Req. No. 161 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF OKLAHOMA 1st Session of the 59th Legislature (2023) SENATE BILL 116 By: Bullard AS INTRODUCED An Act relating to medical marijuana; amending 63 O.S. 2021, Section 425, as last amended by Section 2, Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022, Section 425), which relates to discrimination against medical marijuana license holder; prohibiting certain medical marijuana facilities from operating in certain areas; amending 63 O.S. 2021, Section 427.2, as last amended by Section 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022, Section 427.2), which relates to definitions; adding definition; updating statutory languag e; and providing an effective date . BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOM A: SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as last amended by Section 2, Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022, Section 425), is amended to read as follows: Section 425. A. No school or landlord may refuse to enr oll or lease to and may not otherwise penalize a person solely for his or her status as a medical marijuana patient licensee, unless failing to do so would cause the school or landlord the potential to lose a monetary or licensing-related benefit under fed eral law or regulations. Req. No. 161 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 B. Unless a failure to do so would cause an employer the potential to lose a monetary or licensing -related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or impos ing any term or condition of employment or otherwise penalize a person based upon the status of the person as a medical marijuana patient licensee. Employers may take action against a medical marijuana patient licensee if the licensee uses or possesses ma rijuana while in his or her place of employment or during the hours of employment. Employers may not take action against a medical marijuana patient licensee solely based upon the status of an employee as a medical mari juana patient licensee or the result s of a drug test showing positive for marijuana or its components. C. For the purposes of medical care, including organ transplants, the authorized use of marijuana by a medical marijuana patient licensee shall be consi dered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care. D. No medical marijuana patient l icensee may be denied custody of or visitation or parenting t ime with a minor child, and there is no presumption of neglect or child endangerment for conduct allowed under this law unless the behavior of the medical mariju ana patient Req. No. 161 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 licensee creates an un reasonable danger to the safety of t he minor child. E. No person who possesses a medical marijuana patient license may be unduly withheld from holding another state -issued license by virtue of his or her status as a medi cal marijuana patient licensee including, but not limited to, a conceal ed carry permit. F. 1. No city or local municipality may unduly change or restrict zoning laws to prevent the opening of a medical marijuana dispensary. 2. For purposes of this sub section, an undue change or restriction of municipal zoning laws means an act which entirely prevents medical marijuana dispensaries from operating within municipal boundaries as a matter of law. Municipalities may follow their standard planning and zonin g procedures to determine if certain zones or districts would be appropri ate for locating marijuana-licensed premises, medical marijuana businesses or any other premises where marijuana or its by -products are cultivated, grown, processed, stored or manufac tured. 3. A medical marijuana dispen sary does not include those other entities licensed by the Ok lahoma Medical Marijuana Authority as marijuana-licensed premises, medical marijuana businesses or other facilities or locations where marijuana or any produ ct containing marijuana or its by-products are cultivated, grown, processe d, stored or manufactured . Req. No. 161 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 G. 1. The location of any medical marijuana dispensary is specifically prohibited within one thousand (1,000) feet of any public school or private school . The distance indicated in this paragraph shall be measured from the nea rest property line of suc h public school or private school to the nearest perimeter wall of the licensed premises of such medical marijuana dispensary. If a medical marijuana dispen sary met the requirements of this para graph at the time of its initial lic ensure, the medical marij uana dispensary licensee shall be permitted to continue operating at the licensed premises in the same manner and not be subject to nonrenewal or revocation due to subsequent events or changes in regulations occurring after licensu re that would render the medical marijuana dispensary in violation by being within one thousand (1,000) feet of a public school or private school. If any public school or private sc hool is established within one thousan d (1,000) feet of any medical mariju ana dispensary after such medical marijuana dispensary has been licensed, the provisions of this paragraph shall not be a deterrent to the renewal of such license or warrant revocation of the license. For purposes of th is paragraph, a property owned, used or operated by a public school or by a private school that is not used for classroom instruction on core curriculum, such as an administrative building, athletic facility, ballpark, field or stadium, shall not constitut e a public school or Req. No. 161 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 private school unless such property is l ocated on the same campus as a building used for classroom instruction on core curriculum. 