34 | 27 | | |
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35 | 28 | | ENGROSSED SENATE |
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36 | 29 | | BILL NO. 1980 By: Paxton of the Senate |
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37 | 30 | | |
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38 | 31 | | and |
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39 | 32 | | |
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40 | 33 | | Marti of the House |
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41 | 34 | | |
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42 | 35 | | |
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43 | 36 | | |
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44 | 37 | | |
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45 | 38 | | [ medical marijuana - definitions - effective date ] |
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46 | 39 | | |
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47 | 40 | | |
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48 | 41 | | |
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49 | 42 | | |
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50 | 43 | | |
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51 | 44 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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52 | 45 | | SECTION 1. AMENDATORY 63 O.S . 2021, Section 427.2, as |
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53 | 46 | | last amended by Section 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp. |
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54 | 47 | | 2023, Section 427.2), is amended to read as follows: |
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55 | 48 | | Section 427.2. As used in the Oklahoma Medical Marijuana and |
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56 | 49 | | Patient Protection Act: |
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57 | 50 | | 1. “Advertising” means the act of providing consideration for |
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58 | 51 | | the publication, dissemination, solicitation or circulation, of |
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59 | 52 | | visual, oral or written communication t o induce directly or |
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60 | 53 | | indirectly any person to patronize a particular medical marijuana |
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61 | 54 | | business, or to purchase pa rticular medical marijuana or a medical |
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62 | 55 | | marijuana product. Advertising includes marketing, but does not |
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63 | 56 | | include packaging and labeling; |
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92 | 84 | | 3. “Batch number” means a unique numeric or alphanumer ic |
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93 | 85 | | identifier assigned prior to testing to allow for inventory tracking |
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94 | 86 | | and traceability; |
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95 | 87 | | 4. “Cannabinoid” means any of the chemical compound s that are |
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96 | 88 | | active principles of marijuana; |
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97 | 89 | | 5. “Caregiver” means a family member or assistant who regularly |
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98 | 90 | | looks after a medical marijuana license holder whom a physician |
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99 | 91 | | attests needs assistance; |
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100 | 92 | | 6. “Child-resistant” means special packaging that is: |
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101 | 93 | | a. designed or constructed to be significantly difficult |
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102 | 94 | | for children under five (5) years of age to open and |
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103 | 95 | | not difficult for normal adults to use properly as |
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104 | 96 | | defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R. |
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105 | 97 | | 1700.20 (1995), |
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106 | 98 | | b. opaque so that the outermost packaging does not allow |
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107 | 99 | | the product to be seen without opening the packaging |
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108 | 100 | | material, and |
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109 | 101 | | c. resealable to maintain its child-resistant |
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110 | 102 | | effectiveness for multiple openings for any product |
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111 | 103 | | intended for more than a single use or containing |
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112 | 104 | | multiple servings; |
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143 | 134 | | 8. “Commissioner” means the State Commissioner of Health; |
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144 | 135 | | 9. “Complete application ” means a document pre pared in |
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145 | 136 | | accordance with the provisions set forth in the Oklahoma Medical |
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146 | 137 | | Marijuana and Patient Protection Act, ru les promulgated pursuant |
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147 | 138 | | thereto, and the forms and instructions provided by the Department |
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148 | 139 | | including any supporting documentation required and the applicable |
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149 | 140 | | license application fee; |
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150 | 141 | | 10. “Department” means the State Department of Health; |
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151 | 142 | | 11. “Director” means the Executive Director of the Oklahoma |
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152 | 143 | | Medical Marijuana Authority; |
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153 | 144 | | 12. “Dispense” means the selling of medical marijuana or a |
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154 | 145 | | medical marijuana product to a qualified patient or the designated |
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155 | 146 | | caregiver of the patient that is packaged in a suitable container |
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156 | 147 | | appropriately labeled for subsequent administration to or use by a |
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157 | 148 | | qualifying patient; |
