Oklahoma 2024 Regular Session

Oklahoma Senate Bill SB1980 Compare Versions

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3-SB1980 HFLR Page 1
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29-HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31-STATE OF OKLAHOMA
32-
33-2nd Session of the 59th Legislature (2024)
3427
3528 ENGROSSED SENATE
3629 BILL NO. 1980 By: Paxton of the Senate
3730
3831 and
3932
4033 Marti of the House
4134
4235
4336
4437
4538 [ medical marijuana - definitions - effective date ]
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5144 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5245 SECTION 1. AMENDATORY 63 O.S . 2021, Section 427.2, as
5346 last amended by Section 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp.
5447 2023, Section 427.2), is amended to read as follows:
5548 Section 427.2. As used in the Oklahoma Medical Marijuana and
5649 Patient Protection Act:
5750 1. “Advertising” means the act of providing consideration for
5851 the publication, dissemination, solicitation or circulation, of
5952 visual, oral or written communication t o induce directly or
6053 indirectly any person to patronize a particular medical marijuana
6154 business, or to purchase pa rticular medical marijuana or a medical
6255 marijuana product. Advertising includes marketing, but does not
6356 include packaging and labeling;
57+2. “Authority” means the Oklahoma Medical Marijuana Authority;
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91-2. “Authority” means the Oklahoma Medical Marijuana Authority;
9284 3. “Batch number” means a unique numeric or alphanumer ic
9385 identifier assigned prior to testing to allow for inventory tracking
9486 and traceability;
9587 4. “Cannabinoid” means any of the chemical compound s that are
9688 active principles of marijuana;
9789 5. “Caregiver” means a family member or assistant who regularly
9890 looks after a medical marijuana license holder whom a physician
9991 attests needs assistance;
10092 6. “Child-resistant” means special packaging that is:
10193 a. designed or constructed to be significantly difficult
10294 for children under five (5) years of age to open and
10395 not difficult for normal adults to use properly as
10496 defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
10597 1700.20 (1995),
10698 b. opaque so that the outermost packaging does not allow
10799 the product to be seen without opening the packaging
108100 material, and
109101 c. resealable to maintain its child-resistant
110102 effectiveness for multiple openings for any product
111103 intended for more than a single use or containing
112104 multiple servings;
105+7. “Clone” means a nonflowering plant cut from a mother plant
106+that is capable of developing into a new plant a nd has shown no
107+signs of flowering;
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140-7. “Clone” means a nonflowering plant cut from a mother plant
141-that is capable of developing into a new plant a nd has shown no
142-signs of flowering;
143134 8. “Commissioner” means the State Commissioner of Health;
144135 9. “Complete application ” means a document pre pared in
145136 accordance with the provisions set forth in the Oklahoma Medical
146137 Marijuana and Patient Protection Act, ru les promulgated pursuant
147138 thereto, and the forms and instructions provided by the Department
148139 including any supporting documentation required and the applicable
149140 license application fee;
150141 10. “Department” means the State Department of Health;
151142 11. “Director” means the Executive Director of the Oklahoma
152143 Medical Marijuana Authority;
153144 12. “Dispense” means the selling of medical marijuana or a
154145 medical marijuana product to a qualified patient or the designated
155146 caregiver of the patient that is packaged in a suitable container
156147 appropriately labeled for subsequent administration to or use by a
157148 qualifying patient;
158149 13. “Dispensary” means a medical marijuana dispensary, an
159150 entity that has been licensed by the Department pursuant to the
160151 Oklahoma Medical Marijuana and Pati ent Protection Act to purchase
161152 medical marijuana or medical marijuana products from a licensed
162153 medical marijuana commercial grower or medical marijuana processor,
163154 sell medical marijuana or medical marijuana products to patients and
155+caregivers as defined un der the Oklahoma Medical Marijuana and
156+Patient Protection Act, or sell or transfer products to another
157+dispensary;
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191-caregivers as defined un der the Oklahoma Medical Marijuana and
192-Patient Protection Act, or sell or transfer products to another
193-dispensary;
194184 14. “Edible medical marijuana product ” means any medical-
195185 marijuana-infused product for which the intended use is oral
