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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3355 By: Marti
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 426.1, as amended by Section 6,
Chapter 251, O.S.L. 2022 (63 O.S. Sup p. 2023, Section
426.1), which relates to medical marijuana licensure
revocations; providing exception to certificate of
compliance requirements; requiring submission of
certificate of compliance under certain
circumstances; authorizing municipalities to
implement inspection programs; directing the Oklahoma
Medical Marijuana Authority to create a standard
affidavit form; providing for the suspension of
operations; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 426.1, as
amended by Section 6, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 426.1), is amended to read as follows:
Section 426.1 A. All licensure revocation hearings conducted
pursuant to marijuana licenses established in the Oklahoma Statutes
shall be recorded. A party may request a copy of the recording of
the proceedings. Copies shall be provided to local law enforcement
if the revocation was based on alleged criminal activity.
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B. The Oklahoma Medical Marijuana Authority shall assist any
law enforcement officer in the perfor mance of his or her duties upon
such request by the l aw enforcement officer or the request of other
local officials having jurisdiction. Except for license information
concerning licensed patients, as de fined in Section 427.2 of this
title, the Authority shall share information with law enforceme nt
agencies upon request without a subpoena or search warrant.
C. The Authority shall make available all information on
whether or not a medical marijuana patient or caregiver license is
valid to law enforcement electronically t hrough an online
verification system.
D. The Authority shall make available to state agencies and
political subdivisions a list of marijuana-licensed premises,
medical marijuana busi nesses or any other premises where marijuana
or its by-products are licensed to be cultivated, grown, processed,
stored or manufactured to aid state agencies and county and
municipal governments in identifying locations within their
jurisdiction and ensuring compliance with applicable laws, rules and
regulations.
E. Any marijuana-licensed premises, medical marijuana business
or any other premises where marijuana or its by-products are
licensed to be cultivated, grown, processed, stored or manufact ured
shall submit with its application or request to change location,
after notifying the political subdivision of its intent, a
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certificate of compliance from the political subdivision where the
facility of the applicant or licensee is to be located certi fying
compliance with zoning classifications, applicable municipal
ordinances and all applicable safety, electri cal, fire, plumbing,
waste, construction and building specification codes.
Once a certificate of compliance has been submitted to the
Oklahoma Medical Marijuana Authority showing full compliance as
outlined in this subsection, no additional certificate of compliance
shall be required for license renewal unless if the application for
renewal is submitted with an affidavit stating the premises still
comply with zoning classifications, applicable municipal ordinances
and all applicable safety, electrical, fire, plumbing, waste,
construction and building specification c odes. The provisions of
this subsection shall not apply and a certificate of compliance
shall be submitted if a change of use or occupancy occurs, or there
is any change concerning the facility or l ocation that would, by
law, require additional inspection, licensure or permitting by the
state or municipality. Municipalities may implement an inspection
program to verify compl iance of the provisions of this subsection.
The Authority shall create a standard affidavit form as authorized
in this subsection. If an application for renewal is submitted in
violation of the provisions of this subsection or information
provided on the affidavit is in accurate or untrue, the Authority
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shall suspend operations of the licensee until compli ance is
reestablished.
SECTION 2. This act shall become effective November 1, 2024.
59-2-9416 GRS 12/15/23