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158 | 149 | | 13. “Dispensary” means a medical marijuana dispensary, an |
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159 | 150 | | entity that has been licensed by the Department pursuant to the |
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160 | 151 | | Oklahoma Medical Marijuana and Pati ent Protection Act to purchase |
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161 | 152 | | medical marijuana or medical marijuana products from a licensed |
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162 | 153 | | medical marijuana commercial grower or medical marijuana processor, |
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163 | 154 | | sell medical marijuana or medical marijuana products to patients and |
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194 | 184 | | 14. “Edible medical marijuana product ” means any medical- |
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195 | 185 | | marijuana-infused product for which the intended use is oral |
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196 | 186 | | consumption including, but not limited to, any type of food, drink |
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197 | 187 | | or pill; |
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198 | 188 | | 15. “Entity” means an individual, general partnership, limited |
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199 | 189 | | partnership, limited lia bility company, trust, estate, association, |
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200 | 190 | | corporation, cooperative or any other legal or commercial entity; |
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201 | 191 | | 16. “Flower” means the reproductive organs of the marijuana or |
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202 | 192 | | cannabis plant referred to as the bud or parts of the plant that are |
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203 | 193 | | harvested and used to consume in a variety of medical marijuana |
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204 | 194 | | products; |
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205 | 195 | | 17. “Flowering” means the reproductive state of the marijuana |
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206 | 196 | | or cannabis plant in which there are physical signs of flower or |
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207 | 197 | | budding out of the nodes of the stem; |
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208 | 198 | | 18. “Food-based medical marijuana concentrate” means a medical |
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209 | 199 | | marijuana concentrate that was produced by extracting cannabinoids |
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210 | 200 | | from medical marijuana through the use of propylene glycol, |
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211 | 201 | | glycerin, butter, olive oil, coconut oil or other typical food -safe |
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212 | 202 | | cooking fats; |
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245 | 234 | | conditions or provisions of the act, any rules |
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246 | 235 | | promulgated pursuant thereto, or any supplemental |
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247 | 236 | | relevant state or local law, rule or regulation, |
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248 | 237 | | b. the licensee or applicant has failed to comply with |
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249 | 238 | | any special terms or conditions that were placed upon |
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250 | 239 | | the license pursuant to an order of the State |
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251 | 240 | | Department of Health, Oklahoma Medical Marijuana |
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252 | 241 | | Authority or the municipality, or |
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253 | 242 | | c. the licensed premises of a medical marijuana business |
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254 | 243 | | or applicant have been operated in a manner that |
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255 | 244 | | adversely affects the public health or we lfare or the |
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256 | 245 | | safety of the immediate vicinity in which the |
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257 | 246 | | establishment is located; |
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258 | 247 | | 20. “Harvest batch” means a specifically identified quantity of |
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259 | 248 | | medical marijuana that is uniform in strain, cultivated utilizing |
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260 | 249 | | the same cultivation practices, harvested at the same time from the |
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261 | 250 | | same location and cured under uniform conditions; |
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262 | 251 | | 21. “Harvested marijuana” means post-flowering medical |
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263 | 252 | | marijuana not including trim, concentrate or waste; |
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295 | 283 | | 23. “Hemp-derived cannabinoid product ” means a product that |
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296 | 284 | | contains cannabinoids that are extracted from hemp or resin from |
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297 | 285 | | hemp by physical or chemical means and is intended for |
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298 | 286 | | administration to a consumer including, but not limited to, |
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299 | 287 | | concentrates, oils, tinctures, edibles, pills, topicals, gels, |
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300 | 288 | | creams, and other derivative forms. The term shall also mean |
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301 | 289 | | products available for animal or human consumption, which may be in |
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302 | 290 | | the form of inhalation into the respiratory system and ing estion in |
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303 | 291 | | the gastrointestinal system, or tissue absorption. The term shall |
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304 | 292 | | not include seeds or seed -derived ingredients that are generally |
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305 | 293 | | recognized as safe by the United States Food and Drug |
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306 | 294 | | Administration; |
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307 | 295 | | 24. “Immature plant” means a nonflowering m arijuana plant that |
