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ENGROSSED SENATE AMENDMENT
TO
ENGROSSED HOUSE
BILL NO. 1349 By: Fetgatter of the House
and
Garvin of the Senate
[ medical marijuana - Oklahoma Medical Marijuana
Authority Board - Oklahoma Medical Marijuana
Authority - Oklahoma Open Meeting Act - Oklahoma
Open Records Act - Administrative Procedures Act –
codification - effective date ]
AMENDMENT NO. 1. Page 1, strike the stricken title, enacting clause
and entire bill and insert
“An act relating to medical marijuana; creating the
Oklahoma Medical Marijuana Authority Executive
Advisory Council; providing for appointments to the
Council; authorizing Executive Director of the
Oklahoma Medical Marijuana Authority to be chair;
requiring the Authority to provide staff and support;
prescribing terms of office; imposing quorum
requirements for taking official actions; providing
exemption from certain prohibition; stating powers
and duties of the Advisory Council; requiring
Advisory Council to produce certain report; providing
for reimbursement of exp enses pursuant to the State
Travel Reimbursement Act; authorizing meetings;
prescribing minimum number of meetings; stating
manner by which vacancies on the Board shall be
filled; providing for applicability of Oklahoma Open
Meeting Act, Oklahoma Open Reco rds Act, and
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Administrative Procedures Act; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.27 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the Oklahoma Medical Marijuana
Authority Executive Advisory Council.
B. The Oklahoma Medical Marijuana Authority Ex ecutive Advisory
Council shall consist of the following members and all appointees
shall serve their terms at the pleasure of the appointing authority
and may be removed or replaced without cause:
1. One member appointed by the Governor to represent all
citizens of this state;
2. One member appointed by the Speaker of the House of
Representatives who shall be a citizen from a county with a
population under twenty -five thousand (25,000) persons, as
determined by the latest Federal Decennial Census;
3. One member appointed by the President Pro Tempore of the
Senate who shall be a citizen from a municipality with a population
in excess of seventy -five thousand (75,000) persons, as determined
by the latest Federal Decennial Census;
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4. One member who is a cur rent medical marijuana business
license holder appointed by the Speaker of the House of
Representatives;
5. One member who is a current medical marijuana business
license holder appointed by the President Pro Tempore of the Senate;
and
6. One member appointed by the Governor who holds a medical
marijuana patient license.
C. The Executive Director of the Oklahoma Medical Marijuana
Authority shall chair the Advisory Council and provide staff and
administrative support to the Advisory Council.
D. The Advisory Council shall select a co -chair from the
membership of the Advisory Council.
E. Each member of the Advisory Council shall serve a term of
four (4) years from the date of appointment. Members of the
Advisory Council shall not serve more than two conse cutive terms.
F. A majority of the members of the Advisory Council shall
constitute a quorum for the transaction of business and for taking
any official action. Official action of the Advisory Council must
have a favorable vote by a majority of the membe rs present.
G. Appointed members who serve on the Advisory Council shall be
exempt from dual-office-holding prohibitions pursuant to Section 6
of Title 51 of the Oklahoma Statutes.
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H. The Advisory Council may advise the Authority of recommended
changes to state policy, rules, or statutes.
I. The Advisory Council shall prepare and issue a report of its
findings and recommendations electronically to the Governor,
President Pro Tempore, and Speaker of the House by November 1, 2025,
and each year thereafter no later than November 1 of each year.
J. Members appointed pursuant to subsection B of this section
shall serve without compensation but shall be reimbursed for
expenses incurred in the performance of their duties in accordance
with the State Travel Reim bursement Act.
K. The Oklahoma Medical Marijuana Authority Executive Advisory
Council shall meet as often as necessary to conduct business but
shall meet not less than four times a year, with an organizational
meeting to be held prior to January 1, 2025.
L. Any vacancy occurring on the Oklahoma Medical Marijuana
Authority Executive Advisory Council shall be filled for the
unexpired term of office in the same manner as provided for in
subsection B of this section.
M. The Advisory Council shall act in acco rdance with the
provisions of the Oklahoma Open Meeting Act, the Oklahoma Open
Records Act, and the Administrative Procedures Act.
SECTION 2. This act shall become effective November 1, 2024. ”
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Passed the Senate the 25th day of April, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2024.
