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SENATE FLOOR VERSION
February 22, 2021
SENATE BILL NO. 680 By: Daniels
An Act relating to medical marijuana; amending
Section 2, Chapter 11, O.S.L. 2019, as last amended
by Section 48, Chapter 161, O.S .L. 2020 (63 O.S.
Supp. 2020, Section 427.2), which relates to
definitions used in the Oklahoma Medical Marijuana
and Patient Protection Act ; modifying definition;
amending Section 17, Chapter 11, O.S.L. 2019, as
amended by Section 4, Chapter 312, O.S.L. 2 019 (63
O.S. Supp. 2020, Section 427. 17), which relates to
medical marijuana testing laboratory license ;
requiring testing of med ical marijuana waste prior to
transfer; requiring separation of medical marijuana
waste into waste batches; modifying provisions to
include medical marijuana waste; clarifying language;
updating statutory references; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section 2, Chapter 11, O.S.L.
2019, as last amended by S ection 48, Chapter 161, O.S.L. 2020 (63
O.S. Supp. 2020, Section 427.2), is amended to read as follows:
Section 427.2. As used in this act the Oklahoma Medical
Marijuana and Patient Protection Act :
1. “Advertising” means the act of providing consideratio n for
the publication, dissemination, solicitation, or circulation, of
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visual, oral, or written communication to induce directly or
indirectly any person to patronize a par ticular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. “Authority” means the Oklahoma Medi cal Marijuana Authority;
3. “Batch number” means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. “Cannabinoid” means any of the chemical compounds that are
active principles of ma rijuana;
5. “Caregiver” means a family member or assis tant who regularly
looks after a medical marijuana licen se holder whom a physician
attests needs assistance;
6. “Child-resistant” means special packaging that is:
a. designed or constructed to be sign ificantly difficult
for children under five (5) years o f age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995),
b. opaque so that the outermost packaging does not allow
the product to be seen without openi ng the packaging
material, and
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c. resealable to maintain its child-resistant
effectiveness for multiple openings for any product
intended for more than a single use or containing
multiple servings;
7. “Clone” means a nonflowering plant cut from a mother plant
that is capable of deve loping into a new plant and has shown no
signs of flowering;
8. “Commissioner” means the State Commissioner of Health;
9. “Complete application ” means a document prepared in
accordance with the provi sions set forth in this act the Oklahoma
Medical Marijuana and Patient Pro tection Act, rules promulgated
pursuant thereto, and the forms and instructions provided by the
Department, including any supporting documentation required and the
applicable license application fee;
10. “Department” means the State Depart ment of Health;
11. “Director” means the Executive D irector of the Oklahoma
Medical Marijuana Authority;
12. “Dispense” means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the des ignated
caregiver of the patien t that is packaged in a suitable container
appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. “Dispensary” means a medical marijuana dispensary, an
entity that has been licensed by the Department pursuant to this act
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the Oklahoma Medical Marijuana and Patient Protecti on Act to
purchase medical marijuana or medical marijuana pr oducts from a
licensed medical marijuana commercial grower or medical marijuana
processor, sell medical marijuan a or medical marijuana products to
patients and caregivers as defined under this act Section 427.1 et
seq. of this title, or sell or transfer products to another
dispensary;
14. “Edible medical marijua na product” means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limited to, any type of food, drink
or pill;
15. “Entity” means an individual, general partnership, limited
partnership, limited liab ility company, trust, estate, associatio n,
corporation, cooperative, or any other legal or commercial entity;
16. “Flower” means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or parts of the plant that are
harvested and used to consume in a variety of medical marijuana
products;
17. “Flowering” means the reproductive state of the marijuana
or cannabis plant in which there are physical signs of flower or
budding out of the nodes of the stem;
18. “Food-based medical marijuana concentrate” means a medical
marijuana concentrate that was produced by extracting cannabinoids
from medical marijuana through the u se of propylene glycol,
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glycerin, butter, olive oil, coconut oil or other typical food -safe
cooking fats;
19. “Good cause” for purposes of an initial, renewa l or
reinstatement license application, or for purposes of di scipline of
a licensee, means:
a. the licensee or applicant has violated, does not meet,
or has failed to comply with any of the term s,
conditions or provisions of the act, any rules
promulgated pursuant thereto, or any supplemental
relevant state or local law, rule or regulation,
b. the licensee or applicant has failed to comply wi th
any special terms or conditions that were placed upo n
