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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 1841 By: Paxton of the Senate
and
Bush of the House
[ medical marijuana - licensure revocation - certain
actions - notice -
emergency ]
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"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 Oklahoma
Medical Marijuana Au thority to deny applications or
suspend or revoke busi ness licenses for certain
violations of laws or regulations; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OK LAHOMA:
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:
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Section 426.1 A. Except for revocation hearings concerning
licensed patients, as d efined in Section 427.2 of this title, all
licensure revocation hearings conducted pursuant to marijuana
licenses established in the Ok lahoma Statutes shal l be recorded. A
party may request a copy of the recording of the proceedings.
Copies shall be prov ided 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. Except 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 s ubpoena or search warrant.
C. The State Department of Health shall make available all
information displayed on med ical marijuana licen ses, as well as
whether the license is valid, to law enforcement electronically
through the Oklahoma Law Enforcement Tele communications System.
D. The Department shall make availabl e 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, proc essed, stored
or manufactured to aid county and municipal gov ernments in
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identifying locations within their jurisdi ction and ensure
compliance with local r egulations.
E. 1. All marijuana-licensed premises, medical marijuana
businesses or any other premis es where marijuana or its by-products
are licensed to be cult ivated, grown, processed, stored or
manufactured shall submit with their application, after no tifying
the political subdivision of their intent, a certificate of
compliance from the political sub division 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 licens e, a municipal government may object to
the continued licensure of the medical marijuana dis pensary if the
municipal government determines it is operating contrar y to the
required setback distance from a school inclu ding the error in
measurement allowance authorized by Section 425 of this 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 p rior to the
initial renewal or transfer of a license:
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a. a municipal resolution finding that the marijuana
dispensary is located wit hin the prohibited setback
distance from a school that was openly in e xistence in
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 subparagraph,
"openly in existence" means any building, location or
structure on a school site that has vi sible outward
markings indicating the bu ilding, 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 t he 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 structure on the
school site, undeveloped land or a structure owned by
a school that was not openly used and marked as a
school site, or any sch ool site that was established
after the marijuana dispensary had been established
and licensed by the Authority, and
b. documentation of the measured distance fro m the school
to the marijuana dispensary utilizing the method for
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determining the setback dist ance 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 t his title.
4. Prior to initial renewal or transfer of a license and upon
receipt of documentation required by paragraph 3 of this subsection,
if the Authority determines that the medical marijua na dispensary is
operating contrary to the required setback d istance from a school
including the error in measureme nt allowance authori zed by Section
425 of this title, the Authority may deny the renewal or t ransfer of
the medical marijuana dispensary lice nse and shall cause the license
to be revoked.
5. For purposes of this subsection , "school" means the same as
defined in Section 427.2 of this title.
F. After a final determination by the applicable entity, the
Oklahoma Medical Marijuana Authority may deny an application or
suspend or revoke a medical marijuana bu siness license due to any
violation of state law, any violations of a regulation applicable t o
the operation of a medical marijuana business including those
adopted or enforced by any state agenc y 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 lo cal ordinance or regulation
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applicable to a medical marijuana business or inaccurate reporting
or disclosures to municipal governments.
SECTION 2. It being immediately necessary for t he preservation
of the public peace, health or safety, a n emergency is hereby
declared to exist, by reason whereof th is act shall take effect and
be in full force from and after its passage and approval. "
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
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ENGROSSED SENATE
BILL NO. 1841 By: Paxton of the Senate
and
Bush of the House
[ medical marijuana - licensure revocation - certain
actions - notice -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 3. 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 Sec tion 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.
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 o f other
local officials having jurisdiction. Excep t for license information
concerning licensed patients, as defined in S ection 427.2 of this
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title, the Department sha ll share information with law enforcement
agencies upon request without a subpoena or se arch 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
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.
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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 dispensary 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 this title .
3. To prevent the granting of the grandfather provisions 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 within the prohibited set back
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 subp aragraph,
“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
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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 st ructure 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, a nd
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 of this subsection,
if the Authority determines that the medical marijuana di spensary is
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 may deny the renewal or t ransfer of
the medical marijuana dispensary license a nd shall cause the license
to be revoked.
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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 busine ss
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 4. It being immediately necessary for t he preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reas on whereof this act shall take effect and
be in full force from and after its passage and approval.
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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