ENGR. H. A. to ENGR. S. B. NO. 1726 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1726 By: Leewright of the Senate
and
Hilbert of the House
[ medical marijuana - license holder protection -
exception from regulatory zoning laws - waste
disposal license -
emergency ]
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to medical marijuana; amending 6 3
O.S. 2021, Section 427.2, as amended by Section 4,
Chapter 584, O.S.L. 2021, which relates to the
Oklahoma Medical Marijuana and Patient Prote ction
Act; modifying certain definition; amending 63 O.S.
2021, Section 425, as amended by Section 5, Chapter
553, O.S.L. 2021, which relates to license holder
protection; imposing certain restrictions on
location of medical mariju ana commercial growers;
providing method of certain measurement; providing
exceptions; amending 63 O.S. 2021, Section 430, as
amended by Section 28, Chapter 553, O.S.L. 2021,
which relates to the Oklahoma Medical Marijuana
Waste Management Act; adding definition; updating
statutory language; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.2, as
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 Ma rijuana 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 patroniz e a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing , but does not
include packaging and labeling;
2. "Authority" means the Oklahoma Medical Marijuana Author ity;
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 holde r whom a physician
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) years of age to open and
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
not difficult for normal adults to use properl y 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 withou t 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 m other 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 required and the applicable
license application fee;
10. "Department" means the State Department of Health;
11. "Director" means the Executive Director of th e Oklahoma
Medical Marijuana Authority;
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
12. "Dispense" means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the design ated
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 De partment 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 products to patients and
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 is 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
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 th ere 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 o r 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, an y rules
promulgated pursuant the reto, or any supplemental
relevant state or local law, rule or regulation,
b. the licensee or applica nt has failed to comply with
any special terms or c onditions that were placed upo n
the license pursuant to an order of the State
Department of Health, Okl ahoma Medical Marijuana
Authority or the municipality, or
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. the licensed premises of a medical mariju ana business
or applicant have been operated in a m anner that
adversely affects the public health 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;
22. "Heat- or pressure-based medical marijuana concentrate"
means a medical marijuana con centrate that was produced by
extracting cannabinoids from medical marijuana through the use of
heat or pressure;
23. "Immature plant" means a nonflowering marijuana plant that
has not demonstrated signs of flower ing;
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 mar ijuana 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 facili ty;
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 medical 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 marij uana products in accordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto;
27. "Manufacture" means the production, propagation,
compounding or processing of a medical marijuana prod uct, 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 a ny
plant or material containing delta -8 or delta-10
tetrahydrocannabinol which is grown, processed or sold pursuant to
the provisions of the Oklah oma Industrial Hemp Program;
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
29. "Material change" means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or produc tion of medical marijuana,
medical marijuana concentrate or medic al marijuana products;
30. "Mature plant" means a harvestable female marijuana plant
that is flowering;
31. "Medical marijuana business (MMB) " means a licensed medical
marijuana dispensary, medical marijuana processor, medical mari juana
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 medica l marijuana 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 conce ntrate, and heat- or pressure-based medical
marijuana concentrat e;
33. "Medical marijuana commercial grower" or "commercial
grower" means an entity licensed to cultivate, pre pare 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 commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufacture rs. A commercial grower may sell se eds,
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
flower or clones to commercial grower s pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
34. "Medical marijuana education facility " or "education
facility" means a person or entity approved pu rsuant to the Oklahoma
Medical Marijuana and Patient Protection Act to operate a facility
providing training and education to individuals involving the
cultivation, growing, harvesting, curing, preparing, packagi ng or
testing of medical marijuana, or the p roduction, manufacture,
extraction, processing, packaging or creation of medica l-marijuana-
infused products or me dical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act ;
35. "Medical-marijuana-infused product" means a product infused
with medical marijuana including, but not limited to , edible
products, ointments and tinctu res;
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 che mical means and is
intended for administration to a qualified patient includ ing, but
not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patc hes, liquids and forms administered by a
nebulizer, excluding live plant forms wh ich are considered medical
marijuana;
37. "Medical marijuana processor " means a person or entity
licensed pursuant to the Oklahoma Medical Marijuana and Patient
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Protection Act to operate a business including the pro duction,
manufacture, extraction, proces sing, 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 re search facility" or "research
facility" means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and P atient 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 private laboratory licensed pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act, to conduct
testing and research on medica l 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 inc lude a medical marijuana business that
transports its own medical mariju ana, medical marijuana concentrate
or medical marijuana products to a property or fac ility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana busine ss;
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 transportat ion of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medi cal marijuana to treat a
licensed patient;
43. "Mother plant" means a marijuana plant that is grown or
maintained for the purpose of generating clones, and that will not
be used to produce plant material for sale to a m edical marijuana
processor or medical marijuana dispensary;
44. "Oklahoma physician" or "physician" means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Exam iners;
45. "Oklahoma resident" means an individual who can provide