2. The location of any medical marijuana commercial grower shall not be within one thousand (1,000) fee t of any public school or private school as measured from the nearest property line of such public school or private school to the nearest property line of the licensed premises of such medical marijuana commercial gr ower. Additionally, the location of th e medical marijuana commercial grower shall not adjoin to any public school or private school or be located at the same physical address as the public school or private school. If a medical marijuana commercial growe r met the requirements of this paragrap h at the time of its initial licensu re, the medical marijuana commercial grower licensee shall be permitted to continue operating at the licensed premises in the same manner and not be subject to nonrenewal or revocat ion due to subsequent events or changes in regulations occurring after lice nsure that would render the medical marijuana commercial grower in violation of this paragraph. If any public school or private school is established within one thousand (1,000) fe et of any medical marijuana commercial grower after such medical marijuana commercial grower has been licensed, or if any public school or private school is established adjoining to or at the same physical address as any medical marijuana commercial grower after such medical marijuana commercial grower has been licensed, the prov isions of this Req. No. 161 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 paragraph shall not be a deterrent to the renewal of such license or warrant revocation of the license. For purposes of this paragraph, a property owned, used, or op erated by a public school or by a private school that is not used for class room instruction on core curriculum, such as an administrative building, athletic facility, ballpark, field, or stadium, shall not constitute a public school or private school unles s such property is located on the same campus as a building used for classr oom instruction on core c urriculum. H. The location of any medical marijuana commercial grower shall not be within one thousand (1,000) feet of any place of worship as defined in paragraph 50 of Section 427.2 of this ti tle as measured from the nearest pro perty line of such place of worship to the nearest property line of the licensed premises of such medical marijuana commercial gr ower. Additionally, the location of the medical marijuana commercial grower shall not adjo in to any place of worship or be located at the same physical address as the place of worship. If a medical marijuana commercial growe r met the requirements of this paragraph at the time of its initial licensure, the medical marijuana commercial grower li censee shall be permitted to continue operating at the licens ed premises in the same manner and not be subject to nonrenewal or revocat ion due to subsequent events or changes in regulations occurring after licensure that would render the medical marijuana commercial grower in violation of this paragraph. If any place of worship is established within one Req. No. 161 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 thousand (1,000) feet of any medical marijuana commercial grower after such medical marijuana commercial grower has been licensed, or if any place of worship is established adjoining to or at the same physical address as any medical marijuana commercial grower after such medical marijuana commercial grower has been licensed, the provisions of this paragraph shall not be a deterrent to the renewal of such license or warrant revocation of the li cense. For purposes of this paragraph, a property owned, used, or op erated by a place of worship that is not used on a full-time basis for worship, such as any administrative building, office space, or storage facility, shall constitute a place of worship. I. Research shall be provided for under this law. A researcher may apply to the State Departmen t of Health for a special research license. The research license shall be granted, provided the applicant meets the criteria liste d in the Oklahoma Medical Marijuana and Patient Pro tection Act. Research licensees shall be required to file monthly consumption repo rts to the State Department of Health with amounts of marijuana used for research. Biomedical and clinical research which is subject to federal regulations and institutional oversight shall not be subject to oversight by the State Department of Health. SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.2, as last amended by Section 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022, Section 427.2), is ame nded to read as follows: Req. No. 161 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Section 