Oklahoma 2023 Regular Session

Oklahoma Senate Bill SB813 Latest Draft

Bill / Enrolled Version Filed 05/26/2023

                             
 
 
 
An Act 
ENROLLED SENATE 
BILL NO. 813 	By: Garvin of the Senate 
 
  and 
 
  Marti of the House 
 
 
 
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, Secti on 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; remov ing provision 
for fees for reconsideration; providing for 
promulgation of rules for required appl ication 
materials to the Authority prior to determination for 
business licensing fees; amending 63 O.S. 2021 ,   
 
ENR. S. B. NO. 813 	Page 2 
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 . 
 
 
 
SUBJECT:  Medical marijuana regulation and complian ce 
 
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 
provided for in Section 427.14 of this title.  A method of payment   
 
ENR. S. B. NO. 813 	Page 3 
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 
 
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   
 
ENR. S. B. NO. 813 	Page 4 
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 
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: 
   
 
ENR. S. B. NO. 813 	Page 5 
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 
 
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 Correct ions 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   
 
ENR. S. B. NO. 813 	Page 6 
medical marijuana processor.  Furth er, 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 m arijuana 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 
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 m arijuana 
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 gro wers 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:   
 
ENR. S. B. NO. 813 	Page 7 
 
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; 
 
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 
   
 
ENR. S. B. NO. 813 	Page 8 
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. 
 
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   
 
ENR. S. B. NO. 813 	Page 9 
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 
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. 
 
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 Depart ment 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   
 
ENR. S. B. NO. 813 	Page 10 
dispensing, cultivating, processing, testing, tr ansporting, 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 Departmen t 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 Pat ient Protection Act and this title 
including, but not li mited to, the following: 
 
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 governmenta l 
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 appli cable laws, rules, 
and regulations and suspend, revoke, or not renew licenses pursuant 
to applicable laws, rules, and regulations; 
   
 
ENR. S. B. NO. 813 	Page 11 
4.  Issue subpoenas for the appearance or pro duction of persons, 
records, and things in connection with disciplinary or cont ested 
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 faciliti es, education facilities, and 
waste disposal facilities in which medical marijuana is cultivated, 
manufactured, sold, stored, transported, test ed, distributed, or 
disposed of; 
 
7.  Upon action by the f ederal government by which the 
production, sale, and us e 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 contr ol 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, 
   
 
ENR. S. B. NO. 813 	Page 12 
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; 
 
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   
 
ENR. S. B. NO. 813 	Page 13 
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 
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 appointed 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   
 
ENR. S. B. NO. 813 	Page 14 
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. 
 
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: 
 
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;   
 
ENR. S. B. NO. 813 	Page 15 
 
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; 
 
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; 
   
 
ENR. S. B. NO. 813 	Page 16 
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 
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 
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   
 
ENR. S. B. NO. 813 	Page 17 
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: 
 
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   
 
ENR. S. B. NO. 813 	Page 18 
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: 
 
(1) Tier 1:  Up to ten thousand (10,000) square feet 
of canopy, the fee shall be Two Thousand 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) squar e feet 
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 Thousand 
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 
 
(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   
 
ENR. S. B. NO. 813 	Page 19 
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), 
 
(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 commercial grower that has a 
combination of both indoor and outdoor growing 
facilities at one location, the medical marijuana   
 
ENR. S. B. NO. 813 	Page 20 
commercial grower shall be re quired to obtain a 
separate license from the Authority for each type of 
grow operation and shall be subject 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 
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 noncontiguous 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 flowering 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 
 
(3) “light deprivation” means a structure that has 
concrete floors and t he ability to manipul ate 
natural light. 
   
 
ENR. S. B. NO. 813 	Page 21 
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 bio mass or production or use from 
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, transfe r, or sale in 
excess of one thousand one (1,001) liters of cannabis   
 
ENR. S. B. NO. 813 	Page 22 
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 
($2,500.00).  The annual, nonrefundabl e 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 T wenty 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 applicati on to the 
Authority before the app lication may be accepted or considered; 
 
4.  All applications shall be complete and accurate in eve ry 
detail; 
   
 
ENR. S. B. NO. 813 	Page 23 
5.  All applications shall include all attac hments or 
supplemental information required by the forms supplied b y 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 
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   
 
ENR. S. B. NO. 813 	Page 24 
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; 
 
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; 
   
 
ENR. S. B. NO. 813 	Page 25 
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; 
 
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; 
 
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, 
   
 
ENR. S. B. NO. 813 	Page 26 
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 
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. 
   