the license pursuant to an order of the State
Department of Health, Oklahoma Medical Marijuana
Authority or the municipal ity, or
c. the licensed premises of a medical marijuana business
or applicant have been operated in a manner that
adversely affects the public health or we lfare or the
safety of the immediate vic inity in which the
establishment is located;
20. “Harvest batch” means a specifically identified quantity of
medical marijuana that is uni form in strain, cultivated utilizing
the same cultivation practices, harveste d at the same time from the
same location and cured under uniform conditions;
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21. “Harvested marijuana” means post-flowering medical
marijuana not including trim, concentrate or waste;
22. “Heat- or pressure-based medical marijuana concentrate”
means a medical marijuana concentrate that was pr oduced by
extracting cannabinoids from medical marijuana thro ugh the use of
heat or pressure;
23. “Immature plant” means a nonflowering ma rijuana plant that
has not demonstrated signs of flower ing;
24. “Inventory tracking system” means the required track ing
system that accounts for medical marijuana from either th e seed or
immature plant stage until the medical marijuana or medical
marijuana product is sold to a patient at a medical marijuana
dispensary, transferred to a medical marijuana research facilit y,
destroyed by a medical marijuana business or used in a res earch
project by a medical marijuana research facility;
25. “Licensed patient” or “patient” means a person who has been
issued a medical marijuana patient license by the State Department
of Health or Oklahoma Medical Marijuana Authority;
26. “Licensed premises” means the premises specified in an
application for a medical marijuana business license, medical
marijuana research facility license or medical mar ijuana education
facility license pursua nt to this act the Oklahoma Medical Marijuana
and Patient Protection Act that are owned or in poss ession of the
licensee and within which the licensee is authorized to cultivate,
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manufacture, distribute, sell, store, transport, test or research
medical marijuana or medical marijuana products in accordance with
the provisions of this act the Oklahoma Medical Marijuana and
Patient Protection Act and rules promulgated pursuant thereto;
27. “Manufacture” means the production, propagation,
compounding or proce ssing of a medical marijuana product, excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, or by a combination of extraction and
chemical synthesis;
28. “Marijuana” shall have the same meaning a s such term is
defined in Section 2-101 of Title 63 of the Oklahoma Statutes;
29. “Material change” means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or production of medical marijuana,
medical marijuana concentrate or medical marijuana products;
30. “Mature plant” means a harvestable female marijuana plant
that is flowering;
31. “Medical marijuana business (MMB) ” means a licensed medical
marijuana dispensary, medical marijua na processor, medical marijuana
commercial grower, medical marijuana laboratory, medical marijuana
business operator, or a medical marijuana transporter;
32. “Medical marijuana concentrate ” or “concentrate” means a
specific subset of medical marijuana tha t was produced by extracting
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cannabinoids from medical marijuana. Categories of medical
marijuana concentrate include water -based medical marijuana
concentrate, food-based medical marijuana concentrat e, solvent-based
medical marijuana concentrate, and hea t- or pressure-based medical
marijuana concentrate;
33. “Medical marijuana commercial grower ” or “commercial
grower” means an entity licensed to cultivate, prepare and package
medical marijuana and tr ansfer or contract for transfer medical
marijuana to a medical marijuana dispensary, medical mariju ana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufac turers. A commercial grower may sell seeds,
flower or clones to commercial growers pursuant to this act the
Oklahoma Medical Marijuana and Patient Protection Act ;
34. “Medical marijuana education facility ” or “education
facility” means a person or entity approved pursu ant to this act the
Oklahoma Medical Marijuana and Patient Protection Act to operate a
facility providing training and education to individuals involving
the cultivation, growing , harvesting, curing, preparing, packagi ng
or testing of medical marijuana, or the production, manufacture,
extraction, processing, packaging or creation of medic al-marijuana-
infused products or medical marijuana products as described in this
act the Oklahoma Medical Marijuana and Patient Protection Act ;
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35. “Medical-marijuana-infused product” means a product infused
with medical marijuana including, but not limit ed to, edible
products, ointments and tinctures;
36. “Medical marijuana pr oduct” or “product” means a product
that contains cannabinoids that have been extracted from plant
material or the resin therefrom by physical o r chemical means and is
intended for administration to a qualified patient including, but
not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liqu ids, and forms admin istered by a
nebulizer, excluding live plant fo rms which are considered medical