427.2. As used in the Oklahoma Medical Marijuana and Patient Protection Act: 1. “Advertising” means the act of providing consideration for the publication, dis semination, solicitation or circulation, of visual, oral or written communication to induce directly or indirectly any person to patronize a particular medical marijuana business, or to purchase particular medical marijuana or a medical marijuana product. Advertising includes marketing, but does not include packaging and labeling; 2. “Authority” means the Oklahoma Medical Marijuana Authority; 3. “Batch number” means a unique numeric or alphanumeric identifier assigned prior to testing to allow for inventory tracking and traceability; 4. “Cannabinoid” means any of the chemical compounds that are active principles of marijuana; 5. “Caregiver” means a family member or assistant who regularly looks after a medical marijuana license holde r whom a physician attests needs assistance; 6. “Child-resistant” means special packaging that is: a. designed or construc ted to be significantly difficult for children under five (5) years of age to open and not difficult for normal adults to use properl y as defined by 16 C.F.R. 1700.15 (1995) and 16 C.F .R. 1700.20 (1995), Req. No. 161 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 b. opaque so that the outermost packaging does not a llow the product to be seen without opening the packaging material, and c. resealable to maintain its child-resistant effectiveness for multiple openings for any product intended for more than a single use or containing multiple servings; 7. “Clone” means a nonflowering plant cut from a mother plant that is capable of developing into a new plant and has shown no signs of flowering; 8. “Commissioner” means the State Commissioner of Health; 9. “Complete application” means a document prepared in accordance with the provisions set forth in the Oklahoma Medical Marijuana and Patient Protection Act, rules promulgated pursuant thereto, and the forms and instructions provided by the Departmen t including any supporting documentation required and the applicable license application fee; 10. “Department” means the State Department of Health; 11. “Director” means the Executive Director of th e Oklahoma Medical Marijuana Authority; 12. “Dispense” means the selling of medical marijuana or a medical marijuana product to a qualified patient or the designated caregiver of the patient that is packaged in a suitable container Req. No. 161 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 appropriately labeled for subsequent administration to or use by a qualifying patient; 13. “Dispensary” means a medical marijuana dispensary, an entity that has been licensed by the Department pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to purchase medical marijuana or medical marijuana products from a lice nsed medical marijuana commercial grower or medical marijuana processor, sell medical marijuana or medical marijuana products to patients and caregivers as defined under the Oklahoma Medical Marijuana and Patient Protection Act, or sell or transfer products to another dispensary; 14. “Edible medical marijuana product” means any medical- marijuana-infused product for which the intended use is oral consumption including, but not limited to, any type of food, drink or pill; 15. “Entity” means an individual, g eneral partnership, limited partnership, limited liability company, trus t, estate, association, corporation, cooperative or any other legal or commercial entity; 16. “Flower” means the reproductive organs of the marijuana or cannabis plant referred to as the bud or parts of the plant that are harvested and used to consume in a variety of medical marijuana products; Req. No. 161 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 17. “Flowering” means the reproductive state of the marijuana or cannabis plant in which th ere are physical signs of flower or budding out of the nodes of the stem; 18. “Food-based medical marijuana concentrate ” means a medical marijuana concentrate that was produced by extracting cannabinoids from medical marijuana through the use of propylene glycol, glycerin, butter, olive oil, coconut oil o r other typical food-safe cooking fats; 19. “Good cause” for purposes of an initial, renewal or reinstatement license application, or for purposes of discipline of a licensee, means: a. the licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions or provisions of the act, an y rules promulgated pursuant thereto, or any supplemental relevant state or local law, rule or regulation, b. the licensee or applica nt has failed to comply with any special terms or c onditions that were placed upon the license pursuant to an order of the State Department of Health, Oklahoma Medical Marijuana Authority or the municipality, or c. the licensed premises of a medical mariju ana business or applicant have been operated in a m anner that adversely affects the public health or welfare or the Req. No. 161 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 safety of the immediate vicinity in which the establishment is located; 20. “Harvest batch” means a specifically identified quantity of medical marijuana that is uniform in strain, cultivate