40 | 64 | | |
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41 | 65 | | An Act relating to medical marijuana; amending |
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42 | 66 | | Section 2, Chapter 11, O.S.L. 2019, as last amended |
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43 | 67 | | by Section 48, Chapter 161, O.S.L. 20 20 (63 O.S. |
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44 | 68 | | Supp. 2020, Section 427.2) , which relates to |
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45 | 69 | | definitions used in the Oklahoma Medical Marijuana |
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46 | 70 | | and Patient Protection Act ; modifying definition; |
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47 | 71 | | amending Section 17, Chapter 11, O.S.L. 2019, as |
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48 | 72 | | amended by Section 4, Chapter 312, O.S.L. 2 019 (63 |
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49 | 73 | | O.S. Supp. 2020, Section 427.17) , which relates to |
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50 | 74 | | medical marijuana testing laboratory license ; |
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51 | 75 | | requiring testing of med ical marijuana waste prior to |
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52 | 76 | | transfer; requiring separation of medical marijuana |
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53 | 77 | | waste into waste batches; modifying provisions to |
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54 | 78 | | include medical marijuana waste; clarifying language; |
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55 | 79 | | updating statutory references; and providing an |
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56 | 80 | | effective date. |
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57 | 81 | | |
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58 | 82 | | |
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59 | 83 | | |
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60 | 84 | | |
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61 | 87 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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62 | 88 | | SECTION 1. AMENDATORY Section 2, Chapter 11, O.S.L. |
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63 | 89 | | 2019, as last amended by Section 48, Chapter 161, O.S.L. 2020 (63 |
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64 | 90 | | O.S. Supp. 2020, Section 427.2), is amended to read as follows: |
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65 | 91 | | Section 427.2. As used in this act the Oklahoma Medical |
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66 | 92 | | Marijuana and Patient Protection Act : |
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96 | 146 | | visual, oral, or written communication to induce directly or |
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97 | 147 | | indirectly any person to patronize a par ticular medical marijuana |
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98 | 148 | | business, or to purchase particular medical marijuana or a medic al |
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99 | 149 | | marijuana product. Advertising includes marketing, but does not |
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100 | 150 | | include packaging and labeling; |
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101 | 151 | | 2. “Authority” means the Oklahoma Medi cal Marijuana Authority; |
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102 | 152 | | 3. “Batch number” means a unique numeric or alphanu meric |
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103 | 153 | | identifier assigned prior to testi ng to allow for inventory tracking |
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104 | 154 | | and traceability; |
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105 | 155 | | 4. “Cannabinoid” means any of the chemical compounds that are |
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106 | 156 | | active principles of ma rijuana; |
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107 | 157 | | 5. “Caregiver” means a family member or assis tant who regularly |
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108 | 158 | | looks after a medical marijuana license hol der whom a physician |
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109 | 159 | | attests needs assistance; |
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110 | 160 | | 6. “Child-resistant” means special packaging that is: |
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111 | 161 | | a. designed or constructed to be sign ificantly difficult |
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112 | 162 | | for children under five (5) years o f age to open and |
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113 | 163 | | not difficult for normal adults to use prope rly as |
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114 | 164 | | defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R. |
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115 | 165 | | 1700.20 (1995), |
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146 | 220 | | c. resealable to maintain its child-resistant |
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147 | 221 | | effectiveness for multiple openings for any product |
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148 | 222 | | intended for more than a single use or containing |
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149 | 223 | | multiple servings; |
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150 | 224 | | 7. “Clone” means a nonflowering plant cut from a mother plant |
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151 | 225 | | that is capable of deve loping into a new plan t and has shown no |
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152 | 226 | | signs of flowering; |
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153 | 227 | | 8. “Commissioner” means the State Commissioner of Health; |
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154 | 228 | | 9. “Complete application ” means a document prepared in |
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155 | 229 | | accordance with the provi sions set forth in this act the Oklahoma |
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156 | 230 | | Medical Marijuana and Patient Protect ion Act, rules promulgated |
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157 | 231 | | pursuant thereto, and the form s and instructions provided by the |
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158 | 232 | | Department, including any supporting documentation required and the |
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159 | 233 | | applicable license application fee; |
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160 | 234 | | 10. “Department” means the State Depart ment of Health; |
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161 | 235 | | 11. “Director” means the Executive Dir ector of the Oklahoma |
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162 | 236 | | Medical Marijuana Authority; |
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163 | 237 | | 12. “Dispense” means the selling of medical marijuana or a |