proof of residency as required by the Oklahoma Medical 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:
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 partn ers that own
an interest in a limited partnership,
d. all members that own an interest in a li mited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own inter est in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal 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 enc lose or
contain medical marijuana;
48. "Person" means a natural person, partnership, association,
business trust, compa ny, corporation, estate, l imited liability
company, trust or any other legal entity or organization, o r a
manager, agent, owner, directo r, servant, officer or employee
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
thereof, except that "person" does not include any governmental
organization;
49. "Pesticide" means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest or any substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant, except t hat the term
"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 produ ced using the same extraction
methods, standard operating procedures and an
identical group of harvest batch of medical mar ijuana,
or
b. any amount of medica l 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 esta blished or
controlled by the feder al government, state government, or a local
government or municipality including, but not limited t o,
institutions of higher education or rel ated research institutions;
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
52. "Public money" means any funds or money obtained by the
holder from any government al 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 business 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 Marijuana and Patient
Protection Act;
56. "Research project" means a discrete scientific endeavor to
answer a research question or a set of research questions rel ated 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, cl early articulated goals, defined methods and
outputs, and a defined start and end date. The descri ption 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. All research
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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
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 solel y for the transport of medical 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;
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
61. "State Question" means Oklahoma State Question 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 sativ a, indica, afghanica, ruderalis or hybrid
varieties;
63. "THC" means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by dec arboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
64. "Test batch" means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, t hat is harvested during a seven-day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from us able marijuana, means an identifie d
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 p eriod 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;
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 marijuan a product contains THC;
67. "Usable marijuana" means the dried leaves, flowers, oils,
vapors, waxes and other portions of the mariju ana plant and any
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 produced by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 425, as
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 enro ll 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 fede ral 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 imposi ng any term or condition of
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 mar ijuana 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
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 marijuana by a medical marijuana
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 patient 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 th e minor
child.
E. No person who possesses a medical marijuana patient license
may be unduly withheld from holdin g another state-issued license by
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
virtue of his or her status as a medical marijuana patient licensee
including, but not limited to, a conceale d 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
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 appropria te 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. 1. The location of any medical marijuana dispensary is
specifically prohibited within one thousa nd (1,000) feet of any
public school or private school. The distance indicated in this
subsection paragraph shall be measured from the nearest property
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
line of such public school or private school to the nearest
perimeter wall of the licensed premises of such medic al marijuana
dispensary. If a medical marijuana dispensary met the requirements
of this subsection paragraph at the time of its initial licensure,
the medical marijuana dispensary licensee shall be permit ted to
continue operating at the licensed premises in the sa me manner and
not be subject to nonrenewal or revocation due to subseque nt events
or changes in regulations o ccurring after licensure that would
render the medical marijuana dispensary 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 after such
medical marijuana dispensary has been licensed, the provisions of
this subsection paragraph shall not be a deterrent to the renewal of
such license or warrant revocation o f the license. For purposes of
this subsection paragraph, a property owned, used or operate d 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 ins truction on core
curriculum.
2. The location of any medical marijuana commercial grower
shall not be within one thousand (1,000) feet of any public s chool
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or private school as measured from the nearest property line of such
public school or private school to the nearest property line of the
licensed premises of such medical marijuana commerc ial grower.
Additionally, the location of the medical marijua na commercial
grower shall not adjoin to any public school or private school or be
located at the same physical address as the public school or private
school. If a medical marijuana commercial grower met the
requirements of this paragraph at the time of its initial licensure,
the medical marijuana commercial grower licensee shall be permitted
to continue operating at the licensed premises in the same manner
and not be subject to nonrenewal or r evocation due to subsequent
events or changes in regulations o ccurring after licensure that
would render the medical marijua na commercial grower in violation of
this paragraph. If any public school or private school is
established within one thousand (1,0 00) feet of any medical
marijuana commercial grower after such medical marijuana commercial
grower has been licensed, or if any public school or private school
is established adjoining to or at the same physical address a s any
medical marijuana commercial grower after such medical marijuana
commercial grower has been licensed, the provisions of this
paragraph shall not be a det errent to the renewal of such license or
warrant revocation of the license. For purposes of this paragraph,
a property owned, used, or operated by a public school or by a
private school that is not used for classroom instruction on co re
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
curriculum, such as an administrative building, athletic facility,
ballpark, field, or stadium, shall not constitut e a public school or
private school unless such property is located on the same campus as
a building used for classroom instruction on cor e curriculum.