 
ENR. S. B. NO. 813 	Page 27 
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 
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; 
   
 
ENR. S. B. NO. 813 	Page 28 
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 
 
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 purchas es, 
 
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. 
 
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. 
   
 
ENR. S. B. NO. 813 	Page 29 
J.  The failure of an applicant or licensee to provide the 
requested information by 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 applicant 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 located 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 
waste disposal facility licensees shall pay the relevant licensure 
fees prior to receiving licensure to operate. 
 
N.  A medical marijuana business, 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 determined 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 marijuana 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.   
 
ENR. S. B. NO. 813 	Page 30 
 
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 
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 marijua na 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 
responsible for all medical marijuana, medical marijuana concentrate 
and medical marijuana pr oducts once the transporter takes control of 
the product. 
   
 
ENR. S. B. NO. 813 	Page 31 
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. 
 
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 med ical 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 med ical 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 
   
 
ENR. S. B. NO. 813 	Page 32 
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 busine ss, licensed 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. 
 
L.  The Authority shall issue a transporter agent license to 
individual agents, employees, officers or owners of 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 be 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 receipt 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 employment 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.   
 
ENR. S. B. NO. 813 	Page 33 
 
O.  If the transporter agen t application is denie d, the 
Authority shall notify the transporter in writing of the reason for 
denying the registry identif ication card. 
 
P.  A registry identification card for a transporter shall 
expire one (1) year after the date of issuance or upon no tification 
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 prov ision 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 require ments 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 medi cal 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: 
 
1.  For the origination point of the medical marijuana : 
 
a. the licensee number for the commercial grower, 
processor or dispensary, 
   
 
ENR. S. B. NO. 813 	Page 34 
b. address of origination of transport, and 
 
c. name and contact information for the originating 
licensee; 
 
2.  For the end recipient license hold er 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. 
 
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. 
   
 
ENR. S. B. NO. 813 	Page 35 
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 
the purpose of conducting compliance testing of medical marijuan a 
testing laboratories licensed in this state.  Any such l aboratory 
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 inter ested 
in any licensee or medical ma rijuana business located 
within this state.; and   
 
ENR. S. B. NO. 813 	Page 36 
 
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 
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. 
 
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. 
   
 
ENR. S. B. NO. 813 	Page 37 
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. 
 
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 
   
 
ENR. S. B. NO. 813 	Page 38 
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 
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 
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: 
   
 
ENR. S. B. NO. 813 	Page 39 
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; 
 
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; 
   
 
ENR. S. B. NO. 813 	Page 40 
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; 
 
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 
period of at least seven (7) years and shall make them available to 
the Authority upon r equest. 
   
 
ENR. S. B. NO. 813 	Page 41 
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 plan t 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 i nto production 
batches containing no more than four (4) liters of concentrate or 
nine (9) pounds for nonliquid products, and for final products, the 
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. 
   
 
ENR. S. B. NO. 813 	Page 42 
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 con tingent 
upon accreditation in a ccordance with this s ubsection.  All medical 
marijuana testing laboratories shall obtain accreditation prior to 
applying for and receiving a medical marijuana testing laborato ry 
license. 
 
V.  Unless authorized by the provisio ns 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 require d 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:   
 
ENR. S. B. NO. 813 	Page 43 
 
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: 
 
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. 
   
 
ENR. S. B. NO. 813 	Page 44 
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. 
 
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 
   
 
ENR. S. B. NO. 813 	Page 45 
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 
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. 
 
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. 
   
 
ENR. S. B. NO. 813 	Page 46 
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. 
 
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.   
 
ENR. S. B. NO. 813 	Page 47 
 
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 
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. 
   
 
ENR. S. B. NO. 813 	Page 48 
Passed the Senate the 25th day of May, 2023. 
 
 
  
 	Presiding Officer of the Senate 
 
 
Passed the House of Representatives the 26th day of May, 2023. 
 
 
  
 	Presiding Officer of the House 
 	of Representatives 
 
OFFICE OF THE GOVERNOR 
Received by the Office of the Governor this ____________________ 
day of _________________ __, 20_______, at _______ o'clock _______ M. 
By: _______________________________ __ 
Approved by the Governor of the State of Oklahoma this _____ ____ 
day of _________________ __, 20_______, at _______ o'clock __ _____ M. 
 
 	_________________________________ 
 	Governor of the State of Oklahoma 
 
 
OFFICE OF THE SECRETARY OF STATE 
Received by the Office of the Secretary of State this _______ ___ 
day of __________________, 20 _______, at _______ o'clock _______ M. 
By: _______________________________ __