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ENGROSSED SENATE
BILL NO. 1338 By: Bullard of the Senate
and
Dempsey of the House
[ controlled dangerous substances - certain substance
- exceptions - applicability of certain inclusion -
definitions used in the Oklahoma M edical Marijuana
and Patient Protection Act - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021 , Section 2-101, as
last amended by Section 1, Chapter 222, O.S.L. 2021, is amend ed to
read as follows:
Section 2-101. As used in the Uniform Controlled Dangerous
Substances Act:
1. “Administer” means the direct applicatio n of a controlled
dangerous substance, whether by injection, inhalation, ingestion or
any other means, to the bod y of a patient, animal or research
subject by:
a. a practitioner (or, in the presence of the
practitioner, by the authorized agent of the
practitioner), or
b. the patient or research subject at the direction and
in the presence of the practitioner;
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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 authorized person wh o acts on behalf
of or at the direction of a person who manufactures, distributes ,
dispenses, prescribes, administers or uses for scientific purposes
controlled dangerous substances but does not include a common or
contract carrier, public warehouser or em ployee thereof, or a person
required to register under the Uniform Controlled Dan gerous
Substances Act;
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 preparation of coca
leaves, except derivatives of coca leaves whi ch do not contain
cocaine or ecgonine;
6. “Commissioner” or “Director” means the Director of the
Oklahoma State Burea u of Narcotics and Dangerous Drugs Control;
7. “Control” means to add, remove or change the placement of a
drug, substance or immediate p recursor under the Uniform Controlled
Dangerous Substances Act;
8. “Controlled dangerous substance ” means a drug, substance or
immediate precursor in Schedules I through V of the Uniform
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Controlled Dangerous Substances Act or any drug, substance or
immediate precursor listed either temporari ly or permanently as a
federally controlled substance. Any conflict between stat e 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 authorization, be ars
the trademark, trade name or other identifying marks, imprint,
number or device or any likeness thereof of a manufacturer,
distributor or dispenser other than the person w ho in fact
manufactured, distributed or dispensed the substance;
10. “Deliver” or “delivery” means the actual, constructive or
attempted transfer from one person to another of a controlled
dangerous substance or drug p araphernalia, whether or not there is
an agency relationship;
11. “Dispense” means to deliver a controlled dangerous
substance to an ultimate user or human research subject by or
pursuant to the lawful order of a practitioner , including the
prescribing, administering, packaging, labeling or compounding
necessary to prepare the substance 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 administering
or dispensing a controlled dangerous substance;
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13. “Distributor” means a commercial entity engaged in the
distribution or reverse distribution of narcotics and dangerous
drugs and who complies with all regulations pr omulgated by the
federal Drug Enforce ment Administration and the Oklahoma State
Bureau of Narcotics and Dangerous Drug s Control;
14. “Drug” means articles:
a. recognized in the official United States Pharmacopeia,
official Homeopathic Pharmacopoeia of the United
States, or official National Formulary, or any
supplement to any of them,
b. intended for use in the diagnosis , 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 othe r 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 substance on a continuous basis. Drug
dependence is characterize d by behavioral and other responses w hich
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include a strong compulsion to take 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 organization which
administers, offers, or provides home care services , for a fee or
pursuant to a contract for such services, to clients in their place
of residence;
17. “Home care services” means skilled or personal care
services provided to clients in their place of residence for 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, nonpr ofit or for-profit, medically directed,
nurse-coordinated program if such program is licensed pursuant to
the provisions of the Uniform Co ntrolled Dangerous Substances 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 experienced during the final stages of illness
and during dying and bereavement. This care is availabl e 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
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refers to Medicare-certified hospices. “Class B” refers to all
other providers of hospice services;
19. “Imitation controlled substance ” means a substance that is
not a controlled dangerous sub stance, which by dosage unit
appearance, color, shape, size, markings or by representations made,
would lead a reasonable person to believ e that the substance is a
controlled dangerous substance. In the event the appearance of the
dosage unit is not reaso nably sufficient to establish that the
substance is an “imitation controlled substance ”, the court or
authority concerned should consider, in addition to all other
factors, the following factors as related to “representations made ”
in determining whether t he 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 effect,
b. statements made to the recipient that the substance
may be resold for inordinate profit,
c. whether the substance is packaged in a manner normally
used for illicit controlled substa nces,
d. evasive tactics or actions utilized by th e owner or
person in control of the substance to avoid detection
by law enforcement authorities,
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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 substances 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 primarily for use, and which is
an immediate chemical intermediary used, or likely to be used, in
the manufacture of a controlled dangerous substance, the control of
which is necessary to prevent, curtail or limit such m anufacture;
21. “Laboratory” means a laboratory a pproved by the Director as
proper to be entrusted with the custody of controlled dangerous
substances and the use of controlled dangerous substances for
scientific and medical purposes and for purposes of i nstruction;
22. “Manufacture” means the production, preparation,
propagation, compounding or processing of a controlled dangerous
substance, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by me ans
of chemical synthesis or by a combination of e xtraction and chemical
synthesis. “Manufacturer” includes any person who package s,
repackages or labels any container of any controlled dangerous
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substance, except practitioners who dispense or compound
prescription orders for delivery to the ultimate con sumer;
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 such plant; and every compound, manufacture, salt,
derivative, mixture or preparation of such plant, it s seeds or
resin, but shall not include:
a. the mature stalks of such plant or fi ber produced from
such stalks,
b. oil or cake made from the seeds of such plant ,
including cannabidiol derived from the seeds of the
marijuana plant,
c. any other compound, ma nufacture, 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 clinical 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 feder al
Food and Drug Administration for use by those
participants,
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f. for any person or the parents, legal guardians or
caretakers of the person who have received a written
certification from a physician licensed in this state
that the person has been diagnose d by a physician as
having Lennox-Gastaut syndrome, Dravet syndrome, also
known as severe myoclonic epilepsy of infancy, or any
other severe form of epilepsy that is not adequately
treated by traditional medical therapies, spasticity
due to multiple sclero sis or due to paraplegia,
intractable nausea and v omiting, 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 tetr ahydrocannabinol concentration
of not more than three-tenths of one percent (0.3%)
and that is delivered to the patient in the form of a
liquid,
g. any federal Food-and-Drug-Administration-approved drug
or substance, or
h. industrial hemp, from the plant C annabis sativa L. and
any part of such plant, whet her growing or not, with a
delta-9 tetrahydrocannabinol concentration of not more
than three-tenths of one percent (0.3%) on a dry
weight basis which shall only be grown pursuant to the
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Oklahoma Industrial Hemp Program and may be shipped
intrastate and interstate;
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 purpos e of
satisfying physiological or psychological dependence or other abuse;
25. “Mid-level practitioner” means an Advanced Practice
Registered Nurse as defined and within parameters specified in
Section 567.3a of Title 59 of the Oklahoma Statutes, or a cert ified
animal euthanasia technician 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 Con trol
under subsection B of Section 2 -301 of this title within the
parameters of such officer ’s duties under Sections 501 through 50 8
of Title 4 of the Oklahoma Statutes;
26. “Narcotic drug” means any of the following, whether
produced directly or indirect ly by extraction from substances of
vegetable origin, or independently by means of chemical synthesis,
or by a combination of extra ction and chemical synthesis:
a. opium, coca leaves and opiates,
b. a compound, manufacture, salt, derivative or
preparation of opium, coca leaves or opiates,
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c. cocaine, its salts, optical and geometric 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 referred to in
subparagraphs a through d of this paragr aph, except
that the words “narcotic drug” as used in Section 2 -
101 et seq. of this title shall not include
decocainized coca leaves or extracts of coca leaves,
which extracts do not 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 spec ifically designated
as controlled under the Uniform Controlled Dangerous Substances Act,
the dextrorotatory i somer of 3-methoxy-n-methyl-morphinan and its
salts (dextromethorp han). The terms do include the racemic and
levorotatory forms;
28. “Opium poppy” means the plant of the species Papaver
somniferum L., except the seeds thereof;
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29. “Peace officer” means a police officer, sheriff, deputy
