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SENATE FLOOR VERSION
February 19, 2024
SENATE BILL NO. 1635 By: Coleman
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. Supp. 2023, Section
426.1), which relates to licensure revocation ;
requiring an affidavit for license renewal or for
change of premises; permitting municipalities to
implement inspection program; providing for
promulgation of rules of affidavit submittal;
authorizing the Oklahoma Medical Marijuana Authority
to suspend licensee’s operations for noncompliance;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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 performance 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 the licensee shall only need to submit an
affidavit for license renewal unless stating the premises continues
to comply with zoning classifications, applicable municipal
ordinances, and all applicable safety, electrical, fire, plumbing ,
waste, construction, and building specification codes. An
additional certificate of compliance along with an affida vit 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 compliance with this subsection. The Authority shall
promulgate the rules necessary for the affidavit provided 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 inaccurate or untrue, th e Authority shall suspend
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operations of the licensee ’s premises until compliance is
reestablished.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
February 19, 2024 - DO PASS