An Act
ENROLLED SENATE
BILL NO. 1995 By: Howard of the Senate
and
Pfeiffer of the House
An Act relating to multiple versions of medical
marijuana statutes; amending, merging, consolidating,
and repealing multiple versions of statutes; amending
63 O.S. 2021, Section 420, as last amended by Section
1, Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023,
Section 420); repealing 63 O.S. 2021, Section 420, as
last amended by Section 2, Chapter 312, O.S.L. 2019
(63 O.S. Supp. 2023, Section 420); repealing 63 O.S.
2021, Section 420, as last amended by Section 1,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2023, Section
420); amending 63 O.S. 2021, Section 421, as last
amended by Section 1, Chapter 3 22, O.S.L. 2023 (63
O.S. Supp. 2023, Section 421); repealing 63 O.S.
2021, Section 421, as amended by Section 2, Chapter
251, O.S.L. 2022 (63 O.S. Supp. 2023, Section 421);
amending 63 O.S. 2021, Section 422, as last amended
by Section 2, Chapter 3 22, O.S.L. 2023 (63 O.S. Supp.
2023, Section 422); repealing 63 O.S. 2021, Section
422, as last amended by Section 1, Chapter 329,
O.S.L. 2022 (63 O.S. Supp. 2023, Section 422);
amending 63 O.S. 2021, Section 423, as last amended
by Section 3, Chapter 3 22, O.S.L. 2023 (63 O.S. Supp.
2023, Section 423); repealing 63 O.S. 2021, Section
423, as amended by Section 4, Chapter 251, O.S.L.
2022 (63 O.S. Supp. 2023, Section 423); amending 63
O.S. 2021, Section 425, as last amended by Section 2,
Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023, Section
425); repealing 63 O.S. 2021, Section 425, as la st
amended by Section 1, Chapter 10, O.S.L. 2022 (63
O.S. Supp. 2023, Section 425); repealing 63 O.S.
2021, Section 425, as last amended by Section 5,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2023, Section
ENR. S. B. NO. 1995 Page 2
425); repealing 63 O.S. 2021, Section 425, as last
amended by Section 2, Chapter 317, O.S.L. 2022 (63
O.S. Supp. 2023, Section 425); amending 63 O.S. 2021,
Section 426.1, as last amended by Section 6, Chapter
251, O.S.L. 2022 (63 O.S. Supp. 2023, Section 426.1);
repealing 63 O.S. 2021, Section 426.1, as am ended by
Section 3, Chapter 584, O.S.L. 2021 (63 O.S. Supp.
2023, Section 426.1); amending 63 O.S. 2021, Section
427.2, as last amended by Section 7, Chapter 251,
O.S.L. 2022 (63 O.S. Supp. 2023, Section 427.2);
repealing 63 O.S. 2021, Section 427.2, as la st
amended by Section 1, Chapter 141, O.S.L. 2022 (63
O.S. Supp. 2023, Section 427.2); repealing 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); amending 63 O.S. 2021, Section 427.3, as
amended by Section 8, Chapter 251, O.S.L. 2022 (63
O.S. Supp. 2023, Section 427.3); repealing 63 O.S.
2021, Section 427.3, as amended by Section 30 Chapter
228, O.S.L. 2022 (63 O.S. Supp. 2023, Section 427.3);
repealing 63 O.S. 2021, Section 427.3, as l ast
amended by Section 4, Chapter 322 , O.S.L. 2023 (63
O.S. Supp. 2023, Section 427.3); amending 63 O.S.
2021, Section 427.6, as last amended by Section 4,
Chapter 168, O.S.L. 2023 (63 O.S. Supp. 2023, Section
427.6); repealing 63 O.S. 2021, Section 427.6, as
amended by Section 2, Chapter 482, O.S.L. 202 1 (63
O.S. Supp. 2023, Section 427.6); repealing 63 O.S.
2021, Section 427.6, as last amended by Section 10,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2023, Section
427.6); amending 63 O.S. 2021, Section 427.1 3, as
last amended by Section 14, Chapter 251, O.S.L. 2022
(63 O.S. Supp. 2023, Section 427.13); repealing 63
O.S. 2021, Section 427.13, as amended by Section 7,
Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023, Section
427.13); amending 63 O.S. 2021, Section 427.14, as
last amended by Section 7, Chapter 322, O.S.L. 2023
(63 O.S. Supp. 2023, Section 427.14); repealing 63
O.S. 2021, Section 427.14, as amended by Section 8,
Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023, Section
427.14); repealing 63 O.S. 2021, Sec tion 427.14, as
last amended by Section 2, Chapter 328, O.S.L. 2022
ENR. S. B. NO. 1995 Page 3
(63 O.S. Supp. 2023, Section 427.14); repealing 63
O.S. 2021, Section 427.14, as last amended by Section
1, Chapter 41, O.S.L. 2023 (63 O.S. Supp. 2023,
Section 427.14); amending 63 O.S. 2 021, Section 430,
as last amended by Section 11, Chapter 168, O.S.L.
2023 (63 O.S. Supp. 2023, Section 430); repealing 63
O.S. 2021, Section 430, as amended by Section 12,
Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023, Section
430); repealing 63 O.S. 2021, Section 430, as last
amended by Section 24, Chapter 251, O.S.L. 2022 (63
O.S. Supp. 2023, Section 430); and declaring an
emergency.
SUBJECT: Amending, merging, consolidating, and repealing multiple
versions of medical marijuana statutes
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 420, as last
amended by Section 1, Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023,
Section 420), is amended to read as follows:
Section 420. A. A person in possession of a state -issued
medical marijuana patient license shall be able to:
1. Consume marijuana legally;
2. Legally possess up to three (3) ounces or eighty-four and
nine-tenths (84.9) grams of marijuana on their person;
3. Legally possess six mature marijuana plants and the
harvested marijuana therefrom ;
4. Legally possess six seedling plants;
5. Legally possess one (1) ounce or twenty-eight and three
tenths (28.3) grams of concentrated marijuana;
ENR. S. B. NO. 1995 Page 4
6. Legally possess seventy -two (72) ounces or two thousand
thirty-seven and six-tenths (2037.6) grams of edible marijuana; and
7. Legally possess up to eight (8) ounces or two hundred
twenty-six and four-tenths (226.4) grams of marijuana in their
residence; and
8. Legally possess seventy-two (72) ounces of topical
marijuana.
B. Possession of up to one and one -half (1.5) ounces or forty-
two and forty-five one-hundredths (42.45) grams of marijuana by
persons who can state a medical condition, but are not in possession
of a state-issued medical marijuana patient license, shall
constitute a misdemeanor offense punishable by a fine not to exceed
Four Hundred Dollars ($400.00) and shall not be subject to
imprisonment for the offense. Any law enforcement officer who comes
in contact with a person in violation of this subsection and who is
satisfied as to the identity of the person, as well as any other
pertinent information the law enforcement officer deems necessary,
shall issue to the person a written citation containing a notice to
answer the charge against the person in the appropriate court. Upon
receiving the written promise of the alleged violator to answer as
specified in the citation, the law enforcement officer shall release
the person upon personal recognizance unless there h as been a
violation of another provision of law.
C. A regulatory office The Oklahoma Medical Marijuana Authority
shall be established under the State Department of Health which
shall receive applications for medical marijuana patient and
caregiver license recipients, dispensaries, growers, and packagers
processors within sixty (60) days of the passage of this initiative.
D. The State Department of Health Authority shall, within
thirty (30) days of passage of this initiative, make available on
its website, in an easy-to-find location, an application for a
medical marijuana patient license. The license shall be good valid
for two (2) years. The biannual application fee shall be One
Hundred Dollars ($100.00), or Twenty Dollars ($20.00) for
individuals on Medicaid, Medicare or SoonerCare. The methods of
payment shall be provided on the website of the Department
ENR. S. B. NO. 1995 Page 5
Authority. Reprints of the medical marijuana patient license shall
be Twenty Dollars ($20.00).
E. A short-term medical marijuana patient license application
shall also be made available on the website of the State Department
of Health Authority. A short-term medical marijuana patient license
shall be granted to any applicant who can meet the requirements for
a two-year medical marijuana patient license, but whose physician
recommendation for medical marijuana is only valid for sixty (60)
days. Short-term medical marijuana patient licenses shall be issued
for sixty (60) days. The fee for a short -term medical marijuana
patient license, reprints of the short-term medical marijuana
patient license, and the procedure for extending or renewing the
license shall be determined by the Department Executive Director of
the Authority.
F. A temporary medical marijuana patient license application
shall also be made available on the website of the Department
Authority for residents of other states . A temporary Temporary
medical marijuana license patient licenses shall be granted to any
medical marijuana license holder holders from other states, provided
that the state has a such states have state-regulated medical
marijuana program programs, and the applicant applicants can prove
he or she is a member they are members of such program programs.
Temporary medical marijuana patient licenses shall be issued for
thirty (30) days. The cost for a temporary license shall be One
Hundred Dollars ($100.00). Renewal shall be granted with
resubmission of a new application. No additional criteria shall be
required. Reprints of the temporary medical marijuana patient
license shall be Twenty Dollars ($20.00).
G. Medical marijuana patient license applicants shall submit
his or her their applications to the State Department of Health
Authority for approval. The applicant shall be an Oklahoma state a
resident of this state and shall prove residency by a valid driver
license, utility bills, or other accepted methods.
H. The State Department of Health Authority shall review the
medical marijuana patient license application,; approve, or reject,
or deny the application,; and mail the approval, or rejection, or
denial letter stating any reasons for rejection , to the applicant
within fourteen (14) business days of receipt of the application.
ENR. S. B. NO. 1995 Page 6
Approved applicants shall be issued a medical marijuana patient
license which shall ac t as proof of his or her approved status.
Applications may only be rejected or denied based on the applicant
not meeting stated criteria or improper completion of the
application.
