Compare Versions - OK SB439 : Oklahoma 2023 Regular Session

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3		-	~~ENGR. S. B~~. NO. ~~439~~ Page 1 1
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28		-	ENGROSSED SENATE
29		-	BILL NO. 439 By: Garvin of the Senate
	28	+	STATE OF OKLAHOMA
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31		-	~~and~~
	30	+	1st Session of the 59th Legislature (2023)
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33		-	Marti of the House
	32	+	COMMITTEE SUBSTITUTE
	33	+	FOR
	34	+	SENATE BILL 439 By: Garvin
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	38	+
	39	+
	40	+	COMMITTEE SUBSTITUTE
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38	42		An Act relating to medical marijuana; ame nding 63
39	43		O.S. 2021, Section 420, as amended b y Section 1,
40	44		Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
41	45		420), which relates to medical marijuana patient
42	46		license; prohibiting colocation of recommending
43	47		physicians for minor patient; requiring certain
44	48		attestation; clarifying certain requirement;
45	49		directing promulgation of certain rules; requiring
46	50		qualifying medical conditions for recommendations;
47	51		requiring in-person physical examination; providing
48	52		exception; and providing an effective date.
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54	58		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
55	59		SECTION 1. AMENDATORY 63 O.S. 2021, Section 420, as
56	60		amended by Section 1, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
57	61		Section 420), is amended to read as follows:
58	62		Section 420. A. A person in possession of a state-issued
59	63		medical marijuana patient license shall be able to:
60	64		1. Consume marijuana legally;
61	65		2. Legally possess up to th ree (3) ounces or eighty-four and
62	66		nine-tenths (84.9) grams of marijuana on their person;
63		-	3. Legally possess six mature marijuana plants and the
64		-	harvested marijuana therefrom;
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66		-	~~ENGR. S. B~~. NO. ~~439~~ Page 2 1
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	93	+	3. Legally possess six mature marijuana plants and the
	94	+	harvested marijuana therefrom;
91	95		4. Legally possess six seedling plants;
92	96		5. Legally possess one (1) ounce or tw enty-eight and three-
93	97		tenths (28.3) grams of concentrated marijuana;
94	98		6. Legally possess seve nty-two (72) ounces or two thousand
95	99		thirty-seven and six-tenths (2,037.6) grams of edible marijuana;
96	100		7. Legally possess up to eight (8) ounces or two hundred
97	101		twenty-six and four-tenths (226.4) grams of marijuana in their
98	102		residence; and
99	103		8. Legally possess seventy-two (72) ounces of topical
100	104		marijuana.
101	105		B. Possession of up to one and one-half (1.5) ounces or forty-
102	106		two and forty-five one-hundredths (42.45) grams of ma rijuana by
103	107		persons who can state a medical condition, but are not in possession
104	108		of a state-issued medical marijuana patient license, shall
105	109		constitute a misdemeanor offense not subject to imprisonment but
106	110		punishable by a fine not to exceed Four Hundred Doll ars ($400.00).
107	111		Any law enforcement officer who comes in contact with a person in
108	112		violation of this subsection and who is satisfied as to the identity
109	113		of the person, as well as any other pertinent information the law
110	114		enforcement officer deems necessary, sh all issue to the person a
111	115		written citation containing a notice to answer the charge against
112	116		the person in the appropriate court. Upon receiving the written
113		-	promise of the alleged violator to answer as specified in the
114		-	citation, the law enforcement officer shall release the person upon
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116		-	~~ENGR. S. B~~. NO. ~~439~~ Page 3 1
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	143	+	promise of the alleged violator to answer as specified in the
	144	+	citation, the law enforcement officer shall release the person upon
141	145		personal recognizance unless there has been a violation of ano ther
142	146		provision of law.
143	147		C. The Oklahoma Medical Marijuana Authority shall be
144	148		established which shall receive applications for medical marijuana
145	149		patient and caregiver license recipients, dispensaries, growers and
146	150		processors within sixty (60) days of the pas sage of this initiative.
147	151		D. The Authority shall, within thirty (30) days of passage of
148	152		this initiative, make available on its website, in an easy-to-find
149	153		location, an application for a medical marijuana patient license.
150	154		The license shall be valid for two (2) years. The biannual
151	155		application fee shall be One Hundred Dollars ($100.00), or Twenty
152	156		Dollars ($20.00) for individuals on Medicaid, Medicare or
153	157		SoonerCare. The methods of payment shall be provided on the website
154	158		of the Authority. Reprints of the medical marijuana patient license
155	159		shall be Twenty Dollars ($20.00).
156	160		E. A short-term medical marijuana patient license application
157	161		shall also be made available on th e website of the Authority. A
158	162		short-term medical marijuana patient license shall be granted to any
