OK
Oklahoma Senate Bill SB801

Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB801 Compare Versions

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3-ENGR. H. A. to ENGR. S. B. NO. 801 Page 1 1
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28-ENGROSSED HOUSE AMENDME NT
29- TO
30-ENGROSSED SENATE BILL NO . 801 By: Coleman of the Senate
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
30+
31+STATE OF OKLAHOMA
32+
33+1st Session of the 59th Legislature (2023)
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35+COMMITTEE SUBSTITUTE
36+FOR ENGROSSED
37+SENATE BILL NO. 801 By: Coleman of the Senate
3138
3239 and
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3441 Marti of the House
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40-An Act relating to medical marijuana; amendi ng 63
41-O.S. 2021, Section 425, as last amended by Section 5,
42-Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
43-425), which relates to discrimination against license
44-holder; allowing for municipalities to modify their
45-planning or zoning p rocedures to forbid medical
46-marijuana businesses from operating in certain areas;
47-and providing an effective date
47+COMMITTEE SUBSTITUTE
4848
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52-AUTHOR: Add the following House Coauthor: Bashore
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54-AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill
55-and insert:
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58-"An Act relating to medical marijuana; requiring
49+An Act relating to medical marijuana; requiring
5950 licensed medical marijuana commercial growers to
6051 inform retail suppliers or elect ric cooperatives as
6152 to their license status; requiring transmission of
6253 monthly usage reports in certain format to the
6354 Oklahoma Medical Marijuana Authority ; amending 63
6455 O.S. 2021, Section 427.3, as amended by Section 8,
6556 Chapter 251, O.S.L. 2022 (63 O.S. Sup p. 2022, Section
6657 427.3), which relates to the Oklahoma Medica l
6758 Marijuana and Patient Protection Act; requiring
6859 establishment of pro cedures to monitor, col lect, and
6960 transmit certain usage information of licensed
7061 medical marijuana commercial growers; providi ng for
7162 the transmission of monthly usage reports; requiring
7263 the development of rules, exemptions, and procedures;
7364 providing for license revocation; provid ing for
7465 codification; and providing an effective date.
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71+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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101-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
10299 SECTION 1. NEW LAW A new section of law to be codified
103100 in the Oklahoma Statutes as Secti on 180.12 of Title 17, unless there
104101 is created a duplication in numbering, reads as follows:
105102 Every existing licensed medical marijuana commercial grower
106103 shall be required to inform retail suppliers or electric
107104 cooperatives utilized of their status as a licensed medical
108105 marijuana commercial grower within thirty (30) days after the
109106 effective date of this act. Every licensed medical marijuana
110107 commercial grower that receives a license after the effective date
111108 of this act shall inform retail suppliers or electric cooperatives
112109 utilized of their status as a licensed medical marijuana commercial
113110 grower at the time of the connection of services. As provided for
114111 in paragraph 12 of subsection D of Section 427.3 of Title 63 of the
115112 Oklahoma Statutes, a licensed medical marijuana commercial g rower
116113 shall transmit monthly reports to the Oklahoma Medical Marijuana
117114 Authority providing the amount of electricity and water consumed.
118115 The monthly reports shall be transmitted in an electro nic format
119116 that can be integrated with the seed-to-sale software of the
120117 Authority.
121118 SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.3, as
122119 amended by Section 8, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
123120 Section 427.3), is amended to read as follows:
121+Section 427.3 A. There is hereby created the Oklahoma Medical
122+Marijuana Authority which shall address issues related to the
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150-Section 427.3 A. There is hereby created the Oklahoma Medical
151-Marijuana Authority which shall address issues related to the
152150 medical marijuana program in this state including, but not limited
153151 to, the issuance of patient licenses and medical marijuana business
154152 licenses, and the dispensing, cultivating, processing, testing,
155153 transporting, storage, research, and the use of and sale of medical
156154 marijuana pursuant to the Oklahoma Medical Marijuana and Patient
157155 Protection Act.
158156 B. 1. Beginning on the effective date of this act, the
159157 Authority shall cease to be part of or a division of the State
160158 Department of Health and shall be deemed to be a separate and
161159 distinct agency, to be known as the Oklahoma Medical Marijuana
162160 Authority. The Authority and the Executive Director of the
163161 Authority shall continue to exercise their statutory powers, duties,
164162 and contractual responsibilities. All records, property, equipment,
165163 assets, monies, financial interests, liabilities, matters pending,
166164 and funds of the division shall be transferred to the Authority.