H. Research shall be provided for under this law. A researcher
may apply to the State De partment of Health for a special research
license. The research license shall be granted, provided the
applicant meets the criteria list ed in the Medical Marijuana and
Patient Protection Act. Research licensees shall be required to
file monthly consumpti on reports to the State Department of Health
with amounts of marijuana used for research. Biomedical and
clinical research which is subj ect 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 waste disposal license shall be
entitled to possess, transport and dispose of medi cal marijuana
waste. No person or entity shall dispose of medical marijuana waste
without a valid medical marijuana waste disposal license. The
Oklahoma Medical Marijuana Authority shall issue licenses upon
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 pr oposed medical marijuana waste
disposal facility is not physically or technically 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 tre atment or storage of medical
marijuana waste for a period 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 firs t year, the Authority shall assess the
need for additional medical marijuana waste disposal licenses and
shall, if demonstrated, incr ease the number of license s as deemed
necessary by the Authority.
B. Entities applying for a medical marijuana waste dispo sal
license shall undergo the follo wing screening process:
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 organization,
c. trade name, if applicable,
d. type of business organization,
e. complete mailing address,
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
f. an attestation that the commercial entity w ill 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, manager and board member, if
applicable;
2. The application for a medical marijuana w aste disposal
license made by an individual on his or her own behalf shall be on
the form prescribed by the Authority and shall incl ude, but not be
limited to:
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 telephone number and email add ress 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 ma rijuana; and
3. Each application shall be accompanied by the following
documentation:
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
a. a list of all persons or entities that 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 each 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
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 f acility 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
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 re sponsibility. Liability
insurance shall be provided by th e applicant and shall apply to
sudden and nonsudden bodily injury or prope rty damage on, below or
above the surface, as required by the rules of the Authority . Such
insurance shall be maintained fo r the period of operation of the
facility and shall provid e coverage for damages resulting from
operation of the facility during ope ration and after closing.
D. Submission of an application fo r a medical marijuana waste
disposal license shall constitute p ermission 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 o f the Oklahoma
Medical Marijuana Waste Ma nagement Act, the Authority may conduct
additional unannounced, on-site inspections beyond an ann ual
inspection. The Authority may refer all complaints alleging
criminal activity that are made against a licensed facility to
appropriate state or local law enforcement authorities.
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
E. The Authority shall issu e an annual permit for each medical
marijuana waste disposal facility operated by a licensee. A permit
shall be issued only upon proper app lication by a licensee and
determination by the Authority that the proposed site and facility
are physically and techni cally suitable. Upon a finding that a
proposed medical marijuana waste disp osal facility is not physically
or technically suitable, the Authority shall deny the permit . The
Authority shall have the authority to revoke a permit upon a finding
that the site and facility are not physically and tec hnically
suitable for processing. The Authority may, upon determining that
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 disposal facility permit shall be
Five Hundred Dollars ($500.00). A medical marijuana waste disp osal
facility permit that has been revoked shall be reinstated 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 Auth ority Revolving
Fund as provided in Section 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
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
license provided for in the Oklahoma Medical Marijuana and Patient
Protection Act for purposes of tra nsporting medical marijuana waste.
H. All commercial license es, as defined in Sectio n 428.1 of
this title, shall utilize a licensed medical marijuana waste
disposal service to process all medical marijuana waste generate d by
the licensee.
I. The State Commissioner of Health shall promulgate rules for
the implementation of the Oklahoma Medical Marijuana Waste
Management Act. Promulgated rules shall address disposal process
standards, site security and any other subject m atter deemed
necessary by the Autho rity.
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 pass age and approval."
ENGR. H. A. to ENGR. S. B. NO. 1726 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Passed the House of Representatives the 27th day of April, 2022.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of _______ ___, 2022.