marijuana;
37. “Medical marijuana processor ” means a person or entity
licensed pursuant to this act the Oklahoma Medical Marijuana and
Patient Protection Act to operate a business including the
production, manufacture, extraction, processing, packaging or
creation of concentrate, medical-marijuana-infused products or
medical marijuana products as described in this act the Oklahoma
Medical Marijuana and Patient Protection Act ;
38. “Medical marijuana research facility” or “research
facility” means a person or entity approved pursuant to this act the
Oklahoma Medical Marijuana and Patient Protection Act to conduct
medical marijuana research. A medical marijuana research facility
is not a medical marijuana business;
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39. “Medical marijuana testing laborato ry” or “laboratory”
means a public or private laborator y licensed pursuant to this act,
the Oklahoma Medical Marijuana and Patient Protection Act to conduct
testing and research on medical marijuana and, medical marijuana
products and medical marijuana waste ;
40. “Medical marijuana transporter” or “transporter” means a
person or entity that is lic ensed pursuant to this act the Oklahoma
Medical Marijuana and Patient Protection Act . A medical marijuana
transporter does not incl ude a medical marijuana business that
transports its own medical marijuana, medical marijuana concentrate
or medical marijuana products to a property or facility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana busine ss;
41. “Medical marijuana waste” or “waste” means unused, surplus,
returned or out-of-date marijuana, plant debris of the plant of the
genus Cannabis, including dead plants and all unused plant parts and
roots, except the term shall not include roots, st ems, stalks and
fan leaves;
42. “Medical use” means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medic al marijuana to treat a
licensed patient;
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43. “Mother plant” means a marijuana plant that is grown or
maintained for the purpose of generating c lones, and that will not
be used to produce plant material for sale to a m edical marijuana
processor or medical marijuana dispensary;
44. “Oklahoma physician” or “physician” means a physician
licensed by and in good standing with the State Board of Medica l
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Examine rs;
45. “Oklahoma resident” means an individual who can provide
proof of residency as required by this act the Oklahoma Medical
Marijuana and Patient Protection Act ;
46. “Owner” means, except where the context otherwise requires,
a direct beneficial owner including, but not limited to, all persons
or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general part nership,
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
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f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal entity, and
i. any other person holding an interest or convertible
note in any entity which owns, operates or mana ges a
licensed facility;
47. “Package” or “packaging” means any container or wrapper
that may be used by a medical marijuana business to enclose or
contain medical marijuana;
48. “Person” means a natural person, p artnership, association,
business trust, company, corporation, estate, limited liability
company, trust or any other legal entity or organization, or a
manager, agent, owner, director, servant, officer or employee
thereof, except that “person” does not include any governmental
organization;
49. “Pesticide” means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest or any substance or mixture of substances intended for us e as a
plant regulator, defolia nt or desiccant, except that the term
“pesticide” shall not include any article that is a “new animal
drug” as designated by the United States Food and Drug
Administration;
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50. “Production batch” means:
a. any amount of medical marijuana concentrate of th e
same category and produced using the sa me extraction
methods, standard operating procedures and an
identical group of harvest batch of medical marijuana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingred ients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
51. “Public institution” means any entity established or
controlled by the federal government, state government, or a local
government or municipality inc luding, but not limited to,
institutions of higher education or related research institutions;
52. “Public money” means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
53. “Recommendation” means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to this act the Oklahoma
Medical Marijuana and Patient Protection Act ;
54. “Registered to conduct business ” means a person that has
provided proof that the busine ss applicant is in good standing with
the Oklahoma Secretary of State and Oklahoma Tax Commission;
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55. “Remediation” means the process by which the medical
marijuana flower or trim, which has failed microbial testing, is
processed into solvent -based medical marijuana concentrate and
retested as required by this act the Oklahoma Medical Marijuana and
Patient Protection Act ;
56. “Research project” means a discrete scientific endeavor to
answer a research question or a se t of research questions related to
