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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
ENGROSSED SENATE
BILL NO. 1980 By: Paxton of the Senate
and
Marti of the House
[ 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 Marijuana and
Patient Protection Act:
1. “Advertising” means the act of providing consideration for
the publication, dissemination, solicitation or circulation, of
visual, oral or written communication t o induce directly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase pa rticular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
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2. “Authority” means the Oklahoma Medical Marijuana Authority;
3. “Batch number” means a unique numeric or alphanumer ic
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. “Cannabinoid” means any of the chemical compound s that are
active principles of marijuana;
5. “Caregiver” means a family member or assistant who regularly
looks after a medical marijuana license holder 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 properly 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 without 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;
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7. “Clone” means a nonflowering plant cut from a mother plant
that is capable of developing into a new plant a nd has shown no
signs of flowering;
8. “Commissioner” means the State Commissioner of Health;
9. “Complete application ” means a document pre pared in
accordance with the provisions set forth in the Oklahoma Medical
Marijuana and Patient Protection Act, ru les promulgated pursuant
thereto, and the forms and instructions provided by the Department
including any supporting documentation required and the app licable
license application fee;
10. “Department” means the State Department of Health;
11. “Director” means the Executive Director of the Oklahoma
Medical Marijuana Authority;
12. “Dispense” means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the designated
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 dispensar y, an
entity that has been licensed by the Department pursuant to the
Oklahoma Medical Marijuana and Pati ent Protection Act to purchase
medical marijuana or medical marijuana products from a licensed
medical marijuana commercial grower or medical marijuana processor,
sell medical marijuana or medical marijuana products to patients and
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caregivers as defined un der the Oklahoma Medical Marijuana and
Patient Protection Act, or sell or transfer products to another
dispensary;
14. “Edible medical marijuana produ ct” 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, general partnership, limited
partnership, limited lia bility 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 there 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 or other typical food -safe
cooking fats;
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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,
conditions or provisions of the act, any rules
promulgated pursuant thereto, or any supplemental
relevant state or local law, rule or regulation,
b. the licensee or applicant has failed to comply with
any special terms or conditions that were placed upon
the license pursuant to an or der of the State
Department of Health, Oklahoma Medical Marijuana
Authority or the municipality, or
c. the licensed premises of a medical marijuana business
or applicant have been operated in a manner that
adversely affects the public health or we lfare or the
safety of the immediate vicinity in which the
establishment is located;
20. “Harvest batch” means a specifically identified quantity of
medical marijuana that is uniform in strain, cultivated utilizing
the same cultivation practices, harvested at the same time from the
same location and cured under uniform conditions;
21. “Harvested marijuana” means post-flowering medical
marijuana not including trim, concentrate or waste;
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22. “Heat- or pressure-based medical marijuana concentrate ”
means a medical marijuana concentrate that was produced by
extracting cannabinoids from medical marijuana through the use o f
heat or pressure;
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 to,
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 respiratory system and ing estion 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 m arijuana plant that
has not demonstrated signs of flowering;
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 patient at a medical marijuana
dispensary, transferred to a medical marijuana research facility,
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destroyed by a medical mar ijuana business or used in a research
project by a medical marijuana research facility;
25. 26. “Licensed patient” or “patient” means a person who has
been issued a medical marijuana patient license by the State
Department of Health or Oklahoma M edical Marijuana Authority;
26. 27. “Licensed premises” means the premises specified in an
application for a medi cal marijuana business license, medical
marijuana research facility license or medical marijuana education
facility license pursuant to the Oklahoma Me dical Marijuana and
Patient Protection Act that are owned or in possession of the
licensee and within whi ch the licensee is authorized to cultivate,
manufacture, distribute, sell, store, transport, test or research
medical marijuana or medical mar ijuana products in accordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto;
27. 28. “Manufacture” means the production, propagation,
compounding or processing of a medical marijuana product , excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or s ynthetic origin, or independently by means
of chemical synthesis, or by 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
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tetrahydrocannabinol which is grown, processed or sold pursuant to
the provisions of the Oklahoma Indust rial Hemp Program unless the
plant or material containing delta -8 or delta-10
tetrahydrocannabinol is use d in a hemp-derived cannabinoid product ;
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 production of medical marijuana,
medical marijuana conc entrate 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 dispensary, 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 medical marijuana that was produced by
extracting cannabinoids from medical marijuana. Categories of
medical marijuana concentrate include water -based medical marijuana
concentrate, food-based medical marijuana concentrate, solvent -based
medical marijuana concentrate, and heat - or pressure-based medical
marijuana concentrate;
33. 34. “Medical marijuana commercial grower ” or “commercial
grower” means an entity licensed to cultivate, pre pare and package
medical marijuana and transfer or contract for transfer medical
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marijuana to a medical marijuana dispensary, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana educatio n facility
and pesticide manufacturers. A commercial grower may sell seeds,
flower or clones to commerci al 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 pursuant to the Oklahoma
