An Act
ENROLLED HOUSE
BILL NO. 1734 By: Townley and Roe of the
House
and
Garvin of the Senate
An Act relating to medical marijuana; authorizing the
Oklahoma Medical Marijuana Authority to require
fingerprints from owners and employees of com mercial
medical marijuana facilities; specifying when
fingerprints shall be submitted; providing for the
manner of submission; requiring the Oklahoma State
Bureau of Investigation to provide the Authority
certain notice; permitting the Authority access to the
findings of background checks; defining term s;
providing for codification; and declaring an
emergency.
SUBJECT: Medical marijuana
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of la w to be codified
in the Oklahoma Statutes as Section 427.27 of Title 63, unl ess there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Medical Marijuana Authority shall require
owners of medical marijuana facilities to submit their fingerprints
to the Oklahoma State Bureau of Investigation (OSBI) for the p urpose
of conducting a state and federal fingerprint -based criminal
background check.
B. The Authority may require that such fingerprint submissions
be made as part of a medical marijuana facility application, a
medical marijuana facility renewal applicat ion, or an individual ENR. H. B. NO. 1734 Page 2
application for a license or permit authorizing that individual to
be an owner of a medical marijuana facility.
C. Fingerprint cards and any required fees shall be sent to the
OSBI central repository. The fingerprint records shall b e used for
searching the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a federal
criminal record search as provided in Section 150.9 of Title 74 of
the Oklahoma Statutes. The OSBI shall notify the Authority of any
criminal history record information or lack of criminal history
record information discovered on the submitting individual.
Notwithstanding the provisions of Section 150.9b of Title 74 of the
Oklahoma Statutes, all records related to any criminal history
information discovered shall be accessible and available to the
Authority.
D. As used in this section:
1. “Medical marijuana facility ” means an entity lice nsed or
certified by the Authority to acquire, cultivate, process,
manufacture, test, store, sell, transport, or deliver medical
marijuana; and
2. “Owner” means a direct beneficial owner including, but not
limited to, all persons or entities, as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in an
association, ENR. H. B. NO. 1734 Page 3
h. the owners of any other type of legal entity, and
i. any other person holding an interest or convertible
note in any entity, which owns, operates, or manages a
licensed medical marijuana facility.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 42 7.28 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Medical Marijuana Authority shall require all
employees of medical marijuana facilities to submit their
fingerprints to the Oklahoma State Bureau of In vestigation (OSBI)
for the purpose of conducting a state and federal fingerprint -based
criminal background check.
B. The Authority may require that such fingerpr int submissions
be made as part of an individual ’s application for a license,
permit, identification card, or credential authorizing that
individual to be an employee of a medical marijuana facility.
C. Fingerprint cards and any required fees shall be se nt to the
OSBI central repository. The fingerprint records shall be used for
searching the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a federal
criminal record search as provided in Section 150 .9 of Title 74 of
the Oklahoma Statutes. The OSBI shall notify the Authority of any
criminal history record information or lack of criminal history
record information discovered on the submitting individual.
Notwithstanding the provisions of Section 150. 9b of Title 74 of the
Oklahoma Statutes, all records related to any criminal history
information discovered shall be accessible and available to the
Authority.
D. As used in this section:
1. “Employee” means any natural person who:
a. grows, harvests, dries, cures, purchases, sells,
transfers, transports, processes, produces,
manufactures, creates , or packages medical marijuana,
medical marijuana products, or medical marijuana waste
on behalf of or for a licensed medical marijuana
commercial grower, pr ocessor, or dispensary, ENR. H. B. NO. 1734 Page 4
b. samples, trains, or educates on behalf of or for a
licensed medical mar ijuana education or research
facility,
c. disposes of or transports medical marijuana, medical
marijuana products, and medical marijuana waste on
behalf of or for a licensed medical marijuana waste
disposal facility,
d. tests and conducts research on medic al marijuana and
medical marijuana products on behalf of or for a
medical marijuana licensed testing laboratory,
e. transports, stores, distributes, but d oes not take
ownership of, medical marijuana and medical marijuana
products on behalf of or for a lice nsed medical
marijuana commercial transporter,
f. tracks, traces, reports, and inputs any information
into the state inventory tracking system on behalf of
or for a licensed medical marijuana commercial license
holder, or
g. conducts any other additional b usiness for the benefit
of a medical marijuana commercial license holder as
authorized by rules promulgated by the Executive
Director of the Authority, with the exception of
professional services not involv ed in the handling of
medical marijuana, medical m arijuana products, or
medical marijuana concentrates ; and
2. “Medical marijuana facility ” means an entity licensed or
certified by the Authority to ac quire, cultivate, process,
manufacture, test, store, sell, transport, or deliver medical
marijuana.
SECTION 3. 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 its passage and app roval.
ENR. H. B. NO. 1734 Page 5
Passed the House of Representatives the 30th day of May, 2024.
Presiding Officer of the House
of Representatives
Passed the Senate the 25th day of April, 2024.
Presiding Officer of the Senate
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: _________________________________