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164 | 238 | | medical marijuana product to a qualified patient or the des ignated |
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165 | 239 | | caregiver of the patien t that is packaged in a suitable container |
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197 | 295 | | the Oklahoma Medical Marijuana and Patient Protection Act to |
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198 | 296 | | purchase medical marijuana or medical marijuana pr oducts from a |
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199 | 297 | | licensed medical marijuana commercial grower or medical marijuana |
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200 | 298 | | processor, sell medical marijuan a or medical marijuana products to |
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201 | 299 | | patients and caregivers as defined under this act Section 427.1 et |
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202 | 300 | | seq. of this title, or sell or transfer products to another |
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203 | 301 | | dispensary; |
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204 | 302 | | 14. “Edible medical marijua na product” means any medical- |
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205 | 303 | | marijuana-infused product for which the intended use is oral |
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206 | 304 | | consumption including, but not limited to, any type of food, drink |
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207 | 305 | | or pill; |
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208 | 306 | | 15. “Entity” means an individual, general partnership, limited |
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209 | 307 | | partnership, limited liab ility company, trust, estate, associatio n, |
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210 | 308 | | corporation, cooperative, or any other legal or commercial ent ity; |
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211 | 309 | | 16. “Flower” means the reproductive organs of the marijuana or |
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212 | 310 | | cannabis plant referred to as the bud or parts of the plant that are |
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213 | 311 | | harvested and used to consume in a variety of medical marijuana |
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214 | 312 | | products; |
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248 | 370 | | glycerin, butter, olive oil, coconut oil or other typical food -safe |
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249 | 371 | | cooking fats; |
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250 | 372 | | 19. “Good cause” for purposes of an initial, renewa l or |
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251 | 373 | | reinstatement license application, or for purposes of discip line of |
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252 | 374 | | a licensee, means: |
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253 | 375 | | a. the licensee or applicant has violated, does not meet, |
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254 | 376 | | or has failed to comply with any of the term s, |
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255 | 377 | | conditions or provisions of the act, any rules |
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256 | 378 | | promulgated pursuant thereto, or any supplemental |
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257 | 379 | | relevant state or local law , rule or regulation, |
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258 | 380 | | b. the licensee or applicant has failed to comply wi th |
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259 | 381 | | any special terms or conditions that were placed upo n |
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260 | 382 | | the license pursuant to an order of the State |
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261 | 383 | | Department of Health, Oklahoma Medical Marijuana |
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262 | 384 | | Authority or the municipality, or |
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263 | 385 | | c. the licensed premises of a medical marijuana business |
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264 | 386 | | or applicant have been operated in a manner that |
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265 | 387 | | adversely affects the public health or we lfare or the |
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299 | 445 | | 21. “Harvested marijuana” means post-flowering medical |
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300 | 446 | | marijuana not including trim, concentrate or waste; |
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301 | 447 | | 22. “Heat- or pressure-based medical marijuana concentrate” |
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302 | 448 | | means a medical marijuana concentrate that was pr oduced by |
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303 | 449 | | extracting cannabinoids from medical marijuana through the use of |
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304 | 450 | | heat or pressure; |
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305 | 451 | | 23. “Immature plant” means a nonflowering ma rijuana plant that |
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306 | 452 | | has not demonstrated signs of flower ing; |
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307 | 453 | | 24. “Inventory tracking system” means the required track ing |
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308 | 454 | | system that accounts for medical marijuana from either the se ed or |
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309 | 455 | | immature plant stage until the medical marijuana or medical |
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310 | 456 | | marijuana product is sold to a patient at a medical marijuana |
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311 | 457 | | dispensary, transferred to a medical marijuana research facilit y, |
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312 | 458 | | destroyed by a medical marijuana business or used in a researc h |
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313 | 459 | | project by a medical marijuana research facility; |
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314 | 460 | | 25. “Licensed patient” or “patient” means a person who has been |
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315 | 461 | | issued a medical marijuana patient license by the State Department |
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316 | 462 | | of Health or Oklahoma Medical Marijuana Authority; |
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350 | 520 | | manufacture, distribute, sell, store, transport, test or research |
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351 | 521 | | medical marijuana or medical marijuana products in accordance with |
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352 | 522 | | the provisions of this act the Oklahoma Medical Marijuana and |
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353 | 523 | | Patient Protection Act and rules promulgated pursuant thereto; |
