Oklahoma 2022 2022 Regular Session

Oklahoma Senate Bill SB1726 Amended / Bill

Filed 02/21/2022

                     
 
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SENATE FLOOR VERSION 
February 17, 2022 
 
 
SENATE BILL NO. 1726 	By: Leewright 
 
 
 
 
 
An Act relating to medical marijuana; amen ding 63 
O.S. 2021, Section 427.2, as last amended by Section 
4, Chapter 584, O.S.L. 2021, which relates to 
definitions; expanding definition; 63 O.S. 2021, 
Section 425, as last amended by Section 5, Cha pter 
553, O.S.L. 2021, which relates to license holder 
protection; removing exception from regulatory zoning 
laws; amending 63 O.S. 2021, Section 430, as amended 
by Section 28, Chapter 553, O.S.L. 2021, which 
relates to medical marijuana waste disposal license ; 
updating definition; providing reference; updating 
statutory language; and declaring an emergency. 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     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, dis semination, solicitation or circulation, of 
visual, oral or written communication to induce directly or 
indirectly any person to patronize a particular medical marijuan a 
business, or to purchase particular medical marijuana or a medical   
 
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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 a ssistant who regularly 
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 construc ted to be significantly difficult 
for children under five (5) yea rs 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), 
b. opaque so that the outermost packaging does not a llow 
the product to be seen without opening the packaging 
material, and 
c. resealable to maintain its child-resistant 
effectiveness for multipl e openings for any product 
intended for more than a single use or containing 
multiple servings;   
 
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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 Commissioner of Hea lth; 
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 Departmen t 
including any supporting documentation req uired and the applicable 
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 product to a qualified patient or the designated 
caregiver of the pat ient 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 products from a lice nsed 
medical marijuana commercial grower or medical marijuana processor, 
sell medical marijuana or medical marijuana prod ucts to patients and   
 
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caregivers as defined under the Oklahoma Medical Marijuana and 
Patient Protection Act , or sell or transfer product s to another 
dispensary; 
14.  “Edible medical marijuana product” means any medical-
marijuana-infused product for which the intended use i s oral 
consumption including, but not limited to, any type of food, drink 
or pill; 
15.  “Entity” means an individual, g eneral partnership, limited 
partnership, limited liability company, trus t, 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 
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 extract ing cannabinoids 
from medical marijuana through the use of propylene glycol, 
glycerin, butter, olive oil, coconut oil o r other typical food-safe 
cooking fats;   
 
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19.  “Good cause” for purposes of an initial, renewal or 
reinstatement license application, or fo r 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, an y rules 
promulgated pursuant the reto, 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 c onditions that were placed upon 
the license pursuant to an order of the State 
Department of Health, Okl ahoma Medical Marijuana 
Authority or the municipality, or 
c. the licensed premises of a medical marijuana business 
or applicant have been operated in a m anner that 
adversely affects the public heal th or welfare or the 
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, cultivate d utilizing 
the same cultivation practices, harvested at the same time f rom the 
same location and cur ed under uniform conditions; 
21.  “Harvested marijuana” means post-flowering medical 
marijuana not including trim, concentrate or waste;   
 
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22.  “Heat- or pressure-based medical marijuana concentrate ” 
means a medical marijuana con centrate that was produced by 
extracting cannabinoids from medica l marijuana through the use of 
heat or pressure; 
23.  “Immature plant” means a nonflowering marijuana plant that 
has not demonstrated signs of flowering; 
24.  “Inventory tracking system ” means the required tracking 
system that accounts for medical marijuan a from either the seed or 
immature plant stage until the medical marijuana or medical 
marijuana product is sold to a pa tient at a medical marijuana 
dispensary, transferred to a medical mariju ana 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 the Stat e Department 
of Health or Oklahoma Medical Marijuana Authority; 
26.  “Licensed premises” means the premises specified in an 
application for a medical marijuana business license, medica l 
marijuana research facility license or med ical marijuana education 
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 culti vate, 
manufacture, distribute, sell, store, transport, test or research 
medical marijuana or medical marijuana products in accordance wit h   
 
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the provisions of the Oklahoma Medical Marijuana and Patient 
Protection Act and rules promulgated pursuant thereto; 
27.  “Manufacture” means the production, prop agation, 
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, or 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 which is grown, pro cessed 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 
licensee for the cultivation or production of me dical 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, medical mari juana 
commercial grower, medical marijuana laboratory, medical ma rijuana 
business operator or a medical marijuana transporter;   
 