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308 | 296 | | has not demonstrated signs of flowering; |
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309 | 297 | | 24. 25. “Inventory tracking system ” means the required tracking |
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310 | 298 | | system that accounts for medical marijuana from either the seed or |
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311 | 299 | | immature plant stage until the medical marijuana or medical |
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312 | 300 | | marijuana product is sold to a patient at a medical marijuana |
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313 | 301 | | dispensary, transferred to a medical marijuana research facility, |
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346 | 333 | | 26. 27. “Licensed premises” means the premises specified in an |
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347 | 334 | | application for a medi cal marijuana business license, medical |
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348 | 335 | | marijuana research facility license or medical marijuana education |
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349 | 336 | | facility license pursuant to the Oklahoma Medical Marijuana and |
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350 | 337 | | Patient Protection Act that are owned or in possession of the |
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351 | 338 | | licensee and within whi ch the licensee is authorized to cultivate, |
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352 | 339 | | manufacture, distribute, sell, store, transport, test or research |
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353 | 340 | | medical marijuana or medical mar ijuana products in accordance with |
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354 | 341 | | the provisions of the Oklahoma Medical Marijuana and Patient |
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355 | 342 | | Protection Act and rules promulgated pursuant thereto; |
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356 | 343 | | 27. 28. “Manufacture” means the production, propagation, |
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357 | 344 | | compounding or processing of a medical marijuana product, excluding |
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358 | 345 | | marijuana plants, either directly or indirectly by extraction from |
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359 | 346 | | substances of natural or s ynthetic origin, or independently by means |
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360 | 347 | | of chemical synthesis, or by a combination of extraction and |
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361 | 348 | | chemical synthesis; |
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362 | 349 | | 28. 29. “Marijuana” shall have the same meaning as such term is |
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363 | 350 | | defined in Section 2 -101 of this title and shall not include any |
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364 | 351 | | plant or material containing delta -8 or delta-10 |
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396 | 382 | | 29. 30. “Material change” means any change that would require a |
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397 | 383 | | substantive revision to the standard operating procedures of a |
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398 | 384 | | licensee for the cultivation or production of medical marijuana, |
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399 | 385 | | medical marijuana conc entrate or medical marijuana products; |
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400 | 386 | | 30. 31. “Mature plant” means a harvestable female marijuana |
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401 | 387 | | plant that is flowering; |
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402 | 388 | | 31. 32. “Medical marijuana business (MMB) ” means a licensed |
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403 | 389 | | medical marijuana dispensary, medical marijuana processor, medical |
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404 | 390 | | marijuana commercial grower, medical marijuana laboratory, medical |
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405 | 391 | | marijuana business operator or a medical marijuana transporter; |
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406 | 392 | | 32. 33. “Medical marijuana concentrate ” or “concentrate” means |
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407 | 393 | | a specific subset of medical marijuana that was produced by |
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408 | 394 | | extracting cannabinoids from medical marijuana. Categories of |
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409 | 395 | | medical marijuana concentrate include water -based medical marijuana |
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410 | 396 | | concentrate, food-based medical marijuana concentrate, solvent -based |
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411 | 397 | | medical marijuana concentrate, and heat - or pressure-based medical |
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412 | 398 | | marijuana concentrate; |
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413 | 399 | | 33. 34. “Medical marijuana commercial grower ” or “commercial |
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414 | 400 | | grower” means an entity licensed to cultivate, pre pare and package |
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415 | 401 | | medical marijuana and transfer or contract for transfer medical |
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447 | 432 | | flower or clones to commerci al growers pursuant to the Oklahoma |
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448 | 433 | | Medical Marijuana and Patient Protection Act; |
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449 | 434 | | 34. 35. “Medical marijuana education facility ” or “education |
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450 | 435 | | facility” means a person or entity approved pursuant to the Oklahoma |
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451 | 436 | | Medical Marijuana and Patient Protection Ac t to operate a facility |
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452 | 437 | | providing training and education to individuals involving the |
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453 | 438 | | cultivation, growing, harvesting, curing, preparing, packaging or |
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454 | 439 | | testing of medical marijuana, or the production, manufacture, |
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455 | 440 | | extraction, processing, packaging or creat ion of medical-marijuana- |
