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ENGROSSED SENATE
BILL NO. 635 By: Paxton of the Senate
and
Dobrinski of the House
An Act relating to Oklahoma Industrial Hemp Program;
amending 2 O.S. 2021, Section 3-402, as amended by
Section 1, Chapter 265, O.S.L. 2022 (2 O.S. Supp.
2022, Section 3-402), which relates to definition s;
defining term; requiring registration of hem p-derived
cannabinoid product with th e State Board of
Agriculture; establishing conditions for registration
by applicant to the Board; providing for promulgatio n
of rules by Board for registration; establishing
requirements for labeling and packaging necessary to
sell hemp-derived cannabinoid products in the state;
allowing for hemp-derived cannabinoids to be added to
products under certain conditions; prohibiting
distribution of products if misbranded or
adulterated; allowing the Board to issue and enforce
stop sale, stop use, or r emoval or products under
certain conditions; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 3 -402, as
amended by Section 1, Chapter 265, O .S.L. 2022 (2 O.S. Supp. 2022,
Section 3-402), is amended to read as follows:
Section 3-402. As used in the Oklahoma Industrial Hemp Program:
1. “Department” means the Oklahoma Department of Agriculture,
Food, and Forestry;
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2. “Fiber” means the stalk of the industrial hemp plant and
does not include the flower or seeds of the plant;
3. “Flower” means the part of the industrial hemp plant that
contains the majority of the industrial hemp plant’s
tetrahydrocannabinol and other cann abinoids;
4. “Grain” means all of the parts of an industrial hemp plant
except the stalk or the flower of the industrial hemp plant;
5. “Handling” means possessing or storing industrial hemp for
any period of time on premises owned, operated or controlled by a
person licensed to cultivat e or process industrial hemp and also
includes possessing or storing industrial hemp in a vehicle for any
period of time other than during its actual transport from the
premises of a licensed person to cultivate or process industrial
hemp to the premises o f another licensed person;
6. “Hemp-derived cannabinoid product” means a product that
contains cannabinoids that are extracted from hemp or resin from
hemp by physical or chemical means and is intended for
administration to a consumer including, but not limited to,
concentrates, oils, tinctures, edibles, pills, topicals, gels,
creams, and other derivative forms. The term shall also mean
products available for animal or human consumption, which may be in
the form of inhalation into the respiratory system and ingestion in
the gastrointestinal system, or tissue absorption. The term shall
not include seeds or seed-derived ingredients that are generally
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recognized as safe by the United State s Food and Drug
Administration;
7. “Industrial hemp” means the plant Cannabis sativa L. and any
part of the plant, including the seeds thereof, and all derivatives,
extracts, cannabinoids, isomers, acids, salts and salts of isomers,
whether growing or not, with a delta -9 tetrahydrocannabinol
concentration of not mor e than three-tenths of one percent (0.3%) on
a dry-weight basis;
7. 8. “Licensee” means a person who holds a valid Industrial
Hemp License to grow industrial hemp under the Oklahoma Industrial
Hemp Program. A licensee shall have the ability to remediate
noncompliant industrial hemp with a delta-9 tetrahydrocannabinol
concentration of not more than one percent (1.0%) on a dry-weight
basis for retesting as set forth by the Department as long as the
noncompliant industrial hemp has a delta-9 tetrahydrocannabinol
concentration of not more than three-tenths of one percent (0.3%) on
a dry-weight basis after retesting, and the option to remediate the
industrial hemp through the reasonable destruction of the flower or
shredding of the entire lot into a homogeneous biomass results in
the remediation of any part of the industrial hemp plant that is
above three-tenths of one percent (0.3%) on a dry-weight basis. All
noncompliant hemp must be tracked and documented . The State Board
of Agriculture shall have jurisdiction over such remediation, which
includes, but is not limited to, destruction through composting,
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burning, or other regulated disposal methods if the industrial hemp
is not remediated into a final product bef ore processing below
three-tenths of one percent (0.3%) on a dry-weight basis;
8. 9. “License” means authorization by the Department for any
person to grow and cultivate industrial hemp on a registered land
area as part of the Oklahoma Industrial Hemp Pro gram; and
9. 10. “Processing” means converting industrial hemp into a
marketable form, including the production of all derivatives,
extracts, cannabinoids, isomers, acids, salts and salts of isomers.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-412 of Title 2, unless there
is created a duplication in numbering, re ads as follows:
A. Each hemp-derived cannabinoid product shall be registered
with the State Board of Agricultu re prior to distribution in this
state by the manufacturer. The application shall be submitted to
the State Department of Agriculture on a registration form provided
by the Board.