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32.  “Medical marijuana concentrate ” or “concentrate” means a 
specific subset of medical mari juana that was produced by extractin g 
cannabinoids from me dical 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 concentrat e; 
33.  “Medical marijuana commercial growe r” or “commercial 
grower” means an entity licensed to cultivate, prepare and package 
medical marijuana and transf er or contract for transfer medical 
marijuana to a medical marijuana dispensar y, medical marijuana 
processor, any other medical marijuana comme rcial grower, medical 
marijuana research facility, medical marijuana education facility 
and pesticide manufacture rs.  A commercial grower may sell seeds, 
flower or clones to commercial grower s pursuant to the Oklahoma 
Medical Marijuana and Patient Protecti on Act; 
34.  “Medical marijuana education facility” or “education 
facility” means a person or entity approved pu rsuant to the Oklahoma 
Medical Marijuana and Patien t Protection Act to operate a facility 
providing training and education to individuals involv ing the 
cultivation, growing, harvesting, curing, preparing, packaging or 
testing of medical marijuana, or the p roduction, manufacture, 
extraction, processing, pac kaging or creation of medica l-marijuana-  
 
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infused products or medical marijuana products as des cribed in the 
Oklahoma Medical Marijuana and Patient Protection Act ; 
35.  “Medical-marijuana-infused product” means a product infused 
with medical marijuana includ ing, but not limited to , edible 
products, ointments and tinctures; 
36.  “Medical marijuana pr oduct” or “product” means a product 
that contains cannabinoids that have been extracted from plant 
material or the resin therefrom by physical or chemical means an d 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 forms which are consid ered 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, processing, packagin g 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 re search facility” or “research 
facility” means a person or en tity approved pursuant to the Oklahoma 
Medical Marijuana and Patient Protection Act to conduct medical   
 
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marijuana research.  A medical marijuana research facility is not a 
medical marijuana business; 
39.  “Medical marijuana testing laboratory ” or “laboratory” 
means a public or private laboratory licensed pursuant to the 
Oklahoma Medical Marijuana a nd 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 that 
transports its own medical mariju ana, medical marijuana 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 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 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, medic al 
marijuana products, medical marijuana devices or paraphernalia   
 
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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 purpose 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 p rovide 
proof of residency as required by the Oklahoma Medical Marijuana and 
Patient Protection Act; 
46.  “Owner” means, except where the context otherw ise requires, 
a direct beneficial owner in cluding, but not limited to, all persons 
or entities as follows : 
a. all shareholders owning an interest of a corporate 
entity and all officers of a corporat e entity, 
b. all partners of a general partnership, 
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 li mited 
liability company,   
 
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e. all beneficiaries that hold a benefic ial 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 intere st 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 w rapper 
that may be used by a medical marijuana business to enclose or 
contain medical marijua na; 
48.  “Person” means a natural person, partnership, association, 
business trust, compa ny, corporation, estate, l imited liability 
company, trust or any other leg al entity or organization, o r a 
manager, agent, owner, director, servant, officer or employee 
thereof, except that “person” does not include any governmental 
organization; 
49.  “Pesticide” means any substance or mixture of substances 
intended for preventin g, destroying, repelling or mitigating any 
pest or any substance or mixture of substances int ended for use as a 
plant regulator, defoliant or desiccant, except that the term 
“pesticide” shall not include any article that is a “new animal   
 
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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 extraction 
methods, standard operating procedures and an 
identical group of harvest batch of medical mar ijuana, 
or 
b. any amount of medical marijuana product of the same 
exact type, produced using the same ingredients, 
standard operating procedures and t he same production 
batch of medical marijuana concentrate; 
51.  “Public institution” means any entity esta blished or 
controlled by the federal government, state government , or a local 
government or municipality including, but not limited to, 
institutions of higher education or rel ated research institutions; 
52.  “Public money” means any funds or money obtained by the 
holder from any governmental entity including, but not li mited to, 
research grants; 
53.  “Recommendation” means a document that is signed o r 
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 ;   
 
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54.  “Registered to conduct business” means a person that has 
provided proof that the business applicant is in good standing with 
the Oklahoma Secretary of State and Ok lahoma 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 Ma rijuana and Patient 
Protection Act; 
56.  “Research project” means a discrete scientific endea vor 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 include a des cription of a 
defined protocol, clearly articulated goals, define d 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 Marijuana and P atient 
Protection Act and rules promulgated pursuant thereto.  Al l research 
and development conducted by a medical marijuana research facility 
shall be conducted in fur therance 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 appl icable requirements set forth in   
 