167165 2. All licenses granted by the Department pertaining to medical
168166 marijuana shall maintain rights and privileges under the authority
169167 of the Authority; provided, however, that all licenses shall be
170168 subject to revocation, suspension, or disciplinary action for
171169 violation of any of the provisions of the Oklahoma Medical Marijuana
172170 and Patient Protection Act and rules promulgated by the Executive
173171 Director.
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200199 3. The Authority shall succeed to any contract ual rights or
201200 responsibilities incurred by the Department pertaining to medic al
202201 marijuana.
203202 4. Rules promulgated by the State Commissioner of Health
204203 pertaining to medical marijuana that are in effect on the effective
205204 date of this act shall be immediately adopted and enforced by the
206205 Executive Director. The Executive Director maintains the authority
207206 to further promulgate and enforce rules.
208207 5. The Department and the Authority may enter into an agreement
209208 for the transfer of personnel from the Department to the Authority.
210209 No employee shall be transferred to the Authority except on the
211210 freely given written consent of the employee. All employees who are
212211 transferred to the Authority shall not be required to accept a
213212 lesser grade or salary than presently received . All employees shall
214213 retain leave, sick, and annual time earned, and any reti rement and
215214 longevity benefits which have accrued during their te nure with the
216215 Department. The transfer of personnel between the state agencies
217216 shall be coordinated with the Off ice of Management and Enterprise
218217 Services.
219218 6. The expenses incurred by the Authority as a result of the
220219 transfer required by this subsection shall be paid by the Authority.
221220 7. The division within the Department known as the Oklahoma
222221 Medical Marijuana Aut hority shall be abolished by the Department
223222 after the transfer has been complet ed.
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250250 8. The Office of Management and Enterprise Services shall
251251 coordinate the transfer of records, property, equipment, assets,
252252 funds, allotments, purchase orders, liabilities, outstanding
253253 financial obligations, or encumbrances provided for in this
254254 subsection.
255255 C. The Authority shall implement the provisions of the Oklahoma
256256 Medical Marijuana and Patient Protection Act consistently with the
257257 voter-approved State Question No. 788, Initiative Petition No. 412,
258258 subject to the provisions of the Oklahoma Medical M arijuana and
259259 Patient Protection Act.
260260 D. The Authority shall exercise its respective powers and
261261 perform its respective duties and functions as specified in the
262262 Oklahoma Medical Marijuana and Patient Protection Act and this title
263263 including, but not limited to, the following:
264264 1. Determine steps the state shall take, whether administrative
265265 or legislative in nature, to ensure that research on marijuana and
266266 marijuana products is being conducted for public purposes including
267267 the advancement of:
268268 a. public health policy and public safety policy,
269269 b. agronomic and horticultural best practices, and
270270 c. medical and pharmacopoeia best practices;
271271 2. Contract with third -party vendors and other governmental
272272 entities in order to carry out the respecti ve duties and functions
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299300 as specified in the Oklahoma Medical Marijuana and Patient
300301 Protection Act;
301302 3. Upon complaint or upon its own motion and upon a completed
302303 investigation, levy fines as prescribed in applicable laws, rules
303304 and regulations and suspend, revoke or not renew licenses pursuant
304305 to applicable laws, rules and regulations;
305306 4. Issue subpoenas for the appearance or production of persons,
306307 records and things in connecti on with disciplinary or contested
307308 cases considered by the Authority;
308309 5. Apply for injunctive or declaratory relief to enforce the
309310 provisions of applicable laws, rules and regulations;
310311 6. Inspect and examine all licensed premises of medical
311312 marijuana businesses, research facilities, education facilities and
312313 waste disposal facilities in which medical marijuana is cultivated,
313314 manufactured, sold, stored, transported, tested, distributed or
314315 disposed of;
315316 7. Upon action by the federal government by which the
316317 production, sale and use of marijuana in this state does not violate
317318 federal law, work with the Banking Department and the State
318319 Treasurer to develop good practices and s tandards for banking and
319320 finance for medical marijuana businesses;
320321 8. Establish internal control procedures for licenses including
321322 accounting procedures, reporting procedures and personnel policies;
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348350 9. Establish a fee schedule and collect fees for perf orming
349351 background checks as the Executive Director deems appropriate. The
350352 fees charged pursuant to this paragraph shall not exceed the actual
351353 cost incurred for each background check;
352354 10. Establish a fee schedule and collect fees for material