196186 consumption including, but not limited to, any type of food, drink
197187 or pill;
198188 15. “Entity” means an individual, general partnership, limited
199189 partnership, limited lia bility company, trust, estate, association,
200190 corporation, cooperative or any other legal or commercial entity;
201191 16. “Flower” means the reproductive organs of the marijuana or
202192 cannabis plant referred to as the bud or parts of the plant that are
203193 harvested and used to consume in a variety of medical marijuana
204194 products;
205195 17. “Flowering” means the reproductive state of the marijuana
206196 or cannabis plant in which there are physical signs of flower or
207197 budding out of the nodes of the stem;
208198 18. “Food-based medical marijuana concentrate” means a medical
209199 marijuana concentrate that was produced by extracting cannabinoids
210200 from medical marijuana through the use of propylene glycol,
211201 glycerin, butter, olive oil, coconut oil or other typical food -safe
212202 cooking fats;
203+19. “Good cause” for purposes of an initial, renewal or
204+reinstatement license application, or for purposes of discipline of
205+a licensee, means:
206+a. the licensee or applicant has violated, does not meet,
207+or has failed to comply with any of the terms,
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240-19. “Good cause” for purposes of an initial, renewal or
241-reinstatement license application, or for purposes of discipline of
242-a licensee, means:
243-a. the licensee or applicant has violated, does not meet,
244-or has failed to comply with any of the terms,
245234 conditions or provisions of the act, any rules
246235 promulgated pursuant thereto, or any supplemental
247236 relevant state or local law, rule or regulation,
248237 b. the licensee or applicant has failed to comply with
249238 any special terms or conditions that were placed upon
250239 the license pursuant to an order of the State
251240 Department of Health, Oklahoma Medical Marijuana
252241 Authority or the municipality, or
253242 c. the licensed premises of a medical marijuana business
254243 or applicant have been operated in a manner that
255244 adversely affects the public health or we lfare or the
256245 safety of the immediate vicinity in which the
257246 establishment is located;
258247 20. “Harvest batch” means a specifically identified quantity of
259248 medical marijuana that is uniform in strain, cultivated utilizing
260249 the same cultivation practices, harvested at the same time from the
261250 same location and cured under uniform conditions;
262251 21. “Harvested marijuana” means post-flowering medical
263252 marijuana not including trim, concentrate or waste;
253+22. “Heat- or pressure-based medical marijuana concentrate ”
254+means a medical marijuana concentrate that was produced by
255+extracting cannabinoids from medical marijuana through the use o f
256+heat or pressure;
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291-22. “Heat- or pressure-based medical marijuana concentrate ”
292-means a medical marijuana concentrate that was produced by
293-extracting cannabinoids from medical marijuana through the use o f
294-heat or pressure;
295283 23. “Hemp-derived cannabinoid product ” means a product that
296284 contains cannabinoids that are extracted from hemp or resin from
297285 hemp by physical or chemical means and is intended for
298286 administration to a consumer including, but not limited to,
299287 concentrates, oils, tinctures, edibles, pills, topicals, gels,
300288 creams, and other derivative forms. The term shall also mean
301289 products available for animal or human consumption, which may be in
302290 the form of inhalation into the respiratory system and ing estion in
303291 the gastrointestinal system, or tissue absorption. The term shall
304292 not include seeds or seed -derived ingredients that are generally
305293 recognized as safe by the United States Food and Drug
306294 Administration;
307295 24. “Immature plant” means a nonflowering m arijuana plant that
308296 has not demonstrated signs of flowering;
309297 24. 25. “Inventory tracking system ” means the required tracking
310298 system that accounts for medical marijuana from either the seed or
311299 immature plant stage until the medical marijuana or medical
312300 marijuana product is sold to a patient at a medical marijuana
313301 dispensary, transferred to a medical marijuana research facility,
302+destroyed by a medical marijuana business or used in a research
303+project by a medical marijuana research facility;
304+25. 26. “Licensed patient” or “patient” means a person who has
305+been issued a medical marijuana patient license by the State
306+Department of Health or Oklahoma M edical Marijuana Authority;
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341-destroyed by a medical mar ijuana business or used in a research