medical marijuana and is required for a medical marijuana researc h
license. A research project shall incl ude a description of a
defined protocol, clearly articulated goals, defined methods and
outputs, and a defined star t and end date. The description shal l
demonstrate that the research project will comply with all
requirements in this act the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto. All research
and development conducted by a medical marijuana research facility
shall be conducted in furtherance of an approved research project;
57. “Revocation” means the final decision by the Department
that any license issued p ursuant to this act the Oklahoma Medical
Marijuana and Patient Protection Act is rescinded because the
individual or entity does not comply with the applicable
requirements set forth in this act the Oklahoma Medical Marijuana
and Patient Protection Act or rules promulgated pursuant thereto;
58. “School” means a public or private preschool or a public or
private elementary or secondary school used for school classes and
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instruction. A homeschool, daycare or child -care facility shall not
be considered a “school” as used in this act the Oklahoma Medical
Marijuana and Patient Protection Act ;
59. “Shipping container” means a hard-sided container with a
lid or other enclosure that can be secured in place. A shipping
container is used solely for the transport of medical marijuana,
medical marijuana concentrate, or me dical marijuana products between
medical marijuana businesses, a medical mar ijuana research facility,
or a medical marijuana education facility;
60. “Solvent-based medical marijuana concentrate ” means a
medical marijuana concentrate that was produced by e xtracting
cannabinoids from medical m arijuana through the use of a solvent
approved by the Department;
61. “State Question” means Oklahoma State Question No . 788,
Initiative Petition No. 412, approved by a ma jority vote of the
citizens of Oklahoma on June 26, 2018;
62. “Strain” means the classification of marijuana or cannabis
plants in either pure sativa, indica, afgh anica, ruderalis or hybrid
varieties;
63. “THC” means tetrahydrocannabinol, which is the pr imary
psychotropic cannabinoid in marijuana for med by decarboxylation of
naturally tetrahydrocannabinolic acid, which gener ally occurs by
exposure to heat;
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64. “Test batch” means with regard to usable ma rijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, that is harvested during a se ven-day
period from a specified cultiva tion area, and with regard to oils,
vapors and waxes derived from usable marijuan a, means an identified
quantity that is uniform, tha t is intended to meet specifications
for identity, strength and composition, and tha t is manufactured,
packaged and labeled during a specified time period according to a
single manufacturing, packaging an d labeling protocol;
65. “Transporter agent” means a person who transports medical
marijuana or medical marijuana products for a licens ed transporter
and holds a transporter agent license pursuant to this act the
Oklahoma Medical Marijuana and Patient Protection Act ;
66. “Universal symbol” means the image established by the State
Department of Health or Oklahoma Medical Marijuana Authori ty and
made available to licensees through its website indicating that the
medical marijuana or t he medical marijuana product contains THC ;
67. “Usable marijuana” means the dried leaves, flowers, oils,
vapors, waxes and other portions of the marijuana pla nt and any
mixture or preparation thereof, excluding seed, roots, stems, stalks
and fan leaves; and
68. “Water-based medical marijuana co ncentrate” means a
concentrate that was produced by extracting cannabinoids from
medical marijuana through the use of only water, ice, or dry ice.
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SECTION 2. AMENDATORY S ection 17, Chapter 11, O.S.L.
2019, as amended by Section 4, Chapter 312, O.S.L. 2 019 (63 O.S.
Supp. 2020, Section 427.17), is amended to rea d as follows:
Section 427.17. A. There is hereby created a medical marijuana
testing laboratory license as a category of the medical marijuana
business license. The Authority is hereby enabled to monitor,
inspect and audit a licensed testing laboratory under this act
Section 427.1 et seq. of this title.
B. The Authority is here by authorized to contr act with a
private laboratory for the purpose of conducting compliance testing
of medical marijuana testing la boratories licensed in this state.
Any such laboratory under contract for complianc e testing shall be
prohibited from condu cting any other commer cial medical marijuana
testing in this state.
C. The Authority shall have the authority to develop acceptable
testing and research practices , including but not limited to
testing, standards, qu ality control analysis, equipment
certification and calibratio n, and chemical identification and
substances used in bona fide research methods so long as it complies
with this act the Oklahoma Medical Marijuana and Pati ent Protection
Act.
D. A person who is a direct beneficial owner or an indirect
beneficial owner of a medical marijuana dispensary, me dical
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marijuana commercial grower, or medical marijuana processor shall
not be an owner of a laboratory.