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354 | 524 | | 27. “Manufacture” means the production, propagation, |
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355 | 525 | | compounding or proce ssing of a medical marijuana product, excluding |
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356 | 526 | | marijuana plants, either directly or indirectly by extraction from |
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357 | 527 | | substances of natural or synthetic origin, or independently by means |
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358 | 528 | | of chemical synthesis, or by a combination of extraction and |
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359 | 529 | | chemical synthesis; |
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360 | 530 | | 28. “Marijuana” shall have the same meaning a s such term is |
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361 | 531 | | defined in Section 2-101 of Title 63 of the Okl ahoma Statutes; |
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362 | 532 | | 29. “Material change” means any change that would require a |
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363 | 533 | | substantive revision to the standard operating procedures of a |
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364 | 534 | | licensee for the cultivation or production of medical marijuana, |
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365 | 535 | | medical marijuana concentrate or medical marijuana products; |
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366 | 536 | | 30. “Mature plant” means a harvestable female marijuana plant |
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367 | 537 | | that is flowering; |
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368 | | - | 31. “Medical marijuana business (MMB) ” means a licensed medical |
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369 | | - | marijuana dispensary, medical marijua na processor, medical marijuana |
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370 | | - | commercial grower, medical marijuana laboratory, medical marijuana |
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371 | | - | business operator, or a medical marijuana transporter; |
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372 | | - | 32. “Medical marijuana concentrate ” or “concentrate” means a |
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373 | | - | specific subset of medical marijuana tha t was produced by extracting |
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| 589 | + | 31. “Medical marijuana business (MMB) ” means a licensed medical |
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| 590 | + | marijuana dispensary, medical marijua na processor, medical marijuana |
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| 591 | + | commercial grower, medical mar ijuana laboratory, medical marijuana |
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| 592 | + | business operator, or a medical marijuana transporter; |
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| 593 | + | 32. “Medical marijuana concentrate ” or “concentrate” means a |
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| 594 | + | specific subset of medical marijuana tha t was produced by extracting |
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401 | 595 | | cannabinoids from medical marijua na. Categories of medical |
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402 | 596 | | marijuana concentrate include water -based medical marijuana |
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403 | 597 | | concentrate, food-based medical marijuana concentrat e, solvent-based |
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404 | 598 | | medical marijuana concentrate, and hea t- or pressure-based medical |
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405 | 599 | | marijuana concentrate; |
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406 | 600 | | 33. “Medical marijuana commercial grower ” or “commercial |
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407 | 601 | | grower” means an entity licensed to cultivate, prepare and package |
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408 | 602 | | medical marijuana and tr ansfer or contract for transfer medical |
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409 | 603 | | marijuana to a medical marijuana dispensary, medical marijuana |
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410 | 604 | | processor, any other medical marijuana commercial grower, medical |
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411 | 605 | | marijuana research facility, medical marijuana education facility |
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412 | 606 | | and pesticide manufac turers. A commercial grower may sell seeds, |
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413 | 607 | | flower or clones to commercial growers pursuant to this act the |
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414 | 608 | | Oklahoma Medical Marijuana and Patient Protection Act ; |
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415 | 609 | | 34. “Medical marijuana education facility ” or “education |
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416 | 610 | | facility” means a person or entity approved pursu ant to this act the |
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417 | 611 | | Oklahoma Medical Marijuana and Patient Protection Act to operate a |
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418 | 612 | | facility providing training and education to individuals involving |
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419 | | - | the cultivation, growing , harvesting, curing, preparing, packagi ng |
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420 | | - | or testing of medical marijuana, or the production, manufacture, |
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421 | | - | extraction, processing, packaging or creation of medic al-marijuana- |
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422 | | - | infused products or medical marijuana products as described in this |
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423 | | - | act the Oklahoma Medical Marijuana and Patient Protection Act ; |
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| 664 | + | the cultivation, growing , harvesting, curing, preparing, packagi ng |
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| 665 | + | or testing of medical marijuana, or the production, manufacture, |
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| 666 | + | extraction, processin g, packaging or creation of medical -marijuana- |
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| 667 | + | infused products or medical marijuana products as described in this |
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| 668 | + | act the Oklahoma Medical Marijuana and Patient Protection Act ; |
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451 | 669 | | 35. “Medical-marijuana-infused product” means a product infused |
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452 | 670 | | with medical marijuana including, but not limited to, edible |
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453 | 671 | | products, ointments and tinctures; |
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454 | 672 | | 36. “Medical marijuana pr oduct” or “product” means a product |