d utilizing the same cultivation practices, harvested at the same time f rom the same location and cured under uniform conditions; 21. “Harvested marijuana” means post-flowering medical marijuana not including trim, concentrate or waste ; 22. “Heat- or pressure-based medical marijuan a concentrate” means a medical marijuana con centrate that was produced by extracting cannabinoids from medical marijuana through the use of heat or pressure; 23. “Immature plant” means a nonflowering marijua na plant that has not demonstrated signs of flow ering; 24. “Inventory tracking system ” means the required tracking system that accounts for medical marijuana from either the seed or immature plant stage until the medical mar ijuana or medical marijuana product is sold to a pa tient at a medical marijuana dispensary, transferred to a medical mariju ana research facility, destroyed by a medical marijuana business or used in a research project by a medical marijuana research facili ty; 25. “Licensed patient” or “patient” means a person who has been issued a medical marijuana patient license by the Stat e Department of Health or Oklahoma Medical Marijuana Authority; Req. No. 161 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 26. “Licensed premises” means the premises specified in an application for a medical marijuana busi ness license, medica l marijuana research facilit y license or medical marijuana education facility license pursuant to the Oklahoma Medical Marijuana and Patient Protection Act that are owned or in possession of the licensee and within which the licensee is authorized to cultivate, manufacture, distribut e, sell, store, transport, test or research medical marijuana or medical marijuana products in accordance with the provisions of the Oklahoma Medical Marijuana and Patient Protection Act and rules promulgated pursuant thereto; 27. “Manufacture” means the production, propagation, compounding or processing of a medical marijuana product, excluding marijuana plants, either directly or indirectly by extraction from substances of natural or synthetic origin, or in dependently by means of chemical synthesis, or b y a combination of extraction and chemical synthesis; 28. “Marijuana” shall have the same meaning as such term is defined in Section 2-101 of this title and shall not includ e any plant or material containing delta-8 or delta-10 tetrahydrocannabinol which is grown, processed or sold pursuant to the provisions of the Oklahoma Industrial Hemp Program; 29. “Material change” means any change that would require a substantive revision to the standard operating proc edures of a Req. No. 161 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 licensee for the cultivation or prod uction of medical marijuana, medical marijuana concentrate or medical marijuana products; 30. “Mature plant” means a harvestable female marijuana plant that is flowering; 31. “Medical marijuana business (MM B)” means a licensed medical marijuana dispensary, medical marijuana processor, medical mari juana commercial grower, medical marijuana laboratory, medical marijuana business operator or a medical marijuana transporter; 32. “Medical marijuana concentrate ” or “concentrate” means a specific subset of medi cal marijuana that was produced by extractin g cannabinoids from medical marijuana. Categories of medical marijuana concentrate include water-based medical marijuana concentrate, food-based medical marijuana concentrate, solvent-based medical marijuana con centrate, and heat- or pressure-based medical marijuana concentrate; 33. “Medical marijuana commercial grower” or “commercial grower” means an entity licensed to cultiv ate, prepare and package medical marijuana and transfer or contract for transfer medica l marijuana to a medical marijuana dispensar y, medical marijuana processor, any other medical marijuana commercial grower, medical marijuana research facility, medical m arijuana education facility and pesticide manufacturers. A commercial grower may sell seeds, flower or clones to commercial grower s pursuant to the Oklahoma Medical Marijuana and Patient Protection Act; Req. No. 161 Page 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 34. “Medical marijuana education facility ” or “education facility” means a person or entit y approved pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to operate a facility providing training and education to individuals involving the cultivation, growing, harvesting, curing, preparing , packaging or testing of medical mariju ana, or the production, manufacture, extraction, processing, packaging or creation of medica l-marijuana- infused products or medical marijuana products as described in the Oklahoma Medical Marijuana and Patient Protec tion Act; 35. “Medical-marijuana-infused product” means a product infused with medical marijuana including, but not limited to , edible products, ointments and tinctures; 36. “Medical marijuana product” or “product” means a product that contains cannabi noids that have been extracted from plant material or the resin therefrom by physical or c hemical means and is intended for administration to a qualified patient including, but not limited to, oils, tinctures, edibles, pills, topical forms, gels, creams, vapors, patches, liquids