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| 3 | - | ENGR. H. A. to ENGR. S. B. NO. 1841 Page 1 1 | |
| 3 | + | SB1841 HFLR Page 1 | |
| 4 | + | BOLD FACE denotes Committee Amendments. 1 | |
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| 28 | - | ENGROSSED HOUSE AMENDME NT | |
| 29 | - | TO | |
| 30 | - | ENGROSSED SENATE BILL NO . 1841 By: Paxton of the Senate | |
| 29 | + | HOUSE OF REPRESENTATIVES - FLOOR VERSION | |
| 30 | + | ||
| 31 | + | STATE OF OKLAHOMA | |
| 32 | + | ||
| 33 | + | 2nd Session of the 58th Legislature (2022) | |
| 34 | + | ||
| 35 | + | COMMITTEE SUBSTITUTE | |
| 36 | + | FOR ENGROSSED | |
| 37 | + | SENATE BILL NO. 1841 By: Paxton of the Senate | |
| 31 | 38 | ||
| 32 | 39 | and | |
| 33 | 40 | ||
| 34 | 41 | Bush of the House | |
| 35 | 42 | ||
| 36 | 43 | ||
| 37 | 44 | ||
| 38 | 45 | ||
| 39 | - | [ medical marijuana - licensure revocation - certain | |
| 40 | - | actions - notice - | |
| 41 | - | emergency ] | |
| 42 | 46 | ||
| 47 | + | COMMITTEE SUBSTITUTE | |
| 43 | 48 | ||
| 44 | - | ||
| 45 | - | ||
| 46 | - | AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | |
| 47 | - | and insert: | |
| 48 | - | ||
| 49 | - | ||
| 50 | - | ||
| 51 | - | ||
| 52 | - | "An Act relating to medical marijuana; amending 63 | |
| 49 | + | An Act relating to medical marijuana; amending 63 | |
| 53 | 50 | O.S. 2021, Section 426.1, as last amended by Section | |
| 54 | 51 | 3, Chapter 584, O.S.L. 2021, which relates to | |
| 55 | 52 | licensure revocation; authorizing the Oklahoma | |
| 56 | 53 | Medical Marijuana Authority to deny applications or | |
| 57 | 54 | suspend or revoke busi ness licenses for certain | |
| 58 | 55 | violations of laws or regulations; and declaring an | |
| 59 | 56 | emergency. | |
| 60 | 57 | ||
| 61 | 58 | ||
| 62 | 59 | ||
| 63 | 60 | ||
| 64 | 61 | ||
| 65 | 62 | ||
| 66 | 63 | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA: | |
| 67 | 64 | SECTION 1. AMENDATORY 63 O.S. 2021, Section 426.1, as | |
| 68 | 65 | last amended by Section 3, Chapter 584, O.S.L. 2021, is amended to | |
| 69 | 66 | read as follows: | |
| 67 | + | Section 426.1 A. Except for revocation hearings concerning | |
| 68 | + | licensed patients, as d efined in Section 427.2 of this title, all | |
| 69 | + | licensure revocation h earings conducted pursuant to marijuana | |
| 70 | 70 | ||
| 71 | - | ENGR. H. A. to ENGR. S. B. NO. 1841 Page 2 1 | |
| 71 | + | SB1841 HFLR Page 2 | |
| 72 | + | BOLD FACE denotes Committee Amendments. 1 | |
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| 95 | 96 | ||
| 96 | - | Section 426.1 A. Except for revocation hearings concerning | |
| 97 | - | licensed patients, as d efined in Section 427.2 of this title, all | |
| 98 | - | licensure revocation hearings conducted pursuant to marijuana | |
| 99 | 97 | licenses established in the Ok lahoma Statutes shal l be recorded. A | |
| 100 | 98 | party may request a copy of the recording of the proceedings. | |
| 101 | 99 | Copies shall be prov ided to local law enforcement if the revocation | |
| 102 | 100 | was based on alleged criminal activity. | |
| 103 | 101 | B. The State Department of Health shall assist any law | |
| 104 | 102 | enforcement officer in the performanc e of his or her duties upon | |
| 105 | 103 | such request by the law e nforcement officer or the request of other | |
| 106 | 104 | local officials having jurisdiction. Excep t for license information | |
| 107 | 105 | concerning licensed patients, as defined in S ection 427.2 of this | |
| 108 | 106 | title, the Department sha ll share information with law enforcement | |
| 109 | 107 | agencies upon request without a s ubpoena or search warrant. | |
| 110 | 108 | C. The State Department of Health s hall make available all | |
| 111 | 109 | information displayed on med ical marijuana licen ses, as well as | |
| 112 | 110 | whether the license is valid, to law enforcement electronically | |
| 113 | 111 | through the Oklahoma Law Enforcement Tele communications System. | |
| 114 | 112 | D. The Department shall make available to political | |
| 115 | 113 | subdivisions a list of marijuana -licensed premises, medical | |
| 116 | 114 | marijuana businesses or any other premises wh ere marijuana or its | |
| 117 | 115 | by-products are licensed to be c ultivated, grown, proc essed, stored | |
| 118 | 116 | or manufactured to aid county and municipal gove rnments in | |
| 117 | + | identifying locations within their jurisdi ction and ensure | |