I. The State Department of Health shall only keep the following
records for each approved medical marijuana license:
1. A digital photograph of the license holder;
2. The expiration date of the license;
3. The county where the card was issued; and
4. A unique 24-character identification number assigned to the
license.
J. The State Department of Health Authority shall make
available, both on its website and through a telephone verification
system, an easy method to validate the authenticity of the medical
marijuana patient license by the unique 24-character twenty-four-
character identification number.
K. J. The State Department of Health Authority shall ensure
that all application medical marijuana patient and caregiver records
and information are sealed to protect the privacy of medical
marijuana patient license applicants.
L. K. A caregiver license shall be made available for qualified
caregivers of a medical marijuana patient license holder who is
homebound. As provided in Section 427.11 of this title, the
caregiver license shall provide the caregiver the same rig hts as the
medical marijuana patient licensee including the ability to possess
marijuana, marijuana products and mature and immature plants or
cultivated medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act, but excluding the ability to
use marijuana or marijuana products unless the caregiver has a
medical marijuana patient license. An applicant Applicants for a
caregiver license shall submit proof of the license status and
homebound status of the medical marijuana patien t and proof that the
applicant is the designee of the medical marijuana patient. The
ENR. S. B. NO. 1995 Page 7
applicant shall also submit proof that he or she is eighteen (18)
years of age or older and proof of his or her Oklahoma state
residency. This shall be the only criteria for a caregiver license.
A licensed caregiver shall not cultivate medical marijuana for more
than five medical marijuana patient licensees and shall not charge a
medical marijuana patient licensee for cultivating medical marijuana
in excess of the actual costs incurred in cultivating the medical
marijuana.
M. L. All applicants for a medical marijuana patient license
shall be eighteen (18) years of age or older. A special exception
shall be granted to an applicant under the age of eighteen (18);
however, these applications shall be signed by two physicians and
the parent or legal guardian of the applicant.
N. M. All applications for a medical marijuana patient license
shall be signed by an Oklahoma physician licensed by and in good
standing with the St ate Board of Medical Licensure and Supervision,
the State Board of Osteopathic Examiners, or the Board of Podiatric
Medical Examiners. There are no qualifying conditions. A medical
marijuana patient license must shall be recommended according to the
accepted standards a reasonable and prudent physician would follow
when recommending or approving any medication. No physician may be
unduly stigmatized, penalized, subjected to discipline, sanctioned,
reprimanded or harassed for signing a medical marijuana patient
license application; provided, the physician acted in accordance
with the provisions of this subsection and all other rules governing
the medical license of the physician in this state.
O. N. Counties and cities may enact medical marijuana
guidelines allowing medical marijuana patient license holders or
caregivers caregiver license holders to exceed the state limits set
forth in subsection A of this section.
SECTION 2. REPEALER 63 O.S. 2021, Section 420, as last
amended by Section 2, Chapter 312, O.S.L. 2019 (63 O.S. Supp. 2023,
Section 420), is hereby repealed.
SECTION 3. REPEALER 63 O.S. 2021, Section 420, as last
amended by Section 1, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 420), is hereby repealed.
ENR. S. B. NO. 1995 Page 8
SECTION 4. AMENDATORY 63 O.S. 2021, Section 421, as last
amended by Section 1, Chapter 3 22, O.S.L. 2023 (63 O.S. Supp. 2023,
Section 421), is amended to read as follows:
Section 421. A. The Oklahoma Medica l Marijuana Authority shall
make available on its website in an easy -to-find location an
application for a medical marijuana dispensary license. The
application fee to be paid by the applicant shall be in the amounts
provided for in Section 427.14 of this title. A method of payment
for the application fee shall be provided on the website of the
Authority. Dispensary applicants must all be residents of Oklahoma.
Any entity applying for a dispensary license must be owned by an
Oklahoma resident a resident of this state and must be registered to
do business in Oklahoma this state. The Authority shall have ninety
(90) business days to review the application; approve, reject, or
deny the application; and send the approval, rejection, or denial
letter stating reasons for the rejection or denial to the applicant
in the same method the application was submitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty -five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in this state;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents of this state;
4. An applying entity may show ownership of non-Oklahoma
nonstate residents, but that percentage ownership may not exceed
twenty-five percent (25%);
5. All applying individuals or entities must be registered to
conduct business in this state; and
6. All applicants must disclose all ownership interests in the
dispensary.
ENR. S. B. NO. 1995 Page 9
Applicants with a nonviolent felony conviction in the last two
(2) years, any other felony conviction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarc erated shall not qualify for a medical
marijuana dispensary license.
C. Licensed medical marijuana dispensaries shall be required to
complete a monthly sales report to the Authority. This report shall
be due on the fifteenth of each month and provide re porting on the
previous month. This report shall detail the weight of marijuana
purchased at wholesale and the weight of marijuana sold to licensed
medical marijuana patients and licensed caregivers and account for
any waste. The report shall show total sales in dollars, tax
collected in dollars, and tax due in dollars. The Authority shall
have oversight and auditing responsibilities to ensure that all
marijuana being grown is accounted for.
D. Only a licensed medical marijuana dispensary may conduct
retail sales of marijuana or marijuana derivatives. Beginning on
November 1, 2021, licensed medical marijuana dispensaries shall be
authorized to package and sell pre -rolled marijuana to licensed
medical marijuana patients and licensed caregivers. The pro ducts
described in this subsection shall contain only the ground parts of
the marijuana plant and shall not include marijuana concentrates or
derivatives. The total net weight of each pre -roll packaged and
sold by a medical marijuana dispensary shall not exceed one (1)
gram. These products shall be tested, packaged and labeled in
accordance with Oklahoma state law and rules promulgated by the
Executive Director of the Oklahoma Medical Marijuana Authority.
E. No medical marijuana dispensary shall offer o r allow a
medical marijuana patient licensee, caregiver licensee or other
member of the public to handle or otherwise have physical contact
with any medical marijuana not contained in a sealed or separate
package. Provided, such prohibition shall not prec lude an employee
of the medical marijuana dispensary from handling loose or
nonpackaged medical marijuana to be placed in packaging consistent
with the Oklahoma Medical Marijuana and Patient Protection Act and
the rules promulgated by the Authority Executive Director for the
packaging of medical marijuana for retail sale. Provided, further,
such prohibition shall not prevent a medical marijuana dispensary
from displaying samples of its medical marijuana in separate display
ENR. S. B. NO. 1995 Page 10
cases, jars or other containers a nd allowing medical marijuana
patient licensees and caregiver licensees the ability to handle or
smell the various samples as long as the sample medical marijuana is
used for display purposes only and is not offered for retail sale.
SECTION 5. REPEALER 63 O.S. 2021, Section 421, as
amended by Section 2, Chapter 25 1, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 421), is hereby repealed.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 422, as last
amended by Section 2, Chapter 322, O.S.L. 2023 (63 O.S. Supp. 2023,
Section 422), is amended to read as follows:
Section 422. A. The Oklahoma Medical Marijuana Authority shall
make available on its website in an easy -to-find location an
application for a medical mariju ana commercial grower license. The
application fee shall be paid by the applicant in the amounts
provided for in Section 427.14 of this title. A method of payment
for the application fee shall be provided on the website of the
Authority. The Authority s hall have ninety (90) business days to
review the application; approve, reject, or deny the application;
and send the approval, rejection, or denial letter stating the
reasons for the rejection or denial to the applicant in the same
method the application was submitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty -five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in this state;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents;
4. An applying entity may show ownership of non -Oklahoma
residents, but that percentage ownership may not exceed twenty -five
percent (25%);
ENR. S. B. NO. 1995 Page 11
5. All applying individuals or entities must be registered to
conduct business in this state; and
6. All applicants must disclose all ownership interests in the
commercial grower operation.
Applicants with a nonviolent felony conviction in the l ast two
(2) years, any other felony conviction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated shall not qualify for a commercial
grower license.
C. A licensed medical marijuana com mercial grower may sell
marijuana to a licensed medical marijuana dispensary or a licensed
medical marijuana processor. Further, sales by a licensed medical
marijuana commercial grower shall be considered wholesale sales and
shall not be subject to taxati on. Under no circumstances may a
licensed medical marijuana commercial grower sell marijuana directly
to a licensed medical marijuana patient or licensed medical
marijuana caregiver. A licensed medical marijuana commercial grower
may only sell at the who lesale level to a licensed medical marijuana
dispensary, a licensed medical marijuana commercial grower or a
licensed medical marijuana processor. If the federal government
lifts restrictions on buying and selling marijuana between states,
then a licensed medical marijuana commercial grower would be allowed
to sell and buy marijuana wholesale from, or to, an out -of-state
wholesale provider. A licensed medical marijuana commercial grower
shall be required to complete a monthly yield and sales report to
the Authority. This report shall be due on the fifteenth of each
month and provide reporting on the previous month. This report
shall detail the amount of marijuana harvested in pounds, the amount
of drying or dried marijuana on hand, the amount of marijuan a sold
to licensed processors in pounds, the amount of waste in pounds, and
the amount of marijuana sold to licensed medical marijuana
dispensaries in pounds. Additionally, this report shall show total
wholesale sales in dollars. The Authority shall have oversight and
auditing responsibilities to ensure that all marijuana being grown
by licensed medical marijuana commercial growers is accounted for.
D. There shall be no limits on how much marijuana a licensed
medical marijuana commercial grower can grow .
ENR. S. B. NO. 1995 Page 12
E. Beginning on November 1, 2021, licensed medical marijuana
commercial growers shall be authorized to package and sell pre -
rolled marijuana to licensed medical marijuana dispensaries. The
products described in this subsection shall contain only the g round
parts of the marijuana plant and shall not include marijuana
concentrates or derivatives. The total net weight of each pre -roll
packaged and sold by licensed medical marijuana commercial growers
shall not exceed one (1) gram. These products must be tested,
packaged and labeled in accordance with Oklahoma law and rules
promulgated by the Authority.