Presiding Officer of the House
of Representatives
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ENGROSSED HOUSE
BILL NO. 1349 By: Fetgatter of the House
and
Garvin of the Senate
[ medical marijuana - Oklahoma Medical Marijuana
Authority Board - Oklahoma Medical Marijuana
Authority - Oklahoma Open Meeting Ac t - Oklahoma
Open Records Act - Administrative Procedures Act –
codification - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statut es as Section 427.26 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. There is hereby created the Oklahoma Medical Marijuana
Authority Board.
B. The Oklahoma Medical Marijuana Author ity Board shall consist
of the following members and all appointee s shall serve their terms
at the pleasure of the appointing authority and may be removed or
replaced without cause:
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1. One member appointed by the Governor who shall be a chief of
police of a municipality with a population over one hundred thousand
(100,000), as determined by the latest Federal Decennial Census;
2. One member appointed by the Governor who shall be a sheriff
of a county with a population under twenty -five thousand (25,000),
as determined by the latest Feder al Decennial Census;
3. One member who is a district attorney appointed by the
Governor selected from a list submitted by the District Attorneys
Council;
4. One member who is a licensed physician appointed by the
Governor selected from a list su bmitted by the State Board of
Medical Licensure and Supervision;
5. One member who is a licensed medical marijuana commercial
grower appointed by the Governor selected from a list submitted by
the Oklahoma Medical Marijuana Authority;
6. One member who is a licensed medical marijuana processor
appointed by the Speaker of the Oklahoma House of Representatives
selected from a list submitted by the Oklahoma Medica l Marijuana
Authority;
7. One member who is a licensed medical marijuan a dispensary
owner appointed by the Speaker of the Oklahoma House of
Representatives selected from a list submitted by the Oklahoma
Medical Marijuana Auth ority;
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8. One member who is a licensed medical marijuana transporter
appointed by the President Pro T empore of the Oklahoma State Senate
selected from a list submitted by the Oklahoma Medical Marijuana
Authority; and
9. One member who is a licensed medic al marijuana testing
laboratory owner appointed by the President Pro Tempore of the
Oklahoma State Senate selected from a list su bmitted by the Oklahoma
Medical Marijuana Authority.
C. Each member of the Oklahoma Medical Marijuana A uthority
Board shall serve a term of four (4) years from the date of
appointment. Members of the Board shall not serve more than two
consecutive terms. The Executive Director of the Oklahoma Medical
Marijuana Authority shall be an ex officio member of th e Board, but
shall be entitled to vote only in case of a tie vote.
D. A chair and vice -chair shall be elected annually from the
membership of the Okl ahoma Medical Marijuana Aut hority Board. A
majority of the members of the Board shall constitute a quor um for
the transaction of business and for taking any official action.
Official action of the Board must have a favorable vote by a
majority of the memb ers present.
E. Appointed members who serve on the Board shall be exempt
from dual-office-holding prohibitions pursuant to Secti on 6 of Title
51 of the Oklahoma Statutes.
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F. The Oklahoma Medical Marijuana Authority Board shall be the
rulemaking body for the Oklahoma Medical Mariju ana Authority and
shall have the power and duty to:
1. Establish the policie s of the Oklahoma Medical Marijuana
Authority; and
2. Adopt and promulgate rules as necessary and appropriate to
carry out the duties and responsibilit ies of the Oklahoma Medical
Marijuana Authority.
G. Members appointed pursuant to subsection B of thi s section
shall serve without compensation but shall be reimbursed for
expenses incurred in the performance of their duties in ac cordance
with the State Travel Reimbursement Act.
H. The Oklahoma Medical Marijuana Authority Board shall meet as
often as necessary to conduct business but shall meet not less than
four times a year, with an organizational meeting to be held prior
to January 1, 2024. In addition, special meetings may b e called by
the Executive Director of the Oklahoma Medical Marijuana Authori ty.
I. Any vacancy occurrin g on the Oklahoma Medical Marijuana
Authority Board shall be filled for the unexpired term of office i n
the same manner as pr ovided for in subsection B of this section.
J. The Oklahoma Medical Marijuana Authority shall provid e
clerical staff to perform de signated duties of the Oklahoma Medical
Marijuana Authority Board. The Oklahoma Medical Marijuana Aut hority
shall also provide space for meetings of the Board.
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K. The Oklahoma Medical Marijuana Authority Board shall act in
accordance with the provisions of the Oklahoma Open Meeting Act, the
Oklahoma Open Records Act and the Administrative Procedures Act.
SECTION 4. This act shall become effective November 1, 2023.
Passed the House of Representatives the 13th day of March, 2023.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2023.
Presiding Officer of the Senate