Req. No. 2212 Page 1 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
CONFERENCE COMMITTEE SUBSTITUTE
FOR ENGROSSED
SENATE BILL 813 By: Garvin of the Senate
and
Marti of the House
CONFERENCE COMMITTEE SUBSTITUTE
An Act relating to medical marijuana; amending 63
O.S. 2021, Sections 421, 422, and 423, as last
amended by Sections 1, 2, and 3, Chapter 332, O.S.L.
2022 (63 O.S. Supp. 2022, Sections 421, 422, and
423), which relate to lic ensing requirements for
medical marijuana dispen saries, commercial growers,
and processors; modifying method of application
submission; amending 63 O.S. 2021, Section 427.3, as
last amended by Section 2 of Enrolled House Bill N o.
2095 of the 1st Session of the 59th Oklahoma
Legislature (63 O.S. Supp. 2022, Section 427.3),
which relates to Oklahoma Medical Marijuana Authority
duties and functions; allowing for the purchase of
motor vehicles; authorizing the Oklahoma Medical
Marijuana Authority to create a petty cash fund for
certain purpose; amending 63 O.S. 2021, Section
427.4, as amended by Section 3 of Enrolled House Bill
No. 2095 of the 1st Session of the 59th Oklahoma
Legislature (63 O.S. Supp. 2022, Section 427.4),
which relates to the E xecutive Director; updating
language; amending 63 O.S. 2021, Sec tion 427.14, as
last amended by Section 5 of Enrolled House Bill N o.
2095 of the 1st Session of the 59th Oklahoma
Legislature (63 O.S. Supp. 2022, Section 427.14),
which relates to the medical ma rijuana business
license; modifying calculation for ty pe of indoor and
outdoor growing operation; requiring remittance of
certain fees prior to licensing approval; modifying
method of application submission; removing provision
for fees for reconsideration; providing for
promulgation of rules for required appl ication
Req. No. 2212 Page 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
materials to the Authority prior to determination for
business licensing fees; amending 63 O.S. 2021 ,
Sections 427.16, as last amended by Section 7 of
Enrolled House Bill N o. 2095 of the 1st Ses sion of
the 59th Oklahoma Legislature , and 427.17, as last
amended by Section 8 of Enrolled House Bill N o. 2095
of the 1st Session of the 59th Oklahoma Legislature
(63 O.S. Supp. 2022, Sections 427.16 and 427.17),
which relate to medical marijuana transpor t and
testing laboratory licenses; providing contract
condition; allowing testing by Oklahoma Medical
Marijuana Authority assurance laboratory; authorizing
the Authority to operate a quality assuranc e
laboratory; allowing the Authority to use qual ity
assurance laboratory for cert ain purposes; permitting
the Authority to enter into certain agreements and
contracts; allowing the transfer and transport of
certain products; requiring the Authority to subm it
certain report; providing for promulgation of rules;
clarifying language; amending Section 1, Chapter 352,
O.S.L. 2022 (63 O.S. Supp. 2022, Section 427.25),
which relates to secret shoppe rs; allowing for use of
certain fund; allowing for secret shoppers to perform
certain duties; modifying laboratory testing;
exempting licensing requ irements for secret shoppers;
updating statutory language and reference; providing
for codification; providing an effective date; and
declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 421, as last
amended by Section 1, Chapter 332, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 421), is amended to read as follows:
Section 421. A. The Oklahoma Medical Marijuana Author ity shall
make available on its website in an easy-to-find location an
application for a medical marijuana dispensary license. The
application fee to be paid by the applicant shall be in the amounts
Req. No. 2212 Page 3 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
provided for in Section 427.14 of this title. A method of payment
for the application fee shall be provided on the w ebsite of the
Authority. Dispensary applicants must all be residents of Oklahoma.
Any entity applying f or a dispensary license must be owned by an
Oklahoma resident and must be registered to do business in Oklahoma.
The Authority shall have ninety (90) business days to review the
application; approve, reject , or deny the application; and mail send
the approval, rejection , or denial letter stating reasons for the
rejection or denial to the appli cant in the same method the
application was submitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty -five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in the State of Oklahoma this state;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity may show ownership of non -Oklahoma
residents, but that percentage ownership may not exceed twen ty-five
percent (25%);
5. All applying individuals or entities must be registered to
conduct business in the State of Oklahoma this state; and
Req. No. 2212 Page 4 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. All applicants must disclose all ownership interests in the
dispensary.
Applicants with a nonviolent felony conviction in the las t two
(2) years, any other felony conviction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated shall not qualify for a medic al
marijuana dispensary license.
C. Licensed medical marijua na dispensaries shall be required to
complete a monthly sales report to the Authority. This rep ort shall
be due on the fifteenth of each month and provide reporting on the
previous month. This report shall detail the weight of mariju ana
purchased at wholesale and the weight of marijuana sold to licensed
medical marijuana patients and licensed careg ivers and account for
any waste. The report shall show total sales in dollars, tax
collected in dollars, and tax due in dollars. The Auth ority shall
have oversight and auditing responsibilities to ensure that all
marijuana being grown is accounted for.
D. Only a licensed medical marijuana dispensary may conduct
retail sales of marijuana or marijuana derivatives. Beginning on
the effective date of this act November 1, 2021, licensed medical
marijuana dispensaries shall be authorized to package and sell p re-
rolled marijuana to licensed medical marijuana patients and licensed
caregivers. The products d escribed in this subsection shall contai n
only the ground parts of the marijuana plant and shall not include
Req. No. 2212 Page 5 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
marijuana concentrates or derivatives. The tota l net weight of each
pre-roll packaged and sold by a medical marijuana dispensary shall
not exceed one (1) gram. These products shall be t ested, packaged
and labeled in accordance with Oklahoma law and rules promulgated by
the Authority.
E. No medical marijuana dispensary shall offer or allow a
medical marijuana patient licensee, caregiver licensee or other
member of the public to handle or otherwise have physi cal contact
with any medical marijuana not contained in a sealed or separate
package. Provided, such prohibition shall not preclude an employee
of the medical marijuana dispensary from handling loose or
nonpackaged medical marijuana t o be placed in packag ing consistent
with the Oklahoma Medical Marijuana and Patient Protection Act and
the rules promulgated by the Authority for the packaging of medical
marijuana for retail sale. Provided, further , such prohibition
shall not prevent a m edical marijuana disp ensary from displaying
samples of its medical marijuana in separate display cases, jars or
other containers and allowing medical marijuana patient licensees
and caregiver licensees the ability to handle or smell the various
samples as long as the sample me dical marijuana is used for display
purposes only and is not offered for retail sale.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 422, as last
amended by Section 2, Chap ter 332, O.S.L. 2022 (63 O.S. Supp. 2022 ,
Section 422), is amended to read as follows:
Req. No. 2212 Page 6 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 422. A. The Oklahoma Medical Marijuana Authority shall
make available on its website in an easy -to-find location an
application for a medical marijuana commerc ial grower license. The
application fee shall be paid by the applicant in the amounts
provided for in Section 427.14 of this title. A method of payment
for the application fee shall be provided on the website of the
Authority. The Authority shall have n inety (90) business days to
review the application; approve, reject, or deny the application;
and mail send the approval, rejection , or denial letter stating the
reasons for the rejection or denial to the applicant in the same
method the application was su bmitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty -five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in the State of Oklahoma this state;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity ma y show ownership of non -Oklahoma
residents, but that percentage ownership may not exceed twenty -five
percent (25%);
5. All applying indivi duals or entities mus t be registered to
conduct business in the State of Oklahoma this state; and
Req. No. 2212 Page 7 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. All applicants must disclose all ownership interests in the
commercial grower operation.
Applicants with a nonviol ent felony conviction in the last two
(2) years, any other fe lony conviction in the last five (5) years,
inmates in the custody of the Department of Correcti ons or any
person currently incarcerated shall not qualify for a commercial
grower license.
C. A licensed medical marijuana commercial gro wer may sell
marijuana to a licensed medical marijuana dispensary or a licensed
medical marijuana processor. Further , sales by a licensed medical
marijuana commercial grower shall be considered wholesale sales and
shall not be subject to taxation. Under no circumstances may a
licensed medical marijuana commercial grower sell marijuana directly
to a licensed medical mar ijuana patient or licensed medical
marijuana caregiver. A licensed medical marijuana commercial gr ower
may only sell at the wholesale leve l to a licensed medic al marijuana
dispensary, a licensed medical marijuana commercial grower or a
licensed medical marijuana processor. If the federal government
lifts restrictions on buying and selling marijuana be tween states,
then a licensed medical ma rijuana commercial gr ower would be allowed
to sell and buy marijuana wholesale from, or to, an out -of-state
wholesale provider. A licensed medical marijuana commercial grower
shall be required to complete a monthly yield and sales report to
the Authority. This report shall be due on the fifteenth of each
Req. No. 2212 Page 8 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
month and provide reporting on the previous month. This report
shall detail the amount of marijuana harvested in pounds, the amount
of drying or dried marijuana on hand, the amount of marijuana sold
to licensed processors in pounds, the amount of waste in pounds, and
the amount of marijuana sold to licensed medical mar ijuana
dispensaries in pounds. Additionally, this report shall show total
wholesale sales in dolla rs. The Authority shall have oversight and
auditing responsibilities to ensure that all marijuana being grown
by licensed medical marijuana commercial growe rs is accounted for.