E. A laboratory and a laboratory applicant shall com ply with
all applicable local ordinances , including but not limited to
zoning, occupancy, licensin g and building codes.
F. A separate license shall be required for each sp ecific
laboratory.
G. A medical marijuana test ing laboratory license may be issued
to a person who performs testing and research on medical marijuana
and, medical marijuana products and medical marijuana waste for
medical marijuana busines ses, medical marijuana research facilities,
medical marijuana education facilities, and testing and research on
medical marijuana and marijuana produc ts grown or produced by a
patient or caregiver o n behalf of a patient, upon verification of
registration. No stat e-approved medical marijuana testing facility
shall operate unless a medical laboratory dire ctor is on site during
operational hours.
H. A laboratory applicant shall comply with the applica tion
requirements of this section and shall submit such other info rmation
as required for a medical marijuana business ap plicant, in addition
to any information the Authority may request for initial approval
and periodic evaluations during the approval per iod.
I. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or, medical
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marijuana product or medical marijuana waste from a medical
marijuana business for testing and research p urposes only, which
purposes may include t he provision of testing services for samples
submitted by a medical marijuana business for product development.
The Department may requ ire a medical marijuana business to submit a
sample of medical marijuana, medi cal marijuana concen trate or,
medical marijuana product or medical marijuana waste to a medical
marijuana testing laboratory upon demand.
J. A medical marijuana testing laborato ry may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from an individual person for testing only under
the following condit ions:
1. The individual person is a patient or caregiver pursuant to
this act the Oklahoma Medical Marijuana and Patient Protection Act
or is a participant i n an approved clinical or observational study
conducted by a research facility; an d
2. The medical marijuana testing laboratory shall require
requires the patient or caregiver to pr oduce a valid patient license
and current and valid photo identification.
K. A medical marijuana testing laboratory may transfer samples
to another medical marijuana testing laboratory for testing. All
laboratory reports provided to or by a medical marij uana business or
to a patient or caregiver shall identify the medical mari juana
testing laboratory that actually conducted the test.
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L. A medical marijuana testing laboratory may utilize a
licensed medical marijuana tr ansporter to transport samples of
medical marijuana, medical marijuana concentrate and, medical
marijuana product and medical marijuana waste for testing, in
accordance with this act the Oklahoma Medical Marijuana and Patient
Protection Act and the rules adopted pursuant thereto, between the
originating medical marijuana business requesting testing services
and the destination laboratory performing testing s ervices.
M. The medical marijuana testing laboratory shall establish
policies to prevent the ex istence of or appearance of undue
commercial, financial or other influences that may diminish the
competency, impartiality and integrity of the testing processe s or
results of the laboratory, or that may diminish p ublic confidence in
the competency, impart iality and integrity of the testing proces ses
or results of the laboratory. At a minimum, employees, owners or
agents of a medical marijuana testing laboratory who participate in
any aspect of the analysis and res ults of a sample are prohibited
from improperly influencing the testing process, imp roperly
manipulating data, or improperly benefiting from any ongoing
financial, employment, personal or business relat ionship with the
medical marijuana business that provi ded the sample.
N. The Department, pursua nt to rules promulgated by the State
Commissioner of Health, shall develop standards, policies and
procedures as necessary for:
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1. The cleanliness and orderlin ess of a laboratory premises and
the location of the l aboratory in a secure location, and inspec tion,
cleaning and maintenance of any equi pment or utensils used for the
analysis of test samples;
2. Testing procedures, testing standards for cannabinoid and
terpenoid potency and safe levels of contaminants, an d remediation
procedures;
3. Controlled access areas for storage of medical marijua na and
medical marijuana product test samples, waste and reference
standards;
4. Records to be retained and computer systems to be utilized
by the laboratory;
5. The possession, storage and use by the laboratory of
reagents, solutions and reference standards;
6. A certificate of analysis (COA) for each lot of reference
standard;
7. The transport and disposal of unused marijuana, marijuana
products and waste;
8. The mandatory use by a laboratory of an inventory tracking
system to ensure all test batches or samples containing medical
marijuana, medical marijuana concentrate or, medical marijuana
products or medical marijuana waste are identified and tracked from
the point they are transferred from a medical mariju ana business, a
patient or a caregiver thr ough the point of transfer, destruction or
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disposal. The inventory tracking system reporting shall include the
results of any tests that are conducted on medical marijuana ,
medical marijuana concentrate or, medical marijuana product or
medical marijuana waste;
9. Standards of performance;
10. The employment of l aboratory personnel;
11. A written standard operating procedure manual to be
maintained and updated by the labo ratory;
12. The successful participation in a Department-approved
proficiency testing program for each testing category listed in this
section, in order to obtain and maintain certification;
13. The establishment o f and adherence to a quality assurance
and quality control program to ensure suffi cient monitoring of
laboratory processes a nd quality of results reported;
14. The establishment by th e laboratory of a system to document
the complete chain of custody for s amples from receipt through
disposal;
15. The establishment by the laboratory of a system to retain
and maintain all required records, including business records, and
processes to ensure results are reported in a timely and accurate
manner; and
16. Any other aspect of laboratory testing of med ical marijuana
or, medical marijuana produ ct or medical marijuana waste deemed
necessary by the Department.