Presiding Officer of the Senate
ENGR. S. B. NO. 1726 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
ENGROSSED SENATE
BILL NO. 1726 By: Leewright of the Senate
and
Hilbert of the House
[ medical marijuana - license holder protection -
exception from regulatory zoning laws - waste
disposal license -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 5. 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 Ma rijuana 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 patroniz e a particular medical marijuana
business, or to purchase particular m edical marijuana or a medical
marijuana product. Advertising includes marketing , but does not
include packaging and labeling;
2. “Authority” means the Oklahoma Medical Marijuana Author ity;
ENGR. S. B. NO. 1726 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. “Batch number” means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for in ventory tracking
and traceability;
4. “Cannabinoid” means any of the chemical compounds that are
active principles of marijuana;
5. “Caregiver” means a family member or assistant who 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) years of age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F .R.
1700.20 (1995),
b. opaque so that the outermost packaging does not a llow
the product to be seen withou t opening the packaging
material, and
c. resealable to maintain its ch ild-resistant
effectiveness for multipl e openings for any product
intended for more than a single use or containing
multiple servings;
7. “Clone” means a nonflowering plant cut from a m other plant
that is capable of developing into a new plant and has sho wn no
signs of flowering;
ENGR. S. B. NO. 1726 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 Department 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 design ated
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 De partment 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 products to patients and
caregivers as defined under the Oklahoma Medical Marijuana and
Patient Protection Act , or sell or transfer product s to another
dispensary;
ENGR. S. B. NO. 1726 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
14. “Edible medical marijuana product” means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limi ted to, any type of food, drink
or pill;
15. “Entity” means an individual, 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 extracting cannabinoids
from medical marijuana through the use of propylene glycol,
glycerin, butter, olive oil, coconut oil o r 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,
ENGR. S. B. NO. 1726 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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;
22. “Heat- or pressure-based medical marijuana concentrate ”
means a medical marijuana con centrate that was produced by
extracting cannabinoids from medical marijuana through the use of
heat or pressure;
ENGR. S. B. NO. 1726 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 marijuana 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 marij uana products in accordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto;
27. “Manufacture” means the production, prop agation,
compounding or processing of a medical marijuana prod uct, excluding
ENGR. S. B. NO. 1726 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 marijuana
business operator or a medical marijuana transporter;
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
ENGR. S. B. NO. 1726 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
medical marijuana concentrate , and heat- or pressure-based medical
marijuana concentrat e;
33. “Medical marijuana commercial grower” or “commercial
grower” means an entity licensed to cultivate, prepare and package
medical marijuana and transf er or contract for transfer medical
marijuana to a medical marijuana dispensar y, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufacture rs. A commercial grower may sell seeds,
flower or clones to commercial grower s pursuant to the Oklahoma
Medical Marijuana and Patient Protection 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 involving 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-
infused products or me dical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act ;
35. “Medical-marijuana-infused product” means a product infused
with medical marijuana includ ing, but not limited to , edible
products, ointments and tinctu res;
ENGR. S. B. NO. 1726 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 an d is
intended for administration to a qualified patient includ ing, 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 P atient 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 private laboratory licensed pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act, to conduct
ENGR. S. B. NO. 1726 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 marijuana, medical marijuana concentrate
or medical marijuana products to a property or fac ility 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 transportat ion of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medi cal marijuana to treat a
licensed patient;
43. “Mother plant” means a marijuana plant that is grown or
maintained for the 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;
ENGR. S. B. NO. 1726 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 corporate 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,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own inter est in a joint
venture,
g. all persons or entities that own an intere st in an
association,
h. the owners of any other type of legal entity, and
ENGR. S. B. NO. 1726 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 enc lose or
contain medical marijuana;
48. “Person” means a natural person, partn ership, association,
business trust, compa ny, corporation, estate, l imited liability
company, trust or any other leg al entity or organization, o r a
manager, agent, owner, directo r, 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 intended for use as a
plant regulator, defoliant or desiccant, except that the term
“pesticide” shall not include any article that is a “new animal
drug” as designated by the United 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
ENGR. S. B. NO. 1726 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
identical group of harvest batch of medical mar ijuana,
or
b. any amount of medica l marijuana product of the same
exact type, produced using the same ingred ients,
standard operating procedures and t he same production
batch of medical marijuana concentrate;
51. “Public institution” means any entity esta blished or
controlled by the feder al government, state government, or a local
government or municipality in cluding, 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 government al entity including, but not limited 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;
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
ENGR. S. B. NO. 1726 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
retested as required by the Oklahoma Medical Ma rijuana and Patient
Protection Act;
56. “Research project” means a discrete scientific endeavor to
answer a research question or a set of research questions related to
medical marijuana and is required fo r a medical marijuana research
license. A research project shall include a des cription of a
defined protocol, cl early articulated goals, defined methods and
outputs, and a defined start and end date. The description shall
demonstrate that the research pr oject will comply with all
requirements in the Oklahoma Medical Marijuana and P atient
Protection Act and rules promulgated pursuant thereto. All research
and development conducted by a medical marijuana research facility
shall be conducted in fur therance of an approved research project;
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
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
ENGR. S. B. NO. 1726 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
“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 solel y for the transport of medical 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, 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 tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by dec arboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
64. “Test batch” means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
ENGR. S. B. NO. 1726 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 identifie d
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 established by the State
Department of Health or Okla homa Medical Marijuana Authority an d
made available to licensees through its website indicating that the
medical marijuana or the medical marijuan a product contains THC;
67. “Usable marijuana” means the dried leaves, flowers, oils,
vapors, waxes and othe r portions of the marijuana plant an d any
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 produced by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
ENGR. S. B. NO. 1726 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 6. 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 f or 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 cau se 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 ho urs of employment. Employers may not
take action against a medical marijuana patient licensee solely
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 component s.