D. There shall be no limits on how much marijuana a licensed
medical marijuana commercial grower can grow.
E. Beginning on the effective date of this act November 1,
2021, licensed medical marijuana commercial growers shall be
authorized to package and sell pre -rolled marijuana to licensed
medical marijuana dispensaries. The products described in this
subsection shall contain only the grou nd parts of the marijuana
plant and shall not include marijuana concentrates or derivative s.
The total net weight of each pre -roll packaged and sold by licensed
medical marijuana commercial growers shall not exceed one (1) gram.
These products must be te sted, packaged and labeled in accordance
with Oklahoma law and rules promulgated by the Au thority.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 423, as last
amended by Section 3, Chapter 332, O.S.L. 2022 (63 O. S. Supp. 2022,
Section 423), is amended to read as follows:
Req. No. 2212 Page 9 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Section 423. A. The Oklahoma Medical Marijuana Au thority shall
make available on its website in an easy -to-find location an
application for a medical marijuan a processing license. The
Authority shall be authorized to issue two types of medical
marijuana processor licenses based on the level of risk pose d by the
type of processing conducted:
1. Nonhazardous medical marijuana processor license; and
2. Hazardous medical marijuana processor licens e.
The application fee for a nonhazardous or hazardous medical
marijuana processor license shall be paid by the applicant in the
amounts provided for in Section 427.14 of this title. A method of
payment shall be provide d on the website of the Authority. The
Authority shall have ninety (90) business days to review the
application; approve, reject , or deny the application; and mail send
the approval, rejection , or denial letter stating the reasons for
the rejection or den ial to the applicant in the same method the
application was submitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty -five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in the State of Oklahoma this state;
Req. No. 2212 Page 10 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity may show ownership of non -Oklahoma
residents, but that percentage ownership may not exceed twent y-five
percent (25%);
5. All applying individuals or entities must be registered to
conduct business in the State of Oklahoma this state; and
6. All applicants must disclose all ownership interests in the
processing operation.
Applicants with a nonviolen t felony conviction in the last two
(2) years, any other felony con viction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated sha ll not qualify for a medical
marijuana processing license .
C. 1. A licensed processor may take marijuana plants and
distill or process these plants into concentrates, edibles, and
other forms for consumption.
2. As required by subsection D of this secti on, the Authority
shall make available a set of standards which shall be used by
licensed processors in the preparation of e dible marijuana products.
The standards should be in line with current food preparation
guidelines. No excessive or punitive rules may be established by
the Authority.
Req. No. 2212 Page 11 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. Up to two times a year, the Authority may inspect a
processing operation and deter mine its compliance with the
preparation standards. If deficiencies are found, a written report
of the deficiency shall be issued t o the licensed processor. The
licensed processor shall h ave one (1) month to correct the
deficiency or be subject to a fine of Five Hundred Dollars ($500.00)
for each deficiency.
4. A licensed processor may sell marijuana products it creates
to a licensed dispensary or any other licensed p rocessor. All sales
by a licensed processor shall be considered wholesale sales and
shall not be subject to taxation.
5. Under no circumstances may a licensed processor sell
marijuana or any marijuana product directly to a licensed medical
marijuana patient or licensed careg iver. However, a licensed
processor may process cannabis into a co ncentrated form for a
licensed medical marijuana patient for a fee.
6. Licensed processors shall be required to complete a monthly
yield and sales report to the Author ity. This report sha ll be due
on the fifteenth of each month and shall provide reportin g on the
previous month. This report shall detail the amount of marijuana
and medical marijuana products purchased in pounds, the a mount of
marijuana cooked or process ed in pounds, and the amount of waste in
pounds. Additionally, this report shall show t otal wholesale sales
in dollars. The Authority shall have oversight and auditing
Req. No. 2212 Page 12 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
responsibilities to ensure that all marijuana bein g processed is
accounted for.
D. The Authority shall ove rsee the inspection and compliance of
licensed processors producing products with marijuana as an
additive. The Authority shall be compelled to, within thirty (30)
days of passage of this initiative , appoint twelve (12) Oklahoma
residents to the Medical M arijuana Advisory Council, who are
marijuana industry experts, to c reate a list of food safety
standards for processing and handling medical marijuana in Oklahoma.
These standards shall be adopted b y the Authority and the Authority
may enforce these stand ards for licensed processors. The Authority
shall develop a standa rds review procedure and these standards can
be altered by calling another council of twelve (12) Oklahoma
marijuana industry expert s. A signed letter of twenty operat ing,
licensed processors shall constitute a need for a new council and
standards review.
E. If it becomes permissible under federal law, marijuana may
be moved across state lines.
F. Any device used for the processing or consumption of medical
marijuana shall be considered l egal to be sold, manufactured,
distributed and possessed. No merch ant, wholesaler, manufacturer or
individual may be unduly harassed or prosecuted for selling,
manufacturing or possessing marijuana paraphernalia.
Req. No. 2212 Page 13 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 4. AMENDATORY 63 O.S. 2021, Section 427.3, as
last amended by Section 2 of Enrolled House Bill No. 2095 of the 1st
Session of the 59th Oklahoma Legislature (63 O.S. Supp. 2022,
Section 427.3), is amended to read as follows:
Section 427.3. A. There is hereby crea ted the Oklahoma Medical
Marijuana Authority within the State Department of Health which
shall address issues related to the medical marijuana program in
Oklahoma including, but not limited to, the i ssuance of patient
licenses and medical marijuana busines s licenses, and the
dispensing, cultivating, processing, testing, transporting, storage,
research, and the use of and sal e of medical marijuana pursuant to
the Oklahoma Medical Marijuana and Patient Protection Act.
B. The Department s hall provide support staff to perform
designated duties of the Authority. The Department shall also
provide office space for meetings of the Authority.
C. The Authority shall implement the provisions of the Oklahoma
Medical Marijuana and Patient Protecti on Act consistently w ith the
voter-approved State Question No. 788, Initiative Petition No. 412,
subject to the provisions of the Oklahoma Med ical Marijuana and
Patient Protection Act.
D. The Authority shall exercise it s respective powers and
perform its respective duties and functions as specified in the
Oklahoma Medical Marijuana and Patient Protection Act and this title
including, but not li mited to, the following:
Req. No. 2212 Page 14 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Determine steps the state shall take, whether adm inistrative
or legislative in nature , to ensure that rese arch on marijuana and
marijuana products is being conducted for public purposes, including
the advancement of:
a. public health policy and public safety policy,
b. agronomic and horticultural best pr actices, and
c. medical and pharmaco poeia best practices;
2. Contract with third-party vendors and other governmental
entities in order to carry out the respective duties and fu nctions
as specified in the Oklahoma Medical Marijuana and Patient
Protection Act;
3. Upon complaint or upon its own motion and upon a completed
investigation, levy fines as prescribed in applicable laws, rules,
and regulations and suspend, revoke, or not renew licenses pursuant
to applicable laws, rules, and regulations;
4. Issue subpoenas for the appearance or pro duction of persons,
records, and things in connection with disciplinary or contested
cases considered by the Authority;
5. Apply for injuncti ve or declaratory relief to enforce the
provisions of applicable laws, rules, and regulations;
6. Inspect and examine all licensed pre mises of medical
marijuana businesses, research facilities, education facilities, and
waste disposal facilities in which medical marijuana is cultivated,
Req. No. 2212 Page 15 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
manufactured, sold, stored, transported, test ed, distributed, or
disposed of;
7. Upon action by the f ederal government by which the
production, sale, and use of marijuana in Oklahoma does not violate
federal law, work with the Oklahoma State Banking Department and the
State Treasurer to develop good practices and standards for banking
and finance for medi cal marijuana businesses;
8. Establish internal control procedures for licenses including
accounting procedures, reporti ng procedures, and personnel policies;
9. Establish a fee schedule and collec t fees for performing
background checks as the Authority deems appropriate. The fees
charged pursuant to this paragraph shall not exceed the actual cost
incurred for each backgr ound check;
10. Establish a fee schedule and collect fees for material
changes requested by the licensee;
11. Establish regulations, which require a medical marijuana
business to submit information to the Authority, deemed reasonably
necessary to assist the Authority in the prevention of diversion of
medical marijuana by a license d medical marijuana business. Such
information required by the Authority may include, but shall not be
limited to:
a. the square footage of the licensed premises,
b. a diagram of the licensed premises,
Req. No. 2212 Page 16 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
c. the number and type of lights at the licensed medi cal
marijuana commercial grower busi ness,
d. the number, type, and production capacity of equipment
located at the medical marijuana processing facility,
e. the names, addresses, and telephone numbers of
employees or agents of a medical marijuana business,
f. employment manuals and standard operating procedures
for the medical marijuana business, and
g. any other information as the Authority reasonably
deems necessary;
12. Declare and establish a moratorium on processing and
issuing new medical marijuana b usiness licenses pursuant to Section
427.14 of this title for an amount of time the Authority deems
necessary; and
13. Enter into and negotiate the terms of Memorandums of
Understanding between the Authority and other state agencies
concerning the enforcement of laws regulating medical marijuana in
this state. The Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Oklahoma State Bureau of Investigation, and the
Oklahoma Attorney General shall have full authority to investigate
and enforce any violations of the laws regarding medical marijuana
including medical marijuana business licenses held by commercial
growers, processors, transporters, researchers, education
facilities, and waste disposal facilities;
Req. No. 2212 Page 17 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
14. Purchase and maintain motor v ehicles for use by the
employees of the Authority; and
15. Enter into contracts and agreements for the payment of
food, lodging, and other auth orized expenses as may be necessary to
host, conduct, sponsor, or participate in conferences, meetings, or
training sessions. The Authority may est ablish accounts as
necessary for the collection and distribution of funds, including
funds of sponsors and registration fees, related t o such
conferences, meetings, and training sessions. Any expenses incurred
may be paid directly to the contracting agenc y or business
establishment.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.3b of Title 63, unless there
is created a duplication in numbering, reads as follo ws:
There is hereby create d a petty cash fund f or the Oklahoma
Medical Marijuana Authority. The fund shall be used by the
Authority to supply its agents with money for undercover operations,
to perform statutory requirements, and to obtain evidence for case
presentations. The amount of the petty cash fund shall be
determined by the Director of the Office of Management and
Enterprise Services and the Executive Director of the Oklahoma
Medical Marijuana Authority. The Director of the Off ice of
Management and Enterprise Services sha ll be authorized to p rescribe
Req. No. 2212 Page 18 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
forms, systems, and procedures for the administration of the petty
cash fund.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 427.4, as
amended by Section 3 of Enrolled House Bill No. 2095 of the 1st
Session of the 59th Oklahoma Legislature (63 O.S. Supp. 2022,
Section 427.4), is amended to read as follows:
Section 427.4. A. The Oklahoma Medical Marijuana Authority
shall employ an Executive Director and other personnel as necessary
to assist the Authority in carrying out its duties. The Executive
Director shall be appoi nted by the Governor, with the advice and
consent of the Senate. The Executive Director shall serve at the
pleasure of the Governor and may be removed or replaced without
cause. Compensation for the Executive Director shall be determined
pursuant to Section 3601. 2 of Title 74 of the Oklahoma Statutes.
