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ENGROSSED HOUSE AMENDME NT
TO
ENGROSSED SENATE BILL NO . 522 By: Taylor of the Senate
and
Echols of the House
An Act relating to medical marijuana; requiri ng
Oklahoma Medical Marijuana Authority t o 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; pro viding for
certain appeal; excluding third-party vendor from
certain liability; directing promulgation of rules;
providing for codification; and providing an
effective date.
AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
and insert:
"An Act relating to medical marijuana; requiri ng
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; and providing for
codification.
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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:
A. Beginning January 1, 2024, the Oklahoma Medical Marijuan a
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 Medic al 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 determin e 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
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third-party vendor shall issue a credential or badge to the
applicant or employee. The results of background checks and
verifications shall be provided to the Authority by the third -party
vendor.
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 ha ve 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 of 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. "
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Passed the House of Representatives the 28th 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. 522 By: Taylor of the Senate
and
Echols of the House
An Act relating to medical marijuana; requiri ng
Oklahoma Medical Marijuana Authority t o 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; pro viding 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 STA TE OF OKLAHOMA:
SECTION 2. NEW LAW A new s ection 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:
A. 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
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licensees, medical marijuana education facility licensees, medi cal
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 l icense, 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.
D. In the event that the third -party vendor determines that an
applicant, or its em ployee, does not meet the minimum statutory
requirements for a license, the applicant or employee shall have no
recourse against the third -party vendor but may appeal such a dverse
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
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seq. of Title 63 of the Oklahoma Statutes and the Oklahoma Medical
Marijuana and Patien t Protection Act, and the rules promulgated by
the State Commissioner of Health.
F. The State Commissioner of Health may promulgate rules to
implement the provisions of thi s section.
SECTION 3. This act shall become effective November 1, 2021.
Passed the Senate the 10th day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2021.
Presiding Officer of the House
of Representatives