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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 174 By: Rader
AS INTRODUCED
An Act relating to medical marijuana; amend ing
Section 17, Chapter 11, O.S.L. 2019, as amended by
Section 4, Chapter 312, O.S.L. 2019 (63 O.S. Supp.
2020, Section 427.17) , which relates to m edical
marijuana testing laboratory license ; providing
qualifications for medical laboratory director;
clarifying language; and providing an effective da te.
BE IT ENACTED BY THE PEOPLE O F THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 17, Chapter 11, O.S.L.
2019, as amended by Section 4, Chapter 312, O.S.L. 2019 (63 O.S.
Supp. 2020, Section 427.17), is amended t o read as follows:
Section 427.17. A. There is hereby created a medical marijuana
testing laboratory license as a category of the medical marijuana
business license. The Authority is hereby enabled to monitor,
inspect and audit a licensed testing labora tory under this act.
B. The Authority is hereby au thorized to contract with a
private laboratory for the purpose of conducting compliance testing
of medical marijuana testing laboratories licensed in this state.
Any such laboratory under contract for com pliance testing shall be
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prohibited from conducting any other commercial medical marijuana
testing in this state.
C. The Authority shall have the authority to develop acceptable
testing and research practices , including but not limited to
testing, standards, quality control analysis, equipment
certification and calibration, and chemical identification and
substances used in bona fide research methods so long as it complies
with this act.
D. A person who is a direct b eneficial owner or an indirect
beneficial owner of a medical marijuana dispensary, medical
marijuana commercial grower, or medical marijuana processor shall
not be an owner of a laboratory.
E. A laboratory and a or laboratory applicant shall comply with
all applicable local ordinances, includi ng but not limited to
zoning, occupancy, licensing and building codes.
F. A separate license shall be required for each specific
laboratory.
G. A medical marijuana testing laboratory license may be issued
to a person who performs testing and research on medical marijuana
and medical marijuana products fo r medical marijuana businesses,
medical marijuana research facilities, medical marijuana education
facilities, and testing and research on marijuana and marijuana
products grown or produced by a patient or caregiver on behalf of a
patient, upon verificatio n of registration.
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H. No state-approved medical marijuana testing facility shall
operate unless a medical laboratory director is on site during
operational hours. A medical laboratory director must posse ss a
bachelor’s degree in the chemical, environment al, biological or
physical sciences or engineering, with at least a total of twenty-
four (24) college semester credit hours in chemistry or biology and
at least two (2) years of experience in the environme ntal analysis
of representative inorganic and organ ic analytes for which the
laboratory will be performing . A master’s degree or doctoral degree
in one of the above disciplines may be substituted for one (1) year
of experience.
H. I. A laboratory applicant shall comply with the application
requirements of this section and shall submit such other information
as required for a medical marijuana business applicant, in addition
to any information the Authority may request for initi al approval
and periodic evaluations during the approval period.
I. J. A medical marijuana testing laboratory may accept samples
of medical marijuana, medical marijuana concentrate or medical
marijuana product from a medical marijuana business for testing and
research purposes only, which purposes may include the provision of
testing services for samples submitted by a medic al marijuana
business for product development. The Department may require a
medical marijuana business to submit a sample of medical marijuana,
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medical marijuana concentrate or medical marijuana product to a
medical marijuana testing laboratory upon deman d.
J. K. A medical marijuana testing laboratory may accept samples
of medical marijuana, medical marijuana concentrate or medical
marijuana product from an individual person for testing only under
the following conditions:
1. The individual person is a p atient or caregiver pursuant to
this act or is a participant in an approved clinical or
observational study conducted by a research fa cility; and
2. The medical marijuana testing laboratory shall require the
patient or caregiver to produce a valid patient license and current
and valid photo identification.
K. L. A medical marijuana testing laboratory may transfer
samples to another med ical marijuana testin g laboratory for testing.
All laboratory reports provided to or by a medical marijuana
business or to a patient or caregiver shall identify the medical
marijuana testing laboratory that actually conducted the test.
L. M. A medical marijuana testing laborato ry may utilize a
licensed medical marijuana transporter to transport samples of
medical marijuana, medical marijuana concentrate and medical
marijuana product for testing, in accordance with this act and the
rules adopted pursuant t hereto, between the orig inating medical
marijuana business requesting testing s ervices and the destination
laboratory performing testing services.
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M. N. The medical marijuana testing laboratory shall establish
policies to prevent the existence of or appea rance of undue
commercial, financial or other influences that may diminish the
competency, impartiality and integrity of t he testing processes or
results of the laboratory, or that may diminish public confidence in
the competency, impartiality and integrit y of the testing processes
or results of the laboratory. At a minimum, employe es, owners or
agents of a medical marijuana testing laboratory who participate in
any aspect of the analysis and results of a sample are prohibited
from improperly influencing t he testing process, imprope rly
manipulating data, or improperly benefiting from any ongoing
financial, employment, persona l or business relationship with the
medical marijuana business that provided the sample.