B. The Authority shall not employ an individual if any of the
following circumstances exist:
1. The individual has a direct or indirec t interest in a
licensed medical marijuana business; or
2. The individual or hi s or her spouse, parent, child, spouse
of a child, sibling, or spouse of a sibling has an application for a
medical marijuana business license pending before the Authority or
is a member of the board of directors of a medical marijuana
business, or is an i ndividual financially interested in any licensee
or medical marijuana business.
Req. No. 2212 Page 19 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
C. All officers and employees of the Authority shall be in the
exempt unclassified service as provided for in Section 840-5.5 of
Title 74 of the Oklahoma Statutes.
D. The Executive Director may delegate to any officer or
employee of the Authority any of the powers of the Executive
Director and may designate any officer or employee of the Authority
to perform any of the duties of the Executive Director.
E. The Executive Director may promulgate rules governing the
oversight and implementation of the Oklahoma Medical Marijuana and
Patient Protection Act.
F. The Authority is hereby authorized to c reate employment
positions necessary for the implementation of its obligations
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act including, but not limited to, investigators of the Authority
and a director of enforcement. The Authority, the director of
enforcement, the Executive Director, investigators of the Authority,
the Oklahoma State Bureau of Narcotics and Dangerous D rugs Control,
the Oklahoma State Bureau of Investigation, and the Attorney General
shall have all the powers and authority of a peace officer of this
state for the purpose of enforcing the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act and other laws
pertaining to medical marijuana, rules promulgated by the Executive
Director, or criminal laws of this state. These powers shall
include but not be limited to:
Req. No. 2212 Page 20 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Investigating violations or suspected violations of the
Oklahoma Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana, any rules promulgated pursuant
thereto, and any violations of criminal laws of this state
discovered through the course of such investigations;
2. Serving and executing all warrants, summonses, subpoenas,
administrative citations, notices or other processes relating to the
enforcement of laws regulating marijuana, concentrate, and marijuana
product;
3. Seizing, destroying, confiscating, embargoing, or plac ing an
administrative hold on any marijuana or marijuana product not
properly logged in the inventory records tracking system or
untraceable product not required to be in the system, altered or
improperly packaged, or illegally held in violation of the Oklahoma
Medical Marijuana and Patient Protection Act, any other laws of this
state, or any rules promulgated by the Executive Director;
4. Assisting or aiding any law enforcement officer in the
performance of his or her duties upon such law enforcement officer’s
request or the request of oth er local officials having jurisdiction;
5. Referring any evidence, reports, or charges regarding
violations of any provision of the Oklahoma Medical Marijuana and
Patient Protection Act that carries criminal penalty, or of any
other criminal laws of this state, to the appropriate law
enforcement authority and prosecutorial authority for action;
Req. No. 2212 Page 21 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
6. Aiding the enforcement authorities of this state or any
county or municipality of the state, or the federal government, in
prosecutions of violations of the Oklahoma Medical Marijuana and
Patient Protection Act or any other laws of this state that carry
criminal penalty involving crimes discovered during the
investigation of violations or suspected violations of the Oklahoma
Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana or any rules promulgated pursuant
thereto;
7. Requiring any business applicant or licensee to permit an
inspection of licensed premises during business hours or at any time
of apparent operation, marijuana equipment, and marijuana
accessories, or books and records; and to permit the testing of or
examination of medical marijuana, concentrate, or product;
8. Requiring applicants and licensees to submit comp lete and
current applications, information and fees required by the Oklahoma
Medical Marijuana and Patient Protection Act, the Oklahoma Medical
Marijuana Waste Management Act and Sections 420 through 426.1 of
this title, and approve material changes made b y the applicant or
licensee;
9. Requiring medical marijuana business licensees to s ubmit a
sample or unit of medical marijuana or medical marijuana product to
the quality assurance laboratory when the Authority has reason to
believe the medical marijuana or medical marijuana product may be
Req. No. 2212 Page 22 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
unsafe for patient consumption or inhalation or has not been tested
in accordance with the provisions of the Oklahoma Medical Marijuana
and Patient Protection Act and the rules and regulations promulgated
by the Executive Director. The licensee shall provide the samples
or units of medical marijuana or medical marijuana products at its
own expense but shall not be responsible for the costs of testing;
and
10. Requiring medical marijuana business licensees to
periodically submit samples or units of medical marijuana or medical
marijuana products to the quality assurance laboratory for quality
assurance purposes. Licensed growers, processors, dispensaries and
transporters shall not be required to submit samples or units of
medical marijuana or medical marij uana products more than twice a
year. The licensee shall provide the samples or units of medical
marijuana or medical marijuana products at its own expense but shall
not be responsible for the costs of testing.
G. All investigators of the Authority shall meet all training
requirements and qualifications for peace officers as required by
Section 3311 et seq. of Title 70 of the Oklahoma Statutes.
H. During the course of an investigation, the Authority, as
provided by subsection F of this section, may arrest a violator or
suspected violator of any laws of this state committed in the
presence of the Authority or upon the development of probable cause
that such crime has been committed. The Authority as provided by
Req. No. 2212 Page 23 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
subsection F of this section may, upon request of a sheriff or
another peace officer of this state, or any political subdivision
thereof, assist in the apprehension and arrest of a violator or
suspected violator of any of the laws of this state.
I. The Executive Director may employ or contract with
attorneys, as needed, to advise the Authority on all legal matters
and to appear for and represent the Executive Director and the
Authority in all administrative hearings and all litigation or other
proceedings which may arise in the discharge of their duties. At
the request of the Executive Director, such attorneys shall assist
district attorneys in prosecuting charges of vi olators of the
Oklahoma Medical Marijuana and Patient Protection Act or any other
laws of this state that carry criminal penalty involving crimes
discovered during the investigation of violations or suspected
violations of the Oklahoma Medical Marijuana and Patient Protection
Act or other laws pertaining to medical marijuana or any rules
promulgated pursuant thereto .
SECTION 7. AMENDATORY 63 O.S . 2021, Section 427.1 4, as
last amended by Section 5 of Enrolled House Bill No. 2095 of the 1 st
Session of the 59th Oklahoma Legislature (63 O.S. Supp. 2022,
Section 427.14), is amended to read as follows:
Section 427.14. A. There is hereby created the medical
marijuana business license, which shall include the following
categories:
Req. No. 2212 Page 24 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Medical marijuana commercial grower;
2. Medical marijuana processor;
3. Medical marijuana dispensary;
4. Medical marijuana transporter; and
5. Medical marijuana testing laboratory.
B. The Oklahoma Medical Marijuana Authority, with the aid of
the Office of Management an d Enterprise Services, shall develop a
website for medical marijuana business applications.
C. The Authority shall make available on its website i n an
easy-to-find location, applications for a medical marijuana
business.
D. 1. The annual, nonrefundable fee for a medical marijuana
transporter license shall be Two Thousand Five Hundred Dollars
($2,500.00).