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the Oklahoma Medical Marijuana and Pati ent Protection Act or rules 
promulgated pursuant thereto ; 
58.  “School” means a public or private preschool or, a public 
or private elementary or secondary school, or a technology center 
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 
Protection Act; 
59.  “Shipping container” means a hard-sided container with a 
lid or other enclosure that can be secured 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 education 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; 
62.  “Strain” means the classification of marijuana or cannabis 
plants in either pure sativa, indica, afghanica, ruderalis or hybrid 
varieties;   
 
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63.  “THC” means tetrahydrocannabinol, whic h 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 quanti ty 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 us able 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 protocol; 
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 establishe d by the State 
Department of Health or Oklahoma Medical Marijuana Authority an d 
made available to licensees through its website indicating that the 
medical marijuana or the medical marijuan a product contains THC; 
67.  “Usable marijuana” means the dried leaves, flowers, oils, 
vapors, waxes and other portions of the marijuana plant an d any   
 
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mixture or preparation thereof, exc luding seeds, roots, stems, 
stalks and fan leaves; and 
68.  “Water-based medical marijuana concentrate ” means a 
concentrate that was prod uced by extracting cannabinoids from 
medical marijuana through the use of only water, ice or dry ice. 
SECTION 2.     AMENDATORY     63 O.S. 2021, S ection 425, as last 
amended by Section 5, Chapter 553, O.S.L. 2021, is amended to read 
as follows: 
Section 425. A.  No school or landlord may refuse to enroll or 
lease to and may not otherwise penalize a person solely for his or 
her status as a medical marijuana patient licensee, unless failing 
to do so would cause the school or landlord the potential to lose a 
monetary or licensing-related benefit under federal law or 
regulations. 
B.  Unless a failure to do so would cause an employer the 
potential to lose a monetary or licensing -related benefit under 
federal law or regulations, an employer may not discriminat e against 
a person in hiring, termination or imposing any term or condition of 
employment or otherwi se penalize a person based upon the status of 
the person as a medical mari juana patient licensee. Employers may 
take action against a medical marijuana patient licensee if the 
licensee uses or possesses marijuana while in his or her place of 
employment or during the hours of employment .  Employers may not 
take action against a medical marijuana patient licensee solely   
 
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based upon the status of an employee as a medical marijuana patient 
licensee or the results of a drug test showing positive for 
marijuana or its components. 
C.  For the purposes of medical care, including organ 
transplants, the authorized use of marijua na by a medical marijuan a 
patient licensee shall be considered the equivalent of the use of 
any other medication under the direction of a physician and does not 
constitute the use of an illicit substance or otherwise disqualify a 
registered qualifying pati ent from medical care. 
D.  No medical marijuana patient licensee may be denied custody 
of or visitation or parenting time with a minor child, and there is 
no presumption of neglect or child endangerment for conduct al lowed 
under this law unless the behavior of the medical marijuana patient 
licensee creates an unreasonable danger to the safety of the minor 
child. 
E.  No person who possesses a medical marijuana patient license 
may be unduly withheld from holdin g another state-issued license by 
virtue of his or her status as a medical marijuana patient licensee 
including, but not limited to, a concealed carry permit. 
F.  1.  No city or local municipality may unduly change or 
restrict zoning laws to prevent the opening of a medical marijuana 
dispensary. 
2.  For purposes of this subsection, an undue chang e or 
restriction of municipal zoning laws means an act which entirely   
 
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prevents medical marijuana dispensaries from operating within 
municipal boundaries as a matter of law .  Municipalities may follow 
their standard planning and zoning procedures to determi ne if 
certain zones or districts would be appropriate for locating 
marijuana-licensed premises, medical marijuana businesses or any 
other premises where marijuana or its by -products are cultivated, 
grown, processed, stored or manufactured. 
3.  A medical marijuana dispensary does not include those other 
entities licensed by th e Oklahoma Medical Marijuana Authority as 
marijuana-licensed premises, medical marijuana businesses or other 
facilities or locations where marijuana or any product containing 
marijuana or its by-products are cultivated, grown, processed, 
stored or manufactured. 
G. The location of any medical marijuana dispensary or 
commercial grower is specifically prohibited within one thousa nd 
(1,000) feet of any public school or private school.  The distance 
indicated in this subsection shall be measured from the nearest 
property line of such public school or private school to the nearest 
perimeter wall of the licensed premises of such medic al marijuana 
dispensary or commercial grower .  If a medical marijuana dispensary 
or commercial grower met the requirements o f this subsection at the 
time of its initial licensure, the medical marijuana dispensary or 
commercial grower licensee shall be permitted to continue operatin g 
at the licensed premises in the sa me manner and not be subject to   
 
