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ENGROSSED SENATE
BILL NO. 1635 By: Coleman of the Senate
and
Marti of the House
[ medical marijuana - licensure revocation -
affidavit - inspection program - rules -
noncompliance -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF O KLAHOMA:
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 hearing s 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 enf orcement
if the revocation was based on alleged cr iminal activity.
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 law enforcement officer or the request of other
local officials having jurisdiction. Ex cept for license information
concerning licensed patients, as defined in Section 427.2 of this
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title, the Authority shall share information with law enforcement
agencies upon request without a subpoena or s earch warrant.
C. The Authority shall make availa ble all information on
whether or not a medical marijuana patient or caregiver license is
valid to law enforcement electronically through an online
verification system.
D. The Authority shall make available to state agencies and
political subdivisions a l ist of marijuana-licensed premises,
medical marijuana businesses 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 manufactured
shall submit with its application or request to change location,
after notifying the political subdivision of its intent, a
certificate of compliance fr om the political subdivision where the
facility of the applicant or licensee is to be located certifying
compliance with zoning classifications, applicable municipal
ordinances and all applicable safety, electrical, fire, plumbing,
waste, construction and building specification codes. If the
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political subdivision does not have an authority having a
jurisdiction agreement on file with the State Fire Marshal’s office,
the State Fire Marshal shall certify compliance with all applicable
safety, electrical, fir e, 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, plumbin g,
waste, construction, and building specification codes. An
additional certificate of compliance along with an affidavit shall
be submitted if a change of use or occupancy occurs, or there is any
change concerning the facility or location that would, by law,
require additional inspection, licensure or p ermitting by the state
or municipality. Municipalities or the State Fire Marshal may
implement an inspection program to verify compliance with this
subsection. The Authority shall promulgate the rules nec essary for
the affidavit provided in this subsecti on. 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, the Authority shall suspend operations of the licensee ’s
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premises until compliance is reesta blished. Any marijuana licensed
premises, medical marijuana business, or any other premises where
medical marijuana or its byproducts are licensed to be cultivated,
grown, processed, stored, or manufacture d that have been issued a
certificate of complianc e by any political subdivision prior to the
effective date of this act shall not be denied licensure or
registration by a state agency for failing to provide a certificate
of occupancy issued by either the State Fire Marshal or a political
subdivision who has an authority having jurisdiction on file with
the State Fire Marshal until after July 1, 2026 .
SECTION 2. 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 approval.
Passed the Senate the 14th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of _______ ___,
2024.
Presiding Officer of the House
of Representatives