SENATE FLOOR VERSION - HB1349 SFLR Page 1
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SENATE FLOOR VERSION
April 3, 2023
AS AMENDED
ENGROSSED HOUSE
BILL NO. 1349 By: Fetgatter of the House
and
Garvin of the Senate
[ medical marijuana - Oklahoma Medical Marijuana
Authority Board - Oklahoma Medical Marijuana
Authority - Oklahoma Open Meeting Act - Oklahoma Open
Records Act - Administrative Procedures Act –
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.26 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the Oklahoma Medical Marijuana
Authority Board.
B. The Oklahoma Medical Marijuana Author ity Board shall consist
of the following members and all appointee s shall serve their terms
at the pleasure of the appointing authority and may be removed or
replaced without cause:
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1. One member appointed by the Governor who shall be a chief of
police of a municipality with a population over one hundred thousand
(100,000), as determined by the latest Federal Decennial Census;
2. One member appointed by the Governor who shall be a sheriff
of a county with a population under twenty -five thousand (25,000),
as determined by the latest Federal Decennial Census;
3. One member who is a district attorney appointed by the
Governor selected from a list submitted by the District Attorneys
Council;
4. One member who is a licensed physician appointed by the
Governor selected from a list submitted by the State Board of
Medical Licensure and Supervision;
5. One member who is a licensed medical marijuana commercial
grower appointed by the Governor selected from a list submitted by
the Oklahoma Medical Marijuana Authority;
6. One member who is a licensed medical marijuana processor
appointed by the Speaker of the Oklahoma House of Representatives
selected from a list submitted by the Oklahoma Medica l Marijuana
Authority;
7. One member who is a licensed medical marijuan a dispensary
owner appointed by the Speaker of the Oklahoma House of
Representatives selected from a list submitted by the Oklahoma
Medical Marijuana Authority ;
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8. One member who is a licensed medical marijuana transporter
appointed by the President Pro T empore of the Oklahoma State Senate
selected from a list submitted by the Oklahoma Medical Marijuana
Authority; and
9. One member who is a licensed medical marijuana testing
laboratory owner appointed by the President Pro Tempore of the
Oklahoma State Senate selected from a list submitted by the Oklahoma
Medical Marijuana Authority.
C. Each member of the Oklahoma Medical Marijuana A uthority
Board shall serve a term of four (4) years from the date of
appointment. Members of the Board shall not serve more than two
consecutive terms. The Executive Director of the Oklahoma Medical
Marijuana Authority shall be an ex officio member of th e Board, but
shall be entitled to vote only in case of a tie vote.
D. A chair and vice -chair shall be elected annually from the
membership of the Oklahoma Medical Marijuana Aut hority Board. A
majority of the members of the Board shall constitute a quor um for
the transaction of business and for taking any official action.
Official action of the Board must have a favorable vote by a
majority of the members present.
E. Appointed members who serve on the Board shall be exempt
from dual-office-holding prohibitions pursuant to Section 6 of Title
51 of the Oklahoma Statutes.
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F. The Oklahoma Medical Marijuana Authority Board shall be the
rulemaking body for the Oklahoma Medical Mariju ana Authority and
shall have the power and duty to:
1. Establish the policie s of the Oklahoma Medical Marijuana
Authority; and
2. Adopt and promulgate rules as necessary and appropriate to
carry out the duties and responsibilities of the Oklahoma Medical
Marijuana Authority.
G. Members appointed pursuant to subsection B of thi s section
shall serve without compensation but shall be reimbursed for
expenses incurred in the performance of their duties in ac cordance
with the State Travel Reimbursement Act.
H. The Oklahoma Medical Marijuana Authority Board shall meet as
often as necessary to conduct business but shall meet not less than
four times a year, with an organizational meeting to be held prior
to January 1, 2024. In addition, special meetings may b e called by
the Executive Director of the Oklahoma Medical Marijuana Authori ty.
I. Any vacancy occurring on the Oklahoma Medical Marijuana
Authority Board shall be filled for the unexpired term of office i n
the same manner as provided for in subsection B of this section.
J. The Oklahoma Medical Marijuana Authority shall provid e
clerical staff to perform designated duties of the Oklahoma Medical
Marijuana Authority Board. The Oklahoma Medical Marijuana Aut hority
shall also provide space for meetings of the Board.
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K. The Oklahoma Medical Marijuana Authority Board shall act in
accordance with the provisions of the Oklahoma Open Meeting Act, the
Oklahoma Open Records Act and the Administrative Procedures Act.
SECTION 2. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
April 3, 2023 - DO PASS AS AMENDED