2. The initial, nonrefundable fee for a medical marijuana
commercial grower license shall be calculated based upon the total
amount of square feet of c anopy or acres the grower estimates will
be harvested, transferred, or sold for the year. The annual,
nonrefundable license fee shall be based upo n the total amount of
square feet of canopy or acres harvested, transferred, or sold by
the grower during the previous twelve (12) months. The amount of
the fees shall be determined as follows:
a. For an indoor, greenhouse, or light deprivation
medical marijuana grow facility:
Req. No. 2212 Page 25 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(1) Tier 1: Up to ten thousand (10,000) square feet
of canopy, the fee shall be Two T housand Five
Hundred Dollars ($2,500.00),
(2) Tier 2: Ten thousand one (10,001) square feet of
canopy to twenty thousand (20,000) square feet of
canopy, the fee shall be Fiv e Thousand Dollars
($5,000.00),
(3) Tier 3: Twenty thousand one (20,001) square f eet
of canopy to forty thousand (40,000) square feet
of canopy, the fee shall be Ten Thousand Dollars
($10,000.00),
(4) Tier 4: Forty thousand one (40,001) square feet
of canopy to sixty thousand (60,000) square feet
of canopy, the fee shall be Twenty Tho usand
Dollars ($20,000.00),
(5) Tier 5: Sixty thousand one (60,001) square feet
of canopy to eighty thousand (80,000) square feet
of canopy, the fee shall be Thirty Thousand
Dollars ($30,000.00),
(6) Tier 6: Eighty thousand one (80,001) square feet
of canopy to ninety-nine thousand nine hundred
ninety-nine (99,999) square feet of canopy, the
fee shall be Forty Thousand Dollars ($40,000 .00),
and
Req. No. 2212 Page 26 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(7) Tier 7: One hundred thous and (100,000) square
feet of canopy and beyond, the fee shall be Fifty
Thousand Dollars ($50,000.00), plus an additional
twenty-five cents ($0.25) per square foot of
canopy over one hundred thousand (100,000) square
feet.
b. For an outdoor medical marijuan a grow facility:
(1) Tier 1: Up to Less than two and one-half (2 1/2)
acres, the fee shall be Two Thousand Five Hundred
Dollars ($2,500.00),
(2) Tier 2: Two More than two and one-half (2 1/2)
acres up to five (5) acres, the fee shall be Five
Thousand Dollars ($5,000.00),
(3) Tier 3: Five More than five (5) acres up to ten
(10) acres, the fee shall be Ten Thousand Dollars
($10,000.00),
(4) Tier 4: Ten More than ten (10) acres up to
twenty (20) acres, the fee shall be Twenty
Thousand Dollars ($20,000.00),
(5) Tier 5: Twenty More than twenty (20) acres up to
thirty (30) acres, the fee shall be Thirty
Thousand Dollars ($30,000.00),
Req. No. 2212 Page 27 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(6) Tier 6: Thirty More than thirty (30) acres up to
forty (40) acres, the fee shall be Forty Thousand
Dollars ($40,000.00),
(7) Tier 7: Forty More than forty (40) acres up to
fifty (50) acres, the fee shall be Fifty Thousand
Dollars ($50,000.00), and
(8) Tier 8: If the amount of acreage exceeds fifty
(50) acres, the fee shall be Fifty Thousand
Dollars ($50,000.00) plus an addi tional Two
Hundred Fifty Dollars ($250.00) per acre.
c. For a medical marijuana co mmercial grower that has a
combination of both indoor and outdoor growing
facilities at one location, the medical marijuana
commercial grower shall be re quired to obtain a
separate license from the Authority for each type of
grow operation and shall be sub ject to the licensing
fees provided for in subparagraphs a and b of this
paragraph.
d. As used in this paragraph:
(1) “canopy” means the total surface ar ea within a
cultivation area that is dedicated to the
cultivation of flowe ring marijuana plants. The
surface area of the plant canopy must be
calculated in square feet and measured and must
Req. No. 2212 Page 28 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
include all of the area within the boundaries
where the cultivation of the flowering m arijuana
plants occurs. If the surface of the plant
canopy consists of noncontigu ous areas, each
component area must be separated by identifiable
boundaries. If a tiered or shelving system is
used in the cultivation area, the surface area of
each tier or shelf must be included in
calculating the area of th e plant canopy.
Calculation of the area of the plant canopy may
not include the areas within the cultivation area
that are used to cultivate immature marijuana
plants and seedlings, prior to flowering, and
that are not used at any time to cultivate mature
marijuana plants. If the fl owering plants are
vertically grown in cylinders, the square footage
of the canopy shall be measured by the
circumference of the cylinder multiplied by t he
total length of the cylinder,
(2) “greenhouse” means a structure locate d outdoors
that is completely covered by a material that
allows a controlled level of light transmission,
and
Req. No. 2212 Page 29 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(3) “light deprivation” means a structure that has
concrete floors and t he ability to manipul ate
natural light.
3. The initial, nonrefundable fee for a medical marijuana
processor license shall be Two Thousand Five Hundred Dollars
($2,500.00). The annual, nonrefundable license fee for a medical
marijuana processor license sh all be determined based on the
previous twelve (12) months as follows:
a. Tier 1: Zero The transfer or sale of zero (0) to ten
thousand (10,000) pounds of biomass or production or
use the production, transfer, or sale of up to one
hundred (100) liters of cannabis concentrate,
whichever is greater, the annual fee shall be Two
Thousand Five Hundred Dollars ( $2,500.00),
b. Tier 2: Ten The transfer or sale of ten thousand one
(10,001) pounds to fifty thousand (50,000) pounds of
biomass or production or use fr om the production,
transfer, or sale of one hundred one (101) to three
hundred fifty (350) liters of ca nnabis concentrate,
whichever is greater, the annual fee shall be Five
Thousand Dollars ($5,000.00),
c. Tier 3: Fifty The transfer or sale of fifty thousand
one (50,001) pounds to one hundred fifty thousand
(150,000) pounds of biomass or production or use from
Req. No. 2212 Page 30 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the production, transfer, or sale of three hundred
fifty-one (351) to six hundred fifty (650) liters of
cannabis concentrate, whichever is greater, the annual
fee shall be Ten Thousand Dollars ($10,000.00),
d. Tier 4: One The transfer or sale of one hundred fifty
thousand one (150,001) pounds to three hundred
thousand (300,000) pounds of biomass or production or
use from the production, transfer, or sale of six
hundred fifty-one (651) to one thousand (1,000) liters
of cannabis concentrate, whichever is greater, the
annual fee shall be Fifteen Thousand Dollars
($15,000.00), and
e. Tier 5: More The transfer or sale of more than three
hundred thousand one (300,001) pounds of biomass or
production or use the production, transfer, or sale in
excess of one thousand one (1,001) liters of cannabis
concentrate, the annual fee shall be Twenty Thousand
Dollars ($20,000.00).
For purposes of this paragraph only, if the cannabis conce ntrate
is in nonliquid form, every one thousand (1,000) grams of
concentrated marijuana shall be calculated as one (1) liter of
cannabis concentrate.
4. The initial, nonrefundable fee for a medical marijuana
dispensary license shall b e Two Thousand Five H undred Dollars
Req. No. 2212 Page 31 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
($2,500.00). The annual, nonrefundable license fee for a medical
marijuana dispensary license shall be calculated at ten percent
(10%) of the sum of twelve (12) cal endar months of the combined
annual state sales tax and state excise tax of the dispensary during
the previous twelve (12) months . The minimum fee shall be n ot less
than Two Thousand Five Hundred Dollars ($2,500.00) and the maximum
fee shall not exceed Te n Thousand Dollars ($10,000.00).
5. The annual, nonref undable license fee f or a medical
marijuana testing laboratory shall be Twenty Thousand Dollars
($20,000.00).
E. All applicants seeking licensure or licensure renewal as a
medical marijuana business s hall comply with the following general
requirements:
1. All applications for licenses and registrations authorized
pursuant to this section shall be made upo n forms prescribed by the
Authority;
2. Each application shall identify the city or county in whi ch
the applicant seeks to obtain licensure as a medical marijuana
business;
3. Applicants shall submit a complete application to the
Authority before the app lication may be accepted or considered;
4. All applications shall be complete and accurate in eve ry
detail;
Req. No. 2212 Page 32 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
5. All applications shall include all attac hments or
supplemental information required by the forms supplied by the
Authority;
6. All applications for a transporter license, initial
dispensary license, initial processor license, or laboratory license
shall be accompanied by a full remittance for t he whole amount of
the application fees. Application license fee as set forth in
subsection D of this section. All submissions of grower
applications, renewal processor applications, and renewal disp ensary
applications shall be accompanied by a remittanc e of a fee of Two
Thousand Five Hundred Dollars ($2,500.00). The Authority shall
invoice license appli cants, if applicable, for any additional
licensing fees owed pursuant to subsection D of this sect ion prior
to approval of a license application. Licens e fees are
nonrefundable;
7. All applicants shall be approved for licensing review that,
at a minimum, meets meet the following criteria:
a. twenty-five (25) years of age or older,
b. if applying as an ind ividual, proof that the applicant
is an Oklahoma resident pursuant to p aragraph 11 of
this subsection,
c. if applying as an entity, proof that seventy -five
percent (75%) of all members, managers, executive
officers, partners, board members or any other for m of
Req. No. 2212 Page 33 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
business ownership are Oklahoma residents pur suant to
paragraph 11 of this subsection,
d. if applying as an individual or entity, proof that the
individual or entity is registered to conduct business
in the State of Oklahoma this state,
e. disclosure of all ownership interests pursuant to the
Oklahoma Medical Marijuana a nd Patient Protection Act,
and
f. proof that the medical marijuana business, medic al
marijuana research facility, medical marijuana
education facility and medical marijuana waste
disposal facility applicant or licensee has not been
convicted of a nonviolen t felony in the last two (2)
years, or any other felony conviction within the last
five (5) years, is not a current inmate in the custody
of the Department of Corrections, or currently
incarcerated in a jail or corrections facility .