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455 | 673 | | that contains cannabinoids that have been extracted from plant |
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456 | 674 | | material or the resin therefrom by physical or ch emical means and is |
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457 | 675 | | intended for administration to a qualified patient including, but |
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458 | 676 | | not limited to, oils, tinctures, edibles, pills, topical forms, |
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459 | 677 | | gels, creams, vapors, patches, liqu ids, and forms admin istered by a |
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460 | 678 | | nebulizer, excluding live plant forms which are considered medical |
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461 | 679 | | marijuana; |
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462 | 680 | | 37. “Medical marijuana processor ” means a person or entity |
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463 | 681 | | licensed pursuant to this act the Oklahoma Medical Marijuana and |
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464 | 682 | | Patient Protection Act to operate a business including the |
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465 | 683 | | production, manufacture, extraction, processing, packaging or |
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466 | 684 | | creation of concentrate, medical -marijuana-infused products or |
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467 | 685 | | medical marijuana products as described in this act the Oklahoma |
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468 | 686 | | Medical Marijuana and Patient Protection Act ; |
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501 | 743 | | 39. “Medical marijuana testing laborato ry” or “laboratory” |
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502 | 744 | | means a public or private laborator y licensed pursuant to this act, |
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503 | 745 | | the Oklahoma Medical Marijuana and Patient Protection Act to conduct |
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504 | 746 | | testing and research on medical marijuana and, medical marijuana |
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505 | 747 | | products and medical marijuana waste ; |
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506 | 748 | | 40. “Medical marijuana transporter ” or “transporter” means a |
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507 | 749 | | person or entity that is lic ensed pursuant to this act the Oklahoma |
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508 | 750 | | Medical Marijuana and Patient Protection Act . A medical marijuana |
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509 | 751 | | transporter does not include a medical marijuana business that |
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510 | 752 | | transports its own medical marijuana, medical marijuana concentrate |
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511 | 753 | | or medical marijuana products to a property or facility adjacent to |
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512 | 754 | | or connected to the licensed premises if the property is another |
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513 | 755 | | licensed premises of the same medical marijuana business; |
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514 | 756 | | 41. “Medical marijuana waste ” or “waste” means unused, surplus, |
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515 | 757 | | returned or out-of-date marijuana, plant debris of the plant of the |
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516 | 758 | | genus Cannabis, including dead plants and all unused plant parts and |
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517 | 759 | | roots, except the term shall not include roots, stems, stalks and |
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518 | 760 | | fan leaves; |
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551 | 817 | | 43. “Mother plant” means a marijuana plant that is grown or |
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552 | 818 | | maintained for the purpose of generating c lones, and that will not |
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553 | 819 | | be used to produce plant material for sale to a medic al marijuana |
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554 | 820 | | processor or medical marijuana dispensary; |
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555 | 821 | | 44. “Oklahoma physician” or “physician” means a physician |
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556 | 822 | | licensed by and in good standing with the State Board of Medica l |
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557 | 823 | | Licensure and Supervision, the State Board of Osteopathic Examiners |
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558 | 824 | | or the Board of Podiatric Medical Examiners; |
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559 | 825 | | 45. “Oklahoma resident” means an individual who can provide |
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560 | 826 | | proof of residency as required by this act the Oklahoma Medical |
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561 | 827 | | Marijuana and Patient Protection Act ; |
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562 | 828 | | 46. “Owner” means, except where the context otherwise requires, |
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563 | 829 | | a direct beneficial owner including, but not limited to, all persons |
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564 | 830 | | or entities as follows: |
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565 | 831 | | a. all shareholders owning an interest of a corporate |
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566 | 832 | | entity and all officers of a corporate entity, |
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567 | 833 | | b. all partners of a general part nership, |
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568 | 834 | | c. all general partners and all limited partners that own |
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569 | 835 | | an interest in a limited partnership, |
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601 | 891 | | f. all persons or entities that own interest in a joint |
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602 | 892 | | venture, |
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603 | 893 | | g. all persons or entities that own an interest in an |
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604 | 894 | | association, |
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605 | 895 | | h. the owners of any other type of legal entity, and |
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606 | 896 | | i. any other person holding an interest or convertible |
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607 | 897 | | note in any entity which owns, operates or mana ges a |
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608 | 898 | | licensed facility; |