342-project by a medical marijuana research facility;
343-25. 26. “Licensed patient” or “patient” means a person who has
344-been issued a medical marijuana patient license by the State
345-Department of Health or Oklahoma M edical Marijuana Authority;
346333 26. 27. “Licensed premises” means the premises specified in an
347334 application for a medi cal marijuana business license, medical
348335 marijuana research facility license or medical marijuana education
349336 facility license pursuant to the Oklahoma Medical Marijuana and
350337 Patient Protection Act that are owned or in possession of the
351338 licensee and within whi ch the licensee is authorized to cultivate,
352339 manufacture, distribute, sell, store, transport, test or research
353340 medical marijuana or medical mar ijuana products in accordance with
354341 the provisions of the Oklahoma Medical Marijuana and Patient
355342 Protection Act and rules promulgated pursuant thereto;
356343 27. 28. “Manufacture” means the production, propagation,
357344 compounding or processing of a medical marijuana product, excluding
358345 marijuana plants, either directly or indirectly by extraction from
359346 substances of natural or s ynthetic origin, or independently by means
360347 of chemical synthesis, or by a combination of extraction and
361348 chemical synthesis;
362349 28. 29. “Marijuana” shall have the same meaning as such term is
363350 defined in Section 2 -101 of this title and shall not include any
364351 plant or material containing delta -8 or delta-10
352+tetrahydrocannabinol which is grown, processed or sold pursuant to
353+the provisions of the Oklahoma Industrial Hemp Program unless the
354+plant or material containing delta -8 or delta-10
355+tetrahydrocannabinol is use d in a hemp-derived cannabinoid product ;
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392-tetrahydrocannabinol which is grown, processed or sold pursuant to
393-the provisions of the Oklahoma Indust rial Hemp Program unless the
394-plant or material containing delta -8 or delta-10
395-tetrahydrocannabinol is use d in a hemp-derived cannabinoid product ;
396382 29. 30. “Material change” means any change that would require a
397383 substantive revision to the standard operating procedures of a
398384 licensee for the cultivation or production of medical marijuana,
399385 medical marijuana conc entrate or medical marijuana products;
400386 30. 31. “Mature plant” means a harvestable female marijuana
401387 plant that is flowering;
402388 31. 32. “Medical marijuana business (MMB) ” means a licensed
403389 medical marijuana dispensary, medical marijuana processor, medical
404390 marijuana commercial grower, medical marijuana laboratory, medical
405391 marijuana business operator or a medical marijuana transporter;
406392 32. 33. “Medical marijuana concentrate ” or “concentrate” means
407393 a specific subset of medical marijuana that was produced by
408394 extracting cannabinoids from medical marijuana. Categories of
409395 medical marijuana concentrate include water -based medical marijuana
410396 concentrate, food-based medical marijuana concentrate, solvent -based
411397 medical marijuana concentrate, and heat - or pressure-based medical
412398 marijuana concentrate;
413399 33. 34. “Medical marijuana commercial grower ” or “commercial
414400 grower” means an entity licensed to cultivate, pre pare and package
415401 medical marijuana and transfer or contract for transfer medical
402+marijuana to a medical marijuana dispensary, medical marijuana
403+processor, any other medical marijuana commercial grower, medical
404+marijuana research facility, medical marijuana education facility
405+and pesticide manufacturers. A commercial grower may sell seeds,
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443-marijuana to a medical marijuana dispensary, medical marijuana
444-processor, any other medical marijuana commercial grower, medical
445-marijuana research facility, medical marijuana educatio n facility
446-and pesticide manufacturers. A commercial grower may sell seeds,
447432 flower or clones to commerci al growers pursuant to the Oklahoma
448433 Medical Marijuana and Patient Protection Act;
449434 34. 35. “Medical marijuana education facility ” or “education
450435 facility” means a person or entity approved pursuant to the Oklahoma
451436 Medical Marijuana and Patient Protection Ac t to operate a facility
452437 providing training and education to individuals involving the
453438 cultivation, growing, harvesting, curing, preparing, packaging or
454439 testing of medical marijuana, or the production, manufacture,
455440 extraction, processing, packaging or creat ion of medical-marijuana-
456441 infused products or medical marijuana products as described in the
457442 Oklahoma Medical Marijuana and Patient Protection Act;