Upon reasonable suspicion that a medical marijuana business licensee
is illegally growing, processing, transferring, selling, disposing,
or diverting marijuana, the Authority, the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Ok lahoma State Bureau of
Investigation, or the Attorney General may subpoena documents
necessary to establish the personal identifying information of all
owners and individuals with any ownership interest in the business;
Req. No. 2212 Page 34 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
8. There shall be no limit to the number of medical marijuana
business licenses or categories that an individual or entity can
apply for or receive, although each application and each category
shall require a separate application and, application fee, or
license fee. A commercial grower, processor and dispensary, or a ny
combination thereof, are authorized to share the same address or
physical location, subject to the restrictions set forth in the
Oklahoma Medical Marijuana a nd Patient Protection Act;
9. All applicants for a medical marijuana busin ess license,
research facility license or education facility license authorized
by the Oklahoma Medical Marijuana and Patient Protection Act, or for
a renewal of such license, shall undergo a national fingerprint -
based background check conducted by the Okl ahoma State Bureau of
Investigation (OSBI) within thirty (30) days prior to the
application for the lic ense, including:
a. individual applicants applying on their own behalf,
b. individuals applying on behalf of an entity,
c. all principal officers of an e ntity, and
d. all owners of an entity as defined by the Oklahoma
Medical Marijuana and Patient Protecti on Act;
10. All applicable fees charged by the OSBI are the
responsibility of the applicant and shall not be higher than fees
charged to any other perso n or industry for suc h background checks;
Req. No. 2212 Page 35 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
11. In order to be considered an Oklahoma resident for purpo ses
of a medical marijuana business application, all applicants shall
provide proof of Oklahoma residency for at least two (2) years
immediately precedin g the date of applica tion or five (5) years of
continuous Oklahoma residency during the preceding twent y-five (25)
years immediately preceding the date of application. Sufficient
documentation of proof of residency shall include a combination of
the following:
a. an unexpired Oklahoma-issued driver license,
b. an Oklahoma identification card,
c. a utility bill preceding the date of application,
excluding cellular telephone and Internet bills,
d. a residential property deed to property in the State
of Oklahoma this state, and
e. a rental agreement preceding the date of application
for residential property lo cated in the State of
Oklahoma this state.
Applicants that were issued a medical marijuana business license
prior to August 30, 2019, are hereby exempt f rom the two-year or
five-year Oklahoma residence requirement mentioned above;
12. All license applican ts shall be required to submit a
registration with the Oklahoma State Bur eau of Narcotics and
Dangerous Drugs Control as provided in Sections 2 -302 through 2-304
of this title;
Req. No. 2212 Page 36 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
13. All applicants shall establish their identity through
submission of a colo r copy or digital image of one of the following
unexpired documents:
a. front of an Oklahoma driver license,
b. front of an Oklahoma identification card,
c. a United States passport or other photo identification
issued by the United States government, or
d. a tribal identification card approved for
identification purposes by th e Oklahoma Department of
Public Safety; and
14. All applicants shall submit an applicant photograph.
F. The Authority shall review the medical marijuana business
application; approve, reject, or deny the application; and mail send
the approval, rejection , denial, or status-update letter to the
applicant in the same method the applic ation was submitted t o the
Authority within ninety (90) business days of receipt of the
application.
G. 1. The Authority shall review the medical marijuana
business applications and, conduct all investigations, inspections ,
and interviews, and collect all license and applica tion fees before
approving the application.
2. Approved applicants shall be iss ued a medical marijuana
business license for the specific category applied under, which
shall act as proof of their approved status. Rejection and denial
Req. No. 2212 Page 37 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
letters shall provide a reason for the rejection or denial.
Applications may only be rejected or den ied based on the applicant
not meeting the standards set forth in the provisions of the
Oklahoma Medical Marijuana and Patient Protection Act and Sections
420 through 426.1 of this title, improper completion of the
application, unpaid license or applicatio n fees, or for a reason
provided for in the Oklahoma Medical Marijuana and Patient
Protection Act and Sections 420 through 426.1 of this title. If an
application is rejected f or failure to provide required information,
the applicant shall have thirty (30) days to submit the required
information for reconsideration. No additional application fee
shall be charged for such reconsideration. Unless the Authority
determines otherwise, an application that has been resubmitted but
is still incomplete or contains errors that are not clerical or
typographical in nature shall be denied.
3. Status-update letters shall provide a reason for delay in
either approval, rejection or denial sho uld a situation arise in
which an application was submitted properly but a delay in
processing the application occurred.
4. Approval, rejection, denial or status -update letters shall
be sent to the applicant in the same method the app lication was
submitted to the Authority.
H. A license for a medical marijuana business, medical
marijuana research facility, medical marijuana education facility or
Req. No. 2212 Page 38 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
medical marijuana waste disposal facility shall not be issued to or
held by:
1. A person until all required fe es have been paid;
2. A person who has been convicted of a nonviolent felony
within two (2) years of the date of application, or within five (5)
years for any other felony;
3. A corporation, if the criminal history of any of its
officers, directors or st ockholders indicates that the officer,
director or stockholder has been convicte d of a nonviolent felony
within two (2) years of the date of application, or within five (5)
years for any other felony;
4. A person under twenty -five (25) years of age;
5. A person licensed pursuant to this section who, during a
period of licensure, or who, at the time of application, has failed
to:
a. file taxes, interest or penalties due related to a
medical marijuana business, or
b. pay taxes, interest or penalties due rel ated to a
medical marijuana business;
6. A sheriff, deputy sheriff, police offi cer or prosecuting
officer, or an officer or employee of the Authority or municipality;
7. A person whose authority to be a caregiver, as defined in
Section 427.2 of this titl e, has been revoked by the Authority; or
Req. No. 2212 Page 39 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
8. A person who was involved in the management or operations of
any medical marijuana business, medical marijuana research facility,
medical marijuana education facility or medical marijuana wa ste
disposal facility that, after the initiation of a disciplinary
action, has had a medical mariju ana license revoked, not renewed, or
surrendered during the five (5) years preceding submission of the
application and for the following violations:
a. unlawful sales or purchase s,
b. any fraudulent acts, falsification of records or
misrepresentation to th e Authority, medical marijuana
patient licensees, caregiver licensees or medical
marijuana business licensees,
c. any grossly inaccurate or fraudulent report ing,
d. threatening or harming any medical marijuana patient,
caregiver, medical practitioner or em ployee of the
Authority,
e. knowingly or intentionally refusing to permit the
Authority access to premises or records,
f. using a prohibited, hazardous subst ance for processing
in a residential area,
g. criminal acts relating to the operation of a medical
marijuana business, or
h. any violations that endanger public health and safety
or product safety.
Req. No. 2212 Page 40 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
I. In investigating the qualifications of an applicant or a
licensee, the Authority and municipalities may have access to
criminal history record informatio n furnished by a criminal justice
agency subject to any restrictions imposed by such an agency.
J. The failure of an applicant or licensee to provide the
requested information b y the Authority deadline may be grounds for
denial of the application.
K. All applicants and licensees shall submit information to the
Authority in a full, faithful, truthful and fair manner. The
Authority may recommend denial of an application where the applicant
or licensee made misstatements, omissions, misrepresentations or
untruths in the application or in connection with the background
investigation of the applicant. This type of conduct may be grounds
for administrative action against the applican t or licensee. Typos
and scrivener errors shall not be grounds for denial.
L. A licensed medical marijuana business premises shall be
subject to and responsible for compliance with applicable provisions
consistent with the zoning whe re such business is l ocated as
described in the most recent versions of the Oklahoma Uniform
Building Code, the International Building Code and the International
Fire Code, unless granted an exemption by a municipality or
appropriate code enforcement entit y.
M. All medical marijuana business, medical marijuana research
facility, medical marijuana educa tion facility and medical marijuana
Req. No. 2212 Page 41 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
waste disposal facility licensees shall pay the relevant licensure
fees prior to receiving licensure to operate.
N. A medical marijuana busin ess, medical marijuana research
facility, medical marijuana education facility or medical marijuana
waste disposal facility that attempts to renew its license after the
expiration date of the license shall pay a late renewal fee in an
amount to be determin ed by the Authority to reinstate the license.
Late renewal fees are nonrefund able. A license that has been
expired for more than ninety (90) days shall not be renewed.
O. No medical marijuana business, medical marijuana research
facility, medical mariju ana education facility or medical marijuana
waste disposal facility shall poss ess, sell or transfer medical
marijuana or medical marijuana products without a valid, unexpired
license issued by the Authority.