Medical Marijuana and Patient Protection Ac t 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 production, manufacture,
extraction, processing, packaging or creat ion of medical-marijuana-
infused products or medical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act;
35. 36. “Medical-marijuana-infused product” means a product
infused with medical marijuana including, but no t limited to, edible
products, ointments and tinctures;
36. 37. “Medical marijuana product ” or “product” means a
product that contains cannabinoids th at have been extracted from
plant material or the resin therefrom by physical or chemical means
and is intended for administration to a qualified patient including,
but not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids and forms administered by a
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nebulizer, excluding live plant forms which are considered me dical
marijuana;
37. 38. “Medical marijuana processor ” means a person or entity
licensed pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act to operate a business including the production,
manufacture, extraction, processing, packaging o r 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 research facility ” or “research
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to conduct medical
marijuana research. A medical marijuana resear ch facility is not a
medical marijuana business;
39. 40. “Medical marijuana testing laboratory ” 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 marijuana, medical m arijuana concentrate
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or medical marijuana products to a property or facility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana business;
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 transportation of medical marijuana, medical
marijuana products, medical m arijuana devices or paraphernalia
relating to the administration of medical 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 material 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, t he State Board of Osteopathic Examiners
or the Board of Podiatric Medical Examiners;
45. 46. “Oklahoma resident” means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
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46. 47. “Owner” means, except where the context otherwise
requires, a direct beneficial owner including, but not limited to,
all persons or entities as follows:
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 partners that own
an interest in a lim ited partnership,
d. all members that own an interest in a limited
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 interest 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 int erest 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 enclose or
contain medical marijuana;
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48. 49. “Person” means a natural person, partnership,
association, business trust, company, corporation, estate, limited
liability company, trust or any other legal entity or organization,
or a manager, agent, owner, director, servant, officer or employee
thereof, except that person does not include any governmental
organization;
49. 50. “Pesticide” means any substance or m ixture of
substances intended for preventing, destroying, repelling or
mitigating any pest or any substance 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 produced using the same extraction
methods, standard op erating procedures and an
identical group of harvest batch of medical marijuana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingredients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
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51. 52. “Public institution” means any entity established or
controlled by the federal government, state government , or a local
government or municipality including, but not limited to,
institutions of higher education or related research institutions;
52. 53. “Public money” means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
53. 54. “Recommendation” means a document that is signed or
electronically submitt ed by a physician on behalf of a patient for
the use of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Ac t;
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 concent rate and
retested as required by the Oklahoma Medical Marijuana and Patient
Protection Act;
56. 57. “Research project” means a discrete scien tific endeavor
to answer a research question or a set of research questions related
to medical marijuana and is re quired for a medical marijuana
research license. A research project shall include a description of
a defined protocol, clearly articulated goals, defi ned methods and
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outputs, and a defined start and end date. The description shall
demonstrate that the re search project will comply with all
requirements in the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant t hereto. All research
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 Okla homa 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 Patient Protection Act or rules
promulgated pursuant t hereto;
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 solely for the t ransport 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;
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60. 61. “Solvent-based medical marijuana concentrate ” means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijua na through the use of a solvent
approved by the Department;
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 sativa, indica, afghanica, ruderalis
or hybrid varieties;
63. 64. “THC” means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by decarboxylation 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 d uring a seven-day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from usable marijuana, means an identifie d
quantity that is uniform, that is intended to meet specifications
for identity, strength and compositio n, and that is manufactured,
packaged and labeled during a specified time period according to a
single manufacturing, packaging and labeling p rotocol;
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65. 66. “Transporter agent” means a person who transports
medical marijuana or medical marijuana product s for a licensed
transporter and holds a transporter agent license pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act;
66. 67. “Universal symbol” means the image established by the
State Department of Health or Oklahoma Medical Marijuan a Authority
and made available to licensees through its website indicating that
the medical marijuana or the medical marijuana product contain s THC;
67. 68. “Usable marijuana” means the dried leaves, flowers,
oils, vapors, waxes and other portions of the marijuana plant and
any mixture or preparation thereof, excluding seeds, roots, stems,
stalks and fan leaves; and
68. 69. “Water-based medical marijua na concentrate” means a
concentrate that was produced by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
SECTION 2. This act shall become effective November 1, 2024.
COMMITTEE REPORT BY: COMMITTEE ON ALCOHOL, TOBACCO AND CONTROLLED
SUBSTANCES, dated 04/10/2024 - DO PASS, As Amended.