sheriff, district attorney ’s investigator, investigator from the
Office of the Attorney General, or any other per son elected or
appointed by law to enforce any of the criminal laws of this state
or of the United States;
30. “Person” means an individual, corporation, government or
governmental subdivision or agency, business trust, estate, trust,
partnership or assoc iation, or any other legal entity;
31. “Poppy straw” means all parts, except the seeds, of the
opium poppy, after mowing;
32. “Practitioner” means:
a. (1) a medical doctor or osteopathic 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 physician,
(7) a scientific investigator, or
(8) any other person,
licensed, registered or otherwise permitte d to
prescribe, distribute, dispense, conduct research with
respect to, use for scientific purposes or administer
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a controlled dangerous substance in the course of
professional practice or research in this state, or
b. a pharmacy, hospital, laboratory or o ther institution
licensed, registered or otherwise permitted to
distribute, dispense, conduct research with respect
to, use for scientific purposes or administer a
controlled dangerous substance in the course of
professional practice or research in this st ate;
33. “Production” includes the manufacture, planting,
cultivation, growing or harvesting of a cont rolled dangerous
substance;
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 administration 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 fashi oned
specifically for use in planting, propagating, cultivating, growing ,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingestin g, inhaling or
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otherwise introducing into the human body, a controlled d angerous
substance in violation of the Uniform Controlled Dangerous
Substances Act including, but not limited to:
a. kits used, intended for use, or fashioned 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 fashioned specifically
for use in manufacturing, compounding, converting,
producing, processing or preparin g controlled
dangerous substances,
c. isomerization devices used, intended for us e, or
fashioned specifically for use in increasing the
potency of any species of plant which is a contr olled
dangerous substance,
d. testing equipment used, intended for use, or fashioned
specifically for use in identifying, or in analyzing
the strength, effectiveness or purity of controlled
dangerous substances,
e. scales and balances used, intended for us e, or
fashioned specifically for use in weighing or
measuring controlled dangerous substances,
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f. diluents and adulterants, such as quinine
hydrochloride, mannitol, mannite, dextrose and
lactose, used, intended for use, or fashioned
specifically for use in cutting controlled dangerous
substances,
g. separation gins and sifters used, intended for use, or
fashioned specifically for use in removing twigs and
seeds from, or in otherwise cleaning or refining,
marijuana,
h. blenders, bowls, containers, spoons and mixing devices
used, intended for use, or fashioned specifically for
use in compounding controlled dangerous substances,
i. capsules, balloons, envelope s and other containers
used, intended for use, or fashioned specifically for
use in packaging small qua ntities of controlled
dangerous substances,
j. containers and other obje cts used, intended for use,
or fashioned specifically for use in parenterally
injecting controlled dangerous substances into the
human body,
k. hypodermic syringes, needles and other o bjects used,
intended for use, or fashioned specifically for use in
parenterally injecting controlled dangerous substances
into the human body,
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l. objects used, intended for use, or fashioned
specifically for use in ingesting, inhaling or
otherwise introducing marijuana, cocaine, hashish or
hashish oil into the human body, suc h as:
(1) metal, wooden, acrylic, glass, stone, plastic or
ceramic pipes with or without screens, permanent
screens, hashish heads or punctured metal bowls,
(2) water pipes,
(3) carburetion tubes and devices,
(4) smoking and carburetion masks,
(5) roach clips, meaning objects used to hold burning
material, such as a marijuana cigarette , 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
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n. any pipe that has a tobacco bowl or chamber of less
than one-half (1/2) inch in diameter in which there is
any detectable residue of any controlled dangerous
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 or spice, clamps
used for constructing electrical equipment, water pipes designed for
ornamentation in which no detectable amount of an illegal substance
is found or pipes designed and used solely for s moking tobacco,
traditional pipes of an American Indian tribal religious cerem ony,
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 which is substantially
similar to the chemical structure of a controlled
dangerous substance in Sched ule I or II,
(2) which has a stimulant, depressant, or
hallucinogenic effect on t he central nervous
system that is substantially similar to or
greater than the stim ulant, depressant or
hallucinogenic effect on the central nervous
system of a controlled dan gerous substance in
Schedule I or II, or
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(3) with respect to a particular person, which such
person represents or intends to have a stimulant,
depressant, or halluc inogenic effect on the
central nervous system that is substantially
similar to or greater th an 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 preclude a finding pursuant to
subparagraph a of this paragraph t hat the chemical is
a synthetic controlled substance.
c. “Synthetic controlled subs tance” does not include:
(1) a controlled dangerous substance,
(2) any substance for which t here is an approved new
drug application,
(3) with respect to a particular person any
substance, if an exemption is in effect for
investigational use, for that pers on 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
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with respect to such substance is pursuant to
such exemption, or
(4) any substance to the extent not i ntended for
human consumption before such an exemption takes
effect with respect to that sub stance.
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;
38. “Tetrahydrocannabinols” means delta-9 tetrahydrocannabinol ,
the primary psychotropic ca nnabinoid in marijuana, and all isomers,
precursors, and other variations of tetrahydrocannabinol and all
substances that have been chemically synthesized to emulate the
tetrahydrocannabinols of marijuana including but not limited to
delta-8 or delta-10 tetrahydrocannabinol;
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 Section 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 geometric isomer. As used in paragraph 4
of subsection A of Section 2 -206 of this title, the term “isomer”
means the optical or geo metric isomer;
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40. “Hazardous materials” means materials, whether solid,
liquid or gas, which are toxic to human, animal, aquatic or plant
life, and the disposal of which materials is controlled by state or
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, that the
practitioner reasonably expects to last on ly a short period of time.
“Acute pain” does not include chronic pain, pain bein g treated as
part of cancer care, hospice or other end -of-life care, or pain
being treated as part of palliative care;
43. “Chronic pain” means pain that persists beyond the usual
course of an acute disease or healing of an injury. “Chronic pain”
may or may not be associated with an acute or chronic pathologic
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 in the past
year, or
b. requires a prescription for the drug or its
pharmaceutical equivalent due to a surgical procedure
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or new acute event and has previously had a
prescription for the drug or its pharmaceut ical
equivalent within the past year.
When determining whether a patient was previously issued a
prescription for a drug or its pharmaceutical equivalent, the
practitioner shall consult with the patient and review the medical
record and prescription monito ring information of the patient;
45. “Patient-provider agreement” means a written contract or
agreement that is executed between 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 physical
or psychological dependence in the patient and prevent
the possible development of addiction,
b. document the understanding of both the practitioner
and the patient regarding 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, discontinuation o f
use, and storage of opioid drugs , including any
restrictions on the refill of p rescriptions or the
acceptance of opioid prescriptions from practitioners,
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d. identify the specific medications and other modes of
treatment, including physical therapy or exe rcise,
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 including, but
not limited to, random specimen screen s 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 agreement. Compliance with the
“consent items” shall constitute a valid, informed
consent for opioid therapy. The practitioner shal l be
held harmless from civil litigation for failure to
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
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chronic, unremitting or intractable pain such as neuropathic pain;
and
47. “Surgical procedure” means a procedure that is performed
for the purpose of structurally altering th e human body by incision
or destruction of tissues as part of the practice of med icine. This
term includes the diagnostic or therapeutic treatment of conditions
or disease processes by use of instruments such as lasers,
ultrasound, ionizing, radiation, sc alpels, probes or needles that
cause localized alteration or transportation of li ve human tissue by
cutting, burning, vaporizing, freezing, suturing, probing or
manipulating by closed reduction for major dislocations or
fractures, or otherwise altering by any mechanical, thermal, light-
based, electromagnetic or chemical means.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 2 -204, is
amended to read as follows:
Section 2-204. The controlled substances listed in this section
are included in Schedule I and include any material, compound,
mixture or preparatio n that contains any quantity of the following
hallucinogenic substances, their salts, isomers and salts of
isomers, unless specifically excepted, when the existence of these
salts, isomers and salts of isomers is possible within the specific
chemical designation.
A. Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
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unless specifically excepted, when the existence o f these isomers,
esters, ethers, and salts is possible within the specific chemical
designation:
1. Acetylmethadol;
2. Allylprodine;
3. Alphacetylmethadol;
4. Alphameprodine;
5. Alphamethadol;
6. Benzethidine;
7. Betacetylmethadol;
8. Betameprodine;
9. Betamethadol;
10. Betaprodine;
11. Clonitazene;
12. Dextromoramide;
13. Dextrorphan (except its methyl ether);
14. Diampromide;
15. Diethylthiambutene;
16. Dimenoxadol;
17. Dimepheptanol;
18. Dimethylthiambutene;
19. Dioxaphetyl butyrate;
20. Dipipanone;
21. Ethylmethylthiambutene;
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22. Etonitazene;
23. Etoxeridine;
24. Furethidine;
25. Hydroxypethidine;
26. Ketobemidone;
27. Levomoramide;
28. Levophenacylmorphan;
29. Morpheridine;
30. Noracymethadol;
31. Norlevorphanol;
32. Normethadone;
33. Norpipanone;
34. Phenadoxone;
35. Phenampromide;
36. Phenomorphan;
37. Phenoperidine;
38. Piritramide;
39. Proheptazine;
40. Properidine;
41. Racemoramide; or
42. Trimeperidine.
B. Any of the following opium derivatives, their salt s,
isomers, and salts of isomers, unless specifical ly excepted, when
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the existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation:
1. Acetorphine;
2. Acetyldihydrocodeine;
3. Benzylmorphine;
4. Codeine methylbromide;
5. Codeine-N-Oxide;
6. Cyprenorphine;
7. Desomorphine;
8. Dihydromorphine;
9. Etorphine;
10. Heroin;
11. Hydromorphinol;
12. Methyldesorphine;
13. Methylhydromorphine;
14. Morphine methylbromide;
15. Morphine methylsulfonate;
16. Morphine-N-Oxide;
17. Myrophine;
18. Nicocodeine;
19. Nicomorphine;
20. Normorphine;
21. Phoclodine;
22. Thebacon;
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23. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-acetamide
(Acetyl fentanyl);
24. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butenamide
(Crotonyl fentanyl);
25. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-2-
furancarboxamide (Furanyl fentanyl);
26. N-phenyl-1-(2-phenylethyl)-4-piperidinamine (4-ANPP);
27. N-(1-phenethylpiperidin-4-yl)-N-
phenylcyclopropanecarboxamide (Cyclopropyl fentanyl); or
28. N-phenyl-N-[1-(2-phenylethyl)-4-piperidinyl]-butanamide
(Butyrl fentanyl).
C. Any material, compound, mixture, or preparation which
contains any quantity of the following hallucinogenic substances,
their salts, isomers, and salts of is omers, unless specifically
excepted, when the existence of these salts, isomers, and salts of
isomers is possible within the specific chemical designation:
1. Methcathinone;
2. 3, 4-methylenedioxy amphetamine;
3. 3, 4-methylenedioxy methamphetamine;
4. 5-methoxy-3, 4-methylenedioxy amphetamine ;
5. 3, 4, 5-trimethoxy amphetamine;
6. Bufotenine;
7. Diethyltryptamine;
8. Dimethyltryptamine;
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9. 4-methyl-2, 5-dimethoxyamphetamine;
10. Ibogaine;
11. Lysergic acid diethylamide;
12. Marijuana;
13. Mescaline;
14. N-benzylpiperazine;
15. N-ethyl-3-piperidyl benzilate;
16. N-methyl-3-piperidyl benzilate;
17. Psilocybin;
18. Psilocyn;
19. 2, 5 dimethoxyamphetamine;
20. 4 Bromo-2, 5-dimethoxyamphetamine;
21. 4 methoxyamphetamine;
22. Cyclohexamine;
23. Salvia Divinorum;
24. Salvinorin A;
25. Thiophene Analog of Phencyclidine. Also known as: 1-(1-(2-
thienyl) cyclohexyl) piperidine; 2 -Thienyl Analog of Phencyclidine;
TPCP, TCP;
26. Phencyclidine (PCP);
27. Pyrrolidine Analog for Phencyclidine. A lso known as 1-(1-
Phenylcyclohexyl) - Pyrrolidine, PCPy, PHP;
28. 1-(3-trifluoromethylphenyl) piperazine;
29. Flunitrazepam;
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30. B-hydroxy-amphetamine;
31. B-ketoamphetamine;
32. 2,5-dimethoxy-4-nitroamphetamine;
33. 2,5-dimethoxy-4-bromophenethylamine;
34. 2,5-dimethoxy-4-chlorophenethylamine;
35. 2,5-dimethoxy-4-iodoamphetamine;
36. 2,5-dimethoxy-4-iodophenethylamine;
37. 2,5-dimethoxy-4-methylphenethylamine;
38. 2,5-dimethoxy-4-ethylphenethylamine;
39. 2,5-dimethoxy-4-fluorophenethylamine;
40. 2,5-dimethoxy-4-nitrophenethylamine;
41. 2,5-dimethoxy-4-ethylthio-phenethylamine;
42. 2,5-dimethoxy-4-isopropylthio-phenethylamine;
43. 2,5-dimethoxy-4-propylthio-phenethylamine;
44. 2,5-dimethoxy-4-cyclopropylmethylthio-phenethylamine;
45. 2,5-dimethoxy-4-tert-butylthio-phenethylamine;
46. 2,5-dimethoxy-4-(2-fluoroethylthio)-phenethylamine;
47. 5-methoxy-N, N-dimethyltryptamine;
48. N-methyltryptamine;
49. A-ethyltryptamine;
50. A-methyltryptamine;
51. N, N-diethyltryptamine;
52. N, N-diisopropyltryptamine;
53. N, N-dipropyltryptamine;
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54. 5-methoxy-a-methyltryptamine;
55. 4-hydroxy-N, N-diethyltryptamine;
56. 4-hydroxy-N, N-diisopropyltryptamine;
57. 5-methoxy-N, N-diisopropyltryptamine;
58. 4-hydroxy-N-isopropyl-N-methyltryptamine;
59. 3,4-Methylenedioxymethcathinone (Methylone);
60. 3,4-Methylenedioxypyrovaler one (MDPV);
61. 4-Methylmethcathinone (Mephedrone);
62. 4-methoxymethcathinone;
63. 4-Fluoromethcathinone;
64. 3-Fluoromethcathinone;
65. 1-(8-bromobenzo 1,2-b;4,5-b’ difuran-4-yl)-2-aminopropane;
66. 2,5-Dimethoxy-4-chloroamphetamine;
67. 4-Methylethcathinone;
68. Pyrovalerone;
69. N,N-diallyl-5-methoxytryptamine;
70. 3,4-Methylenedioxy-N-ethylcathinone (Ethylone);
71. B-keto-N-Methylbenzodioxolylbutanamine (Butylon e);
72. B-keto-Methylbenzodioxolylpentanamine (Pentylone);
73. Alpha-Pyrrolidinopentiophenone;
74. 4-Fluoroamphetamine;
75. Pentedrone;
76. 4’-Methyl-a-pyrrolidinohexaphenone;
77. 2,5-dimethoxy-4-(n)-propylphenethylamine;
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78. 2,5-dimethoxyphenethylamine;
79. 1,4-Dibenzylpiperazine;
80. N,N-Dimethylamphetamine;
81. 4-Fluoromethamphetamine;
82. 4-Chloro-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine
(25C-NBOMe);
83. 4-Iodo-2,5-dimethoxy-N-(2-methoxybenzyl)phenethylamine
(25I-NBOMe);
84. 4-Bromo-2,5-dimethoxy-N-(2-methoxybenzy)phenethylamine
(25B-NBOMe);
85. 1-(4-Fluorophenyl)piperazine;
86. Methoxetamine;
87. 3,4-dichloro-N[2-dimethylamino)cyclohexyl] -N-
methylbenzamide;
88. N-ethyl hexadrone;
89. Isopropyl-U-47700;
90. Para-fluorobutyrl fentanyl;
91. Fluoro isobutryrl fentanyl;
92. 3-Hydroxy Phencyclidine (PCP); or
93. 3-methoxy Phencyclidine (PCP); or
94. Tetrahydrocannabinol s. For the purposes of this paragraph,
tetrahydrocannabinols:
a. includes:
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(1) delta-8 tetrahydrocannabinol in a concentration
of more than two percent (2%), or
(2) except as provided by divisi on 2 of subparagraph
b of this paragraph, any other
tetrahydrocannabinols in any concentration , and
b. does not include:
(1) delta-8 tetrahydrocannabinol in a concentration
of not more than two percent (2%), or
(2) any tetrahydrocannabinols specifically excepted
or listed in a different schedule including but
not limited to delta-9 tetrahydrocannabinol as
provided under Section 2 -208 of this title.