P. No more than one medical marijuana commercial grower license
shall be issued for any one property.
Q. The Executive Director of the Authority may promulgate rules
to implement the provisions of this section including, but no t
limited to, required application materials to be sub mitted by the
applicant and utilized by the Authority to determine medical
marijuana business licensing fees pursuant to this section.
SECTION 8. AMENDATORY 63 O.S. 2021, Secti on 427.16, as
last amended by Section 7 of Enrolled House Bill No. 2095 of the 1st
Req. No. 2212 Page 42 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Session of the 59th Oklahoma Legislature (63 O.S. Supp. 2022,
Section 427.16), is amended to read as follows:
Section 427.16. A. There is hereby created a medical marijuana
transporter license as a category of the medical mar ijuana business
license.
B. Pursuant to Section 424 of this title, the Oklahoma Medical
Marijuana Authority shall issue a medical marijuana transporter
license to licensed medical marijuana commercial growers, processors
and dispensaries upon issuance of such licenses and upon each
renewal. Medical marijuana transporter licenses shall also be
issued to licensed medical marijuana research facilities, medical
marijuana education facilities and medical marijuana testing
laboratories upon issuance of such lic enses and upon each renewal.
C. A medical marijuana transporter license may also be issued
to qualifying applicants who are registered with the Secretary of
State and otherwise meet the requirements for a medical marijuana
business license set forth in th e Oklahoma Medical Marijuana and
Patient Protection Act and the requirements set forth in this
section to provide logistics, distribution and storage of medical
marijuana, medical marijuana concentrate and medical marijuana
products.
D. A medical marijuan a transporter license shall be valid for
one (1) year and shall not be transferred with a change of
ownership. A licensed medical marijuana transporter shall be
Req. No. 2212 Page 43 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
responsible for all medical marijuana, medical marijuana concentrate
and medical marijuana pro ducts once the transporter takes control of
the product.
E. A transporter license shall be required fo r any person or
entity to transport or transfer medical marijuana, medical marijuana
concentrate or medical marijuana products from a licensed medical
marijuana business to another medical marijuana business, or from a
medical marijuana business to a medic al marijuana research facility
or medical marijuana education facility.
F. A medical marijuana transporter licensee may contract with
multiple licensed medical marijuana businesses.
G. A medical marijuana transporter may maintain a licensed
premises to temporarily store medical marijuana, medical marijuana
concentrate and medical marijuana products and to use as a
centralized distribution point. A medical marijuana transpor ter may
store and distribute medical marijuana, medical marijuana
concentrate and medical marijuana products from the licensed
premises. The licensed premises shall meet all security
requirements applicable to a medical marijuana business.
H. A medical marijuana transporter licensee shall use the seed-
to-sale tracking system developed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act to create shipping manifests
documenting the transport of medical marijuana, medical marijuana
concentrate and medical marijuana products throughout the state.
Req. No. 2212 Page 44 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
I. A licensed medical ma rijuana transporter may maintain and
operate one or more warehouses in the state to handle medical
marijuana, medical marijuana concentrate and medi cal marijuana
products. Each location shall be registered and inspected by the
Authority prior to its use.
J. With the exception of a lawful transfer between medical
marijuana businesses who are licensed to operate at the same
physical address, all medic al marijuana, medical mari juana
concentrate and medical marijuana products shall be transported:
1. In vehicles equipped with Global Positioning System (GPS)
trackers;
2. In a locked container and clearly labeled “Medical Marijuana
or Derivative”; and
3. In a secured area of the vehicle that is not accessible by
the driver during transit.
K. A transporter ag ent may possess marijuana at any location
while the transporter agent is transferring marijuana to or from a
licensed medical marijuana business, li censed medical marijuana
research facility or licensed medical marijuana education facility.
The Authority shall administer the provisions of this section and
the Authority, the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Oklahoma State Bureau of Investigat ion, and the
Attorney General shall have the authority to enforce the provisions
of this section concerning transportation.
Req. No. 2212 Page 45 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
L. The Authority shall issue a transporter agent license to
individual agents, employees, officers or owners o f a transporter
license in order for the individual to qualify to transport medical
marijuana, medical marijuana concentrate or medical marijuana
products.
M. The annual fee for a transporter agent license shall be
Twenty-five Dollars ($25.00) and shall b e paid by the transpo rter
license holder or the individual applicant. Transporter agent
license reprints shall be Twenty Dollars ($20.00).
N. The Authority shall issue each transporter agent a registry
identification card within thirty (30) days of recei pt of:
1. The name, address and date of birth of the person;
2. Proof of current state residency;
3. Proof of identity as required for a medical marijuana
business license;
4. Possession of a valid stat e-issued driver license;
5. Verification of emplo yment with a licensed transporter;
6. The application and affiliated fee; and
7. A copy of the crimin al background check conducted by the
Oklahoma State Bureau of Investigation, paid for by the applicant.
O. If the transporter agent application is denie d, the
Authority shall notify the transporter in writing of the reason for
denying the registry identif ication card.
Req. No. 2212 Page 46 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
P. A registry identification card for a transporter shall
expire one (1) year after the date of issuance or upon notification
from the holder of the transporte r license that the transporter
agent ceases to work as a transporter.
Q. The Authority may revoke the registry identification card of
a transporter agent who knowingly violates any pro vision of this
section, and the transporter is sub ject to any other pen alties
established by law for the violation.
R. The Authority may revoke or suspe nd the transporter license
of a transporter that the Authority determines knowingly aided or
facilitated a violation of any provision of this section, an d the
license holder is subject to any other penalties established in law
for the violation.
S. Vehicles used in the transport of medical marijuana or
medical marijuana product shall be:
1. Insured at or above the legal requirements in this state;
2. Capable of securing med ical marijuana during transport; and
3. In possession of a shipping container as defined in Section
427.2 of this title capable of securing all transported products.
T. Prior to the transport of any medical marijuana, medical
marijuana concentrate or med ical marijuana products, an inventory
manifest shall be prepared at the originatio n point of the medical
marijuana. The inventory manifest shall include the following
information:
Req. No. 2212 Page 47 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. For the origination point of the medical marijuana :
a. the licensee number for the commercial grower,
processor or dispensary,
b. address of origination of transport, and
c. name and contact information for the originating
licensee;
2. For the end recipient license holder of the medical
marijuana:
a. the license number for t he dispensary, commercial
grower, processor, research facility or education
facility destination,
b. address of the destination, and
c. name and contact information for the desti nation
licensee;
3. Quantities by weight or unit of each type of medical
marijuana product contained in transport;
4. The date of the transport and the approx imate time of
departure;
5. The arrival date and estimated time of arrival;
6. Printed names and signatures of the personnel accompanying
the transport; and
7. Notation of the transporting licensee.
U. 1. A separate inventory manifest shall be prepare d for each
licensee receiving the medical marijuana.
Req. No. 2212 Page 48 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
2. The transporter agent shall provide the other medical
marijuana business with a copy of the inve ntory manifest at the time
the product changes hands and after the other licensee prints his or
her name and signs the inventory manifest.
3. A receiving licensee shall refuse to accept any medical
marijuana, medical marijuana concentrate or medical marij uana
products that are not accompanied by an inventory manifest.
4. Originating and receiving licensee s shall maintain copies of
inventory manifests and logs of quantities of medical marijuana
received for seven (7) years from date of receipt.
SECTION 9. AMENDATORY 63 O.S. 2021, Section 427.17, as
last amended by Section 8 of Enrolled House Bill No. 2095 of the 1st
Session of the 59th Oklahoma Legislature (63 O.S. Supp. 2022,
Section 427.17), is amended to read as follows:
Section 427.17. A. There i s hereby created a medical marijuana
testing laboratory license as a category of t he medical marijuana
business license. The Oklahoma Medical Marijuana Authority , the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Oklahoma State Bureau of Investigation, and the Attorney General are
hereby enabled to monitor, inspec t and audit a licensed testing
laboratory under the Oklahoma Medical Marijuana and Patient
Protection Act.
B. 1. The Authority is hereby authorized to operate a quality
assurance laboratory or to contract with a priva te laboratory for
Req. No. 2212 Page 49 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
the purpose of conducting compliance testing of medical marijuan a
testing laboratories licensed in this state. Any such laboratory
under contract for compliance testing shall be prohibited from
conducting any other commercial medical mar ijuana testing in this
state. The laboratory If the Authority contracts with for
compliance testing a private laboratory to implement the
requirements of this section:
1. The laboratory shall not employ, or be owned by, the
following:
a. any individual that has a direct or indirect interest
in a licensed medical marijuana business, or
b. any individual or his or her spouse, parent, child,
spouse of a child, sibling or spou se of a sibling that
has an application for a medical marijuana business
license pending before the Authority or is a member of
the board of directors of a medical marijuana
business, or is an individual financially interested
in any licensee or medical ma rijuana business located
within this state.; and
2. The private laboratory under contract with the Authority for
compliance testing and a board or committee comprised of licensed
Oklahoma medical marijuana laboratories currently accredited by the
International Organization for Standardization (ISO) shall provide
to the Authority its recommendations for all equipment and standar ds
Req. No. 2212 Page 50 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
to be utilized by licensed medical marijuana testin g laboratories
when testing samples of medical marijuana, medical marijuana
concentrate, and medical marijuana produ cts as well as standard
operating procedures when extracting and testing medical marij uana,
medical marijuana concentrate, and medical marij uana products. The
recommendations shall be submitted to the Authority no later t han
June 1, 2023. The Authority s hall have ninety (90) days from the
date it receives the recommendations to promulgate new rules or
modify its current rules for laboratory standards and testing.