| 118 | + | compliance with local r egulations. | |
| 119 | + | E. 1. All marijuana-licensed premises, medical marijuana | |
| 120 | + | businesses or any other premis es where marijuana or its by-products | |
| 119 | 121 | ||
| 120 | - | ENGR. H. A. to ENGR. S. B. NO. 1841 Page 3 1 | |
| 122 | + | SB1841 HFLR Page 3 | |
| 123 | + | BOLD FACE denotes Committee Amendments. 1 | |
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| 144 | 147 | ||
| 145 | - | identifying locations within their jurisdi ction and ensure | |
| 146 | - | compliance with local r egulations. | |
| 147 | - | E. 1. All marijuana-licensed premises, medical marijuana | |
| 148 | - | businesses or any other premis es where marijuana or its by-products | |
| 149 | 148 | are licensed to be cult ivated, grown, processed, stored or | |
| 150 | 149 | manufactured shall submit with their application, after no tifying | |
| 151 | 150 | the political subdivision of their intent, a certificate of | |
| 152 | 151 | compliance from the political sub division where the facility of the | |
| 153 | 152 | applicant or use is to be located certifying compliance with zoning | |
| 154 | 153 | classifications, applicable muni cipal ordinances and all applicable | |
| 155 | 154 | safety, electrical, fire, plumbing, waste, construction and bui lding | |
| 156 | 155 | specification codes. | |
| 157 | 156 | 2. Beginning on the effective date of this act May 28, 2021, | |
| 158 | 157 | upon the initial request for renewal or transfer of a retail | |
| 159 | 158 | marijuana dispensary licens e, a municipal government may object to | |
| 160 | 159 | the continued licensure of the medical marijuana dis pensary if the | |
| 161 | 160 | municipal government determines it is operating contrary to the | |
| 162 | 161 | required setback distance from a school inclu ding the error in | |
| 163 | 162 | measurement allowance authorized by Section 425 of this title . | |
| 164 | 163 | 3. To prevent the granting of the grandfather prov isions of | |
| 165 | 164 | Section 425 of this title as a matter of law, the municipal | |
| 166 | 165 | government shall provide the following documentation p rior to the | |
| 167 | 166 | initial renewal or transfer of a license: | |
| 167 | + | a. a municipal resolution finding that the marijuana | |
| 168 | + | dispensary is located wit hin the prohibited setback | |
| 169 | + | distance from a school that was openly in existence i n | |
| 170 | + | such a way that the public generally would have known | |
| 171 | + | of the school’s existence and operation in that | |
| 168 | 172 | ||
| 169 | - | ENGR. H. A. to ENGR. S. B. NO. 1841 Page 4 1 | |
| 173 | + | SB1841 HFLR Page 4 | |
| 174 | + | BOLD FACE denotes Committee Amendments. 1 | |
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| 194 | - | a. a municipal resolution finding that the marijuana | |
| 195 | - | dispensary is located wit hin the prohibited setback | |
| 196 | - | distance from a school that was openly in e xistence in | |
| 197 | - | such a way that the public generally would have known | |
| 198 | - | of the school’s existence and operation in that | |
| 199 | 199 | location prior to the original marijuana dispensary | |
| 200 | 200 | being licensed. For purposes of this subparagraph, | |
| 201 | 201 | "openly in existence" means any building, locati on or | |
| 202 | 202 | structure on a school site that has vi sible outward | |
| 203 | 203 | markings indicating the bu ilding, location or | |
| 204 | 204 | structure was operating as a school which would serve | |
| 205 | 205 | as sufficient notice of the existence of the school or | |
| 206 | 206 | a reason for further inquiry on the part of the | |
| 207 | 207 | marijuana dispensary license applicant. "Openly in | |
| 208 | 208 | existence" shall not mean any school that operated | |
| 209 | 209 | secretly or discreetly without any signs or other | |
| 210 | 210 | markings on any building, location or structure on the | |
| 211 | 211 | school site, undeveloped land or a structur e owned by | |
| 212 | 212 | a school that was not openly used and marked as a | |
| 213 | 213 | school site, or any sch ool site that was established | |
| 214 | 214 | after the marijuana dispensary had been established | |
| 215 | 215 | and licensed by the Authority, and | |
| 216 | 216 | b. documentation of the measured distance from the sch ool | |
| 217 | 217 | to the marijuana dispensary utilizing the method for | |