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609 | 899 | | 47. “Package” or “packaging” means any container or wrapper |
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610 | 900 | | that may be used by a medical marijuana business to enclose or |
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611 | 901 | | contain medical marijuana; |
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612 | 902 | | 48. “Person” means a natural person, p artnership, association, |
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613 | 903 | | business trust, company, corporation, estate, limited li ability |
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614 | 904 | | company, trust or any other legal entity or organization, or a |
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615 | 905 | | manager, agent, owner, director, servant, officer or employee |
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616 | 906 | | thereof, except that “person” does not include any governmental |
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617 | 907 | | organization; |
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618 | 908 | | 49. “Pesticide” means any substance or mixtu re of substances |
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619 | 909 | | intended for preventing, destroying, repelling or mitigating any |
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620 | 910 | | pest or any substance or mixture of substances intended for us e as a |
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652 | 966 | | 50. “Production batch” means: |
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653 | 967 | | a. any amount of medical marijuana concentrate of th e |
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654 | 968 | | same category and produced using the sa me extraction |
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655 | 969 | | methods, standard operatin g procedures and an |
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656 | 970 | | identical group of harvest batch of medical marijuana, |
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657 | 971 | | or |
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658 | 972 | | b. any amount of medical marijuana product of the same |
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659 | 973 | | exact type, produced using the same ingred ients, |
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660 | 974 | | standard operating procedures and the same production |
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661 | 975 | | batch of medical mar ijuana concentrate; |
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662 | 976 | | 51. “Public institution” means any entity established or |
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663 | 977 | | controlled by the federal government, state government, or a local |
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664 | 978 | | government or municipality inc luding, but not limited to, |
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665 | 979 | | institutions of higher education or related research institutions; |
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666 | 980 | | 52. “Public money” means any funds or money obtained by the |
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667 | 981 | | holder from any governmental entity including, but not limited to, |
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668 | 982 | | research grants; |
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669 | 983 | | 53. “Recommendation” means a document that is signed or |
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670 | 984 | | electronically submitted by a physician on behalf of a patient for |
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703 | 1041 | | 55. “Remediation” means the process by which the medical |
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704 | 1042 | | marijuana flower or trim, which has failed microbial testing, is |
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705 | 1043 | | processed into solvent -based medical marijuana concentrate and |
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706 | 1044 | | retested as required by this act the Oklahoma Medical Marijuana and |
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707 | 1045 | | Patient Protection Act ; |
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708 | 1046 | | 56. “Research project” means a discrete scientific endeavor to |
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709 | 1047 | | answer a research question or a set of research questions related to |
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710 | 1048 | | medical marijuana and is required for a medical marijuana researc h |
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711 | 1049 | | license. A research project shall incl ude a description of a |
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712 | 1050 | | defined protocol, clearly articulated goals, defined methods and |
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713 | 1051 | | outputs, and a defined start an d end date. The description shall |
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714 | 1052 | | demonstrate that the research project will comply with all |
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715 | 1053 | | requirements in this act the Oklahoma Medical Marijuana and Patient |
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716 | 1054 | | Protection Act and rules promulgated pursuant thereto. All research |
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717 | 1055 | | and development conducted by a medical marijuana research facility |
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718 | 1056 | | shall be conducted in furtherance of an approved research project; |
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719 | 1057 | | 57. “Revocation” means the final decision by the Department |
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720 | 1058 | | that any license issued p ursuant to this act the Oklahoma Medical |
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721 | 1059 | | Marijuana and Patien t Protection Act is rescinded because the |
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754 | 1116 | | instruction. A homeschool, daycare or child -care facility shall not |
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755 | 1117 | | be considered a “school” as used in this act the Oklahoma Medical |
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756 | 1118 | | Marijuana and Patient Protection Act ; |
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757 | 1119 | | 59. “Shipping container” means a hard-sided container with a |
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758 | 1120 | | lid or other enclosure that can be secured in place. A shipping |
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759 | 1121 | | container is used solely for the transport of medical marijuana, |
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760 | 1122 | | medical marijuana concentrate, or medica l marijuana products between |
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761 | 1123 | | medical marijuana businesses, a medical mar ijuana research facility, |
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762 | 1124 | | or a medical marijuana education facility; |