F. Beginning November 1, 2022, all medical marijuana commercial
grower licensees who operate an outdoor medical marijuana production
facility shall be required to register with the Oklahoma Department
of Agriculture, Food, and Forestry as an environmentally sensitive
crop owner. Registration shall provide notice to commercial and
private pesticide applicators of the locations of medical marijuana
crops and help minimize the potential for damaging pesticide drift.
Medical marijuana commercial grower licensees shall provide their
business name, address, Global Positioning System (GPS) coordinates
for all outdoor medical marijuana production facilities, and any
other information required by the Department when registering with
the Environmentally Sensitive Area Registry.
SECTION 7. REPEALER 63 O.S. 2021, Section 422, as last
amended by Section 1, Chapter 329, O.S.L. 2022 (63 O.S. S upp. 2023,
Section 422), is hereby repealed.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 423, as last
amended by Section 3, Chapter 3 22, O.S.L. 2023 (63 O.S. Supp. 2023,
Section 423), is amended to read as follows:
Section 423. A. The Oklahoma Medical Marijuana Authority shall
make available on its website in an easy -to-find location an
application for a medical marijuana processing license. The
Authority shall be authorized to issue two types of medical
marijuana processor li censes based on the level of risk posed by the
type of processing conducted:
1. Nonhazardous medical marijuana processor license; and
2. Hazardous medical marijuana processor license.
ENR. S. B. NO. 1995 Page 13
The application fee for a nonhazardous or hazardous medical
marijuana processor license shall be paid by the applicant in the
amounts provided for in Section 427.14 of this title. A method of
payment shall be provided on the website of the Authority. The
Authority shall have ninety (90) business days to review the
application; approve, reject, or deny the application; and send the
approval, rejection, or denial letter stating the reasons for the
rejection or denial to the applicant in the same method the
application was submitted to the Authority.
B. The Authority shal l approve all applications which meet the
following criteria:
1. The applicant must be twenty -five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in this state;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents of this state;
4. An applying entity may show ownership of non-Oklahoma
nonstate residents, but that percentage ownership may not exceed
twenty-five percent (25%);
5. All applying individu als or entities must be registered to
conduct business in this state; and
6. All applicants must disclose all ownership interests in the
processing operation.
Applicants with a nonviolent felony conviction in the last two
(2) years, any other felony con viction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated shall not qualify for a medical
marijuana processing license.
C. 1. A licensed processor may take marijuana plants and
distill or process these plants into concentrates, edibles, and
other forms for consumption.
ENR. S. B. NO. 1995 Page 14
2. As required by subsection D of this section, the The
Executive Director of the Authority shall make available a set of
standards which shall be used by licensed pr ocessors in the
preparation of edible marijuana products. The standards should be
in line with current food preparation guidelines. No excessive or
punitive rules may be established by the Authority Executive
Director.
3. Up to two times a year, the Au thority may inspect a
processing operation and determine its compliance with the
preparation standards. If deficiencies are found, a written report
of the deficiency shall be issued to the licensed processor. The
licensed processor shall have one (1) mon th to correct the
deficiency or be subject to a fine of Five Hundred Dollars ($500.00)
for each deficiency.
4. A licensed processor may sell marijuana products it creates
to a licensed dispensary or any other licensed processor. All sales
by a licensed processor shall be considered wholesale sales and
shall not be subject to taxation.
5. Under no circumstances may a licensed processor sell
marijuana or any marijuana product directly to a licensed medical
marijuana patient or licensed caregiver. Howeve r, a licensed
processor may process cannabis into a concentrated form for a
licensed medical marijuana patient for a fee.
6. Licensed processors shall be required to complete a monthly
yield and sales report to the Authority. This report shall be due
on the fifteenth of each month and shall provide reporting on the
previous month. This report shall detail the amount of marijuana
and medical marijuana products purchased in pounds, the amount of
marijuana cooked or processed in pounds, and the amount of w aste in
pounds. Additionally, this report shall show total wholesale sales
in dollars. The Authority shall have oversight and auditing
responsibilities to ensure that all marijuana being processed is
accounted for.
D. The Authority shall oversee the in spection and compliance of
licensed processors producing products with marijuana as an
additive. The Authority shall be compelled to, within thirty (30)
ENR. S. B. NO. 1995 Page 15
days of passage of this initiative, appoint twelve (12) Oklahoma
residents to the Medical Marijuana Ad visory Council, who are
marijuana industry experts, to create a list of food safety
standards for processing and handling medical marijuana in Oklahoma.
These standards shall be adopted by the Authority and the Authority
may enforce these standards for li censed processors. The Authority
shall develop a standards review procedure and these standards can
be altered by calling another council of twelve (12) Oklahoma
marijuana industry experts. A signed letter of twenty operating,
licensed processors shall c onstitute a need for a new council and
standards review.
E. If it becomes permissible under federal law, marijuana may
be moved across state lines.
F. E. Any device used for the processing or consumption of
medical marijuana shall be considered legal t o be sold,
manufactured, distributed and possessed. No merchant, wholesaler,
manufacturer or individual may be unduly harassed or prosecuted for
selling, manufacturing or possessing marijuana paraphernalia.
SECTION 9. REPEALER 6 3 O.S. 2021, Section 423, as
amended by Section 4, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 423), is hereby repealed.
SECTION 10. AMENDATORY 63 O.S. 2021, Section 425, as
last amended by Section 2, Chapter 584, O.S.L. 2 021 (63 O.S. Supp.
2023, Section 425), is amended to read as follows:
Section 425. A. No school or landlord may refuse to enroll or
lease to and may not otherwise penalize a person solely for his or
her status as a licensed medical marijuana patient, un less failing
to do so would cause the school or landlord the potential to lose a
monetary or licensing -related benefit under federal law or
regulations.
B. 1. Unless a failure to do so would cause an employer the
potential to lose a monetary or licensin g-related benefit under
federal law or regulations, an employer may not discriminate against
a person in hiring, termination or imposing any term or condition of
employment or otherwise penalize a person based upon the status of
the person as a licensed me dical marijuana patient.
ENR. S. B. NO. 1995 Page 16
2. Employers may take action against a licensed medical
marijuana patient if the licensed medical marijuana patient uses or
possesses marijuana while in his or her place of employment or
during the hours of employment. Employers may not take action
against the licensed medical marijuana patient solely based upon the
status of an employee as a licensed medical marijuana patient or the
results of a drug test showing positive for marijuana or its
components.
C. For the purposes of medical care, including organ
transplants, the authorized use of marijuana by a licensed medical
marijuana patient shall be considered the equivalent of the use of
any other medication under the direction of a physician and does not
constitute the use of an illicit substance or otherwise disqualify a
registered qualifying patient from medical care.
D. No licensed medical marijuana patient may be denied custody
of or visitation or parenting time with a minor child, and there is
no presumption of neglect o r child endangerment for conduct allowed
under this law, unless the behavior of the person creates an
unreasonable danger to the safety of the minor child.
E. No licensed medical marijuana patient may unduly be withheld
from holding a state -issued license by virtue of their being a
licensed medical marijuana patient including, but not limited to, a
concealed carry permit.
F. 1. No city or local municipality may unduly change or
restrict zoning laws to prevent the opening of a medical marijuana
dispensary.
2. For purposes of this subsection, an undue change or
restriction of municipal zoning laws means an act which entirely
prevents medical marijuana dispensaries from operating within
municipal boundaries as a matter of law. Municipalities may follow
their standard planning and zoning procedures to determine if
certain zones or districts would be appropriate for locating
marijuana-licensed premises, medical marijuana businesses or any
other premises where marijuana or its by -products are cultivated,
grown, processed, stored or manufactured.
ENR. S. B. NO. 1995 Page 17
3. For purposes of this section, a medical marijuana dispensary
does not include those other entities licensed by the Department
Oklahoma Medical Marijuana Authority as marijuana-licensed premises,
medical marijuana businesses or other facilities or locations where
marijuana or any product containing marijuana or its by -products are
cultivated, grown, processed, stored or manufactured.
G. 1. Except as otherwise provided in this subsection, the
location of any retail medical marijuana dispensary is specifically
prohibited within one thousand (1,000) feet of any school entrance.
On and after the effective date of this act, for purposes of
calculating the 1,000 -foot setback distance, the measurement shall
be determined by calculating the distance in a straight line from
the school door nearest the front door of the retail marijuana
dispensary to the front door of the retail marijuana dispensary.
1. 2. On and after June 26, 2018, if any school is established
within one thousand (1,000) feet of any retail marijuana dispensary
after a license has been issued by the Authority for that location,
the setback distance between properties shall not apply as long as
the licensed property is used for its original licensed purp ose.
The licensed location shall be grandfathered in as to the setback
distance as long as the property is used in accordance with the
original licensed purpose.
2. 3. On and after June 26, 2018, the Authority, due to an
error in measurement of the setb ack distance or failure to measure
the setback distance by the Authority prior to issuance of an
original license at a location, shall not:
a. deny any issuance or renewal of a license at that
location,
b. deny any transfer of license pursuant to a chang e in
ownership at that location, or
c. revoke any license due to an error in measurement or
failure to measure the setback distance, except as
otherwise provided by law.
ENR. S. B. NO. 1995 Page 18
The retail marijuana dispensary shall be grandfathered in as to
the setback distance , subject only to the municipal compliance
provisions of Section 426.1 of this title.
3. 4. For purposes of this subsection and subsection H of this
section:
a. “school” means the same as defined in Section 427.2 of
this title, and
b. “error in measurement” means a mistake made by the
Authority or a municipality in the setback measurement
process where either the distance between a retail
marijuana dispensary and a school is miscalculated due
to mathematical error or the method used to measure
the setback distance is inconsistent with this
section. The setback measurement process is allowed
an error in measurement up to and including five
hundred (500) feet when remeasured after an original
license has been issued.
