the
medical marijuana or the m edical marijuana product contains THC;
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67. "Usable marijuana" means the dried leave s, flowers, oils,
vapors, waxes and othe r portions of the marijuana plant an d any
mixture or preparation thereof, excluding seeds, roots, stems,
stalks and fan leaves; and
68. "Water-based medical marijuana conc entrate" means a
concentrate that was produc ed by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
SECTION 4. This act shall become effective Novembe r 1, 2022.
58-2-2758 JES 1/18/2022 9:40:45 AM