458443 35. 36. “Medical-marijuana-infused product” means a product
459444 infused with medical marijuana including, but no t limited to, edible
460445 products, ointments and tinctures;
461446 36. 37. “Medical marijuana product ” or “product” means a
462447 product that contains cannabinoids that have been extracted from
463448 plant material or the resin therefrom by physical or chemical means
464449 and is intended for administration to a qualified patient including,
465450 but not limited to, oils, tinctures, edibles, pills, topical forms,
466451 gels, creams, vapors, patches, liquids and forms administered by a
452+nebulizer, excluding live plant forms which are considered me dical
453+marijuana;
454+37. 38. “Medical marijuana processor ” means a person or entity
455+licensed pursuant to the Oklahoma Medical Marijuana and Patient
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494-nebulizer, excluding live plant forms which are considered me dical
495-marijuana;
496-37. 38. “Medical marijuana processor ” means a person or entity
497-licensed pursuant to the Oklahoma Medical Marijuana and Patient
498482 Protection Act to operate a business including the production,
499483 manufacture, extraction, processing, packaging o r creation of
500484 concentrate, medical -marijuana-infused products or medical marijuana
501485 products as described in the Oklahoma Medical Marijuana and Patient
502486 Protection Act;
503487 38. 39. “Medical marijuana research facility ” or “research
504488 facility” means a person or entity approved pursuant to the Oklahoma
505489 Medical Marijuana and Patient Protection Act to conduct medical
506490 marijuana research. A medical marijuana research facility is not a
507491 medical marijuana business;
508492 39. 40. “Medical marijuana testing laboratory ” or “laboratory”
509493 means a public or private laboratory licensed pursuant to the
510494 Oklahoma Medical Marijuana and Patient Protection Act, to conduct
511495 testing and research on medical marijuana and medical marijuana
512496 products;
513497 40. 41. “Medical marijuana transporter ” or “transporter” means
514498 a person or entity that is licensed pursuant to the Oklahoma Medical
515499 Marijuana and Patient Protection Act. A medical marijuana
516500 transporter does not include a medical marijuana business that
517501 transports its own medical marijuana, medical m arijuana concentrate
502+or medical marijuana products to a property or facility adjacent to
503+or connected to the licensed premises if the property is another
504+licensed premises of the same medical marijuana business;
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545-or medical marijuana products to a property or facility adjacent to
546-or connected to the licensed premises if the property is another
547-licensed premises of the same medical marijuana business;
548531 41. 42. “Medical marijuana waste ” or “waste” means unused,
549532 surplus, returned or out -of-date marijuana, plant debris of the
550533 plant of the genus Cannabis including dead plants and all unused
551534 plant parts and roots, except the term shall not include roots,
552535 stems, stalks and fan leaves;
553536 42. 43. “Medical use” means the acquisition, possession, use,
554537 delivery, transfer or transportation of medical marijuana, medical
555538 marijuana products, medical m arijuana devices or paraphernalia
556539 relating to the administration of medical marijuana to treat a
557540 licensed patient;
558541 43. 44. “Mother plant” means a marijuana plant that is grown or
559542 maintained for the purpose of generating clones, and that will not
560543 be used to produce plant material for sale to a medical marijuana
561544 processor or medical marijuana dispensary;
562545 44. 45. “Oklahoma physician” or “physician” means a physician
563546 licensed by and in good standing with the State Board of Medical
564547 Licensure and Supervision, t he State Board of Osteopathic Examiners
565548 or the Board of Podiatric Medical Examiners;
566549 45. 46. “Oklahoma resident” means an individual who can provide
567550 proof of residency as required by the Oklahoma Medical Marijuana and
568551 Patient Protection Act;
552+46. 47. “Owner” means, except where the context otherwise
553+requires, a direct beneficial owner including, but not limited to,
554+all persons or entities as follows:
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596-46. 47. “Owner” means, except where the context otherwise
597-requires, a direct beneficial owner including, but not limited to,
598-all persons or entities as follows:
599581 a. all shareholders owning an interest of a corporate
600582 entity and all officers of a corporate entity,
601583 b. all partners of a general partnership,
602584 c. all general partners and all limited partners that own
603585 an interest in a lim ited partnership,