H. The location of any medical marij uana commercial grower
shall not be within one thousand (1,000) feet of any school as
measured from the nearest property line of such school to the
nearest property line of the licensed premises of such medical
marijuana commercial grower. Additionally, t he location of the
medical marijuana commercial grower shall not adjoin to any school
or be located at the same physical address as the school. If a
medical marijuana commercial grower met the requirements of this
subsection at the time of its initial lic ensure, the medical
marijuana commercial grower licensee shall be permitted to continue
operating at the licensed premises in the same manner and not be
subject to nonrenewal or revocation due to subsequent events or
changes in regulations occurring after licensure that would render
the medical marijuana commercial grower in violation of this
subsection. If any school is established within one thousand
(1,000) feet of any medical marijuana commercial grower after such
medical marijuana commercial grower ha s been licensed, or if any
school is established adjoining to or at the same physical address
as any medical marijuana commercial grower after such medical
marijuana commercial grower has been licensed, the provisions of
this subsection shall not be a dete rrent to the renewal of such
ENR. S. B. NO. 1995 Page 19
license or warrant revocation of the license. For purposes of this
subsection, a property owned, used, or operated by a school that is
not used for classroom instruction on core curriculum, such as an
administrative building, athletic facility, ballpark, field, or
stadium, shall not constitute a school unless such property is
located on the same campus as a building used for classroom
instruction on core curriculum.
SECTION 11. REPEALER 63 O.S. 2021, S ection 425, as last
amended by Section 1, Chapter 10, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 425), is hereby repealed.
SECTION 12. REPEALER 63 O.S. 2021, Section 425, as last
amended by Section 5, Chapter 251, O.S.L. 2022 (63 O. S. Supp. 2023,
Section 425), is hereby repealed.
SECTION 13. REPEALER 63 O.S. 2021, Section 425, as last
amended by Section 2, Chapter 317 , O.S.L. 2022 (63 O.S. Supp. 2023,
Section 425), is hereby repealed.
SECTION 14. AMENDATORY 63 O.S. 2021, Section 426.1, as
last amended by Section 6, Chapter 251, O.S.L. 2022 (63 O.S. Supp.
2023, Section 426.1), is amended to read as follows:
Section 426.1. A. All licensure revocation hearings conducted
pursuant to marijuana licenses established in the Oklahoma Statutes
shall be recorded. A party may request a copy of the recording of
the proceedings. Copies shall be provided to local law enforcement
if the revocation was based on alleged criminal activity.
B. The Oklahoma Medical Marijuana Authority shall assist any
law enforcement officer in the performance of his or her duties upon
such request by the law enforcement officer or the request of other
local officials having jurisdiction. Except for license informa tion
concerning licensed patients, as defined in Section 427.2 of this
title, the Authority shall share information with law enforcement
agencies upon request without a subpoena or search warrant.
C. The Authority shall make available all information on
whether or not a medical marijuana patient or caregiver license is
valid to law enforcement electronically through an online
verification system.
ENR. S. B. NO. 1995 Page 20
D. The Authority shall make available to state agencies and
political subdivisions a list of marijuana -licensed premises,
medical marijuana businesses or any other premises where marijuana
or its by-products are licensed to be cultivated, grown, processed,
stored or manufactured to aid state agencies and county and
municipal governments in identifying locations within their
jurisdiction and ensuring compliance with applicable laws, rules and
regulations.
E. 1. Any marijuana-licensed premises, medical marijuana
business or any other premises where marijuana or its by -products
are licensed to be cultivated, grown , processed, stored or
manufactured shall submit with its application or request to change
location, after notifying the political subdivision of its intent, a
certificate of compliance from the political subdivision where the
facility of the applicant or licensee is to be located certifying
compliance with zoning classifications, applicable municipal
ordinances and all applicable safety, electrical, fire, plumbing,
waste, construction and building specification codes.
2. Beginning on May 28, 2021, upon the initial request for
renewal or transfer of a retail marijuana dispensary license, a
municipal government may object to the continued licensure of the
medical marijuana dispensary if the municipal government determines
it is operating contrary to the req uired setback distance from a
school including the error in measurement allowance authorized by
Section 425 of this title.
3. To prevent the granting of the grandfather provisions of
Section 425 of this title as a matter of law, the municipal
government shall provide the following documentation prior to the
initial renewal or transfer of a license:
a. a municipal resolution finding that the marijuana
dispensary is located within the prohibited setback
distance from a school that was openly in existence i n
such a way that the public generally would have known
of the school’s existence and operation in that
location prior to the original marijuana dispensary
being licensed. For purposes of this subparagraph,
“openly in existence” means any building, locati on or
ENR. S. B. NO. 1995 Page 21
structure on a school site that has visible outward
markings indicating the building, location or
structure was operating as a school which would serve
as sufficient notice of the existence of the school or
a reason for further inquiry on the part of the
marijuana dispensary license applicant. Openly in
existence shall not mean any school that operated
secretly or discreetly without any signs or other
markings on any building, location or structure on the
school site, undeveloped land or a structure owned by
a school that was not openly used and marked as a
school site, or any school site that was established
after the marijuana dispensary had been established
and licensed by the Authority, and
b. documentation of the measured distance from the schoo l
to the marijuana dispensary utilizing the method for
determining the setback distance less any allowable
error in measurement calculated and remeasured on and
after the effective date of this act as authorized by
Section 425 of this title.
4. Prior to initial renewal or transfer of a license and upon
receipt of documentation required by paragraph 3 of this subsection,
if the Authority determines that the medical marijuana dispensary is
operating contrary to the required setback distance from a school
including the error in measurement allowance authorized by Section
425 of this title, the Authority may deny the renewal or transfer of
the medical marijuana dispensary license and shall cause the license
to be revoked.
5. For purposes of this subsection, “school” means the same as
defined in Section 427.2 of this title.
Once a certificate of compliance has been submitted to the
Oklahoma Medical Marijuana Authority showing full compliance as
outlined in this subsection, no additional certificate of complia nce
shall be required for license renewal unless a change of use or
occupancy occurs, or there is any change concerning the facility or
location that would, by law, require additional inspection,
licensure or permitting by the state or municipality.
ENR. S. B. NO. 1995 Page 22
SECTION 15. REPEALER 63 O.S. 2021, Section 426.1, as
amended by Section 3, Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023,
Section 426.1), is hereby repealed.
SECTION 16. AMENDATORY 63 O.S. 2021, Section 427.2, a s
last amended by Section 7, Chapter 251, 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 c onsideration for
the publication, dissemination, solicitation, or circulation, of
visual, oral, or written communication to induce directly or
indirectly any person to patronize a particular medical marijuana
business, or to purchase particular medical mar ijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. “Authority” means the Oklahoma Medical Marijuana Authority;
3. “Batch number” means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. “Cannabinoid” means any of the chemical compounds that are
active principles of marijuana;
5. “Caregiver” means a family member or assistant who regularly
looks after a medical marijuana patient 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), and
ENR. S. B. NO. 1995 Page 23
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;
7. “Clone” means a nonflowering plant cut from a mother plant
that is capable of developing into a new plant and has shown no
signs of flowering;
8. “Complete application ” means a document prepared in
accordance with the provisions set forth in the Oklahoma Medical
Marijuana and Patient Protection Act, rules promulgated pursuant
thereto, and the forms and instr uctions provided by the Oklahoma
Medical Marijuana Authority including any supporting documentation
required and the applicable license application fee;
9. “Director” means the Executive Director of the Oklahoma
Medical Marijuana Authority;
10. “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;
11. “Dispensary” means a medical marijuana dispensary, an
entity that has been licensed by the Authority pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act to purchase
medical marijuana or medical marijuana products from a licensed
medical marijuana commercial grower or licensed medical marijuana
processor, to prepare and package noninfused pre -rolled medical
marijuana, and to sell medical marijuana or medical marijuana
products to licensed patients and caregivers as defined in this
section, or sell or transfer products to another licensed
dispensary;
12. “Edible medical marijuana product ” means any medical-
marijuana-infused product for which the intended use is oral
ENR. S. B. NO. 1995 Page 24
consumption including, but not limited to, any type of fo od, drink
or pill;
13. “Entity” means an individual, general partnership, limited
partnership, limited liability company, trust, estate, association,
corporation, cooperative or any other legal or commercial entity;
14. “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 for consumption in a variety of medical marijuana
products;
15. “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;
16. “Exit package” means an opaque bag that is provided at the
point of sale in which pre -packaged medical marijuana is placed;
17. “Food-based medical marijuana conc entrate” 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;
17. 18. “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;
18. 19. “Harvested marijuana” means postflowering medical
marijuana not including trim, concentrate or waste;
19. 20. “Heat- or pressure-based medical marijuana concentrate ”
means a medical marijuana concentrate that was produced by
extracting cannabinoids from medical mariju ana through the use of
heat or pressure;
20. 21. “Immature plant” means a nonflowering marijuana plant
that has not demonstrated signs of flowering;
ENR. S. B. NO. 1995 Page 25
21. 22. “Inventory tracking system ” means the required tracking
system that accounts for the entire lif e span of medical marijuana
and medical marijuana products including any testing samples thereof
and medical marijuana waste;
22. 23. “Licensed patient” or “patient” means a person who has
been issued a medical marijuana patient license by the Oklahoma
Medical Marijuana Authority;
23. 24. “Licensed premises” means the premises specified in an
application for a medical marijuana business license, medical
marijuana research facility license or medical marijuana education
facility license pursuant to the O klahoma Medical Marijuana and
Patient Protection Act that are owned or in possession of the
licensee and within which the licensee is authorized to cultivate,
manufacture, distribute, sell, store, transport, test or research
medical marijuana or medical ma rijuana products in accordance with
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto;
24. 25. “Manufacture” means the production, propagation,
compounding or processing of a medical mariju ana product, excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, or by a combination of extraction and
chemical synthesis;
25. 26. “Marijuana” shall have the same meaning as such term is
