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SENATE FLOOR VERSION
February 26, 2024
AS AMENDED
SENATE BILL NO. 1980 By: Paxton
[ medical marijuana - definitions - effective date ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.2, as
last amended by Section 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp.
2023, Section 427.2), is amended to read as follows:
Section 427.2. As used in the Oklahoma Medical Ma rijuana 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 patroniz e 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 Author ity;
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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 constructed 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),
b. opaque so that the outermost packaging does not allow
the product to be seen withou t 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 m other plant
that is capable of developing into a new plant and has shown no
signs of flowering;
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8. “Commissioner” means the State Commissioner of Hea lth;
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 design ated
caregiver of the patient that is packaged in a suitable container
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 De partment 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 product s to another
dispensary;
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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, trust, 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;
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,
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conditions or provisions of the act, any rules
promulgated pursuant the reto, 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, Okl ahoma 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
safety of the immediate vicinity in w hich 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 cur ed 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 concentrate that was produced by
extracting cannabinoids from medical marijuana through the use of
heat or pressure;
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23. “Hemp-derived cannabinoid product ” means a product that
contains cannabinoids that are extracted from hemp or resin from
hemp by physical or chemical means and is intended for
administration to a consumer including, but not limited t o,
concentrates, oils, tinctures, edibles, pills, topicals, gels,
creams, and other derivative forms. The term shall also mean
products available for animal or human consumption, which may be in
the form of inhalation into the r espiratory system and inges tion in
the gastrointestinal system, or tissue absorption . The term shall
not include seeds or seed -derived ingredients that are generally
recognized as safe by the United States Food and Drug
Administration;
24. “Immature plant” means a nonflowering mar ijuana plant that
has not demonstrated signs of flow ering;
24. 25. “Inventory tracking system ” means the required tracking
system that accounts for medical marijuana from either the seed or
immature plant stage until the medical marijuana 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. 26. “Licensed patient” or “patient” means a person who has
been issued a medical marijuana patient license by the Stat e
Department of Health o r Oklahoma Medical Marijuana Authority;
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26. 27. “Licensed premises” means the premises specified in an
application for a medical marijuana business 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 culti vate,
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 P atient
Protection Act and rules promulgated pursuant thereto;
27. 28. “Manufacture” means the production, propagation,
compounding or processing of a medical marijuana prod uct, excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, or b y a combination of extraction and
chemical synthesis;
28. 29. “Marijuana” shall have the same meaning as such term is
defined in Section 2-101 of this title and shall not include any
plant or material containing delta -8 or delta-10
tetrahydrocannabinol which is grown, processed or sold pursuant to
the provisions of the Oklah oma Industrial Hemp Program unless the
plant or material containing delta -8 or delta-10
tetrahydrocannabinol is used in a hemp-derived cannabinoid product;
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29. 30. “Material change” means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or prod uction of medical marijuana,
medical marijuana concentrate or medical marijuana products;
30. 31. “Mature plant” means a harvestable female marijuana
plant that is flowering;
31. 32. “Medical marijuana business (MMB) ” means a licensed
medical marijuana dispensar y, medical marijuana processor, medical
marijuana commercial grower , medical marijuana laboratory, medical
marijuana business operator or a medical marijuana transporter;
32. 33. “Medical marijuana concentrate” or “concentrate” means
a specific subset of medi cal marijuana that was produced by
extracting cannabinoids from me dical marijuana. Categories of
medical marijuana concentrate include water-based medical marijuana
concentrate, food-based medical marijuana concentrate, so lvent-based
medical marijuana con centrate, and heat- or pressure-based medical
marijuana concentrat e;
33. 34. “Medical marijuana commercial grower” or “commercial
grower” means an entity licensed to cultiv ate, prepare and package
medical marijuana and transf er or contract for transfer medica l
marijuana to a medical marijuana di spensary, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical m arijuana education facility
and pesticide manufacture rs. A commercial grower may sell seeds,
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flower or clones to commercial growers pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
34. 35. “Medical marijuana education facility ” or “education
facility” means a person or entity approved pu rsuant 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 marijuana, or the p roduction, manufacture,