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456 | 441 | | infused products or medical marijuana products as described in the |
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457 | 442 | | Oklahoma Medical Marijuana and Patient Protection Act; |
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458 | 443 | | 35. 36. “Medical-marijuana-infused product” means a product |
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459 | 444 | | infused with medical marijuana including, but no t limited to, edible |
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460 | 445 | | products, ointments and tinctures; |
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461 | 446 | | 36. 37. “Medical marijuana product ” or “product” means a |
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462 | 447 | | product that contains cannabinoids that have been extracted from |
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463 | 448 | | plant material or the resin therefrom by physical or chemical means |
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464 | 449 | | and is intended for administration to a qualified patient including, |
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465 | 450 | | but not limited to, oils, tinctures, edibles, pills, topical forms, |
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466 | 451 | | gels, creams, vapors, patches, liquids and forms administered by a |
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498 | 482 | | Protection Act to operate a business including the production, |
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499 | 483 | | manufacture, extraction, processing, packaging o r creation of |
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500 | 484 | | concentrate, medical -marijuana-infused products or medical marijuana |
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501 | 485 | | products as described in the Oklahoma Medical Marijuana and Patient |
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502 | 486 | | Protection Act; |
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503 | 487 | | 38. 39. “Medical marijuana research facility ” or “research |
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504 | 488 | | facility” means a person or entity approved pursuant to the Oklahoma |
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505 | 489 | | Medical Marijuana and Patient Protection Act to conduct medical |
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506 | 490 | | marijuana research. A medical marijuana research facility is not a |
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507 | 491 | | medical marijuana business; |
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508 | 492 | | 39. 40. “Medical marijuana testing laboratory ” or “laboratory” |
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509 | 493 | | means a public or private laboratory licensed pursuant to the |
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510 | 494 | | Oklahoma Medical Marijuana and Patient Protection Act, to conduct |
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511 | 495 | | testing and research on medical marijuana and medical marijuana |
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512 | 496 | | products; |
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513 | 497 | | 40. 41. “Medical marijuana transporter ” or “transporter” means |
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514 | 498 | | a person or entity that is licensed pursuant to the Oklahoma Medical |
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515 | 499 | | Marijuana and Patient Protection Act. A medical marijuana |
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516 | 500 | | transporter does not include a medical marijuana business that |
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517 | 501 | | transports its own medical marijuana, medical m arijuana concentrate |
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548 | 531 | | 41. 42. “Medical marijuana waste ” or “waste” means unused, |
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549 | 532 | | surplus, returned or out -of-date marijuana, plant debris of the |
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550 | 533 | | plant of the genus Cannabis including dead plants and all unused |
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551 | 534 | | plant parts and roots, except the term shall not include roots, |
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552 | 535 | | stems, stalks and fan leaves; |
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553 | 536 | | 42. 43. “Medical use” means the acquisition, possession, use, |
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554 | 537 | | delivery, transfer or transportation of medical marijuana, medical |
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555 | 538 | | marijuana products, medical m arijuana devices or paraphernalia |
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556 | 539 | | relating to the administration of medical marijuana to treat a |
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557 | 540 | | licensed patient; |
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558 | 541 | | 43. 44. “Mother plant” means a marijuana plant that is grown or |
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559 | 542 | | maintained for the purpose of generating clones, and that will not |
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560 | 543 | | be used to produce plant material for sale to a medical marijuana |
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561 | 544 | | processor or medical marijuana dispensary; |
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562 | 545 | | 44. 45. “Oklahoma physician” or “physician” means a physician |
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563 | 546 | | licensed by and in good standing with the State Board of Medical |
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564 | 547 | | Licensure and Supervision, t he State Board of Osteopathic Examiners |
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565 | 548 | | or the Board of Podiatric Medical Examiners; |
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566 | 549 | | 45. 46. “Oklahoma resident” means an individual who can provide |
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567 | 550 | | proof of residency as required by the Oklahoma Medical Marijuana and |
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568 | 551 | | Patient Protection Act; |
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599 | 581 | | a. all shareholders owning an interest of a corporate |
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600 | 582 | | entity and all officers of a corporate entity, |
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601 | 583 | | b. all partners of a general partnership, |
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602 | 584 | | c. all general partners and all limited partners that own |