D. Unless specifically excep ted or unless listed in a different
schedule, any material, compound, mixture, or preparation which
contains any quantity of the following substances having stimulant
or depressant effect on the central nervous system:
1. Fenethylline;
2. Mecloqualone;
3. N-ethylamphetamine;
4. Methaqualone;
5. Gamma-Hydroxybutyric Acid, also know n as GHB, gamma-
hydroxybutyrate, 4-hydroxybutyrate, 4-hydroxybutanoic acid, sodium
oxybate, and sodium oxybutyrate;
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6. Gamma-Butyrolactone (GBL) as packaged, marketed,
manufactured or promoted for human consumption, with the exception
of legitimate food a dditive and manufacturing purposes;
7. Gamma Hydroxyvalerate (GHV) as packaged, marketed, or
manufactured for human consumption, with the exception of legitimate
food additive and manufacturing purposes;
8. Gamma Valerolactone (GVL) as packaged, marketed , or
manufactured for human consumption, with the exception of legitimate
food additive and manufacturing purposes;
9. 1,4 Butanediol (1,4 BD or BDO) as packaged, marketed,
manufactured, or promoted for human consumption with the exception
of legitimate manufacturing purposes; or
10. N-ethylpentylone.
E. 1. The following industrial uses of Gamma -Butyrolactone,
Gamma Hydroxyvalerate, Gamma Valerolactone, or 1,4 Butanediol ar e
excluded from all schedules of controlled substances under this
title:
a. pesticides,
b. photochemical etching,
c. electrolytes of small batteries or capacitors,
d. viscosity modifiers in polyurethane,
e. surface etching of metal coated plastics,
f. organic paint disbursements for water soluble inks,
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g. pH regulators in the dyeing o f wool and polyamide
fibers,
h. foundry chemistry as a catalyst during curing,
i. curing agents in many coating systems based on
urethanes and amides,
j. additives and flavorin g agents in food, confectionary,
and beverage products,
k. synthetic fiber and c lothing production,
l. tetrahydrofuran production,
m. gamma butyrolactone production,
n. polybutylene terephthalate resin production,
o. polyester raw materials for polyurethan e elastomers
and foams,
p. coating resin raw material, and
q. as an intermediate in the manufacture of other
chemicals and pharmaceuticals.
2. At the request of any person, the Director may exempt any
other product containing Gamma -Butyrolactone, Gamma Hy droxyvalerate,
Gamma Valerolactone, or 1,4 Butanediol from being included as a
Schedule I controlled substance if such product is labeled,
marketed, manufactured and distributed for legitimate industrial use
in a manner that reduces or eliminates the likel ihood of abuse.
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3. In making a determination regarding an industrial product,
the Director, after notice and hearing, shall consider the
following:
a. the history and current pattern of abuse,
b. the name and labeling of the product,
c. the intended manner of distribution, advertising and
promotion of the product, and
d. other factors as may be relevant to and consistent
with the public health and safety.
4. The hearing shall be held in accordance with the procedures
of the Administrative Procedures Act.
F. Any material, compound, mixture, or preparation, whether
produced directly or indirectly from a substance of vegetable origin
or independently by means of chemical synthesis, or by a combination
of extraction and chemical synthesis, that contains any q uantity of
the following substances, or that contains any of their salts,
isomers, and salts of isomers when the existence of these salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
1. JWH-004;
2. JWH-007;
3. JWH-009;
4. JWH-015;
5. JWH-016;
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6. JWH-018;
7. JWH-019;
8. JWH-020;
9. JWH-030;
10. JWH-046;
11. JWH-047;
12. JWH-048;
13. JWH-049;
14. JWH-050;
15. JWH-070;
16. JWH-071;
17. JWH-072;
18. JWH-073;
19. JWH-076;
20. JWH-079;
21. JWH-080;
22. JWH-081;
23. JWH-082;
24. JWH-094;
25. JWH-096;
26. JWH-098;
27. JWH-116;
28. JWH-120;
29. JWH-122;
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30. JWH-145;
31. JWH-146;
32. JWH-147;
33. JWH-148;
34. JWH-149;
35. JWH-150;
36. JWH-156;
37. JWH-167;
38. JWH-175;
39. JWH-180;
40. JWH-181;
41. JWH-182;
42. JWH-184;
43. JWH-185;
44. JWH-189;
45. JWH-192;
46. JWH-193;
47. JWH-194;
48. JWH-195;
49. JWH-196;
50. JWH-197;
51. JWH-198;
52. JWH-199;
53. JWH-200;
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54. JWH-201;
55. JWH-202;
56. JWH-203;
57. JWH-204;
58. JWH-205;
59. JWH-206;
60. JWH-207;
61. JWH-208;
62. JWH-209;
63. JWH-210;
64. JWH-211;
65. JWH-212;
66. JWH-213;
67. JWH-234;
68. JWH-235;
69. JWH-236;
70. JWH-237;
71. JWH-239;
72. JWH-240;
73. JWH-241;
74. JWH-242;
75. JWH-243;
76. JWH-244;
77. JWH-245;
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78. JWH-246;
79. JWH-248;
80. JWH-249;
81. JWH-250;
82. JWH-251;
83. JWH-252;
84. JWH-253;
85. JWH-262;
86. JWH-292;
87. JWH-293;
88. JWH-302;
89. JWH-303;
90. JWH-304;
91. JWH-305;
92. JWH-306;
93. JWH-307;
94. JWH-308;
95. JWH-311;
96. JWH-312;
97. JWH-313;
98. JWH-314;
99. JWH-315;
100. JWH-316;
101. JWH-346;
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102. JWH-348;
103. JWH-363;
104. JWH-364;
105. JWH-365;
106. JWH-367;
107. JWH-368;
108. JWH-369;
109. JWH-370;
110. JWH-371;
111. JWH-373;
112. JWH-386;
113. JWH-387;
114. JWH-392;
115. JWH-394;
116. JWH-395;
117. JWH-397;
118. JWH-398;
119. JWH-399;
120. JWH-400;
121. JWH-412;
122. JWH-413;
123. JWH-414;
124. JWH-415;
125. CP-55, 940;
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126. CP-47, 497;
127. HU-210;
128. HU-211;
129. WIN-55, 212-2;
130. AM-2201;
131. AM-2233;
132. JWH-018 adamantyl-carboxamide;
133. AKB48;
134. JWH-122 N-(4-pentenyl)analog;
135. MAM2201;
136. URB597;
137. URB602;
138. URB754;
139. UR144;
140. XLR11;
141. A-796,260;
142. STS-135;
143. AB-FUBINACA;
144. AB-PINACA;
145. PB-22;
146. AKB48 N-5-Fluorpentyl;
147. AM1248;
148. FUB-PB-22;
149. ADB-FUBINACA;
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150. BB-22;
151. 5-Fluoro PB-22; or
152. 5-Fluoro AKB-48.
