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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 440 By: Garvin
AS INTRODUCED
An Act relating to medical marijuana; directing
promulgation of rules to impose limits on
tetrahydrocannabinol (THC) potency of medical
marijuana and medical marijuana products ; setting
certain limits on potency; prohibiting licensed
medical marijuana dispensary from selling medical
marijuana or medical marijuana product that exceeds
potency limits; providing for codificati on; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.18a of Title 63, unless
there is created a duplica tion in numbering, reads as follows:
A. The Executive Director of the Oklahoma Medi cal Marijuana
Authority shall promulgate rules to li mit the tetrahydrocannabinol
(THC) potency of medical marijuana and medical marijuana products
sold in medical marijuana dispensaries. The limits imposed by such
rules shall be at the discretion of the Executive Director, provided
that the limits do not exceed:
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1. Thirty percent (30%) delta-9 tetrahydrocannabinol potency
for medical marijuana and sixty percent (60%) delta-9
tetrahydrocannabinol potency for medical marijuan a products;
2. Two percent (2%) delta-8 tetrahydrocannabinol potency for
medical marijuana and medical marijuana products; and
3. Zero percent (0%) potency of delta-10 tetrahydrocannabinol
and all other isomers, precursors, and other variations of
tetrahydrocannabinol for medical marijuana and medical marijuana
products.
B. A licensed medical marijuan a dispensary shall not sell any
medical marijuana or medical marijuana product that exceeds the THC
potency limits imposed under this section.
SECTION 2. This act shall become effective January 1, 202 5.
59-1-350 DC 1/17/2023 9:30:05 AM