353355 changes requested by the licensee; and
354356 11. Establish regulations, which require a medical marijuana
355357 business to submit information t o the Oklahoma Medical Marijuana
356358 Authority, deemed reasonably necessary to assist the Authority in
357359 the prevention of diversion of medical marijuana by a licensed
358360 medical marijuana business. Such information required by the
359361 Authority may include, but shall not be limited to:
360362 a. the square footage of the licensed premises,
361363 b. a diagram of the licensed premises,
362364 c. the number and type of lights at the licensed medical
363365 marijuana commercial grower business,
364366 d. the number, type and production capacity of equipme nt
365367 located at the medical marijuana processing facility,
366368 e. the names, addresses and telephone numbers of
367369 employees or agents of a medical marijuana business,
368370 f. employment manuals and standard operating procedures
369371 for the medical marijuana business, and
370372 g. any other information as the Authority reasonably
371373 deems necessary; and
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398401 12. Establish an electronic procedure for monitoring,
399402 collecting, and transmitting license d medical marijuana commercial
400403 growers' monthly usage of electricity and water provided by retail
401404 suppliers or electric cooperatives. The Authority shall provide
402405 licensed medical marijuana commercial growers a means to transmit
403406 monthly reports regarding th e amounts of electricity and water
404407 consumed by licensed medical marijuana commercial growers. In
405408 addition, the Authority shall develop rul es, exemptions from the
406409 requirements of this paragraph, and any necessary procedures for the
407410 metering of the usage of electricity and water by licensed medical
408411 marijuana commercial growers that are not supplied by retail
409412 suppliers or electric cooperatives including, but not limited to,
410413 the usage of well water and gas-powered generators. Refusal or
411414 failure to submit the re quired monthly usage reports or use of an
412415 unpermitted water source by a licensed medical marijuana com mercial
413416 grower shall result in the permanent revocation of the medical
414417 marijuana commercial grower license.
415-SECTION 3. This act shall become effective November 1st, 2023."
418+SECTION 3. This act shall become ef fective November 1, 2023.
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442-Passed the House of Representatives the 24th day of April, 2023.
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448-Presiding Officer of the House of
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452-Passed the Senate the ____ day of _______ ___, 2023.
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486-ENGROSSED SENATE
487-BILL NO. 801 By: Coleman of the Senate
488-
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491- Marti of the House
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496-An Act relating to medical marijuana; amendi ng 63
497-O.S. 2021, Section 425, as last amended by Section 5,
498-Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
499-425), which relates to discrimination against license
500-holder; allowing for municipalities to modify their
501-planning or zoning p rocedures to forbid medical
502-marijuana businesses from operating in certain areas;
503-and providing an effective date.
504-
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508-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
509-SECTION 4. AMENDATORY 63 O.S. 2021, Section 425, as last
510-amended by Section 5, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022 ,
511-Section 425), is amen ded to read as follows:
512-Section 425. A. No school or landlord may refuse to enroll or
513-lease to and may not otherwise penalize a person solely for his or
514-her status as a medical marijuana patient licensee, unless failing
515-to do so would cause the school or landlord the potential to lose a
516-monetary or licensing-related benefit under federal law or
517-regulations.
518-B. Unless a failure to do so would cause an employer the
519-potential to lose a monetary or licensing-related benefit under
520-federal law or regulations, an employer may not discriminate against
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547-a person in hiring, termination or imposing any term or condition o f
548-employment or otherw ise penalize a person based upon the status of
549-the person as a medical marijuana patient licensee. Employers may
550-take action against a medical marijuana patient licensee if the
551-licensee uses or possesses marijuana while in his or her place of
552-employment or during the hours of employment. Employers may not
553-take action against a medical marijuana patient licensee solely
554-based upon the status of an employee as a medical marijuana patient
555-licensee or the results of a drug test showing po sitive for
556-marijuana or its components.
557-C. For the purposes of medical care including organ
558-transplants, the authorized use of marijuana by a medical marijuana
559-patient licensee shall be considered the equivalent of the use of
560-any other medication under th e direction of a phys ician and does not
561-constitute the use of an illicit substance or otherwise disqualify a
562-registered qualifying patient from medical care.