G. In addition to those substances listed in subsection F of
this section, unless specifically excepted or unless listed in
another schedule, any material, com pound, mixture, or preparation
which contains any quantity of a synthetic cannabinoid found to be
in any of the following chemical groups:
1. Naphthoylindoles: any compound c ontaining a 3-(1-
naphthoyl)indole structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1 -
(N-methyl-2-piperidinyl)methyl, 2 -(4-morpholinyl)ethyl, 1-(N-methyl-
2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substituted on the indole
ring to any extent, and whether or not substi tuted on the naphthyl
ring to any extent. Napht hoylindoles include, but are not limited
to:
a. 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH -
200),
b. 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201),
c. 1-pentyl-3-(1-naphthoyl)indole (JWH -018),
d. 1-butyl-3-(1-naphthoyl)indole (JWH -073),
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e. 1-pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081),
f. 1-propyl-2-methyl-3-(1-naphthoyl)indole (JWH -015),
g. 1-hexyl-3-(1-naphthoyl)indole (JWH -019),
h. 1-pentyl-3-(4-methyl-1-naphthoyl)indole (JWH -122),
i. 1-pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH -210),
j. 1-pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398),
k. 1-pentyl-2-methyl-3-(1-naphthoyl)indole (JWH -007),
l. 1-pentyl-3-(7-methoxy-1-naphthoyl)indole (JWH -164),
m. 1-pentyl-2-methyl-3-(4-methoxy-1-naphthoyl)indole
(JWH-098),
n. 1-pentyl-3-(4-fluoro-1-naphthoyl)indole (JWH -412),
o. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(1-
naphthoyl)indole (AM -1220),
p. 1-(5-fluoropentyl)-3-(4-methyl-1-naphthoyl)indole
(MAM-2201), or
q. 1-(4-cyanobutyl)-3-(1-naphthoyl)indole (AM-2232);
2. Naphthylmethylindoles: any compound containing a 1H -indol-3-
yl-(1-naphthyl)methane structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1-
(N-methyl-2-piperidinyl)methyl, 2 -(4-morpholinyl)ethyl, 1 -(N-methyl-
2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substitu ted on the indole
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ring to any extent, and whether or not substituted on the napht hyl
ring to any extent. Naphthylmethylindoles include, but are not
limited to, (1-pentylindol-3-yl)(1-naphthyl)methane (JWH -175);
3. Naphthoylpyrroles: any compound containi ng a 3-(1-
naphthoyl)pyrrole structure with or without substitution at the
nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,
halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2 -(4-
morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1 -(N-methyl-3-
morpholinyl)methyl, (t etrahydropyran-4-yl)methyl, 1-methylazepanyl,
phenyl, or halophenyl group, whether or not further substituted on
the pyrrole ring to any extent, and whether or not substituted on
the naphthyl group to any extent. Naphthoylpyrroles include, but
are not limited to:
a. 1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH -147),
b. 1-pentyl-5-(2-methylphenyl)-3-(1-naphthoyl)pyrrole
(JWH-370),
c. 1-pentyl-3-(1-naphthoyl)pyrrole (JWH -030), or
d. 1-hexyl-5-phenyl-3-(1-naphthoyl)pyrrole (JWH -147);
4. Naphthylideneindenes: any compound containing a 1-(1-
naphthylmethylene)indene structure with or without substitution at
the 3-position of the indene ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,
halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-
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morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1 -(N-methyl-3-
morpholinyl)methyl, (tetrahydropyran -4-yl)methyl, 1-methylazepanyl,
phenyl, or halophenyl group, whether or not further substituted on
the indene group to any extent, and w hether or not substituted on
the naphthyl group to any extent. Naphthylmethylindenes include,
but are not limited to, (1 -[(3-pentyl)-1H-inden-1-
ylidene)methyl]naphthalene (JWH-176);
5. Phenylacetylindoles: any compound containing a 3 -
phenylacetylindole s tructure with or without substitution at the
nitrogen atom of the indole ring by alkyl, haloalkyl, cyanoalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, be nzyl, halobenzyl, 1-
(N-methyl-2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1 -(N-methyl-
2-pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substitute d on the indole
ring to any extent, and whether or not substituted on the phenyl
ring to any extent. Phenylacetylindoles include, but are not
limited to:
a. 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH -250),
b. 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole
(RCS-8),
c. 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH -203),
d. 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251),
e. 1-pentyl-3-(4-methoxyphenylacetyl)indole (JWH -201), or
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f. 1-pentyl-3-(3-methoxyphenylacetyl)indole (JWH -302);
6. Cyclohexylphenols: any compound containing a 2-(3-
hydroxycyclohexyl)phenol structure with or without substitut ion at
the 5-position of the phenolic ring by an alkyl, haloalkyl,
cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl,
halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2-(4-
morpholinyl)ethyl, 1-(N-methyl-2-pyrrolidinyl)methyl, 1 -(N-methyl-3-
morpholinyl)methyl, (tetrahydropyran-4-yl)methyl, 1-methylazepanyl,
phenyl, or halophenyl group, and whether or not further substituted
on the cyclohexyl ring to any extent. Cyclohexylphenols include,
but are not limited to:
a. 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-
hydroxycyclohexyl]-phenol (CP-47,497),
b. 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-
phenol (cannabicyclohexanol; CP -47,497 C8 homologue),
or
c. 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-
hydroxypropyl)cyclohexyl] -phenol (CP 55, 940);
7. Benzoylindoles: any compound containing a 3 -(benzoyl)indole
structure with or without substitution at the nitrogen atom of the
indole ring by an alkyl, h aloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1 -(N-methyl-
2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1 -(N-methyl-2-
pyrrolidinyl)methyl, 1 -(N-methyl-3- morpholinyl)methyl,
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(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substituted on the indole
ring to any extent, and whether or not substituted on the phenyl
group to any extent. Benzoylindoles include, but are not limited
to:
a. 1-pentyl-3-(4-methoxybenzoyl)indol e (RCS-4),
b. 1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-
methoxybenzoyl)indole (Pravadoline or WIN 48 , 098),
c. 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM -694),
d. 1-pentyl-3-(2-iodobenzoyl)indole (AM -679), or
e. 1-[1-(N-methyl-2-piperidinyl)methyl]-3-(2-
iodobenzoyl)indole (AM-2233);
8. Cyclopropoylindoles: Any compound containing a 3 -
(cyclopropoyl)indole structure with substitution at the nitrogen
atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, ben zyl, halobenzyl, 1-(N-methyl-
2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1 -(N-methyl-2-
pyrrolidinyl)methyl, 1-(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not further substituted in the indole
ring to any extent and whether or not substituted in the
cyclopropoyl ring to any ex tent. Cyclopropoylindoles include, but
are not limited to:
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a. 1-pentyl-3-(2,2,3,3-tetramethylcyclopropoyl)indole
