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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1841 By: Paxton
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 426.1, as last amended by Section
3, Chapter 584, O.S.L. 2021, which relates to
licensure revocation; authorizing the Authority to
take certain actions against a medical marijuana
business license holder for violations; providing
notice for holder to resolve violations; updating
statutory reference; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 426.1, as
last amended by Section 3, Chapter 584, O.S.L. 2021, is amended to
read as follows:
Section 426.1. A. Except for revocation hearings concerning
licensed patients, as defined in Section 427.2 of this title, all
licensure revocation h earings conducted pursuant to marijuana
licenses established in the Ok lahoma Statutes shall be recorded. A
party may request a copy of the recording of the proceedings.
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Copies shall be provided to local law enforcement if the revocation
was based on alleged criminal activity.
B. The State Department of Health shall assist any law
enforcement officer in the performanc e of his or her duties upon
such request by the law e nforcement officer or the request of other
local officials having jurisdiction. Excep t for license information
concerning licensed patients, as defined in S ection 427.2 of this
title, the Department sha ll share information with law enforcement
agencies upon request without a subpoena or search warrant.
C. The State Department of Health s hall make available all
information displayed on medical marijuana licen ses, as well as
whether the license is valid, to law enforcement electronically
through the Oklahoma Law Enforcement Telecommunica tions System.
D. The Department shall make available to political
subdivisions a list of marijuana -licensed premises, medical
marijuana businesses or any other premises wh ere marijuana or its
by-products are licensed to be c ultivated, grown, processed, s tored
or manufactured to aid county and municipal gove rnments in
identifying locations within their jurisdiction and ensure
compliance with local regulations.
E. 1. All marijuana-licensed premises, medical marijuana
businesses or any other premises wher e marijuana or its by -products
are licensed to be cult ivated, grown, processed, stored or
manufactured shall submit with their a pplication, after notifying
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the political subdivision of their intent, a certificate of
compliance from the political subdivisio n where the facility of the
applicant or use is to be located certifying compliance with zoning
classifications, applicable muni cipal ordinances and all applicable
safety, electrical, fire, plumbing, waste, construction and bui lding
specification codes.
2. Beginning on the effective date of this act May 28, 2021,
upon the initial request for renewal or transfer of a retail
marijuana dispensary license, a municipal government may object to
the continued licensure of the medical marijuana dis pensary if the
municipal government determines it is operating contrary to the
required setback distance from a school including the error in
measurement allowance authorized by Section 425 of t his title.
3. To prevent the granting of the grandfather prov isions of
Section 425 of this title as a matter of law, the municipal
government shall provide the following documentation prior to the
initial renewal or transfer of a license:
a. a municipal resolution finding that the marijuana
dispensary is located wit hin the prohibited setback
distance from a school that was openly in existence i n
such a way that the public generally would have known
of the school’s existence and operation in that
location prior to the original marijuana dispensary
being licensed. For purposes of this subparag raph,
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“openly in existence” means any building, locati on or
structure on a school site that has visible outward
markings indicating the building, location or
structure was operating as a school which would serve
as sufficient notice of the existence of the school or
a reason for further inquiry on the part of the
marijuana dispensary license applicant. “Openly in
existence” shall not mean any school that operated
secretly or discreetly without any signs or other
markings on any building, location or struct ure on the
school site, undeveloped land or a structur e owned by
a school that was not openly used and marked as a
school site, or any school site that was established
after the marijuana dispensary had been established
and licensed by the Authority, and
b. documentation of the measured distance from the sch ool
to the marijuana dispensary utilizing the method for
determining the setback distance less any allowable
error in measurement calculated and remeasured on and
after the effective date of this act May 28, 2021, as
authorized by Section 425 of this title.
4. Prior to initial renewal or transfer of a license and upon
receipt of documentation required by paragraph 3 o f this subsection,
if the Authority determines that the medical marijuana di spensary is
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operating contrary to the required setback distance from a school
including the error in measurement allowance authori zed by Section
425 of this title, the Authority ma y deny the renewal or t ransfer of
the medical marijuana dispensary license a nd shall cause the licen se
to be revoked.
5. For purposes of this subsection , “school” means the same as
defined in Section 427.2 of this title.
F. The Oklahoma Medical Marijuana Authority shall deny a n
application or suspend or revoke a medical marijuana business
license due to any violation of state law, any violations of a
regulation applicable t o the business including those ad opted or
enforced by any state agency including , but not limited to, the
Department of Environmental Quality, the Oklahoma Water Resources
Board, the Oklahoma Department of Agriculture, Food, and Forestry ,
the Corporation Commission, or any other agency or commission of
this state, or any local ordinance or regulation applicable to a
medical marijuana business or inaccurate reporting or disclosures to
municipal governments. Upon receipt of a notice of violation, the
Authority shall give a medical marijuana business license holder
thirty (30) days to resolve the violation. If the violation is not
resolved within the thirty (30) days, the Authority shall take
action pursuant to this subsection.
SECTION 2. It being immediately necessary for t he preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
58-2-2785 MR 1/20/2022 10:31:22 PM