| 218 | + | determining the setback dist ance less any allowable | |
| 219 | + | error in measurement calculated and remeasured on and | |
| 220 | + | after the effective date of this act May 28, 2021, as | |
| 221 | + | authorized by Section 425 of this title. | |
| 218 | 222 | ||
| 219 | - | ENGR. H. A. to ENGR. S. B. NO. 1841 Page 5 1 | |
| 223 | + | SB1841 HFLR Page 5 | |
| 224 | + | BOLD FACE denotes Committee Amendments. 1 | |
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| 243 | 248 | ||
| 244 | - | determining the setback dist ance less any allowable | |
| 245 | - | error in measurement calculated and remeasured on and | |
| 246 | - | after the effective date of this act May 28, 2021, as | |
| 247 | - | authorized by Section 425 of t his title. | |
| 248 | 249 | 4. Prior to initial renewal or transfer of a license and upon | |
| 249 | 250 | receipt of documentation required by paragraph 3 of this subsection, | |
| 250 | 251 | if the Authority determines that the medical marijua na dispensary is | |
| 251 | 252 | operating contrary to the required setback distance from a school | |
| 252 | 253 | including the error in measureme nt allowance authori zed by Section | |
| 253 | 254 | 425 of this title, the Authority may deny the renewal or t ransfer of | |
| 254 | 255 | the medical marijuana dispensary lice nse and shall cause the license | |
| 255 | 256 | to be revoked. | |
| 256 | 257 | 5. For purposes of this subsection , "school" means the same as | |
| 257 | 258 | defined in Section 427.2 of this title. | |
| 258 | 259 | F. After a final determination by the applicable entity, the | |
| 259 | 260 | Oklahoma Medical Marijuana Authority may deny an application or | |
| 260 | 261 | suspend or revoke a medical marijuana busine ss license due to any | |
| 261 | 262 | violation of state law, any violations of a regulation applicable t o | |
| 262 | 263 | the operation of a medical marijuana business including those | |
| 263 | 264 | adopted or enforced by any state agenc y including, but not limited | |
| 264 | 265 | to, the Department of Environmental Quality, the Oklahoma Water | |
| 265 | 266 | Resources Board, the Oklahoma Department of Agriculture, Food , and | |
| 266 | 267 | Forestry, the Corporation Commission, or any other agency or | |
| 267 | 268 | commission of this state, or any lo cal ordinance or regulation | |
| 269 | + | applicable to a medical marijuana business or inaccurate reporting | |
| 270 | + | or disclosures to municipal governments. | |
| 271 | + | SECTION 2. It being immediately necessary for t he preservation | |
| 272 | + | of the public peace, health or safety, a n emergency is hereby | |
| 268 | 273 | ||
| 269 | - | ENGR. H. A. to ENGR. S. B. NO. 1841 Page 6 1 | |
| 274 | + | SB1841 HFLR Page 6 | |
| 275 | + | BOLD FACE denotes Committee Amendments. 1 | |
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| 294 | - | applicable to a medical marijuana business or inaccurate reporting | |
| 295 | - | or disclosures to municipal governments. | |
| 296 | - | SECTION 2. It being immediately necessary for t he preservation | |
| 297 | - | of the public peace, health or safety, a n emergency is hereby | |
| 298 | - | declared to exist, by reason whereof th is act shall take effect and | |
| 299 | - | be in full force from and after its passage and approval. " | |
| 300 | - | Passed the House of Representatives the 27th day of April, 2022. | |
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| 306 | - | Presiding Officer of the House of | |
| 307 | - | Representatives | |
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| 309 | - | ||
| 310 | - | Passed the Senate the ____ day of _______ ___, 2022. | |
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| 316 | - | Presiding Officer of the Senate | |
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| 319 | - | ENGR. S. B. NO. 1841 Page 1 1 | |
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| 344 | - | ENGROSSED SENATE | |
| 345 | - | BILL NO. 1841 By: Paxton of the Senate | |
| 346 | - | ||
| 347 | - | and | |
| 348 | - | ||
| 349 | - | Bush of the House | |
| 350 | - | ||
| 351 | - | ||
| 352 | - | ||
| 353 | - | ||
| 354 | - | [ medical marijuana - licensure revocation - certain | |
| 355 | - | actions - notice - | |
| 356 | - | emergency ] | |
| 357 | - | ||
| 358 | - | ||
| 359 | - | ||
| 360 | - | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | |
| 361 | - | SECTION 3. AMENDATORY 63 O.S. 2021, Section 426.1, as | |
| 362 | - | last amended by Section 3, Chapter 584, O.S.L. 2021, is amended to | |
| 363 | - | read as follows: | |
| 364 | - | Section 426.1. A. Except for revocation hearings concerning | |
| 365 | - | licensed patients, as defined in Sec tion 427.2 of this title, all | |
| 366 | - | licensure revocation h earings conducted pursuant to marijuana | |
| 367 | - | licenses established in the Ok lahoma Statutes shall be recorded. A | |
| 368 | - | party may request a copy of the recording of the proceedings. | |
| 369 | - | Copies shall be provided to local law enforcement if the revocation | |
| 370 | - | was based on alleged criminal activity. | |
| 371 | - | B. The State Department of Health shall assist any law | |
| 372 | - | enforcement officer in the performanc e of his or her duties upon | |
| 373 | - | such request by the law e nforcement officer or the request o f other | |
| 374 | - | local officials having jurisdiction. Excep t for license information | |
| 375 | - | concerning licensed patients, as defined in S ection 427.2 of this | |
| 376 | - | ||
| 377 | - | ENGR. S. B. NO. 1841 Page 2 1 | |
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| 401 | - | ||
| 402 | - | title, the Department sha ll share information with law enforcement | |
| 403 | - | agencies upon request without a subpoena or se arch warrant. | |
| 404 | - | C. The State Department of Health s hall make available all | |
| 405 | - | information displayed on medical marijuana licen ses, as well as | |
| 406 | - | whether the license is valid, to law enforcement electronically | |
| 407 | - | through the Oklahoma Law Enforcement Telecommunica tions System. | |
| 408 | - | D. The Department shall make available to political | |
| 409 | - | subdivisions a list of marijuana -licensed premises, medical | |
| 410 | - | marijuana businesses or any other premises wh ere marijuana or its | |
| 411 | - | by-products are licensed to be c ultivated, grown, processed, s tored | |
| 412 | - | or manufactured to aid county and municipal gove rnments in | |
| 413 | - | identifying locations within their jurisdiction and ensure | |
| 414 | - | compliance with local regulations. | |
| 415 | - | E. 1. All marijuana-licensed premises, medical marijuana | |
| 416 | - | businesses or any other premises wher e marijuana or its by-products | |
| 417 | - | are licensed to be cult ivated, grown, processed, stored or | |
| 418 | - | manufactured shall submit with their a pplication, after notifying | |
| 419 | - | the political subdivision of their intent, a certificate of | |
| 420 | - | compliance from the political subdivisio n where the facility of the | |
| 421 | - | applicant or use is to be located certifying compliance with zoning | |
| 422 | - | classifications, applicable muni cipal ordinances and all applicable | |
| 423 | - | safety, electrical, fire, plumbing, waste, construction and bui lding | |
| 424 | - | specification codes. | |
| 425 | - | ||
| 426 | - | ENGR. S. B. NO. 1841 Page 3 1 | |
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| 451 | - | 2. Beginning on the effective date of this act May 28, 2021, | |
| 452 | - | upon the initial request for renewal or transfer of a retail | |
| 453 | - | marijuana dispensary license, a municipal government may object to | |
| 454 | - | the continued licensure of the medical marijuana dispensary if the | |
| 455 | - | municipal government determines it is operating contrary to the | |
| 456 | - | required setback distance from a school including the error in | |
| 457 | - | measurement allowance authorized by Section 425 of this title . | |
| 458 | - | 3. To prevent the granting of the grandfather provisions of | |
| 459 | - | Section 425 of this title as a matter of law, the municipal | |
| 460 | - | government shall provide the following documentation prior to the | |
| 461 | - | initial renewal or transfer of a license: | |
| 462 | - | a. a municipal resolution finding that the marijuana | |
| 463 | - | dispensary is located within the prohibited set back | |
| 464 | - | distance from a school that was openly in existence i n | |
| 465 | - | such a way that the public generally would have known | |
| 466 | - | of the school’s existence and operation in that | |
| 467 | - | location prior to the original marijuana dispensary | |
| 468 | - | being licensed. For purposes of this subp aragraph, | |
| 469 | - | “openly in existence” means any building, locati on or | |