defined in Section 2 -101 of this title and shall not include any
plant or material containing delta -8 or delta 10
tetrahydrocannabinol which is grown, processed, or sold pursuant to
the provisions of the Ok lahoma Industrial Hemp Program ;
26. 27. “Material change” means any change that would affect
the qualifications for licensure of an applicant or licensee;
27. 28. “Mature plant” means a harvestable female marijuana
plant that is flowering;
28. 29. “Medical marijuana business (MMB) ” means a licensed
medical marijuana dispensary, medical marijuana processor, medical
ENR. S. B. NO. 1995 Page 26
marijuana commercial grower, medical marijuana laboratory, medical
marijuana business operator or a medical marijuana transporter;
29. 30. “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;
30. 31. “Medical marijuana commercial grower ” or “commercial
grower” means an entity licensed to cultiv ate, prepare and package
medical marijuana or package medical marijuana as pre -rolls, and
transfer or contract for transfer medical marijuana and medical
marijuana pre-rolls to a medical marijuana dispensary, medical
marijuana processor, any other medical marijuana commercial grower,
medical marijuana research facility or medical marijuana education
facility. A commercial grower may sell seeds, flower or clones to
commercial growers pursuant to the Oklahoma Medical Marijuana and
Patient Protection Act;
31. 32. “Medical marijuana education facility ” or “education
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act to operate a facility
providing training and education to individuals involving th e
cultivation, growing, harvesting, curing, preparing, packaging or
testing of medical marijuana, or the production, manufacture,
extraction, processing, packaging or creation of medical -marijuana-
infused products or medical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act;
32. 33. “Medical-marijuana-infused product” means a product
infused with medical marijuana including, but not limited to, edible
products, ointments and tinctures;
33. 34. “Medical marijuana product” or “product” means a
product that contains cannabinoids that 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, oi ls, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids, and forms administered by a
ENR. S. B. NO. 1995 Page 27
nebulizer, excluding live plant forms which are considered medical
marijuana;
34. 35. “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 or creation of
concentrate, medical -marijuana-infused products or medical marijua na
products as described in the Oklahoma Medical Marijuana and Patient
Protection Act;
35. 36. “Medical marijuana research facility ” or “research
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and Patient Protectio n Act to conduct medical
marijuana research. A medical marijuana research facility is not a
medical marijuana business;
36. 37. “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;
37. 38. “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 marijuana concentrate
or medical marijuana products to a property or facility a djacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana business;
38. 39. “Medical marijuana waste ” or “waste” means unused,
surplus, returned or out -of-date marijuana, plant debris of t he
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;
39. 40. “Medical use” means the acquisition, possession, use,
delivery, transfer or transpor tation of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
ENR. S. B. NO. 1995 Page 28
relating to the administration of medical marijuana to treat a
licensed patient;
40. 41. “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;
41. 42. “Oklahoma physician” or “physician” means a physician
licensed by and in good s tanding with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Examiners;
42. 43. “Oklahoma resident” means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
43. 44. “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 intere st 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 limited 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
ENR. S. B. NO. 1995 Page 29
i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
44. 45. “Package” or “packaging” means any container or wrapper
that may be used by a medical marijuana business to enclose or
contain medical marijuana;
45. 46. “Person” means a natural person, partnership,
association, business trust, company, corporation, estate, limited
liability company, trust or any other legal entity or organiz ation,
or a manager, agent, owner, director, servant, officer or employee
thereof, except that person does not include any governmental
organization;
46. 47. “Pesticide” means any substance or mixture of
substances intended for preventing, destroying, re pelling 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 Sta tes Food and Drug
Administration;
47. 48. “Production batch” means:
a. any amount of medical marijuana concentrate of the
same category and produced using the same extraction
methods, standard operating 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;
48. 49. “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;
ENR. S. B. NO. 1995 Page 30
49. 50. “Public money” means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
50. 51. “Recommendation” means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act;
51. 52. “Registered to conduct business ” means a person that
has provided proof that the business applicant or licensee is in
good standing with the Secretary of S tate;
52. 53. “Remediation” means the process by which a harvest
batch or production batch that fails testing undergoes a procedure
to remedy the harvest batch or production batch and is retested in
accordance with state laws, rules and regulations;
53. 54. “Research project” means a discrete scientific endeavor
to answer a research question or a set of research questions related
to medical marijuana and is required for a medical marijuana
research license. A research project shall include a descriptio n of
a defined protocol, clearly articulated goals, defined methods and
outputs, and a defined start and end date. The description shall
demonstrate that the research project will comply with all
requirements in the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto. All research
and development conducted by a medical marijuana research facility
shall be conducted in furtherance of an approved research project;
54. 55. “Revocation” means the final decision by th e Authority
that any license issued pursuant to the Oklahoma Medical Marijuana
and Patient Protection Act is rescinded because the individual or
entity does not comply with the applicable requirements set forth in
the Oklahoma Medical Marijuana and Patient Protection Act or rules
promulgated pursuant thereto;
55. 56. “School” means a public or private elementary, middle
or high school, or technology center school which is primarily used
for school classes and 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;
ENR. S. B. NO. 1995 Page 31
56. 57. “Shipping container” means a hard-sided container with
a lid or other enclosure that can be secured in place. A shippin g
container is used solely for the transport of medical marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana education facility;
57. 58. “Solvent-based medical marijuana concentrate ” means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of a solvent
approved by the Executive Director;
58. 59. “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;
59. 60. “Strain” means the name given to a particular variety
of medical marijuana that is based on a combination of facto rs which
may include, but is not limited to, botanical lineage, appearance,
chemical profile and accompanying effects. An example of a “strain”
would be “OG Kush” or “Pineapple Express”;
60. 61. “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;
61. 62. “Transporter agent” means a person who transports
medical marijuana or medical marijuana products a s an employee of a
licensed medical marijuana business and holds a transporter agent
license specific to that business pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act;
62. 63. “Universal symbol” means the image established by the
Oklahoma Medical Marijuana Authority and made available to licensees
through its website indicating that the medical marijuana or the
medical marijuana product contains THC;
63. 64. “Usable marijuana” means the dried leaves, flowers,
oils, vapors, waxes an d other portions of the marijuana plant and
ENR. S. B. NO. 1995 Page 32
any mixture or preparation thereof, excluding seeds, roots, stems,
stalks and fan leaves; and
64. 65. “Water-based medical marijuana concentrate ” means a
concentrate that was produced by extracting cannabinoids from
medical marijuana through the use of only water, ice or dry ice.
SECTION 17. REPEALER 63 O.S. 2021, Section 427.2, as
last amended by Section 1, Chapter 141, O.S.L. 2022 (63 O.S. Supp.
2023, Section 427.2) , is hereby repealed.
SECTION 18. REPEALER 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 hereby repealed.
SECTION 19. AMENDATORY 63 O.S. 2021, Se ction 427.3, as
amended by Section 8, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 427.3), is amended to read as follows:
Section 427.3. A. There is hereby created the Oklahoma Medical
Marijuana Authority which shall address issues related to t he
medical marijuana program in this state including, but not limited
to, the issuance of patient licenses and medical marijuana business
licenses, and the dispensing, cultivating, processing, testing,
transporting, storage, research, and the use of and sa le of medical
marijuana pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act.
B. 1. Beginning on the effective date of this act, the
Authority shall cease to be part of or a division of the State
Department of Health and shall be deemed to be a separate and
distinct agency, to be known as the Oklahoma Medical Marijuana
Authority. The Authority and the Executive Director of the
Authority shall continue to exercise their statutory powers, duties,
and contractual responsibilities. All rec ords, property, equipment,
assets, monies, financial interests, liabilities, matters pending,
and funds of the division shall be transferred to the Authority.
2. All licenses granted by the Department pertaining to medical
marijuana shall maintain rights and privileges under the authority
of the Authority; provided, however, that all licenses shall be
subject to revocation, suspension, or disciplinary action for
ENR. S. B. NO. 1995 Page 33
violation of any of the provisions of the Oklahoma Medical Marijuana
and Patient Protection Ac t and rules promulgated by the Executive
Director.
3. The Authority shall succeed to any contractual rights or
responsibilities incurred by the Department pertaining to medical
marijuana.
4. Rules promulgated by the State Commissioner of Health
pertaining to medical marijuana that are in effect on the effective
date of this act shall be immediately adopted and enforced by the
Executive Director. The Executive Director maintains the authority
to further promulgate and enforce rules.
5. The Department and the Authority may enter into an agreement
for the transfer of personnel from the Department to the Authority.
No employee shall be transferred to the Authority except on the
freely given written consent of the employee. All employees who are
transferred to the Authority shall not be required to accept a
lesser grade or salary than presently received. All employees shall
retain leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with th e
Department. The transfer of personnel between the state agencies
shall be coordinated with the Office of Management and Enterprise
Services.
6. The expenses incurred by the Authority as a result of the
transfer required by this subsection shall be pai d by the Authority.
7. The division within the Department known as the Oklahoma
Medical Marijuana Authority shall be abolished by the Department
after the transfer has been completed.
8. The Office of Management and Enterprise Services shall
coordinate the transfer of records, property, equipment, assets,
funds, allotments, purchase orders, liabilities, outstanding
financial obligations, or encumbrances provided for in this
subsection.
C. The Authority shall implement the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act consistently with the
voter-approved State Question No. 788, Initiative Petition No. 412,
ENR. S. B. NO. 1995 Page 34
subject to the provisions of the Oklahoma Medical Marijuana and
Patient Protection Act.