Beginning June 1, 2024, medical marijuana testing laborato ries
renewing their medical mariju ana business license shall be subject
to and comply with any new or modified rules rel ating to the testing
of medical marijuana, medical mar ijuana concentrate, and medical
marijuana products. The refusal or failure of a m edical marijuana
testing laboratory licensee to comply with new or modified rules
relating to laboratory standards and t esting procedures promulgated
under the provisions of this paragraph shall result in the permanent
revocation of the medical marijuana t esting laboratory license.
C. The Authority shall develop acceptable testing practices
including, but not limited to, t esting, standards, quality control
analysis, equipment certification and calibration, and chemical
identification and substances used.
Req. No. 2212 Page 51 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. A person who is a direct benefi cial owner of a medical
marijuana dispensary, medical marijuana commercial grower or m edical
marijuana processor shall not be an owner of a laboratory.
E. A laboratory and a laboratory applicant shall comply with
all applicable local ordinances including, but not limited to,
zoning, occupancy, licensing and building codes.
F. A separate license shall be required for each specific
laboratory.
G. A medical marijuana testing laboratory license may be issued
to a person who performs testing on medical marijuana and medical
marijuana products for medical marijuana businesses, medical
marijuana research facilities, medical marijuana education
facilities, and testing on marijuana and marijuana products grown or
produced by a patient or caregiver on behalf of a patient, upon
verification of registration. A medical marijuana testing
laboratory may also conduct research related to the development and
improvement of its testing practices and procedures. No state -
approved medical marijuana testing facility shall operate unless a
medical laboratory director is on site during operational hours.
H. Laboratory applicants and licensees shall comply with the
application requirements of this section and shall submit such other
information as required for a medical marijuana business applicant,
in addition to any information the Authority may request for ini tial
approval and periodic evaluations during the appr oval period.
Req. No. 2212 Page 52 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
I. A medical marijuana testing laboratory may accept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from a medical marijuana business, medical
marijuana research facility or medical marijuana educatio n facility
for testing purposes only, which purposes may include the provision
of testing services for samples submitted by a medical marijuana
business for product development. The Authority may requi re a
medical marijuana business to submit a sample of medical marijuana,
medical marijuana concentrate or medical marijuana product to a
medical marijuana testing or quality assurance laboratory upon
demand.
J. A medical marijuana testing laboratory may a ccept samples of
medical marijuana, medical marijuana concentrate or medical
marijuana product from an individual person for testing onl y under
the following conditions:
1. The individual person is a patient or caregiver pursuant to
the Oklahoma Medical M arijuana and Patient Protection Act or is a
participant in an approved clinical or observational study conducted
by a research facility; and
2. The medical marijuana testing laboratory shall require the
patient or caregiver to produce a valid patient lice nse and current
and valid photo identification.
K. A medical marijuana testing laboratory may transfer samples
to another medical marij uana testing laboratory for testing. All
Req. No. 2212 Page 53 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
laboratory reports provided to or by a medical marijuana business or
to a patient or caregiver shall identify the medical marijuana
testing laboratory that actually conducted the test.
L. A medical marijuana testi ng laboratory may utilize a
licensed medical marijuana transporter to transport samples of
medical marijuana, medical ma rijuana concentrate and medical
marijuana product for testing, in accordance with the Oklahoma
Medical Marijuana and Patient Protection Act and the rules adopted
pursuant thereto, between the originating medical marijuana business
requesting testing servic es and the destination laboratory
performing testing s ervices.
M. The medical marijuana testing laboratory shall establish
policies to prevent the existence of or appearance of undue
commercial, financial or other influences that may diminish the
competency, impartiality and integrity of the testing processe s or
results of the laboratory, or that may diminish public confidence in
the competency, impartiality and integrity of the testing processes
or results of the laboratory. At a minimum, employees, owne rs or
agents of a medical marijuana testing laboratory who participate in
any aspect of the analysis and results of a sample are prohibi ted
from improperly influencing the testing process, improperly
manipulating data or improperly benefiting from any ongo ing
financial, employment, personal or business relati onship with the
medical marijuana business that provided the sample. A medical
Req. No. 2212 Page 54 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
marijuana testing laboratory shall not test samples for any medical
marijuana business in which an owner, employee or agen t of the
medical marijuana testing laboratory has any form of ownership or
financial interest in the medical marijuana business.
N. The Authority, pursuant to rules promulgated by the
Executive Director of the Authority, shall develop standards,
policies and procedures as necessary for:
1. The cleanliness a nd orderliness of a laboratory premises and
the location of the laboratory in a se cure location, and inspection,
cleaning and maintenance of any equipment or utensils used for the
analysis of test sampl es;
2. Testing procedures, testing standards for cann abinoid and
terpenoid potency and safe levels of contaminants, and remediation
procedures;
3. Controlled access areas for storage of medical marijuana and
medical marijuana product test samples, waste and reference
standards;
4. Records to be retained an d computer systems to be utilized
by the laboratory;
5. The possession, storage a nd use by the laboratory of
reagents, solutions and reference standards;
6. A certificate of analysis (COA) for each lo t of reference
standard;
Req. No. 2212 Page 55 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
7. The transport and disposa l of unused marijuana, marijuana
products and waste;
8. The mandatory use by a la boratory of an inventory tracking
system to ensure all harvest and production batches or samples
containing medical mari juana, medical marijuana concentrate or
medical marijuana products are identified and tracked from the point
they are transferred from a medical marijuana business, a patient or
a caregiver through the point of transfer, destruction or disposal.
The inventory tracking system reporting shall include the resul ts of
any tests that are conducted on medical marijuana, medical marijuana
concentrate or medical marijuana product;
9. Standards of performance;
10. The employment of laboratory personnel;
11. A written standard operating procedure manual to be
maintained and updated by the laboratory;
12. The successful participation in a proficie ncy testing
program approved by the Executive Director for each testing category
listed in this section, in order to obt ain and maintain
certification;
13. The establishment of and adherence to a quality assurance
and quality control program to ensure suf ficient monitoring of
laboratory processes and quality of results reported;
Req. No. 2212 Page 56 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
14. The immediate recall of medical marijua na or medical
marijuana products that test above allow able thresholds or are
otherwise determined to be unsafe;
15. The establishment b y the laboratory of a system to document
the complete chain of custody for samples from receipt through
disposal;
16. The establishment by the laboratory of a system to reta in
and maintain all required records, including business records, and
processes to ensure results are reported in a timely and accurate
manner; and
17. Any other aspect of laboratory testing of medical marijuana
or medical marijuana product deemed necessa ry by the Executive
Director.
O. A medical marijuana testing laboratory shall pro mptly
provide the Authority or designee of the Authority access to a
report of a test and any underlying data that is co nducted on a
sample at the request of a medical mariju ana business or qualified
patient. A medical marijuana testing laboratory shall a lso provide
access to the Authority or designee of the Authority to laboratory
premises and to any material or informati on requested by the
Authority to determine compliance with the requirements of this
section.
P. A medical marijuana testing laboratory shall retain all
results of laboratory tests conducted on marijuana or products for a
Req. No. 2212 Page 57 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
period of at least seven (7) years and shall make them available to
the Authority upon r equest.
Q. A medical marijuana testing laboratory shall test samples
from each harvest batch or product batch, as appropriate, of medical
marijuana, medical marijuana concentrate and medical marijuana
product for each of the following categories of testin g, consistent
with standards developed by the Executive Director:
1. Microbials;
2. Mycotoxins;
3. Residual solvents;
4. Pesticides;
5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
6. Terpenoid type and concentration; and
7. Heavy metals.
R. A licensed medical marijuana testing laboratory shall test
each individual harvest batch. A grower shall separate each harvest
lot of usable marijuana into harvest batches containing no more tha n
fifteen (15) pounds, with the exception of any plant material to be
sold to a licensed processor for the purposes of turning the plant
material into concentrate which may be separated into harvest
batches of no more than fifty (50) pounds. A processor s hall
separate each medical marijuana production lot in to production
batches containing no more than four (4) liters of concentrate or
nine (9) pounds for nonliquid products, and for final products, the
Req. No. 2212 Page 58 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Oklahoma Medical Marijuana Authority shall be authoriz ed to
promulgate rules on final products as necessary. Provided, however,
the Authority shall not require testing of final products les s often
than every one thousand (1,000) grams of THC. As used in this
subsection, “final products” shall include, but n ot be limited to,
cookies, brownies, candies, gummies, beverages and chocolates.
S. Medical marijuana testing laboratory licensure shal l be
contingent upon successful on-site inspection, successful
participation in proficiency testing and ongoing complian ce with the
applicable requirements in this section.