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nonrenewal or revocation due to subsequent events o r changes in 
regulations occurring after licensure that would render the medical 
marijuana dispensary or commercial grower in violation by being 
within one thousand (1,000) feet of a public school or private 
school.  If any public school or private school is established 
within one thousand (1,000) feet of any medical marijuana dispensary 
or commercial grower after such medical marijuana dispensary or 
commercial grower has been licensed, the provisions of this 
subsection shall not be a det errent to the renewal of such license 
or warrant revocation of the license .  For purposes of this 
subsection, a property owned, used or operated by a public school or 
by a private school that is not used for classroom instruction on 
core curriculum, such as an administrative building, athletic 
facility, ballpark, field or stadium, shall not constitute a public 
school or private school unless such property is located on the same 
campus as a building used for classroom instruction on core 
curriculum. 
H.  Research shall be provided for under this law.  A researcher 
may apply to the State De partment of Health for a sp ecial research 
license.  The research license shall be granted, provided the 
applicant meets the criteria listed in the Medical Marijuana and 
Patient Protection Act.  Research licensees shall be required to 
file monthly consumpti on reports to the State Dep artment of Health 
with amounts of marijuana used for research .  Biomedical and   
 
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clinical research which is subject to federal regulations and 
institutional oversight shall not be subject to oversight by the 
State Department of Hea lth. 
SECTION 3.     AMENDATORY     63 O.S. 2021, Section 430, as 
amended by Section 28, Chap ter 553, O.S.L. 2021, is amended to read 
as follows: 
Section 430.  A.  There is hereby created and authorized a 
medical marijuana waste disposal license .  A person or entity in 
possession of a medical marijuana wast e disposal license shal l be 
entitled to possess, transport and dispose of medical marijuana 
waste.  No person or entity shall dispose of medical marijuana waste 
without a valid medical marijuana waste disposal lice nse.  The 
Oklahoma Medical Marijuana Autho rity shall issue licens es upon 
proper application by a licensee and determinat ion by the Authority 
that the proposed site and facility are physically and technically 
suitable.  Upon a finding that a proposed medica l marijuana waste 
disposal facility is not physically or technica lly suitable, the 
Authority shall deny the license.  The Authority may, upon 
determining that public health or safety requires emergency action, 
issue a temporary license for treatment or sto rage of medical 
marijuana waste for a peri od not to exceed ninety (90) days.  The 
Authority shall not, for the first yea r of the licensure program, 
issue more than ten medical marijuana waste disposal licenses.  Upon 
the conclusion of the first year, the A uthority shall assess the   
 
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need for additional medical marijuana waste disposal licenses and 
shall, if demonstrated, incr ease the number of licenses as deemed 
necessary by the Authority. 
B.  Entities applying for a medical marijuana waste disposal 
license shall undergo the following screening proce ss: 
1.  Complete an application form, as prescribed by the 
Authority, which shall include: 
a. an attestation that the applicant is authorized to 
make application on behalf of the entity, 
b. full name of the organiz ation, 
c. trade name, if applicable, 
d. type of business organiza tion, 
e. complete mailing address, 
f. an attestation that the commercial entity wi ll not be 
located on tribal land, 
g. telephone number and email address of the entity, and 
h. name, residential address and date of birth of each 
owner and each member, manag er and board member, if 
applicable; 
2.  The application for a medical marijuana wa ste disposal 
license made by an individual on his or her own behalf shall be on 
the form prescribed by the Au thority and shall include, but not be 
limited to:   
 
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a. the first, middle and last name of the applicant and 
suffix, if applicable, 
b. the residence address and mailing address of the 
applicant, 
c. the date of birth of the applicant, 
d. the preferred telephon e number and email address of 
the applicant, 
e. an attestation that the information provided by the 
applicant is true and correct, and 
f. a statement signed by the applicant pledging not to 
divert marijuana to any individual or entity that is 
not lawfully entitled to possess marijuana; and 
3.  Each application shall be accompanied by the following 
documentation: 
a. a list of all persons or entities t hat have an 
ownership interest in the entity, 
b. a certificate of good standing from the Oklahoma 
Secretary of State, if applicable, 
c. an Affidavit of Lawful Presence for ea ch owner, 
d. proof that the proposed location of the disposal 
facility is at least one thousand (1,000) feet from a 
public or private school.  The distance indicated in 
this subparagraph shall be measured from the nearest 
property line of such public or private school to the   
 
