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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL NO. 522 By: Taylor of the Senate
and
Echols of the House
COMMITTEE SUBSTITUTE
An Act relating to medical marijuana; requiring
Oklahoma Medical Marijuana Authority to contract with
third-party vendor to provide certain services;
directing Authority to determine minimum services;
directing third-party vendor to conduct certain
functions for applicants; requiring third -party
vendor to issue certain credential or badge;
providing for certain appeal; excluding third -party
vendor from certain liability; directing promulgation
of rules; providing for codification; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.3a of Title 63, unless there
is created a duplication in numbering, reads as follows:
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Beginning January 1, 2024, the Oklahoma Medical Marijuana
Authority within the State Department of Health shall contract with
one or more third-party vendors to provide the licensing services
necessary to carry out the provisions of Section 420 et seq. of
Title 63 of the Oklahoma Statutes and the Oklahoma Medical Marijuana
and Patient Protection Act relating to the licensing of medical
marijuana research licensees, medical marijuana education facility
licensees, medical marijuana business licensees and employees of
such entities.
B. The Authority shall determine the minimum services to be
provided by such third -party vendor and shall establish costs and
prices. A third-party vendor shall on behalf of the Authority
conduct the statutorily required background checks and verify
eligibility and suitability for any license applicant for a medical
marijuana research license, medical marijuana education facility
license, any category of medical marijuana business license, and
employees of such entities.
C. Upon successful completion by the third -party vendor of the
statutorily required background checks and verification of
eligibility and suitability for a license applicant or employee, the
third-party vendor shall issue a credential or badge to the
applicant or employee. The results of background checks and
verification shall be provided to the Authority by the third -party
vendor.
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D. In the event that the third -party vendor determines that an
applicant, or its employee, does not meet the minimum statuto ry
requirements for a license, the applicant or employee shall have no
recourse against the third -party vendor but may appeal such adverse
determination to the Authority.
E. The third-party vendor shall bear no liability for any acts
taken in good-faith compliance with the provisions Section 420 et
seq. of Title 63 of the Oklahoma Statutes and the Oklahoma Medical
Marijuana and Patient Protection Act, and the rules promulgated by
the State Commissioner of Health.
F. The State Commissioner of Health may pr omulgate rules to
implement the provisions of this section.
SECTION 2. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/08/2021 - DO PASS, As Amended.