D. The Authority shall exercise i ts respective powers and
perform its respective duties and functions as specified in the
Oklahoma Medical Marijuana and Patient Protection Act and this title
including, but not limited to, the following:
1. Determine steps the state shall take, whether a dministrative
or legislative in nature, to ensure that research on marijuana and
marijuana products is being conducted for public purposes including
the advancement of:
a. public health policy and public safety policy,
b. agronomic and horticultural best practices, and
c. medical and pharmacopoeia best practices;
2. Contract with third -party vendors and other governmental
entities in order to carry out the respective duties and functions
as specified in the Oklahoma Medical Marijuana and Patient
Protection Act;
3. Upon complaint or upon its own motion and upon a completed
investigation, levy fines as prescribed in applicable laws, rules
and regulations and suspend, revoke or not renew licenses pursuant
to applicable laws, rules and regulations;
4. Issue subpoenas for the appearance or production of persons,
records and things in connection with disciplinary or contested
cases considered by the Authority;
5. Apply for injunctive or declaratory relief to enforce the
provisions of applicable laws, rul es and regulations;
6. Inspect and examine all licensed premises of medical
marijuana businesses, research facilities, education facilities and
waste disposal facilities in which medical marijuana is cultivated,
manufactured, sold, stored, transported, t ested, distributed or
disposed of;
ENR. S. B. NO. 1995 Page 35
7. Upon action by the federal government by which the
production, sale, and use of marijuana in this state does not
violate federal law, work with the Banking Department and the State
Treasurer to develop good practices and standards for banking and
finance for medical marijuana businesses;
8. Establish internal control procedures for licenses including
accounting procedures, reporting procedures , and personnel policies;
9. Establish a fee schedule and collect fees f or performing
background checks as the Executive Director deems appropriate. The
fees charged pursuant to this paragraph shall not exceed the actual
cost incurred for each background check;
10. Establish a fee schedule and collect fees for material
changes requested by the licensee; and
11. Establish regulations, which require a medical marijuana
business to submit information to the Oklahoma Medical Marijuana
Authority, deemed reasonably necessary to assist the Authority in
the prevention of diversion of medical marijuana by a licensed
medical marijuana business. Such information required by the
Authority may include, but shall not be limited to:
a. the square footage of the licensed premises,
b. a diagram of the licensed premises,
c. the number and type of lights at the licensed medical
marijuana commercial grower business,
d. the number, type, and production capacity of equipment
located at the medical marijuana processing facility,
e. the names, addresses , and telephone numbers of
employees or agents of a medical marijuana business,
f. employment manuals and standard operating procedures
for the medical marijuana business, and
g. any other information as the Authority reasonably
deems necessary; and
ENR. S. B. NO. 1995 Page 36
12. Declare and establish a moratorium on processing and
issuing new medical marijuana business licenses pursuant to Section
427.14 of this title for an amount of time the Authority deems
necessary.
E. The Authority shall be authorized to enter into and
negotiate the terms of a Memorandum of Und erstanding between the
Authority and other state agencies concerning the enforcement of
laws regulating medical marijuana in this state .
SECTION 20. REPEALER 63 O.S. 2021, Section 427.3, as
amended by Section 30, Chapter 228, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 427.3), is hereby repealed.
SECTION 21. REPEALER 63 O.S. 2021, Section 427.3, as
last amended by Section 4, Chapter 322 , O.S.L. 2023 (63 O.S. Supp.
2023, Section 427.3) , is hereby repealed.
SECTION 22. AMENDATORY 63 O.S. 2021, Section 427.6, as
last amended by Section 4, Chapter 168, O.S.L. 2023 (63 O.S. Supp.
2023, Section 427.6), is amended to read as follows:
Section 427.6. A. The Oklahoma Medical Marijuana Author ity
shall address issues related to the medical marijuana program in
this state including, but not limited to, monitoring and
disciplinary actions as they relate to the medical marijuana
program.
B. 1. The Authority, its designee, or the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State
Bureau of Investigation, and the Attorney General may perform on -
site inspections or investigations of a licensee or applicant for
any medical marijuana business license, research facility , education
facility or waste disposal facility to determine compliance with
applicable laws, rules and regulations or submissions made pursuant
to this section. The Authority, its designee, or the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Co ntrol, the Oklahoma State
Bureau of Investigation, and the Attorney General may enter the
licensed premises of a medical marijuana business, research
facility, education facility or waste disposal facility licensee or
ENR. S. B. NO. 1995 Page 37
applicant to assess or monitor complia nce or ensure qualifications
for licensure.
2. Post-licensure Except as otherwise provided by law, post -
licensure inspections shall be limited to twice per calendar year.
However, investigations and additional inspections may occur when
the Authority believes an investigation or additional inspection is
necessary due to a possible violation or noncompliance of applicable
laws, rules or regulations. The Executive Director of the Authority
may adopt rules imposing penalties including, but not limited to,
monetary fines and suspension or revocation of licensure for failure
to allow the Authority reasonable access to the licensed premises
for purposes of conducting an inspection.
3. The Authority, its designee, or the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of
Investigation, and the Attorney General may review relevant records
of a licensed medical marijuana business, licensed medical marijuana
research facility, licensed medical marijuana education facility or
licensed medical marijuana waste disposal facility, and may require
and conduct interviews with such persons or entities and persons
affiliated with such entities, for the purpose of determining
compliance with Authority requirements of the Executive Director and
applicable laws, rules and regulations.
4. The Authority may refer complaints alleging criminal
activity that are made against a licensee to appropriate state or
local law enforcement authorities including, but not limited to, the
Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
Oklahoma State Bureau of Investigation, and the Attorney General.
C. Disciplinary action may be taken against an applicant or
licensee for not adhering to applicable laws pursuant to the terms,
conditions and guidelines set forth in the Oklahoma Medical
Marijuana and Patient Protection Act.
D. Disciplinary actions may include revocation, suspension or
denial of an application, license or final authorization and other
action deemed appropriate by t he Executive Director of the
Authority.
ENR. S. B. NO. 1995 Page 38
E. Disciplinary actions may be imposed upon a medical marijuana
business licensee for:
1. Failure to comply with or satisfy any provision of
applicable laws, rules or regulations;
2. Falsification or misreprese ntation of any material or
information submitted to the Authority or other licensees;
3. Failing to allow or impeding entry by authorized
representatives of the Authority;
4. Failure to adhere to any acknowledgement, verification or
other representation made to the Authority;
5. Failure to submit or disclose information required by
applicable laws, rules or regulations or otherwise requested by the
Authority;
6. Failure to correct any violation of this section cited as a
result of a review or audit of financial records or other materials;
7. Failure to comply with requested access by the Authority to
the licensed premises or materials;
8. Failure to pay a required monetary penalty;
9. Diversion of medical marijuana or any medical marijuana
product, as determined by the Authority;
10. Threatening or harming a medical marijuana patient
licensee, caregiver licensee, a medical practitioner or an employee
of the Authority; and
11. Any other basis indicating a violation of the applicable
laws and regulations as identified by the Authority.
F. Disciplinary actions against a licensee may include the
imposition of monetary penalties, which may be assessed by the
Authority. The Authority may suspend or revoke a license for
failure to pay any monetar y penalty lawfully assessed by the
Authority against a licensee.
ENR. S. B. NO. 1995 Page 39
G. 1. In addition to any other penalties prescribed by law,
penalties for sales, purchases or transfers for value of medical
marijuana by a medical marijuana business or employees or agent s of
the medical marijuana business to persons other than those allowed
by law occurring within any one -year time period may include an
initial fine of Five Thousand Dollars ($5,000.00) for a first
violation and a fine of Fifteen Thousand Dollars ($15,000. 00) for
any subsequent violation.
2. Penalties for grossly inaccurate or fraudulent reporting
occurring within any two -year time period may include an initial
administrative fine of Five Thousand Dollars ($5,000.00) for a first
violation and an administr ative fine of Ten Thousand Dollars
($10,000.00) for any subsequent violation. The medical marijuana
business shall be subject to a revocation of any license granted
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act upon a second incide nt of grossly inaccurate or fraudulent
reporting in a ten-year period by the medical marijuana business or
any employee or agent thereof.
3. After investigation by the Authority, the Authority may
revoke the license of any person directly involved with t he
diversion of marijuana.
4. If the Authority, after investigation, is able to establish,
by a preponderance of evidence, a pattern of diversion or negligence
leading to diversion, the Authority may revoke any business licenses
associated with the diver sion and any entity with common ownership.
H. 1. In addition to any other penalties prescribed by law, a
first offense for intentional and impermissible diversion of medical
marijuana, medical marijuana concentrate, or medical marijuana
products for value by a patient or caregiver to an unauthorized
person shall be subject to an administrative fine of Four Hundred
Dollars ($400.00). The Authority shall have the authority to
enforce the provisions of this subsection.
2. In addition to any other penalti es prescribed by law, an
additional incident resulting in a second offense for impermissible
diversion of medical marijuana, medical marijuana concentrate, or
medical marijuana products by a patient or caregiver to an
ENR. S. B. NO. 1995 Page 40
unauthorized person for value shall be subject to an administrative
fine of One Thousand Dollars ($1,000.00), and shall result in
revocation of the license or licenses of the person.
3. Any person who shares less than three (3) grams of medical
marijuana with an unauthorized person, without the transfer being
for value or other consideration, shall not be subject to criminal
prosecution but shall be subject to an administrative fine of Four
Hundred Dollars ($400.00).
I. The intentional diversion of medical marijuana, medical
marijuana concentrate or medical marijuana products by a licensed
medical marijuana patient or caregiver, medical marijuana business
or employee of a medical marijuana business to an unauthorized minor
person who the licensed medical marijuana patient or caregiver,
medical marijuana business or employee of a medical marijuana
business knew or reasonably should have known to be a minor person
shall be subject to an administrative fine of Two Thousand Five
Hundred Dollars ($2,500.00). For an additional incident resulting
in a second or subsequent offense, the licensed medical marijuana
patient or caregiver, medical marijuana business or employee of a
medical marijuana business shall be subject to a cite and release
citation and, upon a finding of guilt or a plea of no conte st, a
fine of Five Thousand Dollars ($5,000.00) and automatic revocation
of the medical marijuana license.