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603 | 585 | | an interest in a lim ited partnership, |
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604 | 586 | | d. all members that own an interest in a limited |
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605 | 587 | | liability company, |
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606 | 588 | | e. all beneficiaries that hold a beneficial interest in a |
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607 | 589 | | trust and all trustees of a trust, |
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608 | 590 | | f. all persons or entities that own interest in a joint |
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609 | 591 | | venture, |
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610 | 592 | | g. all persons or entities that own an interest in an |
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611 | 593 | | association, |
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612 | 594 | | h. the owners of any other type of legal entity, and |
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613 | 595 | | i. any other person holding an int erest or convertible |
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614 | 596 | | note in any entity which owns, operates or manages a |
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615 | 597 | | licensed facility; |
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616 | 598 | | 47. 48. “Package” or “packaging” means any container or wrapper |
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617 | 599 | | that may be used by a medical marijuana business to enclose or |
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618 | 600 | | contain medical marijuana; |
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| 601 | + | 48. 49. “Person” means a natural person, partnership, |
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| 602 | + | association, business trust, company, corporation, estate, limited |
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| 603 | + | liability company, trust or any other legal entity or organization, |
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| 604 | + | or a manager, agent, owner, director, servant, officer or employee |
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646 | | - | 48. 49. “Person” means a natural person, partnership, |
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647 | | - | association, business trust, company, corporation, estate, limited |
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648 | | - | liability company, trust or any other legal entity or organization, |
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649 | | - | or a manager, agent, owner, director, servant, officer or employee |
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650 | 631 | | thereof, except that person does not include any governmental |
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651 | 632 | | organization; |
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652 | 633 | | 49. 50. “Pesticide” means any substance or m ixture of |
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653 | 634 | | substances intended for preventing, destroying, repelling or |
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654 | 635 | | mitigating any pest or any substance or mixture of substances |
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655 | 636 | | intended for use as a plant regulator, defoliant or desiccant, |
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656 | 637 | | except that the term pesticide shall not include any article that is |
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657 | 638 | | a “new animal drug” as designated by the United States Food and Drug |
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658 | 639 | | Administration; |
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659 | 640 | | 50. 51. “Production batch” means: |
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660 | 641 | | a. any amount of medical marijuana concentrate of the |
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661 | 642 | | same category and produced using the same extraction |
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662 | 643 | | methods, standard op erating procedures and an |
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663 | 644 | | identical group of harvest batch of medical marijuana, |
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664 | 645 | | or |
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665 | 646 | | b. any amount of medical marijuana product of the same |
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666 | 647 | | exact type, produced using the same ingredients, |
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667 | 648 | | standard operating procedures and the same production |
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668 | 649 | | batch of medical marijuana concentrate; |
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700 | 680 | | 52. 53. “Public money” means any funds or money obtained by the |
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701 | 681 | | holder from any governmental entity including, but not limited to, |
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702 | 682 | | research grants; |
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703 | 683 | | 53. 54. “Recommendation” means a document that is signed or |
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704 | 684 | | electronically submitt ed by a physician on behalf of a patient for |
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705 | 685 | | the use of medical marijuana pursuant to the Oklahoma Medical |
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706 | 686 | | Marijuana and Patient Protection Ac t; |
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707 | 687 | | 54. 55. “Registered to conduct business ” means a person that |
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708 | 688 | | has provided proof that the business applicant is in good standing |
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709 | 689 | | with the Secretary of State and Oklahoma Tax Commission; |
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710 | 690 | | 55. 56. “Remediation” means the process by which the medical |
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711 | 691 | | marijuana flower or trim, which has failed microbial testing, is |
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712 | 692 | | processed into solvent -based medical marijuana concent rate and |
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713 | 693 | | retested as required by the Oklahoma Medical Marijuana and Patient |
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714 | 694 | | Protection Act; |
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715 | 695 | | 56. 57. “Research project” means a discrete scien tific endeavor |
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716 | 696 | | to answer a research question or a set of research questions related |