extraction, processing, packaging or creation of medical-marijuana-
infused products or me dical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protec tion Act;
35. 36. “Medical-marijuana-infused product” means a product
infused with medical marijuana including, but not limited to, edible
products, ointments and tinctu res;
36. 37. “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 includ ing,
but not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids and forms administered by a
nebulizer, excluding live plant form s which are considered medical
marijuana;
37. 38. “Medical marijuana processor ” means a person or entity
licensed pursuant to the Oklahoma Medical Marijuana and Patient
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Protection Act to operate a business including the pro duction,
manufacture, extraction, proc essing, packaging or creation of
concentrate, medical-marijuana-infused products or medical marijuana
products as described in the Oklahoma Medical Marijuana and Patient
Protection Act;
38. 39. “Medical marijuana re search facility” or “research
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and P atient Protection Act to conduct medical
marijuana research. A medical marijuana rese arch facility is not a
medical marijuana business;
39. 40. “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. 41. “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 business that
transports its own medical mariju ana, medical marijuana concentrate
or medical marijuana products to a property or fac ility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana busine ss;
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41. 42. “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 and roots, except the term shall not include roots,
stems, stalks and fan leaves;
42. 43. “Medical use” means the acquisition, possession, use,
delivery, transfer or transportat ion of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medi cal marijuana to treat a
licensed patient;
43. 44. “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. 45. “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 Exam iners;
45. 46. “Oklahoma resident” means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
46. 47. “Owner” means, except where the context otherwise
requires, a direct beneficial owner in cluding, but not limited to,
all persons or entities as follows:
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a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
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. 48. “Package” or “packaging” means any container or wrapper
that may be used by a medical marijuana business to enc lose or
contain medical marijuana;
48. 49. “Person” means a natural person, partnership,
association, business trust, compa ny, corporation, estate, l imited
liability company, trust or any other legal entity or organization,
or a manager, agent, owner, directo r, servant, officer or employee
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thereof, except that person does not include any governmental
organization;
49. 50. “Pesticide” means any substance or mixture of
substances intended for preventing, destroying, repelling or
mitigating any pest or any substan ce or mixture of substances
intended for use as a plant regulator, defoliant or desiccant,
except that 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. 51. “Production batch” means:
a. any amount of medical marijuana concentrate of the
same category and produ ced using the same extraction
methods, standard operating procedures and an
identical group of harvest batch of medical mar ijuana,
or
b. any amount of medica l 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 esta blished or
controlled by the feder al government, state government, or a local
government or municipality including, but not limited t o,
institutions of higher education or rel ated research institutions;
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52. 53. “Public money” means any funds or money obtained by the
holder from any government al 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 for a medical marijuana
research license. A research project shall include a des cription of
a defined protocol, cl early articulated goals, defined methods and
outputs, and a defined start and end date. The descri ption shall
demonstrate that the research project will comply with all
requirements in the Oklahoma Medical Marijuana and P atient
Protection Act and rules promulgated pursuant thereto. All research
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and development conducted by a medical marijuana research facility
shall be conducted in fur therance of an approved research project;
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 applicable requirements set forth in
the Oklahoma Medical Marijuana and Pati ent 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
cannabinoids from medical mariju ana through the use of a solvent
approved by the Department;
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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 sativ a, 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, that is harvested during a seven-day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from us able 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 p eriod according to a
single manufacturing, packaging and labeling p rotocol;
65. 66. “Transporter agent” means a person who transports
medical marijuana or medical marijuana products for a licensed
transporter and holds a transporter agent license pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act;
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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 marijuan a product contains THC;
67. 68. “Usable marijuana” means the dried leaves, flowers,
oils, vapors, waxes and other portions of the ma rijuana 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 thr ough the use of only water, ice or dry ice.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
February 26, 2024 - DO PASS AS AMENDED