J. In addition to any other penalties prescribed by law, it
shall be unlawful for a licensed medical marijuana commercial grower
to knowingly hire or employ undocumented immigrants to perform work
inside a medical marijuana commercial grow facility or anywhere on
the property of the medical marijuana commercial grow operation. A
licensed medical marijuana commercial grower that violates the
provisions of this subsection shall, upon conviction, be guilty of a
misdemeanor punishable by imprisonment in the county jail for a term
not exceeding one (1) year, or by a fine not exceeding Five Hundred
Dollars ($500.00), or by both such fine and imprisonment. In
addition, the license of the medical marijuana commercial grower
shall be subject to revocation and the Authority may deny future
license applications.
K. 1. Beginning September 1, 2021, the Oklahoma Medical
Marijuana Authority shall schedule on -site meetings and compliance
ENR. S. B. NO. 1995 Page 41
inspections of the premises with the medical marijuana dispensary
licensee at the location of the medical marijuana dispensary, the
medical marijuana commercial grower at the location of the medical
marijuana commercial grower sit e and the medical marijuana processor
at the location of the medical marijuana processing site. The on -
site meetings and compliance inspections shall occur within the
first one hundred eighty (180) days after issuance of the medical
marijuana dispensary l icense, commercial grower license or processor
license and shall be conducted for purposes of verifying whether the
medical marijuana business licensee is actively operating or is
working towards operational status.
2. If, at the time of the on -site meeting and compliance
inspection, the medical marijuana business licensee fails to provide
proof to the Authority that the medical marijuana business is
actively operating or working towards operational status, the
Authority shall grant the medical marijuana business licensee a
grace period of one hundred eighty (180) days to become operational.
Upon expiration of this grace period, the Authority shall schedule a
second on-site meeting and compliance inspection of the premises to
verify whether the medical ma rijuana business licensee has begun
operations at the licensed premises or is continuing to work towards
operational status.
3. If, after the second on -site meeting and compliance
inspection, the medical marijuana business licensee fails to provide
proof to the Authority that the medical marijuana business licensee
is actively operating or is continuing to work towards operational
status, the Authority shall be authorized to grant the medical
marijuana business licensee an additional grace period of one
hundred eighty (180) days to become operational.
4. Upon expiration of the second grace period, the Authority
shall terminate the medical marijuana business license if the
medical marijuana business licensee has failed to provide proof to
the Authority that the medical marijuana business is actively
conducting business operations at the licensed premises.
L. In addition to any other remedies provided for by law, the
Authority, pursuant to its rules and regulations promulgated by the
Executive Director, may issue a written order to any licensee the
Authority has reason to believe has violated Sections 420 through
ENR. S. B. NO. 1995 Page 42
426.1 of this title, the Oklahoma Medical Marijuana and Patient
Protection Act, the Oklahoma Medical Marijuana Waste Management Act,
or any rules promulgated by the State Commissioner of Health
Executive Director and to whom the Authority has served, not less
than thirty (30) days previously, a written notice of violation of
such statutes or rules.
1. The written order shall state with specificit y the nature of
the violation. The Authority may impose any disciplinary action
authorized under the provisions of this section including, but not
limited to, the assessment of monetary penalties.
2. Any order issued pursuant to the provisions of this s ection
shall become a final order unless, not more than thirty (30) days
after the order is served to the licensee, the licensee requests an
administrative hearing in accordance with the rules and regulations
promulgated by the Executive Director of the Authority. Upon such
request, the Authority shall promptly initiate administrative
proceedings.
L. M. Whenever the Executive Director of the Authority finds
that an emergency exists requiring immediate action in order to
protect the health or welfare of t he public, the Executive Director
of the Authority may issue an order, without providing notice or
hearing, stating the existence of said an emergency and requiring
that action be taken as the Executive Director of the Authority
deems necessary to meet the emergency. Such action may include, but
is not limited to, ordering the licensee to immediately cease and
desist operations by the licensee. The order shall be effective
immediately upon issuance. Any person to whom the order is directed
shall comply immediately with the provisions of the order. The
Authority may assess a penalty not to exceed Ten Thousand Dollars
($10,000.00) per day of noncompliance with the order. In assessing
such a penalty, the Authority shall consider the seriousness of the
violation and any efforts to comply with applicable requirements.
Upon application to the Authority, the licensee shall be offered a
hearing within ten (10) days of the issuance of the order.
M. N. All hearings held pursuant to this section shall be in
accordance with the Oklahoma Administrative Procedures Act.
ENR. S. B. NO. 1995 Page 43
SECTION 23. REPEALER 63 O.S. 2021, Section 427.6, as
amended by Section 2, Chapter 482 , O.S.L. 2021 (63 O.S. Supp. 2023,
Section 427.6), is hereby repealed.
SECTION 24. REPEALER 63 O.S. 2021, Section 427.6, as
last amended by Section 10, Chapter 251, O.S.L. 2022 (63 O.S. Supp.
2023, Section 427.6) , is hereby repealed.
SECTION 25. AMENDATORY 63 O.S. 2021, Section 427.13, as
last amended by Section 14, Chapter 251, O.S.L. 2022 (63 O.S. Supp.
2023, Section 427.13), is amended to read as follows:
Section 427.13. A. All medical marijuana and medical marijuana
products shall be purchased solely from a state -licensed medical
marijuana business, and shall not be purchased from any out -of-state
providers.
B. 1. The Oklahoma Medical Marijuana Authority shall have
oversight and auditing responsibilities to ensure that all marijuana
being grown in this state is accounted for and shal l implement an
inventory tracking system. Pursuant to these duties, the Authority
shall require that each medical marijuana business, medical
marijuana research facility, medical marijuana education facility
and medical marijuana waste disposal facility k eep records for every
transaction with another medical marijuana business, patient or
caregiver. Inventory shall be tracked and updated after each
individual sale and reported to the Authority.
2. The inventory tracking system licensees use shall allow for
integration of other seed -to-sale systems and, at a minimum, shall
include the following:
a. notification of when marijuana seeds and clones are
planted,
b. notification of when marijuana plants are harvested
and destroyed,
c. notification of when m arijuana is transported, sold,
stolen, diverted or lost,
ENR. S. B. NO. 1995 Page 44
d. a complete inventory of all marijuana, seeds, plant
tissue, clones, plants, usable marijuana or trim,
leaves and other plant matter, batches of extract, and
marijuana concentrates,
e. all samples sent to a testing laboratory, an unused
portion of a sample returned to a licensee, all
samples utilized by licensee for purposes of
negotiating a sale, and
f. all samples used for quality testing by a licensee.
3. Each medical marijuana business, med ical marijuana research
facility, medical marijuana education facility and medical marijuana
waste disposal facility shall develop written standard operating
procedures outlining the manner in which it operates as prescribed
by the Authority and shall use a seed-to-sale tracking system or
integrate its own seed -to-sale tracking system with the seed -to-sale
tracking system established by the Authority in accordance with the
limitations set forth herein .
4. These records shall include, but not be limited to , the
following:
a. the name and license number of the medical marijuana
business that cultivated, manufactured or sold the
medical marijuana or medical marijuana product,
b. the address and phone number of the medical marijuana
business that cultivated, manufactured or sold the
medical marijuana or medical marijuana product,
c. the type of product received during the transaction,
d. the batch number of the marijuana plant used,
e. the date of the transaction,
f. the total spent in dollars,
g. all point-of-sale records,
ENR. S. B. NO. 1995 Page 45
h. marijuana excise tax records, and
i. any additional information as may be reasonably
required by the Executive Director of the Oklahoma
Medical Marijuana Authority.
5. All inventory tracking records retained by a medical
marijuana business, medical marijuana research facility, medical
marijuana education facility or medical marijuana waste disposal
facility containing medical marijuana patient or caregiver
information shall comply with all relevant state and federal laws
including, but not limited to, the Health Insurance Portability and
Accountability Act of 1996 (HIPAA).
SECTION 26. REPEALER 63 O.S. 2021, Section 427.13, as
amended by Section 7, Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023,
Section 427.13), is hereby repealed.
SECTION 27. AMENDATORY 63 O.S. 2021, Section 427.14, as
last amended by Section 7, Chapter 322, O.S.L. 2023 (63 O.S. Supp.
2023, Section 427.14), is amended to read as follows:
Section 427.14. A. There is hereby created the medical
marijuana business license, which shall include the following
categories:
1. Medical marijuana commercial grower;
2. Medical marijuana processor;
3. Medical marijuana dispensary;
4. Medical marijuana transporter; and
5. Medical marijuana testing laboratory.
B. The Oklahoma Medical Marijuana Authority, with the aid of
the Office of Management and Enterprise Services, shall develop a
website for medical marijuana business applications.
ENR. S. B. NO. 1995 Page 46
C. The Authority shall make av ailable on its website in an
easy-to-find location, applications for a medical marijuana
business.
D. 1. The annual, nonrefundable fee for a medical marijuana
transporter license shall be Two Thousand Five Hundred Dollars
($2,500.00).