604586 d. all members that own an interest in a limited
605587 liability company,
606588 e. all beneficiaries that hold a beneficial interest in a
607589 trust and all trustees of a trust,
608590 f. all persons or entities that own interest in a joint
609591 venture,
610592 g. all persons or entities that own an interest in an
611593 association,
612594 h. the owners of any other type of legal entity, and
613595 i. any other person holding an int erest or convertible
614596 note in any entity which owns, operates or manages a
615597 licensed facility;
616598 47. 48. “Package” or “packaging” means any container or wrapper
617599 that may be used by a medical marijuana business to enclose or
618600 contain medical marijuana;
601+48. 49. “Person” means a natural person, partnership,
602+association, business trust, company, corporation, estate, limited
603+liability company, trust or any other legal entity or organization,
604+or a manager, agent, owner, director, servant, officer or employee
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646-48. 49. “Person” means a natural person, partnership,
647-association, business trust, company, corporation, estate, limited
648-liability company, trust or any other legal entity or organization,
649-or a manager, agent, owner, director, servant, officer or employee
650631 thereof, except that person does not include any governmental
651632 organization;
652633 49. 50. “Pesticide” means any substance or m ixture of
653634 substances intended for preventing, destroying, repelling or
654635 mitigating any pest or any substance or mixture of substances
655636 intended for use as a plant regulator, defoliant or desiccant,
656637 except that the term pesticide shall not include any article that is
657638 a “new animal drug” as designated by the United States Food and Drug
658639 Administration;
659640 50. 51. “Production batch” means:
660641 a. any amount of medical marijuana concentrate of the
661642 same category and produced using the same extraction
662643 methods, standard op erating procedures and an
663644 identical group of harvest batch of medical marijuana,
664645 or
665646 b. any amount of medical marijuana product of the same
666647 exact type, produced using the same ingredients,
667648 standard operating procedures and the same production
668649 batch of medical marijuana concentrate;
650+51. 52. “Public institution” means any entity established or
651+controlled by the federal government, state government , or a local
652+government or municipality including, but not limited to,
653+institutions of higher education or related research institutions;
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696-51. 52. “Public institution” means any entity established or
697-controlled by the federal government, state government , or a local
698-government or municipality including, but not limited to,
699-institutions of higher education or related research institutions;
700680 52. 53. “Public money” means any funds or money obtained by the
701681 holder from any governmental entity including, but not limited to,
702682 research grants;
703683 53. 54. “Recommendation” means a document that is signed or
704684 electronically submitt ed by a physician on behalf of a patient for
705685 the use of medical marijuana pursuant to the Oklahoma Medical
706686 Marijuana and Patient Protection Ac t;
707687 54. 55. “Registered to conduct business ” means a person that
708688 has provided proof that the business applicant is in good standing
709689 with the Secretary of State and Oklahoma Tax Commission;
710690 55. 56. “Remediation” means the process by which the medical
711691 marijuana flower or trim, which has failed microbial testing, is
712692 processed into solvent -based medical marijuana concent rate and
713693 retested as required by the Oklahoma Medical Marijuana and Patient
714694 Protection Act;
715695 56. 57. “Research project” means a discrete scien tific endeavor
716696 to answer a research question or a set of research questions related
717697 to medical marijuana and is re quired for a medical marijuana
718698 research license. A research project shall include a description of
719699 a defined protocol, clearly articulated goals, defined methods and
700+outputs, and a defined start and end date. The description shall
701+demonstrate that the re search project will comply with all
702+requirements in the Oklahoma Medical Marijuana and Patient
703+Protection Act and rules promulgated pursuant t hereto. All research
720704
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747-outputs, and a defined start and end date. The description shall
748-demonstrate that the re search project will comply with all
749-requirements in the Oklahoma Medical Marijuana and Patient
750-Protection Act and rules promulgated pursuant t hereto. All research