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nearest perimeter wall of the premises of such 
disposal facility.  If any public or private school is 
established within one thousand (1,000) feet of any 
disposal facility after such disposal facility has 
been licensed, the provisions of this subparagrap h 
shall not be a deterrent to the renewal of such 
license or warrant revocation of the license .  For the 
purposes of this section, “school” shall mean the same 
as provided in Section 427.2 of this title, and 
e. documents establishing the applicant, the mem bers, 
managers and board members, if applicable, and 
seventy-five percent (75%) of the ownership interests 
are Oklahoma residents as established in Section 420 
et seq. of this title, as it relates to proof of 
residency. 
C.  No license shall be issued excep t upon proof of sufficient 
liability insurance and financial res ponsibility.  Liability 
insurance shall be provided by th e applicant and shall apply to 
sudden and nonsudden bodily injury or property damage on, below o r 
above the surface, as required by the rules of the Authority.  Such 
insurance shall be maintained for the period of operation of the 
facility and shall provid e coverage for damages resulting from 
operation of the facility during operation and after closi ng.   
 
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D.  Submission of an application fo r a medical marijuana waste 
disposal license shall constitute pe rmission for entry to and 
inspection of the facility of the licensee during hours of operation 
and other reasonable times.  Refusal to permit such entry of 
inspection shall constitute grounds for the nonrenewal, suspension 
or revocation of a license .  The Authority may perform an annual 
unannounced on-site inspection of the operations and any facility of 
the licensee.  If the Authority receives a complaint concerning 
noncompliance by a licensee with the provisions of the Oklahoma 
Medical Marijuana Waste Man agement Act, the Authority may conduct 
additional unannounced, on-site inspections beyond an annual 
inspection.  The Authority may refer all complaints a lleging 
criminal activity that are made against a licensed facility to 
appropriate state or local law e nforcement authorities. 
E.  The Authority shall issu e an annual permit for each medical 
marijuana waste dispo sal facility operated by a licensee .  A permit 
shall be issued only upon proper app lication by a licensee and 
determination by the Authority that t he proposed site and facility 
are physically and techni cally suitable.  Upon a finding that a 
proposed medical marijuana waste disposal facility is not p hysically 
or technically suitable, the Authority shall deny the permit.  The 
Authority shall have the a uthority to revoke a permit upon a finding 
that the site and facility are not physically and technically 
suitable for processing.  The Authority may, upo n determining that   
 
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public health or saf ety requires emergency action, issue a temporary 
permit for treatment or storage of medical marijuana waste for a 
period not to exceed ninety (90) days. 
F.  The cost of a medical marijuana waste disposal license shall 
be Five Thousand Dollars ($5,000.00) f or the initial license.  The 
cost of a medical marijuana waste d isposal facility permit shall be 
Five Hundred Dollars ($500.00).  A medical marijuana waste disposal 
facility permit that has been revoked shall be reins tated upon 
remittance of a reinstatemen t fee of Five Hundred Dollars ($500.00) 
to restore the facility permit.  All license and permit fees shall 
be deposited into the Oklahoma Medical Marijuana Authority Revolvi ng 
Fund as provided in Sectio n 427.5 of this title. 
G.  The holder of a medical mar ijuana waste disposal license 
shall not be required to obtain a medical marijuana transporter 
license provided for in the Oklahoma Medical Marijuana and Patient 
Protection Act for purposes of transporting medical mari juana waste. 
H.  All commercial license es, as defined in Section 428.1 of 
this title, shall utilize a licensed medical marijuana waste 
disposal service to process all medical marijuana waste generated by 
the licensee. 
I.  The State Commissioner of Health s hall promulgate rules for 
the implementation of the Oklahoma Medical Marijuana Waste 
Management Act.  Promulgated rules shall address disposal process   
 
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standards, site security and any other subject matter deemed 
necessary by the Authority. 
SECTION 4.  It being immediately necess ary for the preservation 
of the public peace, health or safety, an emergency is hereby 
declared to exist, by reason whereof this act shall take effect and 
be in full force from and after its passage and approval. 
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS, COMMERCE AND TOURISM 
February 17, 2022 - DO PASS