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ENGROSSED SENATE
BILL NO. 439 By: Garvin of the Senate
and
Marti of the House
An Act relating to medical marijuana; ame nding 63
O.S. 2021, Section 420, as amended b y Section 1,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
420), which relates to medical marijuana patient
license; prohibiting colocation of recommending
physicians for minor patient; requiring certain
attestation; clarifying certain requirement;
directing promulgation of certain rules; requiring
qualifying medical conditions for recommendations;
requiring in-person physical examination; providing
exception; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 420, as
amended by Section 1, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 420), is amended to read as follows:
Section 420. A. A person in possession of a state-issued
medical marijuana patient license shall be able to:
1. Consume marijuana legally;
2. Legally possess up to th ree (3) ounces or eighty-four and
nine-tenths (84.9) grams of marijuana on their person;
3. Legally possess six mature marijuana plants and the
harvested marijuana therefrom;
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4. Legally possess six seedling plants;
5. Legally possess one (1) ounce or tw enty-eight and three-
tenths (28.3) grams of concentrated marijuana;
6. Legally possess seve nty-two (72) ounces or two thousand
thirty-seven and six-tenths (2,037.6) grams of edible marijuana;
7. Legally possess up to eight (8) ounces or two hundred
twenty-six and four-tenths (226.4) grams of marijuana in their
residence; and
8. Legally possess seventy-two (72) ounces of topical
marijuana.
B. Possession of up to one and one-half (1.5) ounces or forty-
two and forty-five one-hundredths (42.45) grams of ma rijuana by
persons who can state a medical condition, but are not in possession
of a state-issued medical marijuana patient license, shall
constitute a misdemeanor offense not subject to imprisonment but
punishable by a fine not to exceed Four Hundred Doll ars ($400.00).
Any law enforcement officer who comes in contact with a person in
violation of this subsection and who is satisfied as to the identity
of the person, as well as any other pertinent information the law
enforcement officer deems necessary, sh all issue to the person a
written citation containing a notice to answer the charge against
the person in the appropriate court. Upon receiving the written
promise of the alleged violator to answer as specified in the
citation, the law enforcement officer shall release the person upon
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personal recognizance unless there has been a violation of ano ther
provision of law.
C. The Oklahoma Medical Marijuana Authority shall be
established which shall receive applications for medical marijuana
patient and caregiver license recipients, dispensaries, growers and
processors within sixty (60) days of the pas sage of this initiative.
D. The Authority shall, within thirty (30) days of passage of
this initiative, make available on its website, in an easy-to-find
location, an application for a medical marijuana patient license.
The license shall be valid for two (2) years. The biannual
application fee shall be One Hundred Dollars ($100.00), or Twenty
Dollars ($20.00) for individuals on Medicaid, Medicare or
SoonerCare. The methods of payment shall be provided on the website
of the Authority. Reprints of the medical marijuana patient license
shall be Twenty Dollars ($20.00).
E. A short-term medical marijuana patient license application
shall also be made available on th e website of the Authority. A
short-term medical marijuana patient license shall be granted to any
applicant who can meet the require ments for a two-year medical
marijuana patient license, but whose physician recommendation for
medical marijuana is only valid for sixty (60) days. Short-term
medical marijuana patient licenses shall be iss ued for sixty (60)
days. The fee for a short-term medical marijuana patient license,
reprints of the short-term medical marijuana patient license and the
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procedure for extending or renewing the license shall be determined
by the Executive Director of the Authority.
F. A temporary medical marijuana patient license application
shall also be available on the website of the Authority for
residents of other states. Tempor ary medical marijuana patient
licenses shall be gra nted to medical marijuana license holders from
other states, provided that such states have state-regulated medical
marijuana programs and app licants can prove they are members of such
programs. Temporary medical marijuana patient licenses shall be
issued for thirty (30) days. The cost for a tempora ry medical
marijuana patient license shall be One Hundred Dollars ($100.00).
Renewal shall be granted with resubmission of a new application. No
additional criteria shall be required. Reprints of the tempora ry
medical marijuana patient license shall be Twenty Dollars ($20.00).
G. Medical marijuana patient license applicants shall submit
their applications to the Authority for approval. The applicant
shall be a resident of this state and shall prove residency by a
valid driver license, utility b ills, or other accepted methods.
H. The Authority shall review the medical marijuana patient
license application; approve, reject or deny the application; and
mail the approval, rejection or denial letter stating any reasons
for the rejection or denial to the applicant within fourteen (14)
business days of receipt of the application. Approved applicants
shall be issued a medical marijuana patient license which shall act
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as proof of his or her approved status. Applications may only be
rejected or denied based on the applicant not meeting stated
criteria or improper completion of the application.
I. The Authority shall make available, both on its website and
through a telephone verification system, an easy method to validate
the authenticity of the medical marijuana patient license by the
unique 24-character identification number.
J. The Authority shall ensure that all medical marijuana
patient and caregiver records and information are sealed to protect
the privacy of medical marijuana patient license applicants.
K. A caregiver license shall be made available for qualified
caregivers of a medical marijua na patient license holder who is
homebound. As provided in Section 427.11 of this title, the
caregiver license shall provide the caregiver the same rights as the
medical marijuana patient licensee including the ability to possess
marijuana, marijuana prod ucts and mature and immature plants
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act, but excluding the ability to use marijuana or marijuana
products unless the caregiver has a medical marijuana patient
license. Applicants for a care giver license shall submit proof of
the license status and homebound status of the medical marijuana
patient and proof that the applicant is the designee of the medical
marijuana patient. The applicant shall also submit proof that he or
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she is eighteen (18) years of age or older and proof of his or her
state residency.
L. All applicants for a medical marijuana patient license shall
be eighteen (18) years of age or older. A special exception shall
be granted to an applicant under the age of eight een (18); however,
these applications shall be signed by two physicians and the parent
or legal guardian of the applicant. The two physicians shall not be
located at the same physical address . At least one of the
physicians shall attest that the minor applicant has been under the
routine care of the physician for not less than one (1) year, or not
less than five (5) years if the minor patient has only been seen by
the physician through telemedicine, or that the minor applicant was
referred to the physician by a physician whose care the minor
applicant has been under for not less than one (1) year or not less
than five (5) years if the minor patient has only been seen by the
physician through telemedicine.
M. All applications for a medical marijuana patient license
shall be signed by an Oklahoma a physician located in this state and
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners,
or the Board of Podiatric Medical Examiners. There are no
qualifying conditions for patients eighteen (18) years of age or
older. The Executive Director shall promulgate rules to specify
qualifying medical conditions for a medical marijuana patient under
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eighteen (18) years of age for licensure. A medical marijuana
patient license shall be recommended according to the accepted
standards a reasonable and p rudent physician would follow when
recommending or approving any medication, and may only be
recommended for qualifying medical conditions approved by the
Executive Director. Before issuing a medical marijuana
recommendation to a minor patient, a physician shall first conduct
an in-person examination of the patient. Unless the physician
certifies that the patient is homebound and in need of a caregiver
under subsection K of this section. No physician may be unduly
stigmatized or harassed for signing a medical marijuana patient
license application.
N. Counties and cities may enact medical marijuana guidelines
allowing medical marijuana patient license holders or caregiver
license holders to exceed the state limits set forth in subsection A
of this section.
SECTION 2. This act shall become effective January 1, 2025.
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Passed the Senate the 23rd day of March, 2023.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2023.
Presiding Officer of the House
of Representatives