(UR-144),
b. 1-(5-chloropentyl)-3-(2,2,3,3-
tetramethylcyclopropoyl)indole (5Cl-UR-144), or
c. 1-(5-fluoropentyl)-3-(2,2,3,3-
tetramethylcyclopropoyl)indole (XLR11);
9. Indole Amides: Any compound containing a 1H -Indole-3-
carboxamide structure with or without substitution at the nitrogen
atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzy l, halobenzyl, 1-(N-methyl-
2-piperidinyl)methyl, 2 -(4-morpholinyl)ethyl, 1 -(N-methyl-2-
pyrrolidinyl)methyl, 1 -(N-methyl-3- morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, whether or not substituted at the ca rboxamide
group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,
cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-
dimethyl-1-oxobutan-2-yl or pyrrole group, and whet her or not
further substituted in the indole, adamantyl, naphthyl, phenyl,
pyrrole, quninolinyl, or cycloalkyl rings to any extent. Indole
Amides include, but are not limited to:
a. N-(1-adamantyl)-1-pentyl-1H-indole-3-carboxamide
(2NE1),
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b. N-(1-adamantyl)-1-(5-fluoropentyl-1H-indole-3-
carboxamide (STS-135),
c. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-pentyl-1H-
indole-3-carboxamide (ADBICA),
d. N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1-(5-
fluoropentyl)-1H-indole-3-carboxamide (5F-ADBICA),
e. N-(naphthalen-1-yl)-1-pentyl-1H-indole-3-carboxamide
(NNE1),
f. 1-(5-fluoropentyl)-N-(naphthalene-1-yl)-1H-indole-3-
carboxamide (5F-NNE1),
g. N-benzyl-1-pentyl-1H-indole-3-carboxamide (SDB-006),
or
h. N-benzyl-1-(5-fluoropentyl)-1H-indole-3-carboxamide
(5F-SDB-006);
10. Indole Esters: Any compound containing a 1H -Indole-3-
carboxylate structure with or without substitution at the nitrogen
atom of the indole ring by an alkyl, haloalkyl, cyanoalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1 -(N-methyl-
2-piperidinyl)methyl, 2-(4-morpholinyl)ethyl, 1 -(N-methyl-2-
pyrrolidinyl)methyl, 1 -(N-methyl-3-morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, pheny l, or
halophenyl group, whether or not substituted at the carboxylate
group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,
cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-
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1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-
dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not
further substituted in the indole, adamantyl, naphthyl, phenyl,
pyrrole, quinolinyl, or cycloalkyl rings to any extent. Indole
Esters include, but are not limited to:
a. quinolin-8-yl 1-pentyl-1H-indole-3-carboxylate (PB-
22),
b. quinolin-8-yl 1-(5-fluoropentyl)-1H-indole-3-
carboxylate (5F-PB-22),
c. quinolin-8-yl 1-(cyclohexylmethyl)-1H-indole-3-
carboxylate (BB-22),
d. naphthalen-1-yl 1-(4-fluorobenzyl)-1H-indole-3-
carboxylate (FDU-PB-22), or
e. naphthalen-1-yl 1-(5-fluoropentyl)-1H-indole-3-
carboxylate (NM2201);
11. Adamantanoylindoles: Any compound containing an
adamantanyl-(1H-indol-3-yl)methanone structure with or without
substitution at the nitrogen at om of the indole ring by an a lkyl,
haloalkyl, cyanoalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
benzyl, halobenzyl, 1-(N-methyl-2-piperidinyl)methyl, 2 -(4-
morpholinyl)ethyl, 1 -(N-methyl-2-pyrrolidinyl)methyl, 1 -(N-methyl-3-
morpholinyl)methyl, (tetra hydropyran-4-yl)methyl, 1-methylazepanyl,
phenyl, or halophenyl group, whether or not further substituted in
the indole ring to any extent and whether or not substituted in the
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adamantyl ring to any extent. Adamantanoylindoles include, but are
not limited to:
a. adamantan-1-yl[1-[(1-methyl-2-piperidinyl)methyl]-1H-
indol-3-yl]methanone (AM1248), or
b. adamantan-1-yl-(1-pentyl-1H-indol-3-yl)methanone (AB-
001);
12. Carbazole Ketone: Any compound containing (9H -carbazole-3-
yl) methanone structure with or wit hout substitution at the nitr ogen
atom of the carbazole ring by an alkyl, haloalkyl, cyanoalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl, benzyl, halobenzyl, 1 -
(N-methyl-2-piperidinyl)methyl, 2 -(4-morpholinyl)ethyl, 1 -(N-methyl-
2-pyrrolidinyl)methyl, 1 -(N-methyl-3-morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, with substitution at the carbon of the methanone
group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,
cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-
dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not
further substituted at the carbazole, adamantyl, naphthyl, phenyl,
pyrrole, quinolinyl, or cycloa lkyl rings to any extent. Ca rbazole
Ketones include, but are not limited to, naphthalen -1-yl(9-pentyl-
9H-carbazol-3-yl)methanone (EG-018);
13. Benzimidazole Ketone: Any compound containing
(benzimidazole-2-yl) methanone structure with or without
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substitution at either nitrogen atom of the benzimidazole ring by an
alkyl, haloalkyl, cyanoalkyl, alkenyl, cycloalky lmethyl,
cycloalkylethyl, benzyl, halobenzyl, 1 -(N-methyl-2-
piperidinyl)methyl, 2 -(4-morpholinyl)ethyl, 1 -(N-methyl-2-
pyrrolidinyl)methyl, 1 -(N-methyl-3-morpholinyl)methyl,
(tetrahydropyran-4-yl)methyl, 1-methylazepanyl, phenyl, or
halophenyl group, with s ubstitution at the carbon of the methanone
group by an adamantyl, naphthyl, phenyl, benzyl, quinolinyl,
cycloalkyl, 1-amino-3-methyl-1-oxobutan-2-yl, 1-amino-3,3-dimethyl-
1-oxobutan-2-yl, 1-methoxy-3-methyl-1-oxobutan-2-yl, 1-methoxy-3,3-
dimethyl-1-oxobutan-2-yl or pyrrole group, and whether or not
further substituted in the benzimidazole, adamantyl, naphthyl,
phenyl, pyrrole, quinolinyl, or cycloal kyl rings to any extent.
Benzimidazole Ketones include, but are not limited to:
a. naphthalen-1-yl(1-pentyl-1H-benzo[d]imidazol-2-
l)methanone (JWH-018 benzimidazole analog), or
b. (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-
yl)(naphthalen-1-yl)methanone (FUBIMINA); and
14. Modified by Replacement: any compound defined in this
subsection that is modified by replac ement of a carbon with nitrogen
in the indole, naphthyl, indene, benzimidazole, or carbazole ring.
H. Any prescription drug approved by the feder al Food and Drug
Administration under the provisions of Section 505 of the Federal
Food, Drug and Cosmetic Act , Title 21 of the United States Code,
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Section 355, that is designated, rescheduled or deleted as a
controlled substance under federal law by the U nited States Drug
Enforcement Administration shall be excluded from Schedule I and
shall be prescribed, distri buted, dispensed or used in accordance
with federal law upon the issuance of a notice, final rule or
interim final rule by the United States Drug Enforcement
Administration designating, rescheduling or deleting as a controlled
substance such a drug product under federal law, unless and until
the Board of Pharmacy takes action pursuant to Section 2 -201 of this
title. If the Board of Pharmacy does no t take action pursuant to
Section 2-201 of this title, the drug product shall be deemed to be
designated, rescheduled or deleted as a controlled substance in
accordance with federal law and in compliance with the Uniform
Controlled Dangerous Substances Act .
SECTION 3. AMENDATORY 63 O.S. 2021, Section 2 -208, is
amended to read as follows:
Section 2-208. The controlled substances listed in this section
are included in Schedule III.