751730 and development conducted by a medical marijuana research facility
752731 shall be conducted in fur therance of an approved research project;
753732 57. 58. “Revocation” means the final decision by the Department
754733 that any license issued pursuant to the Oklahoma Medical Marijuana
755734 and Patient Protection Act is rescinded because the individual or
756735 entity does not comply with the applicable requirements set forth in
757736 the Oklahoma Medical Marijuana and Patient Protection Act or rules
758737 promulgated pursuant t hereto;
759738 58. 59. “School” means a public or private preschool, a public
760739 or private elementary or secondary school, or a technology center
761740 school which is primarily used for classroom instruction. A
762741 homeschool, daycare or child -care facility shall not be considered a
763742 “school” as used in the Oklahoma Medical Marijuana and Patient
764743 Protection Act;
765744 59. 60. “Shipping container” means a hard-sided container with
766745 a lid or other enclosure that can be secured in place. A shipping
767746 container is used solely for the t ransport of medical marijuana,
768747 medical marijuana concentrate, or medical marijuana products between
769748 medical marijuana businesses, a medical marijuana research facility,
770749 or a medical marijuana education facility;
750+60. 61. “Solvent-based medical marijuana concentrate ” means a
751+medical marijuana concentrate that was produced by extracting
752+cannabinoids from medical marijua na through the use of a solvent
753+approved by the Department;
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798-60. 61. “Solvent-based medical marijuana concentrate ” means a
799-medical marijuana concentrate that was produced by extracting
800-cannabinoids from medical marijua na through the use of a solvent
801-approved by the Department;
802780 61. 62. “State Question” means Oklahoma State Question No. 788,
803781 Initiative Petition No. 412, approved by a majority vote of the
804782 citizens of Oklahoma on June 26, 2018;
805783 62. 63. “Strain” means the classification of marijuana or
806784 cannabis plants in either pure sativa, indica, afghanica, ruderalis
807785 or hybrid varieties;
808786 63. 64. “THC” means tetrahydrocannabinol, which is the primary
809787 psychotropic cannabinoid in marijuana formed by decarboxylation of
810788 naturally tetrahydrocannabinolic acid, which generally occurs by
811789 exposure to heat;
812790 64. 65. “Test batch” means with regard to usable marijuana, a
813791 homogenous, identified quantity of usable marijuana by strain, no
814792 greater than ten (10) pounds, that is harvested d uring a seven-day
815793 period from a specified cultivation area, and with regard to oils,
816794 vapors and waxes derived from usable marijuana, means an identified
817795 quantity that is uniform, that is intended to meet specifications
818796 for identity, strength and compositio n, and that is manufactured,
819797 packaged and labeled during a specified time period according to a
820798 single manufacturing, packaging and labeling p rotocol;
799+65. 66. “Transporter agent” means a person who transports
800+medical marijuana or medical marijuana product s for a licensed
801+transporter and holds a transporter agent license pursuant to the
802+Oklahoma Medical Marijuana and Patient Protection Act;
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848-65. 66. “Transporter agent” means a person who transports
849-medical marijuana or medical marijuana product s for a licensed
850-transporter and holds a transporter agent license pursuant to the
851-Oklahoma Medical Marijuana and Patient Protection Act;
852829 66. 67. “Universal symbol” means the image established by the
853830 State Department of Health or Oklahoma Medical Marijuan a Authority
854831 and made available to licensees through its website indicating that
855832 the medical marijuana or the medical marijuana product contain s THC;
856833 67. 68. “Usable marijuana” means the dried leaves, flowers,
857834 oils, vapors, waxes and other portions of the marijuana plant and
858835 any mixture or preparation thereof, excluding seeds, roots, stems,
859836 stalks and fan leaves; and
860837 68. 69. “Water-based medical marijuana concentrate ” means a
861838 concentrate that was produced by extracting cannabinoids from
862839 medical marijuana through the use of only water, ice or dry ice.
863840 SECTION 2. This act shall become effective November 1, 2024.
841+Passed the Senate the 14th day of March, 2024.
864842
865-COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
866-SUBSTANCES, dated 04/10/2024 - DO PASS, As Amended.
843+
844+
845+ Presiding Officer of the Senate
846+
847+
848+Passed the House of Representatives the ____ d ay of __________,
849+2024.
850+
851+
852+
853+ Presiding Officer of the House
854+ of Representatives
855+