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717 | 697 | | to medical marijuana and is re quired for a medical marijuana |
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718 | 698 | | research license. A research project shall include a description of |
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719 | 699 | | a defined protocol, clearly articulated goals, defined methods and |
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751 | 730 | | and development conducted by a medical marijuana research facility |
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752 | 731 | | shall be conducted in fur therance of an approved research project; |
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753 | 732 | | 57. 58. “Revocation” means the final decision by the Department |
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754 | 733 | | that any license issued pursuant to the Oklahoma Medical Marijuana |
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755 | 734 | | and Patient Protection Act is rescinded because the individual or |
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756 | 735 | | entity does not comply with the applicable requirements set forth in |
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757 | 736 | | the Oklahoma Medical Marijuana and Patient Protection Act or rules |
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758 | 737 | | promulgated pursuant t hereto; |
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759 | 738 | | 58. 59. “School” means a public or private preschool, a public |
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760 | 739 | | or private elementary or secondary school, or a technology center |
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761 | 740 | | school which is primarily used for classroom instruction. A |
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762 | 741 | | homeschool, daycare or child -care facility shall not be considered a |
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763 | 742 | | “school” as used in the Oklahoma Medical Marijuana and Patient |
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764 | 743 | | Protection Act; |
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765 | 744 | | 59. 60. “Shipping container” means a hard-sided container with |
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766 | 745 | | a lid or other enclosure that can be secured in place. A shipping |
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767 | 746 | | container is used solely for the t ransport of medical marijuana, |
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768 | 747 | | medical marijuana concentrate, or medical marijuana products between |
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769 | 748 | | medical marijuana businesses, a medical marijuana research facility, |
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770 | 749 | | or a medical marijuana education facility; |
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802 | 780 | | 61. 62. “State Question” means Oklahoma State Question No. 788, |
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803 | 781 | | Initiative Petition No. 412, approved by a majority vote of the |
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804 | 782 | | citizens of Oklahoma on June 26, 2018; |
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805 | 783 | | 62. 63. “Strain” means the classification of marijuana or |
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806 | 784 | | cannabis plants in either pure sativa, indica, afghanica, ruderalis |
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807 | 785 | | or hybrid varieties; |
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808 | 786 | | 63. 64. “THC” means tetrahydrocannabinol, which is the primary |
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809 | 787 | | psychotropic cannabinoid in marijuana formed by decarboxylation of |
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810 | 788 | | naturally tetrahydrocannabinolic acid, which generally occurs by |
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811 | 789 | | exposure to heat; |
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812 | 790 | | 64. 65. “Test batch” means with regard to usable marijuana, a |
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813 | 791 | | homogenous, identified quantity of usable marijuana by strain, no |
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814 | 792 | | greater than ten (10) pounds, that is harvested d uring a seven-day |
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815 | 793 | | period from a specified cultivation area, and with regard to oils, |
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816 | 794 | | vapors and waxes derived from usable marijuana, means an identified |
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817 | 795 | | quantity that is uniform, that is intended to meet specifications |
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818 | 796 | | for identity, strength and compositio n, and that is manufactured, |
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819 | 797 | | packaged and labeled during a specified time period according to a |
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820 | 798 | | single manufacturing, packaging and labeling p rotocol; |
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852 | 829 | | 66. 67. “Universal symbol” means the image established by the |
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853 | 830 | | State Department of Health or Oklahoma Medical Marijuan a Authority |
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854 | 831 | | and made available to licensees through its website indicating that |
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855 | 832 | | the medical marijuana or the medical marijuana product contain s THC; |
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856 | 833 | | 67. 68. “Usable marijuana” means the dried leaves, flowers, |
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857 | 834 | | oils, vapors, waxes and other portions of the marijuana plant and |
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858 | 835 | | any mixture or preparation thereof, excluding seeds, roots, stems, |
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859 | 836 | | stalks and fan leaves; and |
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860 | 837 | | 68. 69. “Water-based medical marijuana concentrate ” means a |
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861 | 838 | | concentrate that was produced by extracting cannabinoids from |
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862 | 839 | | medical marijuana through the use of only water, ice or dry ice. |
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863 | 840 | | SECTION 2. This act shall become effective November 1, 2024. |
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