A. Unless listed in another schedule, any material, compound,
mixture, or preparation, which contains any quantity of the
following substances or any other subs tance having a potential for
abuse associated with a stimulant or depressant effect on the
central nervous system:
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1. Any drug product containing gamma -hydroxybutyric acid,
including its salts, isomers, and salts of isomers, for which an
application has been approved under Section 505 of the Federal Food,
Drug, and Cosmetic Act;
2. Any material, compound, mixture, or preparation which
contains any quantity of the following ho rmonal substances or
steroids, including their salts, isomers, esters and salts o f
isomers and esters, when the existence of these salts, isomers,
esters, and salts of isomers and esters is possible within the
specific chemical designation:
a. Boldenone,
b. Chlorotestosterone,
c. Clostebol,
d. Dehydrochlormethyltestosterone,
e. Dihydrotestosterone,
f. Drostanolone,
g. Ethylestrenol,
h. Fluoxymesterone,
i. Formebolone,
j. Mesterolone,
k. Methandienone,
l. Methandranone,
m. Methandriol,
n. Methandrostenolone,
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o. Methenolone,
p. Methyltestosterone, except as provided in subsection E
of this section,
q. Mibolerone,
r. Nandrolone,
s. Norethandrolone,
t. Oxandrolone,
u. Oxymesterone,
v. Oxymetholone,
w. Stanolone,
x. Stanozolol,
y. Testolactone,
z. Testosterone, except as provided in subsection E of
this section, and
aa. Trenbolone;
3. Any substance which contains any quantity of a derivative of
barbituric acid, or any salt of a derivative of barbituric acid;
4. Benzephetamine and its salts;
5. Buprenorphine;
6. Butalbital/acetaminophen/caffeine;
7. Chlorhexadol;
8. Chlorphentermine and i ts salts;
9. Clortermine;
10. Glutethimide;
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11. Ketamine, its salts, isomers, and salts of isomers;
12. Lysergic acid;
13. Lysergic acid amide;
14. Mazindol;
15. Methyprylon;
16. Phendimetrazine;
17. Phenylacetone (P2P);
18. Sulfondiethylmethane;
19. Sulfonethylmethane;
20. Sulfonmethane;
21. Tetrahydrocannibinols Delta-9 tetrahydrocannabinol ;
22. 1-Phenycyclohexylamine; or
23. 1-Piperidinocychexanecarbo nitrile (PCC).
Livestock implants as regulated by the Federal Food and Drug
Administration shall be exempt.
B. Nalorphine.
C. Unless listed in another schedule, any material, compound,
mixture, or preparation containing limited quantities of any of the
following narcotic drugs, or any salts thereof:
1. Not more than on e and eight-tenths (1.8) grams of codeine or
any of its salts, per one hundred (100) milliliters or not more than
ninety (90) milligrams per dosage unit, with an equal or greater
quantity of an isoquinoline alkaloid of opium;
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2. Not more than one and eigh t-tenths (1.8) grams o f codeine or
any of its salts, per one hundred (100) milliliters or not more than
ninety (90) milligrams per dosage unit, with one or more active,
nonnarcotic ingredients in r ecognized therapeutic amounts;
3. Not more than one and ei ght-tenths (1.8) grams of
dihydrocodeine or any of its salts, per one hundred (100)
milliliters or not more than ninety (90) milligrams per dosage unit,
with one or more active, nonnarcotic ingredi ents in recognized
therapeutic amounts;
4. Not more than three hundred (300) mil ligrams of
ethylmorphine or any of its salts, per one hundred (100) milliliters
or not more than fifteen (15) milligrams per dosage unit, with one
or more ingredients in recog nized therapeutic amounts;
5. Not more than five hundred ( 500) milligrams of opi um per one
hundred (100) milliliters or per one hundred (100) grams, or not
more than twenty-five (25) milligrams per dosage unit, with one or
more active, nonnarcotic ingredi ents in recognized therapeutic
amounts; or
6. Not more than fifty (50) milligram s of morphine or any of
its salts, per one hundred (100) milliliters or per one hundred
(100) grams with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
D. The Board of Pharmacy may except by rule any c ompound,
mixture, or preparation containing any stimulant or depressant
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substance listed in subsections A and B of this section from the
application of all or any part of the Uniform Controlled Dan gerous
Substances Act if the compound, mixture, or preparat ion contains one
or more active medicinal ingredients not having a stimulant or
depressant effect on the central nervous system, and if the
admixtures are included therein in combinations, quantity ,
proportion, or concentration that vitiate the potential f or abuse of
the substances which have a stimulant or depressant effect on the
central nervous system.
E. The following hormonal substances or steroids are exempt
from classification as Schedule II I controlled dangerous substances:
1. Estratest, containing 1.25 mg esterified e strogens and 2.5
mg methyltestosterone;
2. Estratest HS, containing 0.625 mg es terified estrogens and
1.25 mg methyltestosterone;
3. Premarin with Methyltestosterone, contai ning 1.25 mg
conjugated estrogens and 10.0 mg methyltestosterone;
4. Premarin with Methyltestosterone, containing 0.625 mg
conjugated estrogens and 5.0 mg methy ltestosterone;
5. Testosterone Cypionate - Estrodiol Cypionate injection,
containing 50 mg/ml Testosterone Cypionate; and
6. Testosterone Enanthate - Estradiol Valerate injec tion,
containing 90 mg/ml Testosterone Enanthate and 4 mg/ml Estradiol
Valerate.
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SECTION 4. AMENDATORY 63 O.S. 2021, Section 427.2, as
last amended by Section 4, Chapter 584, O.S.L. 2021, is amended to
read as follows:
Section 427.2. As used in the Oklahoma Medical Marijuana and
Patient Protection Act:
1. “Advertising” means the act of providing consideration for
the publication, dissemination, solic itation or circulation, of
visual, oral or written communication to induce direct ly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising incl udes 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 inventory 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 regularly
looks after a medical marijuana license holder whom a physician
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
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not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (19 95) and 16 C.F.R.