C. For the purposes of medical care, including organ
transplants, the authorized use of marijuana by a medical marijuana
ENGR. S. B. NO. 1726 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
patient 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 patient 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 undul y 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
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
ENGR. S. B. NO. 1726 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 licens ure, the medical marijuana dispensary or
commercial grower licensee shall be permitted to cont inue operating
at the licensed premises in the sa me manner and not be subject to
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
ENGR. S. B. NO. 1726 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 operate d by a public school or
by a private school that is not used for classroom i nstruction 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 ins truction 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 list ed 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
clinical research which is subj ect to federal regulations and
institutional oversight shall not be subject to oversight by the
State Department of Hea lth.
ENGR. S. B. NO. 1726 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 7. 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 mariju ana waste disposal license shall be
entitled to possess, transport and dispose of medi cal marijuana
waste. No person or entity shall dispose of medical marijuana waste
without a valid medical marijuana waste disposal lice nse. The
Oklahoma Medical Marijua na Authority shall issue licenses 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 technically suitable, the
Authority shall deny the license . The Authority may, upon
determining that public health or safety requires emer gency action,
issue a temporary license for treatment or sto rage of medical
marijuana waste for a period 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 disp osal licenses. Upon
the conclusion of the first year, the A uthority shall assess the
need for additional medical marijuana waste disposal licenses and
shall, if demonstrated, incr ease the number of licenses as deemed
necessary by the Authority.
ENGR. S. B. NO. 1726 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
B. Entities applying for a medical marijuana waste disposal
license shall undergo the following screeni ng process:
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 applicabl e,
d. type of business organization,
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 ea ch
owner and each member, manager 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:
a. the first, middle and last name of the applicant and
suffix, if applicable,
b. the residence address and mailing address of the
applicant,
ENGR. S. B. NO. 1726 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 each 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
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
ENGR. S. B. NO. 1726 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 o f
residency.
C. No license shall be issued excep t upon proof of sufficient
liability insurance and financial res ponsibility. Liability
insurance shall be provid ed by the applicant and shall apply to
sudden and nonsudden bodily injury or property damage o n, below or
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 provide coverage for damages resulting from
operation of the facility during operation and a fter closing.
D. Submission of an application fo r a medical marijuana waste
disposal license shall constitute pe rmission for entry to and
inspection of the facil ity 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
ENGR. S. B. NO. 1726 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 o f 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 alleging
criminal activity that are made against a licensed facility to
appropriate state or local law e nforcement authorities.
E. The Authority shall i ssue an annual permit for each medical
marijuana waste dispo sal facility operated by a license e. 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 technically suitable. Upon a finding that a
proposed medical marijuana waste disposal facilit y is not physically
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, upon determining that
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 lic ense shall
be Five Thousand Dollars ($5,000.00) f or the initial license . The
ENGR. S. B. NO. 1726 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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 shal l be reinstated 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 me dical marijuana waste.
H. All commercial license es, as defined in Sectio n 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 o f Health shall promulgate rules for
the implementation of the Oklahoma Medical Marijuana Waste
Management Act. Promulgated rules shall address disposal process
standards, site security and any other subject matter deemed
necessary by the Authority.
SECTION 8. 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 appr oval.
ENGR. S. B. NO. 1726 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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