159	163		applicant who can meet the require ments for a two-year medical
160	164		marijuana patient license, but whose physician recommendation for
161	165		medical marijuana is only valid for sixty (60) days. Short-term
162	166		medical marijuana patient licenses shall be iss ued for sixty (60)
163		-	days. The fee for a short-term medical marijuana patient license,
164		-	reprints of the short-term medical marijuana patient license and the
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166		-	~~ENGR. S. B~~. NO. ~~439~~ Page 4 1
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	193	+	days. The fee for a short-term medical marijuana patient license,
	194	+	reprints of the short-term medical marijuana patient licen se and the
191	195		procedure for extending or renewing the license shall be determined
192	196		by the Executive Director of the Authority.
193	197		F. A temporary medical marijuana patient license application
194	198		shall also be available on the website of the Authority for
195	199		residents of other states. Tempor ary medical marijuana patient
196	200		licenses shall be gra nted to medical marijuana license holders from
197	201		other states, provided that such states have state-regulated medical
198	202		marijuana programs and app licants can prove they are members of such
199	203		programs. Temporary medical marijuana patient licenses shall be
200	204		issued for thirty (30) days. The cost for a tempora ry medical
201	205		marijuana patient license shall be One Hundred Dollars ($100.00).
202	206		Renewal shall be granted with resubmission of a new application. No
203	207		additional criteria shall be required. Reprints of the tempora ry
204	208		medical marijuana patient license shall be Twenty Dollars ($20.00).
205	209		G. Medical marijuana patient license applicants shall submit
206	210		their applications to the Authority for approval. The applicant
207	211		shall be a resident of this state and shall prove residency by a
208	212		valid driver license, utility b ills, or other accepted methods.
209	213		H. The Authority shall review the medical marijuana patient
210	214		license application; approve, reject or deny the application; and
211	215		mail the approval, rejection or denial letter stating any reasons
212	216		for the rejection or denial to the applicant within fourteen (14)
213		-	business days of receipt of the application. Approved applicants
214		-	shall be issued a medical marijuana patient license which shall act
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216		-	~~ENGR. S. B~~. NO. ~~439~~ Page 5 1
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	243	+	business days of receipt of the application. Approved applicants
	244	+	shall be issued a medical marijuana patient license w hich shall act
241	245		as proof of his or her approved status. Applications may only be
242	246		rejected or denied based on the applicant not meeting stated
243	247		criteria or improper completion of the application.
244	248		I. The Authority shall make available, both on its website and
245	249		through a telephone verification system, an easy method to validate
246	250		the authenticity of the medical marijuana patient license by the
247	251		unique 24-character identification number.
248	252		J. The Authority shall ensure that all medical marijuana
249	253		patient and caregiver records and information are sealed to protect
250	254		the privacy of medical marijuana patient license applicants.
251	255		K. A caregiver license shall be made available for qualified
252	256		caregivers of a medical marijua na patient license holder who is
253	257		homebound. As provided in Section 427.11 of this title, the
254	258		caregiver license shall provide the caregiver the same rights as the
255	259		medical marijuana patient licensee including the ability to possess
256	260		marijuana, marijuana prod ucts and mature and immature plants
257	261		pursuant to the Oklahoma Medical Marijuana and Patient Protection
258	262		Act, but excluding the ability to use marijuana or marijuana
259	263		products unless the caregiver has a medical marijuana patient
260	264		license. Applicants for a care giver license shall submit proof of
261	265		the license status and homebound status of the medical marijuana
262	266		patient and proof that the applicant is the designee of the medical
263		-	marijuana patient. The applicant shall also submit proof that he or
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	293	+	marijuana patient. The applicant shall also submit proof that he or
290	294		she is eighteen (18) years of age or older and proof of his or h er
291	295		state residency.
292	296		L. All applicants for a medical marijuana patient license shall
293	297		be eighteen (18) years of age or older. A special exception shall
294	298		be granted to an applicant under the age of eighteen (18); however,
295	299		these applications shall b e signed by two physicians and the parent
296	300		or legal guardian of the applicant. The two physicians shall not be
297	301		located at the same physical address . At least one of the
298	302		physicians shall attest that the minor applicant has been under the
299	303		routine care of the physician for not less than one (1) year, or not
300	304		less than five (5) years if the minor patient has only been seen by
301	305		the physician through telemedicine, or that the minor applicant was