| 470 | - | structure on a school site that has visible outward | |
| 471 | - | markings indicating the building, location or | |
| 472 | - | structure was operating as a school which would serve | |
| 473 | - | as sufficient notice of the existence of the school or | |
| 474 | - | a reason for further inquiry on the part of the | |
| 475 | - | ||
| 476 | - | ENGR. S. B. NO. 1841 Page 4 1 | |
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| 501 | - | marijuana dispensary license applicant. “Openly in | |
| 502 | - | existence” shall not mean any school that operated | |
| 503 | - | secretly or discreetly without any signs or other | |
| 504 | - | markings on any building, location or st ructure on the | |
| 505 | - | school site, undeveloped land or a structur e owned by | |
| 506 | - | a school that was not openly used and marked as a | |
| 507 | - | school site, or any school site that was established | |
| 508 | - | after the marijuana dispensary had been established | |
| 509 | - | and licensed by the Authority, a nd | |
| 510 | - | b. documentation of the measured distance from the sch ool | |
| 511 | - | to the marijuana dispensary utilizing the method for | |
| 512 | - | determining the setback distance less any allowable | |
| 513 | - | error in measurement calculated and remeasured on and | |
| 514 | - | after the effective date of this act May 28, 2021, as | |
| 515 | - | authorized by Section 425 of this title. | |
| 516 | - | 4. Prior to initial renewal or transfer of a license and upon | |
| 517 | - | receipt of documentation required by paragraph 3 of this subsection, | |
| 518 | - | if the Authority determines that the medical marijuana di spensary is | |
| 519 | - | operating contrary to the required setback distance from a school | |
| 520 | - | including the error in measurement allowance authori zed by Section | |
| 521 | - | 425 of this title, the Authority may deny the renewal or t ransfer of | |
| 522 | - | the medical marijuana dispensary license a nd shall cause the license | |
| 523 | - | to be revoked. | |
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| 550 | - | 5. For purposes of this subsection , “school” means the same as | |
| 551 | - | defined in Section 427.2 of this title. | |
| 552 | - | F. The Oklahoma Medical Marijuana Authority shall deny a n | |
| 553 | - | application or suspend or revoke a medical marijuana busine ss | |
| 554 | - | license due to any violation of state law, any violations of a | |
| 555 | - | regulation applicable t o the business including those ad opted or | |
| 556 | - | enforced by any state agency including , but not limited to, the | |
| 557 | - | Department of Environmental Quality, the Oklahoma Water Resources | |
| 558 | - | Board, the Oklahoma Department of Agriculture, Food, and Forestry , | |
| 559 | - | the Corporation Commission, or any other agency or commission of | |
| 560 | - | this state, or any local ordinance or regulation applicable to a | |
| 561 | - | medical marijuana business or inaccurate reporting or disclosures to | |
| 562 | - | municipal governments. Upon receipt of a notice of violation, the | |
| 563 | - | Authority shall give a medical marijuana business license holder | |
| 564 | - | thirty (30) days to resolve the violation. If the violation is not | |
| 565 | - | resolved within the thirty (30) days, the Authority shall take | |
| 566 | - | action pursuant to this subsection. | |
| 567 | - | SECTION 4. It being immediately necessary for t he preservation | |
| 568 | - | of the public peace, health or safety, an emergency is hereby | |
| 569 | 300 | declared to exist, by reason whereof this act shall take effect and | |
| 570 | 301 | be in full force from and after its passage and approval. | |
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| 597 | - | Passed the Senate the 23rd day of March, 2022. | |
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| 601 | - | Presiding Officer of the Senate | |
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| 604 | - | Passed the House of Representatives the ____ day of __________, | |
| 605 | - | 2022. | |
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| 609 | - | Presiding Officer of the House | |
| 610 | - | of Representatives | |
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| 303 | + | COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED | |
| 304 | + | SUBSTANCES, dated 04/14/2022 - DO PASS, As Amended. |