B. All registration shall expire on December 31 of the year for
which the hemp-derived cannabinoid product is reg istered.
C. The applicant shall submit with the application for
registration a copy of the label and, upon request of the
Department, a copy of all advertisements, brochures, posters, and
television and radio announcements to be used in promoting the sale
of the hemp-derived cannabinoid product.
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D. If the Board discovers any hemp-derived cannabinoid product
that is not registered, for which the registration was falsely
submitted, or for which the registration was late, the Board may
assess an administrative penalty. The penalty shall be assessed per
offending product.
E. The State Board of Agriculture may promulgate rules
containing the requirements for regist ration, registration fees,
label requirements, and an y other rules necessary for the
implementation of this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-413 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. Each container of hemp -derived cannabinoid product shall be
labeled on the face or display side in a readable and conspicuous
form to show at a minimum the following information:
1. The net weight of the contents;
2. The name of the product;
3. The total amount of milligrams of hemp-derived cannabinoid
in the entire package;
4. Milligrams per servin g of cannabidiol (CBD),
tetrahydrocannabinol (THC), or any other marketed cannabinoid, if
applicable;
5. A list of all ingredients;
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6. A statement that the product is not approved for any medi cal
use by the United States Food and Drug Administration;
7. The lot or batch number;
8. The expiration or best-by date;
9. Adequate directions for use;
10. A web address, QR code, or other scannable barcode
accessing the laboratory te sting reports;
11. The country or state of origin where hemp is sourced;
12. Servings per package;
13. Means for reporting adve rse events;
14. The name, address, and telephone number of the registrant;
and
15. Warnings regarding children , pets, and pregnancy.
B. The applicant shall su bmit a current label with a working
barcode for the certificate of analysis for the hemp-derived
cannabinoid products with the application.
C. A hemp-derived cannabinoid product shall not imitate any
packaging used for products typically marketed to childre n.
D. All packaging shall be chil d-resistant.
E. Packaging that contains more than one (1) serving shall be
resealable.
F. If the Board approved the guaranteed analysis and listing of
a hemp-derived cannabinoid product, the product shall be subject to
inspection and analysis.
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G. The Board may prescribe methods and procedures of inspecti on
and analysis of hemp-derived cannabinoid products. The Board may
stipulate, by rule, the quantities that are allowed in a hemp-
derived cannabinoid product.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-414 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. A hemp-derived cannabinoid may be added to an ingestible
product during the manufacturing process or prior to retail sale at
a food service establishment.
B. The hemp-derived cannabinoid shall be obtain ed from product
grown under the United States Department of Agricultur e (USDA) hemp
licensing program.
C. The food processor or food service esta blishment shall
obtain a valid certificate of analysis from the licensed USDA hemp
grower or processor and provide a copy upon request or inspection.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-415 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. No person shall distribute misbranded hem p-derived
cannabinoid product. A hemp-derived cannabinoid product shall be
considered misbranded if:
1. The labeling is false or misleading;
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2. The product is distributed under the name of another hemp-
derived cannabinoid product; or
3. The product is not lab eled in compliance with the rules of
the State Board of Agricultur e.
B. No person shall distribute an adulterated hemp-derived
cannabinoid product. A hemp-derived cannabinoid product shall be
considered adulterated if:
1. The product contains any deleterious or harmful substance in
sufficient amounts to render the product injurious to beneficial
plant life, animals, humans, aquatic life, soil, or water when
applied in accordance with directions for use on the label;
2. Adequate warning statements or directions for use , which may
be necessary to protect plant life, animals, humans, aquatic life,
soil, or water, are not shown upon the label; or
3. The product’s composition falls below or differs from that
which the product is purported to possess by labeling.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-416 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. The State Board of Agriculture may issue and enforce a st op
sale, stop use, or removal order to the owner or custo dian of any
lot of hemp-derived cannabinoid product. The owner or custodian
shall hold the lot of hemp-derived cannabinoid product until the
time when the product or labeling complies with this act.
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B. It shall be a violation of thi s act for any person to:
1. Distribute a hemp-derived cannabinoid product that is not
registered with the State Board of Agriculture;
2. Distribute a hemp-derived cannabinoid product that is not
labeled in accordance with the requirements of the Board;
3. Distribute a hemp-derived cannabinoid product th at is
misbranded;
4. Distribute a hemp-derived cannabinoid product that is
adulterated;
5. Violate any provision of the requirements of the Board; or
6. Fail to comply with a stop sale, stop use, or removal order.
SECTION 7. This act shall become effective November 1, 2023.
Passed the Senate the 22nd 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