302	306		referred to the physician by a physician whose care the min or
303	307		applicant has been under for not less than one (1) year or not less
304	308		than five (5) years if the minor patient has only been seen by the
305	309		physician through telemedicine.
306	310		M. All applications for a medical marijuana patient license
307	311		shall be signed by an Oklahoma a physician located in this state and
308	312		licensed by and in good standing with the State Board of Medical
309	313		Licensure and Supervision, the State Board of Osteopathic Examiners,
310	314		or the Board of Podiatric Medical Examiners. There are no
311	315		qualifying conditions for patients eighteen (18) years o f age or
312	316		older. The Executive Director shall promulgate rules to specify
313		-	qualifying medical conditions for a medical marijuana patient under
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315		-	~~ENGR. S. B~~. NO. ~~439~~ Page 7 1
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	343	+	qualifying medical conditions for a medical marijuana patient under
340	344		eighteen (18) years of age for licensure. A medical marijuana
341	345		patient license shall be recommended according to the accepted
342	346		standards a reasonable and p rudent physician would follow when
343	347		recommending or approving any medication, and may only be
344	348		recommended for qualifying medical conditions approved by the
345	349		Executive Director. Before issuing a medical marijuana
346	350		recommendation to a minor patient, a physician shall first conduct
347	351		an in-person examination of the patient. Unless the physician
348	352		certifies that the patient is homebound and in need of a caregiver
349	353		under subsection K of this section. No physician may be u nduly
350	354		stigmatized or harassed for signing a medical marijuana patient
351	355		license application.
352	356		N. Counties and cities may enact medical marijuana guidelines
353	357		allowing medical marijuana patient license holders or caregiver
354	358		license holders to exceed the state li mits set forth in subsection A
355	359		of this section.
356	360		SECTION 2. This act shall become effective January 1, 2025.
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383		-	Passed the Senate the 23rd day of March, 2023.
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387		-	Presiding Officer of the Senate
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390		-	Passed the House of Representatives the ____ day of __________,
391		-	2023.
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395		-	Presiding Officer of the House
396		-	of Representatives
397		-
	362	+	59-1-1790 MR 2/9/2023 10:36:41 AM

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she is eighteen (18) years of age or older and proof of his or h er

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state residency.

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L. All applicants for a medical marijuana patient license shall

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be eighteen (18) years of age or older. A special exception shall

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be granted to an applicant under the age of eighteen (18); however,

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these applications shall b e signed by two physicians and the parent

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or legal guardian of the applicant. The two physicians shall not be

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located at the same physical address . At least one of the

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physicians shall attest that the minor applicant has been under the

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routine care of the physician for not less than one (1) year, or not

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less than five (5) years if the minor patient has only been seen by

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the physician through telemedicine, or that the minor applicant was

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referred to the physician by a physician whose care the min or

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applicant has been under for not less than one (1) year or not less

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than five (5) years if the minor patient has only been seen by the

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physician through telemedicine.

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M. All applications for a medical marijuana patient license

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shall be signed by an Oklahoma a physician located in this state and

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licensed by and in good standing with the State Board of Medical

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Licensure and Supervision, the State Board of Osteopathic Examiners,

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or the Board of Podiatric Medical Examiners. There are no

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qualifying conditions for patients eighteen (18) years o f age or

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older. The Executive Director shall promulgate rules to specify

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB439 Compare Versions