and forms administered by a nebulizer, excluding live plant forms which are considered medical marijuana; 37. “Medical marijuana processor” means a person or entity licensed pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to operate a business includi ng the production, manufacture, extraction, proc essing, packaging or creation of Req. No. 161 Page 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 concentrate, medical-marijuana-infused products or medical marijuana products as described in the Oklahoma Medical Marijuana and Pat ient Protection Act; 38. “Medical marijuana research facility” or “research facility” means a person or entity approved pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to conduct medical marijuana research. A medical marijuana rese arch facility is not a medical marijuana business; 39. “Medical marijuana testing laborator y” or “laboratory” means a public or private laboratory licensed pursuant to the Oklahoma Medical Marijuana and Patient Protection Act, to conduct testing and research on medical marijuana and medical marijuana products; 40. “Medical marijuana transporter ” or “transporter” means a person or entity that is licensed pursuant to the Oklahoma Medical Marijuana and Patient Protection Act. A medical marijuana transporter does not include a medical marijuana busine ss that transports its own medical mariju ana, medical marijuana concentrate or medical marijuana products to a property or facility adjacent to or connected to the licensed premises if the property is another licensed premises of the same medical marijuana business; 41. “Medical marijuana waste ” or “waste” means unused, surplus, returned or out-of-date marijuana, plant debris of the plant of the genus Cannabis including dead plants and all unused plant parts a nd Req. No. 161 Page 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 roots, except the term shall not include roo ts, stems, stalks and fan leaves; 42. “Medical use” means the acquisition, possession, use, delivery, transfer or transportation of medical marijuana, medical marijuana products, medical marijuana devices or paraphernalia relating to the administration of medical marijuana to treat a licensed patient; 43. “Mother plant” means a marijuana plant that is grown or maintained for the purpose of generating clones, and that will not be used to produce plant materi al for sale to a medical marijuana processor or medical marijuana dispensary; 44. “Oklahoma physician” or “physician” means a physician licensed by and in good standing with the State Board of Medical Licensure and Supervision, the State Board of Osteopathic Examiners or the Board of Podiatric Medical E xaminers; 45. “Oklahoma resident” means an individual who can provide proof of residency as required by the Oklahoma Medical Marijuana and Patient Protection Act; 46. “Owner” means, except where the context otherwise requires, a direct beneficial owner i ncluding, 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, Req. No. 161 Page 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 c. all general partners and all limited partn ers that own an interest in a limited partnership, d. all members that own an interest in a li mited 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 inter est in a joint venture, g. all persons or entities that own an interest in an association, 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 facility; 47. “Package” or “packaging” means any container or wrapper that may be used by a medical marijuana business to enclose or contain medical marijuana; 48. “Person” means a natural person, partnership, association, business trust, compa ny, corporation, estate, limited liability company, trust or any other legal entity or organization, o r a manager, agent, owner, director, servant, officer or employee thereof, except that person does not include any governmental organization; Req. No. 161 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 49. “Pesticide” means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any pest or any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant, except t hat the term pesticide shall not include any article that is a “new animal drug” as designated by the United States Food and Drug Administration; 50. “Place of worship” means any permanent building, str ucture, facility, or office space ow ned, leased, or rented on a full-time basis, and used weekly for worship services, activities, or business of the congregation, which shall include, but not be limited to, churches, temples, synagogues, and mosques; 51. “Production batch” means: a. any amount of medical marijuana concentrate of the same category and produced using the same extraction methods, standard operating procedures and an identical group of harvest batch of medical marijuana, or b. any amount of medical marijuana product of the same exact type, produced using the same ingredients, standard operating procedures and the same production batch of medical marijuana concentrate; 51. 52. “Public institution” means any entity established or controlled by the federal government, state government, or a local Req. No. 161 Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 government or municipality including, but not limited t o, institutions of higher education or related research institutions; 52. 