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O. A medical marijuana testing laboratory shall promptly
provide the Department or designee of the Departme nt access to a
report of a test and any underlying data that is conduc ted on a
sample at the request of a medical marijuana business or qualified
patient. A medical marijuana testing laboratory shall also provid e
access to the Department or designee of th e Department to laboratory
premises and to any material or information requested by the
Department to determine compliance w ith the requirements of this
section.
P. A medical marijuana testing laboratory shall r etain all
results of laboratory tests conduc ted on medical marijuana or,
medical marijuana products or medical marijuana waste for a period
of at least two (2) years an d shall make them available to the
Department upon request.
Q. A medical marijuana testing laboratory shall test samples
from each harvest batch or product, production batch, as
appropriate, or waste batch of medical marijuana, medical marijuana
concentrate and, medical marijuana product or medical marijuana
waste for each of the following categories of testing, consistent
with standards developed by the Commissioner:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
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5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
6. Terpenoid potency; and
7. Heavy metals.
R. A test batch sha ll not exceed ten (10) pounds of usable
medical marijuana or, medical marijuana product , as appropriate or
medical marijuana waste. A grower shall separate each harvest lot
of usable marijuana into harvest batches containing no more than ten
(10) pounds. A processor shall sepa rate each medical marijuana
production lot into production batches containing no m ore than ten
(10) pounds. A grower or processor shall separate each medical
marijuana waste lot into waste batches containing no more than ten
(10) pounds.
S. Medical marijuana testing laboratory licensure shall be
contingent upon successful on -site inspection, successful
participation in profic iency testing and ongoing compliance with the
applicable requirements in this section.
T. A medical marijua na testing laboratory sh all be inspected
prior to initial licens ure and annually thereafter by an inspecto r
approved by the Authority.
U. Beginning on a date determined by the Commissioner, not
later than January 1, 2020, medical marijuana testing laborat ory
licensure shall be c ontingent upon accreditation by the NELA C
Institute (TNI), ANSI/ASQ National Accre ditation Board or another
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accrediting body approved by the Commissioner, and any applicable
standards as determined by the Department.
V. 1. A commercial grower shall not t ransfer or sell medical
marijuana and a processor shall not transfer, sell or proc ess into a
concentrate or product any medical marijuana, medical marijuana
concentrate or medical marijuana product unless samples from each
harvest batch or production batch from which that medical marijuana ,
medical marijuana concentrate or medical marij uana product was
derived has have been tested by a medical marijuana testing facility
for contaminants and passed all contaminant tests required by this
act the Oklahoma Medical Marijuana and Patient Protection Act .
2. A processor shall not transfer, sell or process into a
concentrate or product any medical marijuana, medical marijua na
concentrate or medical marijuana product unless samples from each
production batch from which that medical marijuana, medical
marijuana concentrate or medical marijuana product was derived have
been tested by a medi cal marijuana testing facility for con taminants
and passed all contaminant tests required by this act.
3. A commercial grower or process or shall not transfer medical
marijuana waste to a medical marijuana waste disposa l facility
unless samples from each waste batch from which that medical
marijuana waste was derived have been tested by a medical marijuana
testing facility for contaminants .
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SECTION 3. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON HEALT H AND HUMAN SERVICES
February 22, 2021 - DO PASS