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763 | 1125 | | 60. “Solvent-based medical marijuana concentrate ” means a |
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764 | 1126 | | medical marijuana concentrate that was produced by extra cting |
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765 | 1127 | | cannabinoids from medical marijuana through the use of a solvent |
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766 | 1128 | | approved by the Department; |
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767 | 1129 | | 61. “State Question” means Oklahoma State Question No . 788, |
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768 | 1130 | | Initiative Petition No. 412, approved by a ma jority vote of the |
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769 | 1131 | | citizens of Oklahoma on June 26, 2018; |
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770 | 1132 | | 62. “Strain” means the classification of marijuana or cannabis |
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771 | 1133 | | plants in either pure sativa, indica, afgh anica, ruderalis or hybrid |
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772 | 1134 | | varieties; |
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804 | 1190 | | 64. “Test batch” means with regard to usable ma rijuana, a |
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805 | 1191 | | homogenous, identified quantity of usable marijuana by strain, no |
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806 | 1192 | | greater than ten (10) poun ds, that is harvested during a seven -day |
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807 | 1193 | | period from a specified cultiva tion area, and with regard to oils, |
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808 | 1194 | | vapors and waxes derived from usable marijuan a, means an identified |
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809 | 1195 | | quantity that is uniform, tha t is intended to meet specifications |
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810 | 1196 | | for identity, strength and composition, and that is manufactured, |
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811 | 1197 | | packaged and labeled during a specified time period according to a |
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812 | 1198 | | single manufacturing, packaging an d labeling protocol; |
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813 | 1199 | | 65. “Transporter agent” means a person who transports medical |
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814 | 1200 | | marijuana or medical marijuana products for a licensed transporter |
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815 | 1201 | | and holds a transporter agent license pursuant to this act the |
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816 | 1202 | | Oklahoma Medical Marijuana and Patient Protection Act ; |
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817 | 1203 | | 66. “Universal symbol” means the image established by the State |
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818 | 1204 | | Department of Health or O klahoma Medical Marijuana Authority and |
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819 | 1205 | | made available to licensees through its website indicating that the |
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820 | 1206 | | medical marijuana or t he medical marijuana product contains THC ; |
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821 | 1207 | | 67. “Usable marijuana” means the dried leaves, flowers, oils, |
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822 | 1208 | | vapors, waxes and ot her portions of the marijuana plant and any |
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855 | 1265 | | SECTION 2. AMENDATORY S ection 17, Chapter 11, O.S.L. |
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856 | 1266 | | 2019, as amended by Section 4, Chapter 312, O.S.L. 2 019 (63 O.S. |
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857 | 1267 | | Supp. 2020, Section 427.17), is amended to read as follows: |
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858 | 1268 | | Section 427.17. A. There is hereby created a me dical marijuana |
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859 | 1269 | | testing laboratory license as a category of the medical marijuana |
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860 | 1270 | | business license. The Authority is hereby enabled to monitor, |
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861 | 1271 | | inspect and audit a licensed testing laboratory unde r this act |
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862 | 1272 | | Section 427.1 et seq. of th is title. |
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863 | 1273 | | B. The Authority is here by authorized to contr act with a |
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864 | 1274 | | private laboratory for the purpose of conducting compliance testing |
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865 | 1275 | | of medical marijuana testing la boratories licensed in this state. |
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866 | 1276 | | Any such laboratory under contract for compliance testing shall be |
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867 | 1277 | | prohibited from condu cting any other commer cial medical marijuana |
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868 | 1278 | | testing in this state. |
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869 | 1279 | | C. The Authority shall have the authority to develop acceptable |
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870 | 1280 | | testing and research practices , including but not limited to |
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871 | 1281 | | testing, standards, quality control analysis, equipment |
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872 | 1282 | | certification and calibratio n, and chemical identification and |
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873 | 1283 | | substances used in bona fide research methods so long as it complies |
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905 | 1339 | | marijuana commercial grower, or medical marijuana processor shall |
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906 | 1340 | | not be an owner of a laboratory. |
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907 | 1341 | | E. A laboratory and a laboratory applicant shall comply with |
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908 | 1342 | | all applicable local ordinances , including but not limited to |
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909 | 1343 | | zoning, occupancy, licensin g and building codes. |
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910 | 1344 | | F. A separate license shall be required for each sp ecific |
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911 | 1345 | | laboratory. |
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912 | 1346 | | G. A medical marijuana testing laboratory license may be issued |
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913 | 1347 | | to a person who performs testing and research on medical marijuana |
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914 | 1348 | | and, medical marijuana products and medical marijuana waste for |