N. O. The Department, pursuant to rules prom ulgated by the
State Commissioner of Health, shall develop standards, policies and
procedures as necessary for:
1. The cleanliness and orderliness of a laboratory premises and
the location of the laboratory in a secure location, and inspection,
cleaning and maintenance of any equipm ent or utensils used for the
analysis of test sampl es;
2. Testing procedures, testing standar ds for cannabinoid and
terpenoid potency and safe levels of contaminants, and remediation
procedures;
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3. Controlled access areas for storage of medical marijuana and
medical marijuana product test samples, waste and reference
standards;
4. Records to be retained and computer systems to be utilized
by the laboratory;
5. The possession, storage and use by the laboratory of
reagents, solutions and reference standar ds;
6. A certificate of analysis (COA) for each lo t of reference
standard;
7. The transport and disposal of unused marijuana, marijuana
products and waste;
8. The mandatory use by a laboratory of an inventory tracking
system to ensure all test batches o r samples containing medical
marijuana, medical mar ijuana concentrate or medical marijuana
products are identified and tracked from the point they are
transferred from a medical marijuana business, a patient or a
caregiver through the point of transfer, de struction or disposal.
The inventory tracking syst em reporting shall include the results of
any tests that are conducted on medical marijuana, medical marijuana
concentrate or medical marijuana product;
9. Standards of perform ance;
10. The employment of laboratory personnel;
11. A written standard oper ating procedure manual to be
maintained and updated by the laboratory;
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12. The successful participation in a Department -approved
proficiency testing program for each testing ca tegory listed in this
section, in order to obtain and maintain certification;
13. The establishment of and adherence to a quality assurance
and quality control program to ensure sufficient monitoring of
laboratory processes and quality of results reported ;
14. The establishment by the laboratory of a system to document
the complete chain of custody for samples from receipt through
disposal;
15. The establishment by the laboratory of a system to retain
and maintain all required records, including business records, and
processes to ensure results are reported in a timely and accurate
manner; and
16. Any other aspect of labor atory testing of medical marijuana
or medical marijuana product deemed necessary by the Department.
O. P. A medical marijuana testing laboratory shall promptly
provide the Department or designee of the Department access to a
report of a test and any under lying data that is conducted on a
sample at the request of a medical marijuana business or qualified
patient. A medical marijuana tes ting laboratory shall also p rovide
access to the Department or designee of the Department to laboratory
premises and to any material or information requested by the
Department to determine compliance with the requirements of this
section.
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P. Q. A medical marijuana testing laboratory shall retain all
results of laboratory tests condu cted on marijuana or products for a
period of at least two (2) years and shall make them available to
the Department upon request.
Q. R. A medical marijuana testing laboratory shall test samples
from each harvest batch or product batch, as appropriate, of medical
marijuana, medical marijuana conce ntrate and medical marijuana
product for each of the following categories of testing, consistent
with standards developed by the Commi ssioner:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other c annabinoid potency;
6. Terpenoid potency; and
7. Heavy metals.
R. S. A test batch shall not exceed ten (10) pounds of usable
marijuana or medical marijuana pro duct, as appropriate. A grower
shall separate each harvest lot of usable marijuana into harve st
batches containing no more than ten (10) pounds. A processor shall
separate each medical marijuana production lot into production
batches containing no more t han ten (10) pounds.
S. T. Medical marijuana testi ng laboratory licensure shall be
contingent upon successful on-site inspection, successful
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participation in proficiency testing and ongoing compliance with the
applicable requirements in this section.
T. U. A medical marijuana testing laboratory shall be inspected
prior to initial licensure and an nually thereafter by an inspector
approved by the Authority.
U. V. Beginning on a date determined by the Commissioner, not
later than January 1, 2020, medical ma rijuana testing laborat ory
licensure shall be conti ngent upon accreditation by the NELAC
Institute (TNI), ANSI/ASQ National Accreditation Board or another
accrediting body approved by the Commissioner, and any applicable
standards as determined by the Depa rtment.
V. W. A commercial grower shall not transf er or sell medical
marijuana and a processo r shall not transfer, sell or process into a
concentrate or product any medical marijuana, medical marijuana
concentrate or medical ma rijuana product unless sampl es from each
harvest batch or production batch from which that medical marijuana,
medical marijuana concentrate or medical marijuana product was
derived has been tested by a medical marijuana testing facility for
contaminants and passed all contaminant tes ts required by this act.
SECTION 2. This act shall become effective November 1, 2021.
58-1-928 DC 12/22/2020 11:13:00 AM