T. A medical marijuana testing laboratory shall be inspected
prior to initial lice nsure and up to two (2) times per year
thereafter by an inspector approved by the Authority. The Authority
may enter the licensed premises of a testing laboratory to conduct
investigations and additional inspections when the Authority
believes an investig ation or additional inspection is necessary due
to a possible violation of applicable laws, rules or regulations.
U. Medical marijuana testing laboratories shall obtain
accreditation by an accrediting body approved by the Executive
Director or the Authority’s quality assurance laboratory within one
(1) year of the date the initial license is issued. Renewal of any
medical marijuana testing laboratory license shall be contingent
upon accreditation in a ccordance with this s ubsection. All medical
marijuana testing laboratories shall obtain accreditation prior to
Req. No. 2212 Page 59 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
applying for and receiving a medical marijuana testing laborato ry
license.
V. Unless authorized by the provisions of this section, a
commercial grower shall not tra nsfer or sell medical marijuana and a
processor shall not transfer, sell or proces s into a concentrate or
product any medical marijuana, medical marijuana concentrate or
medical marijuana product unless samples from each harvest batch or
production batch from which that medical marijuana, medical
marijuana concentrate or medical marijua na product was derived has
been tested by a medical marijuana testing la boratory and passed all
contaminant tests required by the Oklahoma Medical Mariju ana and
Patient Protection Act and applicable laws, rules and regulations.
A licensed commercial growe r may transfer medical marijuana that has
failed testing to a licensed p rocessor only for the purposes of
decontamination or remediation and only in acco rdance with the
provisions of the Oklahoma Medical Marijuana and Patient Protection
Act and the rules and regulations promulgated by the Executive
Director. Remediated and de contaminated medical marijuana may be
returned only to the originating licensed c ommercial grower.
W. Kief shall not be transferred or sold except as authorized
in the rules and regul ations promulgated by the Executive Director.
SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 427.17a of Title 63, unless
there is created a duplicat ion in numbering, reads as fol lows:
Req. No. 2212 Page 60 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
A. The Oklahoma Medical Marijuana Authority may operate a
quality assurance laboratory for the purpose of conducting
compliance testing of medical marijuana businesses licensed in this
state.
B. The Authority shall utilize the quality assurance laboratory
to:
1. Provide recommendations for all equipment and standards to
be utilized by licensed medical marijuana testing laboratories when
testing samples of medical marijuana, medical marijuana concentrate,
and medical marijuana products;
2. Provide standardized operating procedures when procuring,
collecting, extracting, and testing medical marijuana, medical
marijuana concentrate, and medical marijuana products;
3. Procure, handle, transfer, transport, and test samples taken
from medical marijuana licensed businesses;
4. Implement the secret shopper program pursuant to Section
427.25 of Title 63 of the Oklahoma Statutes; and
5. Detect and analyze any compounds that are not among the
targeted analytes and are unknown, unidentified, tentatively
identified, or known and injurious to human he alth if consumed.
C. In order to fulfill the provisions of subsection A of this
section, the Authority may:
Req. No. 2212 Page 61 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
1. Enter into interlocal agreements with any other government
agency pursuant to Section 1001 et seq. of Title 74 o f the Oklahoma
Statutes;
2. Select a laboratory informat ion system through a competitive
bidding process pursuant to Section 85.7 of Title 74 of the Oklahoma
Statutes; or
3. Collect samples from harvest batches that failed testing.
D. The quality assurance laboratory may transport and t ransfer
medical marijuana, medical marijuana concentrate, and medical
marijuana product for testing between the originating medical
marijuana business, the quality assurance laborat ory, and other
licensed medical marijuana testing laboratories pursuant to th is
section.
E. The quality assurance laboratory shall comply with the
provisions of the Oklahoma Medical Marijuana and Patient Protection
Act when transporting samples of medical marijuana, medical
marijuana concentrate, and medical marijuana product for testing
between the originating medical marijuana business, the quality
assurance laboratory, and other licensed medical marijuana testing
laboratories pursuant to this section. Nothing in this section
shall require the quality assurance laboratory to apply for and
receive a license.
F. The Authority shall submit an annual report to the
Legislature on quality assurance activities and results.
Req. No. 2212 Page 62 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
G. The Authority may promulgate rules necessary for the
implementation of a quality assurance laboratory pursuant to this
section.
SECTION 11. AMENDATORY Section 1, Chapter 352, O.S.L.
2022 (63 O.S. Supp. 2022, Se ction 427.25), is ame nded to read as
follows:
Section 427.25. A. The Oklahoma Medical Marijua na Authority
shall implement rules to employ secret shoppers. Secret s hoppers
shall purchase medical marijuana or marijuana products from licensed
medical marijuana dispensaries utilizing cash from the petty cash
fund authorized in Section 5 of this act .
B. For each purchase, the The secret shopper shall buy be
authorized to:
1. Purchase an amount of medical marijuana or marijuana
products sufficient for five two complete compliance tests; or
2. Attempt to purchase medical marijuana or marijuana product s
in order to prove compliance with the Oklahoma Medical Marijuana and
Patient Protection Act or any rule determined by the Authority .
Four samples C. Samples collected pursuant to paragraph 1 of
subsection B of this section shall be tested by licensed me dical
marijuana testing laboratories, one of which shall be the laborat ory
of origin, if applicable, and one of which may be the Authority’s
quality assurance laboratory. One sample shall be kept in reserve
by the Authority in the event of a discrepancy b etween the testing
Req. No. 2212 Page 63 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
laboratories, which may require retesting of the med ical marijuana
or marijuana products. When making purchases from a licensed
medical marijuana dispensary, the secret shopper shall ask for the
certificate of analysis for each product purchased.
C. D. The secret shopper shall deliver the medical marijuan a or
marijuana products to a quality assurance laboratory , which may be
the Authority’s quality assurance laboratory, for homogenization.
Once the samples have been homogenized, the sa mples shall be
delivered to four randomly selected two licensed medical marijuana
testing laboratories, one of which may be the Authority’s quality
assurance laboratory, for compliance testing which shall include the
testing for pesticides, heavy metals, m icrobials, residual solvents
for extracted products, and potency. One sample shall be kept by
the Authority in reserve. If the medical marijuana or marijuana
products were previous ly tested with available results from a
licensed medical marijuana testing laboratory, that testing
laboratory shall be one of the four licensed medical marijuana
testing laboratories chosen by the Authority. For the avoidance of
doubt, neither the licens ed medical marijuana dispensary nor the
licensed medical marijuana testing laboratory shall be told that the
business entity is selling medical marijuana or marijuana products
to a secret shopper or testing samples submitted by a secre t shopper
employed by the Authority and posing as a licensed medical marijuana
patient.
Req. No. 2212 Page 64 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
D. E. The Authority shall inspect, by secret sho pper, a minimum
of fifty licensed medical marijuana dispensaries annually beginning
January 1, 2024. In the year 2025, the Authority shall inspect, by
secret shopper, a minimum of ten percent (10%) of randomly s elected
licensed medical marijuana dispensar ies in Oklahoma per year.
E. F. 1. When the licensed medical marijuana testing
laboratories unanimously confirm test results with safety f ailures
for contaminants, the Authority shall recall the medical marijua na
or marijuana product within seven (7) day s of obtaining the test
results. The name of the licensed medical marijuana dispensary and
any other relevant product information shall be made public via a
press release issued by the Authority. If there is gr eater than one
but less than four contaminant fails among the licensed me dical
marijuana testing laboratories, the Authority shall work with a
quality assurance la boratory to verify th e results of the licensed
medical marijuana testing laboratories and tak e appropriate action.
2. When the average o f total potency or total terp ene results
collected from a licensed medical marijuana testing laboratory for a
particular product is outside the allowable limits, the Authority
shall work with a quality assurance laboratory to verify the results
of the testing laboratory. If results a re verified to be outside
the allowable limits, the Authority shall require relabeling of the
medical marijuana or marijuana products.
Req. No. 2212 Page 65 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
3. All investigative results shall be retained by the Authority
for a minimum of three (3) years.
4. The Authority shal l implement rules to notify any licensed
medical marijuana dispensary and licensed medical marijuana grower
or licensed medical marijuana processor of any investigative results
determined to be noncompliant.
5. After the licensed medical marijuana dispens ary and licensed
medical marijuana grower or licensed medical marijuana processor is
notified of the investigat ive results, such results may be used by
the Authority to take act ion against the licensee, assess fines, or
assess other civil penalties availab le to the Authority.
6. The Authority shall implement rules on sharing such
investigative results with any oth er law enforcement agencies or
regulatory authorities.
7. The Authority may elect to conduct further evaluations of
the investigative results at any time for verification or for other
purposes reasonably related to sanitation, public health, or public
safety.
F. G. The failure of any licensed medical marijuana business to
cooperate with the provisions of this section may result in the
revocation of the license at the discretion of the Authority.
G. H. Any secret shopper performing an y provision of this
section shall not be required to fulfill licensing requirements of
Section 420 of this title for a patient license an d shall be able to
Req. No. 2212 Page 66 1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
enter a dispensary with appropriate authorization as determined by
the Authority.
I. The Authority shall implement rules necessary to enforce the
provisions of this act section.
SECTION 12. This act shall become effective Ju ne 1, 2023.
SECTION 13. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after it s passage and approva l.
59-1-2212 MR 5/24/2023 6:04:35 PM