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915 | 1349 | | medical marijuana busines ses, medical marijuana research facilities, |
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916 | 1350 | | medical marijuana educa tion facilities, and testing and research on |
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917 | 1351 | | medical marijuana and marijuana produc ts grown or produced by a |
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918 | 1352 | | patient or caregiver o n behalf of a patient, upon verification of |
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919 | 1353 | | registration. No stat e-approved medical marijuana testing facility |
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920 | 1354 | | shall operate unless a medical laboratory director is on site during |
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921 | 1355 | | operational hours. |
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922 | 1356 | | H. A laboratory applicant shall comply with the applica tion |
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923 | 1357 | | requirements of this section and shall submit such other info rmation |
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924 | 1358 | | as required for a medical marijuana business applic ant, in addition |
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956 | 1414 | | marijuana product or medical marijuana waste from a medical |
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957 | 1415 | | marijuana business for testing and research p urposes only, which |
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958 | 1416 | | purposes may include t he provision of testing services for samples |
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959 | 1417 | | submitted by a medical marijuana business for product deve lopment. |
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960 | 1418 | | The Department may require a medical ma rijuana business to submit a |
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961 | 1419 | | sample of medical marijuana, medi cal marijuana concen trate or, |
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962 | 1420 | | medical marijuana product or medical marijuana waste to a medical |
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963 | 1421 | | marijuana testing laboratory upon demand. |
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964 | 1422 | | J. A medical marijuana testing laboratory may accept sa mples of |
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965 | 1423 | | medical marijuana, medical marijuana concentrate or medical |
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966 | 1424 | | marijuana product from an individual person for testing only under |
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967 | 1425 | | the following condit ions: |
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968 | 1426 | | 1. The individual person is a patient or caregiver pursuant to |
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969 | 1427 | | this act the Oklahoma Medical Marijuana and Patient Protection Act |
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970 | 1428 | | or is a participant i n an approved clinical or observational study |
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971 | 1429 | | conducted by a research facility; an d |
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972 | 1430 | | 2. The medical marijuana testing laboratory shall require |
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973 | 1431 | | requires the patient or caregiver to produce a valid patient license |
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974 | 1432 | | and current and valid photo identification. |
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1007 | 1489 | | L. A medical marijuana testing laboratory may utilize a |
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1008 | 1490 | | licensed medical marijuana transp orter to transport samples of |
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1009 | 1491 | | medical marijuana, medical marijua na concentrate and, medical |
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1010 | 1492 | | marijuana product and medical marijuana waste for testing, in |
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1011 | 1493 | | accordance with this act the Oklahoma Medical Marijuana and Patient |
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1012 | 1494 | | Protection Act and the rules adopted pursuant thereto, between the |
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1013 | 1495 | | originating medical marijuana business requesting testing services |
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1014 | 1496 | | and the destination laboratory performing testing s ervices. |
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1015 | 1497 | | M. The medical marijuana testing laboratory shall establish |
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1016 | 1498 | | policies to prevent the ex istence of or appearance of undue |
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1017 | 1499 | | commercial, financial or other influences that may diminish the |
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1018 | 1500 | | competency, impartiality and integrity of the testing processe s or |
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1019 | 1501 | | results of the laboratory, or that may diminish p ublic confidence in |
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1020 | 1502 | | the competency, impart iality and integrity of the testing processes |
---|
1021 | 1503 | | or results of the laboratory. At a minimum, employees, owners or |
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1022 | 1504 | | agents of a medical marijuana testing laboratory who participate in |
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1023 | 1505 | | any aspect of the analysis and res ults of a sample are prohibited |
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1024 | 1506 | | from improperly influencing the testing process, imprope rly |
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1025 | 1507 | | manipulating data, or improperly benefiting from any ongoing |
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1058 | 1564 | | 1. The cleanliness and orderlin ess of a laboratory premises and |
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1059 | 1565 | | the location of the l aboratory in a secure location, and inspec tion, |
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1060 | 1566 | | cleaning and maintenance of any equipmen t or utensils used for the |
---|
1061 | 1567 | | analysis of test samples; |
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1062 | 1568 | | 2. Testing procedures, testing standards for cannabinoid and |
---|
1063 | 1569 | | terpenoid potency and safe levels of contaminants, an d remediation |
---|
1064 | 1570 | | procedures; |
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1065 | 1571 | | 3. Controlled access areas for storage of medical marijuana a nd |
---|
1066 | 1572 | | medical marijuana product test samples, waste and reference |
---|
1067 | 1573 | | standards; |
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1068 | 1574 | | 4. Records to be retained and computer systems to be utilized |
---|
1069 | 1575 | | by the laboratory; |