1700.20 (1995),
b. opaque so that the outermost packaging does not allow
the product to be seen without opening the packaging
material, and
c. resealable to maintain its child -resistant
effectiveness for multiple openings for any product
intended for more than a single use or containing
multiple servings;
7. “Clone” means a nonflowering plant cut from a mother plant
that is capable of developing into a new plant and has shown no
signs of flowering;
8. “Commissioner” means the State Commi ssioner of Health;
9. “Complete application ” means a document pre pared 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 an d the applicable
license application fee;
10. “Department” means the State Department of Health;
11. “Director” means the Executive Director of the Oklahoma
Medical Marijuana Authority;
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12. “Dispense” means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the designated
caregiver of the patient that is packaged in a suitable container
appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. “Dispensary” means a medical marijuana dispensary, an
entity that has been licensed by the Department pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act to purchase
medical marijuana or medical marijuana produc ts from a licensed
medical marijuana commercial grower or medical marijuana processor,
sell medical marijuana or medical marijuana products to patients and
caregivers as defined under the Oklahoma Medical Marijuana and
Patient Protection Act, or sell or tr ansfer products to another
dispensary;
14. “Edible medical mariju ana product” means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limited to, any type of food, drink
or pill;
15. “Entity” means an individual, general partnership, limited
partnership, limited lia bility company, trust, estate, association,
corporation, cooperative or any other legal or commercial entity;
16. “Flower” means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or parts of the plant that are
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harvested and used to consume in a variety of medical marijuana
products;
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 concentrate” means a medical
marijuana concentrate that was produced by extracting cannabinoids
from medical marijuana through the use of propylene glycol,
glycerin, butter, olive oil, coconut oil or other typical 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 thereto, or any supplemental
relevant state or local law, rule or regulation,
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, Oklahoma Medical Marijuana
Authority or the municipality, or
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c. the licensed premises of a medical marijuana business
or applicant have been o perated in a manner that
adversely affects the public health or we lfare or the
safety of the immediate vicinity in which the
establishment is located;
20. “Harvest batch” means a specifically identified quantity of
medical marijuana that is uniform in str ain, cultivated utilizing
the same cultivation practices, harveste d at the same time from the
same location and cured 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 marijuana concentrate that was produced by
extracting cannabinoids from medical marijuana through the use of
heat or pressure;
23. “Immature plant” means a nonflowering marijuana pla nt that
has not demonstrated signs of flowering;
24. “Inventory tracking system” means the required tracking
system that accounts for medical marijuana from either the seed or
immature plant stage until the medical marijuana or medical
marijuana product is sold to a patient at a medical marijuana
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;
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25. “Licensed patient” or “patient” means a person who has been
issued a medical marijuana patient license by the State Department
of Health or Oklahoma Medical Marijuana Authority;
26. “Licensed premises” means the premises specified in an
application for a medical marijuana business l icense, medical
marijuana research facility licen se or medical marijuana educatio n
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 autho rized to cultivate,
manufacture, distribute, sell , store, transport, test or rese arch
medical marijuana or medical marijuana products in accordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursu ant 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 independ ently by means
of chemical synthesis, or by a com bination 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 which is grow n, processed or sold pursuant to
the provisions of the Oklahoma Industrial Hemp Program ;
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29. “Material change” means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or production of medical marijuana,
medical marijuana concentrate or medical 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, medi cal marijuana processor, medical 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 medical mar ijuana that was produced by extr acting
cannabinoids from medical marijuana. Categories of medical
marijuana concentrate include water -based medical marijuana
concentrate, food-based medical marijuana concen trate, solvent-based
medical marijuana concentrat e, 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 an d transfer or contract for transfer medical
marijuana to a medical marijuana disp ensary, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufacturers. A commercial grower may sell seeds,
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flower or clones to commercial g rowers pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
34. “Medical marijuana education facility ” or “education
facility” means a person or entity appr oved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to ope rate a facility
providing training and education to individuals involving the
cultivation, growing, harvesting, curing, preparing, packaging or
testing of medical marijuana, o r the production, manufacture,
extraction, processing, packaging or creation of m edical-marijuana-
infused products or medical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act;
35. “Medical-marijuana-infused product” means a product infused
with medical marijua na 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 or 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 b y a
nebulizer, excluding live plant forms which a re considered medical
marijuana;
37. “Medical marijuana processor” means a person or entity
licensed pursuant to the Oklahoma Medical Marijuana and Patient
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Protection Act to operate a business including the production,
manufacture, extraction, processing, packaging or creation of
concentrate, medical-marijuana-infused products or medical marijuana
products as described in the Oklahoma Medical Marijuana and Patient
Protection Act;
38. “Medical marijuana rese arch facility” or “research
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to conduct medical
marijuana research. A medical marijuana research facility is not a
medical marijuana business;
39. “Medical marijuana testing laboratory ” or “laboratory”
means a public or pr ivate 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 transporter ” 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 tha t
transports its own medical marijuana, medical m arijuana concentrate
or medical marijuana products to a property or facility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana busin ess;
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41. “Medical marijuana waste” or “waste” means unused, surplus,
returned or out-of-date marijuana, plant debris of the plant of the
genus Cannabis including dead plants and all unused plant parts and
roots, except the term shall not include roots, st ems, stalks and
fan leaves;
42. “Medical use” means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medic al marijuana to treat a
licensed patient;
43. “Mother plant” means a marijuana plant that is grown or
maintained for the purpose of generating clones, and that will not
be used to produce plant material for sale to a medical 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 Examine rs;
45. “Oklahoma resident” means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
46. “Owner” means, except where the context otherwise requires,
a direct beneficial owner includi ng, but not limited to, all persons
or entities as follows:
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a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
c. all general partners and all limited partners 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 interest in a jo int
venture,
g. all persons or entities that o wn an interest in an
association,
h. the owners of any other type of legal entity, 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 enclose or
contain medical marijuana;
48. “Person” means a natural person, partnership, association,
business trust, company, corporation, estate, limited liability
company, trust or any other legal entity or organizati on, or a
manager, agent, owner, director, servant, officer or employee
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thereof, except that “person” person does not include any
governmental organization;
49. “Pesticide” means any substance or mixture of substances
intended for preventing, destroying, r epelling 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” pesticide shall not include any article that is a “new
animal drug” as designated by the United States Food and Drug
Administration;
50. “Production batch” means:
a. any amount of medical marijuana concentrate of the
same category and produced using the same e xtraction
methods, standard operating procedures and an
identical group of harves t batch of medical marijuana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingredients,
standard operating procedures and the 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 including, but not limited to,
institutions of higher education or related research institutions;
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52. “Public money” means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
53. “Recommendation” means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act;
54. “Registered to conduct business ” means a person that has
provided proof that the busines s applicant is in good standing with
the Oklahoma Secretary of State and Oklahoma Tax Commission;
55. “Remediation” means the process by which the medical
marijuana flower or trim, which has failed microbial testing, is
processed into solvent -based medical marijuana concentrate and
retested as required by the Oklahoma Medical Marijuan a 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 for a medical marijuana research
license. A research proje ct shall include a description of a
defined protocol, clearly articulated goals, defined methods and
outputs, and a defined start and end date. The description shall
demonstrate that the research project will comply with all
requirements in the Oklahoma M edical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto. All research
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and development conducted by a medical marijuana research facility
shall be conducted in furtherance of an approved research project;
57. “Revocation” means the final decision by the Department
that any license issued 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 forth in
the Oklahoma Medical Marijuana and Patient Protection Act or rules
promulgated pursuant thereto;
58. “School” means a public or private preschool or a public or
private elementary or secondar y school which is primarily used for
classroom instruction. A homeschool, daycar e or child-care facility
shall not be considered a “school” school as used in the Oklahoma
Medical Marijuana and Patient Protection Act;
59. “Shipping container” means a hard-sided container with a
lid or other enclosure that can be secured in place. A s hipping
container is used solely for the transport of medical marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a m edical marijuana research facility,
or a medical marijuana education facility;
60. “Solvent-based medical marijuana concentrate ” means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of a solvent
approved by the Department;
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61. “State Question” means Oklahoma State Q uestion No. 788,
Initiative Petition No. 412, approved by a majority vote of the
citizens of Oklahoma on June 26, 2018;
62. “Strain” means the classification of marijuana or cannabis
plants in either pure sativa, indica, afghanica, ruderalis or hybrid
varieties;
63. “THC” means delta-9 tetrahydrocannabinol, which is the
primary psychotropic cannabinoid in marijuana formed by
decarboxylation of naturally tetrahydrocannabinolic acid, which
generally occurs by exposure to heat . Any tetrahydrocannabinols as
such term is defined in Section 2-101 of this title other than
delta-9 tetrahydrocannabinol shall be subject to the provisions of
paragraph 94 of subsection C of Section 2 -204 of this title;
64. “Test batch” means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, that is harvested during a seven -day
period from a specified cultivation area, and wi th regard to oils,
vapors and waxes derived from usable marijuana, means an ident ified
quantity that is uniform, that is intended to meet specifications
for identity, strength and composition, and that is manufactured,
packaged and labeled during a specifi ed time period according to a
single manufacturing, packaging and labeling protoc ol;
65. “Transporter agent” means a person who transports medical
marijuana or medical marijuana products for a licensed transporter
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and holds a transporter agent license pur suant to the Oklahoma
Medical Marijuana and Patient Protection Act;
66. “Universal symbol” means the image established by the State
Department of Health or Oklahoma Medical Marijuana Authority and
made available to licensees through its website indicating that the
medical marijuana or the medical marijuana product contains THC;
67. “Usable marijuana” means the dried leaves, flowers, oils,
vapors, waxes and other portions of the marijuana plant and any
mixture or preparation thereof, excluding seeds, roots , stems,
stalks and fan leaves; and
68. “Water-based medical marijuana concentra te” means a
concentrate that was produced by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
SECTION 5. This act shall become effective November 1, 2022.
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