53. “Public money” means any funds or money obtained by the holder from any governmental entity including, but not limited to, research grants; 53. 54. “Recommendation” means a document that is signed or electronically submitted by a physician on behalf of a patient for the use of medical marijuana pursuant to the Oklahoma Medical Marijuana and Patient Protection Act; 54. 55. “Registered to conduct business” means a person that has provided proof that the business applicant is in good standing with the Secretary of State and Oklahoma Tax Commission; 55. 56. “Remediation” means the process by which the medical marijuana flower or trim, which has failed microbial testing, is processed into solvent-based medical marijuana concentrate and retested as required by the Oklahoma Medical Marijuana and Patient Protection Act; 56. 57. “Research project” means a discrete scientific endeavor to answer a research question or a set of research questions rel ated to medical marijuana and is required fo r a medical marijuana research license. A research project shall include a description of a defined protocol, clearly articulated goals, defined methods and outputs, and a defined start and end date. The descri ption shall demonstrate that the research pr oject will comply with all Req. No. 161 Page 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 requirements in the Oklahoma Medical Marijuana and Patient Protection Act and rules promulgated pursuant thereto. All research and development conducted by a medical marijuana research facility shall be conducted in furtherance of an approved research projec t; 57. 58. “Revocation” means the final decision by the Department that any license issued pursuant to the Oklahoma Medical Marijuana and Patient Protection Act is rescinded because the individual or entity does not comply with the appl icable requirements set forth in the Oklahoma Medical Marijuana and Patient Protection Act or rules promulgated pursuant thereto; 58. 59. “School” means a public or private preschool, a public or private elementary or secondary school, or a technology center school which is primarily used for classroom instruction. A homeschool, daycare or child-care facility shall not be considered a “school” as used in the Oklahoma Medical Marijuana and Patient Protection Act; 59. 60. “Shipping container” means a hard-sided container with a lid or other enclosure that can be secured in place. A shipping container is used solel y for the transport of medical marijuana, medical marijuana concentrate, or medical marijuana products between medical marijuana businesses, a medical marijuana research facility, or a medical marijuana education facility; 60. 61. “Solvent-based medical marijuana concentrate” means a medical marijuana concentrate that was produced by extracting Req. No. 161 Page 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 cannabinoids from medical marijuana through the use of a solvent approved by the Department; 61. 62. “State Question” means Oklahoma State Question No. 788, Initiative Petition No. 412, approved by a majority vote of the citizens of Oklahoma on June 26, 2018; 62. 63. “Strain” means the classification of marijuana or cannabis plants in either pure sati va, indica, afghanica, ruderalis or hybrid varieties; 63. 64. “THC” means tetrahydrocannabinol, which is the primary psychotropic cannabinoid in marijuana formed by dec arboxylation of naturally tetrahydrocannabinolic acid, which generally occurs by exposure to heat; 64. 65. “Test batch” means with regard to usable marijuana, a homogenous, identified quantity of usable marijuana by strain, no greater than ten (10) pounds, t hat is harvested during a seven-day period from a specified cultivation area, and with regard to oils, vapors and waxes derived from usable marijuana, means an identifie d quantity that is uniform, that is intended to meet specifications for identity, strength and composition, and that is manufactured, packaged and labeled during a specified time period according to a single manufacturing, packaging and labeling protocol; 65. 66. “Transporter agent” means a person who transports medical marijuana or medical marijuana products for a licensed Req. No. 161 Page 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 transporter and holds a transporter agent license pursuant to the Oklahoma Medical Marijuana and Patient Protection Act; 66. 67. “Universal symbol” means the image established by the State Department of Health or Oklahoma Medical Marijuana Authority and made available to l icensees through its website indicating that the medical marijuana or the medical marijuana product contains THC; 67. 68. “Usable marijuana” means the dried leaves, flowers, oils, vapors, waxes and other portions of the mariju ana plant and any mixture or preparation thereof, exc luding seeds, roots, stems, stalks and fan leaves; and 68. 69. “Water-based medical marijuana concentrate ” means a concentrate that was produced by extracting cannabinoids from medical marijuana through the use of only water, ice or dry ice. SECTION 3. This act shall become effect ive November 1, 2023. 59-1-161 MR 1/3/2023 4:30:09 PM