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1070 | 1576 | | 5. The possession, storage and use by the laboratory of |
---|
1071 | 1577 | | reagents, solutions and reference standards ; |
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1072 | 1578 | | 6. A certificate of analysis (COA) for each lot of reference |
---|
1073 | 1579 | | standard; |
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1074 | 1580 | | 7. The transport and disposal of unused marijuana, marijuana |
---|
1075 | 1581 | | products and waste; |
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1109 | 1639 | | disposal. The inventory tracking system reporting shall include the |
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1110 | 1640 | | results of any tests that are conducted on medical marijuana , |
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1111 | 1641 | | medical marijuana concentrate or, medical marijuana product or |
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1112 | 1642 | | medical marijuana waste ; |
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1113 | 1643 | | 9. Standards of performance; |
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1114 | 1644 | | 10. The employment of l aboratory personnel; |
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1115 | 1645 | | 11. A written standard operating procedure manual to be |
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1116 | 1646 | | maintained and updated by the labo ratory; |
---|
1117 | 1647 | | 12. The successful participation in a Department-approved |
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1118 | 1648 | | proficiency testing program for each testing category listed in this |
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1119 | 1649 | | section, in order to obtain and maintain certification; |
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1120 | 1650 | | 13. The establishment o f and adherence to a quality assurance |
---|
1121 | 1651 | | and quality control program to ensure suffi cient monitoring of |
---|
1122 | 1652 | | laboratory processes and quality of results reported; |
---|
1123 | 1653 | | 14. The establishment by th e laboratory of a system to document |
---|
1124 | 1654 | | the complete chain of custody for s amples from receipt through |
---|
1125 | 1655 | | disposal; |
---|
1160 | 1714 | | O. A medical marijuana testing laboratory shall promptly |
---|
1161 | 1715 | | provide the Department or designee of the Departme nt access to a |
---|
1162 | 1716 | | report of a test and any underlying data that is conduc ted on a |
---|
1163 | 1717 | | sample at the request of a medical marijuana business or qualified |
---|
1164 | 1718 | | patient. A medical marijuana testing laboratory shall also provid e |
---|
1165 | 1719 | | access to the Department or designee of th e Department to laboratory |
---|
1166 | 1720 | | premises and to any material or information requested by the |
---|
1167 | 1721 | | Department to determine compliance with the requirements of this |
---|
1168 | 1722 | | section. |
---|
1169 | 1723 | | P. A medical marijuana testing laboratory shall r etain all |
---|
1170 | 1724 | | results of laboratory tests conduc ted on medical marijuana or, |
---|
1171 | 1725 | | medical marijuana products or medical marijuana waste for a period |
---|
1172 | 1726 | | of at least two (2) years an d shall make them available to the |
---|
1173 | 1727 | | Department upon request. |
---|
1174 | 1728 | | Q. A medical marijuana testing laboratory shall test samples |
---|
1175 | 1729 | | from each harvest batch or product, production batch, as |
---|
1176 | 1730 | | appropriate, or waste batch of medical marijuana, medical marijuana |
---|
1211 | 1789 | | 5. Tetrahydrocannabinol (THC) and other cannabinoid potency; |
---|
1212 | 1790 | | 6. Terpenoid potency; and |
---|
1213 | 1791 | | 7. Heavy metals. |
---|
1214 | 1792 | | R. A test batch sha ll not exceed ten (10) pounds of usable |
---|
1215 | 1793 | | medical marijuana or, medical marijuana product , as appropriate or |
---|
1216 | 1794 | | medical marijuana waste. A grower shall separate each harvest lot |
---|
1217 | 1795 | | of usable marijuana into harvest batches containing no more than ten |
---|
1218 | 1796 | | (10) pounds. A processor shall sepa rate each medical marijuana |
---|
1219 | 1797 | | production lot into production batches containing no m ore than ten |
---|
1220 | 1798 | | (10) pounds. A grower or processor shall separate each medical |
---|
1221 | 1799 | | marijuana waste lot into waste batches containing no more than ten |
---|
1222 | 1800 | | (10) pounds. |
---|
1223 | 1801 | | S. Medical marijuana testing laboratory licensure shall be |
---|
1224 | 1802 | | contingent upon successful on -site inspection, successful |
---|
1225 | 1803 | | participation in proficiency testing and on going compliance with the |
---|
1226 | 1804 | | applicable requirements in this section. |
---|
1227 | | - | T. A medical marijua na testing laboratory sh all be inspected |
---|
1228 | | - | prior to initial licens ure and annually thereafter by an inspecto r |
---|
1229 | | - | approved by the Authority. |
---|
1230 | | - | U. Beginning on a date determined by the Commissioner, not |
---|
1231 | | - | later than January 1, 2020, medical marijuana testing laborat ory |
---|
1232 | | - | licensure shall be c ontingent upon accreditation by the NELA C |
---|
1233 | | - | Institute (TNI), ANSI/ASQ National Accre ditation Board or another |
---|
| 1856 | + | T. A medical marijua na testing laboratory sh all be inspected |
---|
| 1857 | + | prior to initial licens ure and annually thereafter by an inspecto r |
---|
| 1858 | + | approved by the Authority. |
---|
| 1859 | + | U. Beginning on a date determine d by the Commissioner, not |
---|
| 1860 | + | later than January 1, 2020, medical marijuana testing laborat ory |
---|
| 1861 | + | licensure shall be c ontingent upon accreditation by the NELA C |
---|
| 1862 | + | Institute (TNI), ANSI/ASQ National Accre ditation Board or another |
---|
1261 | 1863 | | accrediting body approved by the Com missioner, and any applicable |
---|
1262 | 1864 | | standards as determined by the Department. |
---|
1263 | 1865 | | V. 1. A commercial grower shall not t ransfer or sell medical |
---|
1264 | 1866 | | marijuana and a processor shall not transfer, sell or proc ess into a |
---|
1265 | 1867 | | concentrate or product any medical marijuana, medical m arijuana |
---|
1266 | 1868 | | concentrate or medical marijuana product unless samples from each |
---|
1267 | 1869 | | harvest batch or production batch from which that medical marijuana , |
---|
1268 | 1870 | | medical marijuana concentrate or medical marij uana product was |
---|
1269 | 1871 | | derived has have been tested by a medical marijuana te sting facility |
---|
1270 | 1872 | | for contaminants and passed all contaminant tests required by this |
---|
1271 | 1873 | | act the Oklahoma Medical Marijuana and Patient Protection Act . |
---|
1272 | 1874 | | 2. A processor shall not transfer, sell or proce ss into a |
---|
1273 | 1875 | | concentrate or product any medical mari juana, medical marijua na |
---|
1274 | 1876 | | concentrate or medical marijuana product unless samples from each |
---|
1275 | 1877 | | production batch from which that medical marijuana, medical |
---|
1276 | 1878 | | marijuana concentrate or medical marijuana product was derived have |
---|