563-D. No medical marijuana patient licensee may be denied custody
564-of or visitation or parenting time with a minor child, and there is
565-no presumption of neglect or child endangerment for conduct allowed
566-under this law unless the behavior of the medical marijuana patient
567-licensee creates an unreasonable danger to the safety of the minor
568-child.
569-E. No person who possesses a med ical marijuana patient license
570-may be unduly withheld from holding another state-issued license by
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597-virtue of his or her status as a medical marijuana patient licensee
598-including, but not limited to, a concealed carry permit.
599-F. 1. No city or local municip ality may unduly change or
600-restrict zoning laws to prevent the opening of a medical marijuana
601-dispensary.
602-2. For purposes of this subsection, an undue change or
603-restriction of municipal zoning laws means an act which entirely
604-prevents medical marijuana di spensaries from operating within
605-municipal boundaries as a matter of law.
606-G. 1. Municipalities may follow their standard planning and
607-zoning procedures to determine if certain zones or districts would
608-be appropriate for locating marijuana-licensed premises, med ical
609-marijuana businesses, or any other premises where marijuana or its
610-by-products are cultivated, grown, processed, stored, or
611-manufactured.
612-2. After the effective date of this act, municipalities may
613-modify their standard planning and zoning procedures to forbid
614-certain zones or districts within the municipality for the operation
615-of a marijuana-licensed premises, medical marijuana businesses, or
616-any other premises where marijuana or its by-products are
617-cultivated, grown, processed, stored, or manufactured; provided, any
618-medical marijuana businesses licensed prior to the effecti ve date of
619-this act may continue to operate until s uch time they are no longer
620-licensed by the Oklahoma Medical Marijua na Authority.
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647-3. A medical marijuana dispensary does not include those other
648-entities licensed by the Oklah oma Medical Marijuana Authority as
649-marijuana-licensed premises, medical marijuana businesses or other
650-facilities or locations where marijuana or any product containing
651-marijuana or its by-products are cultivated, grown, processed,
652-stored or manufactured.
653-G. H. The location of any medical marijuana dispensary is
654-specifically prohibited within one thousand (1,000) feet of any
655-public school or private school. The distance indicated in this
656-subsection shall be measured from the nearest property line of such
657-public school or private school to the nearest perimeter wall of the
658-licensed premises of such medical marijuana dispensary. If a
659-medical marijuana dispensary met the requirements of this subsection
660-at the time of its initial licensure, the medical marijuana
661-dispensary licensee s hall be permitted to continue operating at the
662-licensed premises in the same manner and not be subject to
663-nonrenewal or revocation due to subsequent events or changes in
664-regulations occurring after licensure that would render the medic al
665-marijuana dispensary in violation by being within one thousand
666-(1,000) feet of a public school or private school. If any public
667-school or private school is established within one thousand (1,000)
668-feet of any medical marijuana dispensary after such medi cal
669-marijuana dispensary has been licensed, the provisions of this
670-subsection shall not be a deterrent to the renewal of such license
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697-or warrant revocation of the license. For purposes of this
698-subsection, a property owned, used or operated by a public sch ool or
699-by a private school that is not used for classroom instruction on
700-core curriculum, such as an administrative building, athletic
701-facility, ballpark, field or stadium, shall not constitute a public
702-school or private school unless such property is loca ted on the same
703-campus as a building used for classroom instruction on core
704-curriculum.
705-H. I. Research shall be provided for under this law. A
706-researcher may apply to the Oklahoma Medical Marijuana Authority for
707-a special research license. The resear ch license shall be granted,
708-provided the applicant meets the criteria listed in the Oklahoma
709-Medical Marijuana and Patient Protection Act. Research licensees
710-shall be required to file monthly consumption reports to the
711-Authority with amounts of marijuana used for research. Biomedical
712-and clinical research which is subject to federal regulations and
713-institutional oversight shall not be subject to oversight by the
714-Authority.
715-SECTION 5. This act shall become effective November 1, 202 3.
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742-Passed the Senate the 22nd day of March, 2023.
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746- Presiding Officer of the Senate
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748-
749-Passed the House of Rep resentatives the ____ day of __________,
750-2023.
751-
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753-
754- Presiding Officer of the House
755- of Representatives
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420+COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
421+SUBSTANCES, dated 04/13/2023 - DO PASS, As Amended.