Oklahoma 2024 2024 Regular Session

Oklahoma Senate Bill SB116 Introduced / Bill

Filed 01/03/2023

                     
 
 
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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.   
 
 
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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   
 
 
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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 .   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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:   
 
 
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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),   
 
 
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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   
 
 
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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;   
 
 
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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   
 
 
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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;   
 
 
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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   
 
 
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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;   
 
 
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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   
 
 
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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   
 
 
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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,   
 
 
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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;   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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   
 
 
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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