2. The initial, nonrefundable fee for a medical marijuana
commercial grower license shall be calculated based upon the total
amount of square feet of canopy or acres the grower estimates will
be harvested, transferred, or sold for the year. The annual,
nonrefundable license fee shall be based upon the total amount of
square feet of canopy or acres harvested, transferred, or sold by
the grower during the previous twelve (12) months. The amount of
the fees shall be determined as follows:
a. For an indoor, greenhouse, or l ight deprivation
medical marijuana grow facility:
(1) Tier 1: Up to ten thousand (10,000) square feet
of canopy, the fee shall be Two Thousand Five
Hundred Dollars ($2,500.00),
(2) Tier 2: Ten thousand one (10,001) square feet of
canopy to twenty thous and (20,000) square feet of
canopy, the fee shall be Five Thousand Dollars
($5,000.00),
(3) Tier 3: Twenty thousand one (20,001) square feet
of canopy to forty thousand (40,000) square feet
of canopy, the fee shall be Ten Thousand Dollars
($10,000.00),
(4) Tier 4: Forty thousand one (40,001) square feet
of canopy to sixty thousand (60,000) square feet
of canopy, the fee shall be Twenty Thousand
Dollars ($20,000.00),
(5) Tier 5: Sixty thousand one (60,001) square feet
of canopy to eighty thousand (80,0 00) square feet
ENR. S. B. NO. 1995 Page 47
of canopy, the fee shall be Thirty Thousand
Dollars ($30,000.00),
(6) Tier 6: Eighty thousand one (80,001) square feet
of canopy to ninety-nine thousand nine hundred
ninety-nine (99,999) square feet of canopy, the
fee shall be Forty Thous and Dollars ($40,000.00),
and
(7) Tier 7: One hundred thousand (100,000) square
feet of canopy and beyond, the fee shall be Fifty
Thousand Dollars ($50,000.00), plus an additional
twenty-five cents ($0.25) per square foot of
canopy over one hundred thous and (100,000) square
feet.
b. For an outdoor medical marijuana grow facility:
(1) Tier 1: Less than two and one -half (2 1/2)
acres, the fee shall be Two Thousand Five Hundred
Dollars ($2,500.00),
(2) Tier 2: More than two and one -half (2 1/2) acres
up to five (5) acres, the fee shall be Five
Thousand Dollars ($5,000.00),
(3) Tier 3: More than five (5) acres up to ten (10)
acres, the fee shall be Ten Thousand Dollars
($10,000.00),
(4) Tier 4: More than ten (10) acres up to twenty
(20) acres, the fee shall be Twenty Thousand
Dollars ($20,000.00),
(5) Tier 5: More than twenty (20) acres up to thirty
(30) acres, the fee shall be Thirty Thousand
Dollars ($30,000.00),
(6) Tier 6: More than thirty (30) acres up to forty
(40) acres, the fee shall be For ty Thousand
Dollars ($40,000.00),
ENR. S. B. NO. 1995 Page 48
(7) Tier 7: More than forty (40) acres up to fifty
(50) acres, the fee shall be Fifty Thousand
Dollars ($50,000.00), and
(8) Tier 8: If the amount of acreage exceeds fifty
(50) acres, the fee shall be Fifty Thousand
Dollars ($50,000.00) plus an additional Two
Hundred Fifty Dollars ($250.00) per acre.
c. For a medical marijuana commercial grower that has a
combination of both indoor and outdoor growing
facilities at one location, the medical marijuana
commercial grower shall be required to obtain a
separate license from the Authority for each type of
grow operation and shall be subject to the licensing
fees provided for in subparagraphs a and b of this
paragraph.
d. As used in this paragraph:
(1) “canopy” means the total surface area within a
cultivation area that is dedicated to the
cultivation of flowering marijuana plants. The
surface area of the plant canopy must be
calculated in square feet and measured and must
include all of the area within the boundaries
where the cultivation of the flowering marijuana
plants occurs. If the surface of the plant
canopy consists of noncontiguous areas, each
component area must be separated by identifiable
boundaries. If a tiered or shelving system is
used in the cultivation area , the surface area of
each tier or shelf must be included in
calculating the area of the plant canopy.
Calculation of the area of the plant canopy may
not include the areas within the cultivation area
that are used to cultivate immature marijuana
plants and seedlings, prior to flowering, and
that are not used at any time to cultivate mature
marijuana plants. If the flowering plants are
vertically grown in cylinders, the square footage
of the canopy shall be measured by the
ENR. S. B. NO. 1995 Page 49
circumference of the cylinder mu ltiplied by the
total length of the cylinder,
(2) “greenhouse” means a structure located outdoors
that is completely covered by a material that
allows a controlled level of light transmission,
and
(3) “light deprivation” means a structure that has
concrete floors and the ability to manipulate
natural light.
3. The initial, nonrefundable fee for a medical marijuana
processor license shall be Two Thousand Five Hundred Dollars
($2,500.00). The annual, nonrefundable license fee for a medical
marijuana processor license shall be determined based on the
previous twelve (12) months as follows:
a. Tier 1: The transfer or sale of zero (0) to ten
thousand (10,000) pounds of biomass or the production,
transfer, or sale of up to one hundred (100) liters of
cannabis concentrate, whichever is greater, the annual
fee shall be Two Thousand Five Hundred Dollars
($2,500.00),
b. Tier 2: The transfer or sale of ten thousand one
(10,001) pounds to fifty thousand (50,000) pounds of
biomass or the production, transfer, or sale of one
hundred one (101) to three hundred fifty (350) liters
of cannabis concentrate, whichever is greater, the
annual fee shall be Five Thousand Dollars ($5,000.00),
c. Tier 3: The transfer or sale of fifty thousand one
(50,001) pounds to one hundr ed fifty thousand
(150,000) pounds of biomass or the production,
transfer, or sale of three hundred fifty -one (351) to
six hundred fifty (650) liters of cannabis
concentrate, whichever is greater, the annual fee
shall be Ten Thousand Dollars ($10,000.00),
d. Tier 4: The transfer or sale of one hundred fifty
thousand one (150,001) pounds to three hundred
ENR. S. B. NO. 1995 Page 50
thousand (300,000) pounds of biomass or the
production, transfer, or sale of six hundred fifty -one
(651) to one thousand (1,000) liters of cannabis
concentrate, whichever is greater, the annual fee
shall be Fifteen Thousand Dollars ($15,000.00), and
e. Tier 5: The transfer or sale of more than three
hundred thousand one (300,001) pounds of biomass or
the production, transfer, or sale in excess of one
thousand one (1,001) liters of cannabis concentrate,
the annual fee shall be Twenty Thousand Dollars
($20,000.00).
For purposes of this paragraph only, if the cannabis concentrate
is in nonliquid form, every one thousand (1,000) grams of
concentrated marijuan a shall be calculated as one (1) liter of
cannabis concentrate.
4. The initial, nonrefundable fee for a medical marijuana
dispensary license shall be Two Thousand Five Hundred Dollars
($2,500.00). The annual, nonrefundable license fee for a medical
marijuana dispensary license shall be calculated at ten percent
(10%) of the sum of twelve (12) calendar months of the combined
annual state sales tax and state excise tax of the dispensary during
the previous twelve (12) months. The minimum fee shall be not less
than Two Thousand Five Hundred Dollars ($2,500.00) and the maximum
fee shall not exceed Ten Thousand Dollars ($10,000.00).
5. The annual, nonrefundable license fee for a medical
marijuana testing laboratory shall be Twenty Thousand Dollars
($20,000.00).
E. All applicants seeking licensure or licensure renewal as a
medical marijuana business shall comply with the following general
requirements:
1. All applications for licenses and registrations authorized
pursuant to this section shall be made upo n forms prescribed by the
Authority;
ENR. S. B. NO. 1995 Page 51
2. Each application shall identify the city or county in which
the applicant seeks to obtain licensure as a medical marijuana
business;
3. Applicants shall submit a complete application to the
Authority before the a pplication may be accepted or considered;
4. All applications shall be complete and accurate in every
detail;
5. All applications shall include all attachments or
supplemental information required by the forms supplied by the
Authority;
6. All applications for a transporter license, initial
dispensary license, initial processor license, or laboratory license
shall be accompanied by a full remittance for the whole amount of
the license fee as set forth in subsection D of this section. All
submissions of grower applications, renewal processor applications,
and renewal dispensary applications shall be accompanied by a
remittance of a fee of Two Thousand Five Hundred Dollars
($2,500.00). The Authority shall invoice license applicants, if
applicable, for any additional licensing fees owed pursuant to
subsection D of this section prior to approval of a license
application. License fees are nonrefundable;
7. All applicants shall be approved for licensing review that,
at a minimum, meet the following crite ria:
a. twenty-five (25) years of age or older,
b. if applying as an individual, proof that the applicant
is an Oklahoma resident a resident of this state
pursuant to paragraph 11 of this subsection,
c. if applying as an entity, proof that seventy -five
percent (75%) of all members, managers, executive
officers, partners, board members or any other form of
business ownership are Oklahoma residents of this
state pursuant to paragraph 11 of this subsection,
ENR. S. B. NO. 1995 Page 52
d. if applying as an individual or entity, proof that the
individual or entity is registered to conduct business
in this state,
e. disclosure of all ownership interests pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act,
and
f. proof that the medical marijuana business, medical
marijuana research facility, medical marijuana
education facility and medical marijuana waste
disposal facility applicant or licensee has not been
convicted of a nonviolent felony in the last two (2)
years, or any other felony conviction within the last
five (5) years, is not a current inmate in the custody
of the Department of Corrections, or currently
incarcerated in a jail or corrections facility.
Upon reasonable suspicion that a medical marijuana business licensee
is illegally growing, processing, transferr ing, selling, disposing,
or diverting marijuana, the Authority, the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of
Investigation, or the Attorney General may subpoena documents
necessary to establish the person al identifying information of all
owners and individuals with any ownership interest in the business;
8. There shall be no limit to the number of medical marijuana
business licenses or categories that an individual or entity can
apply for or receive, alt hough each application and each category
shall require a separate application, application fee, or license
fee. A commercial grower, processor and dispensary, or any
combination thereof, are authorized to share the same address or
physical location, subje ct to the restrictions set forth in the
Oklahoma Medical Marijuana and Patient Protection Act;
9. All applicants for a medical marijuana business license,
research facility license or education facility license authorized
by the Oklahoma Medical Marijuan a and Patient Protection Act, or for
a renewal of such license, shall undergo a national fingerprint -
based background check conducted by the Oklahoma State Bureau of
Investigation (OSBI) within thirty (30) days prior to the
application for the license, inc luding:
ENR. S. B. NO. 1995 Page 53
a. individual applicants applying on their own behalf,
b. individuals applying on behalf of an entity,
c. all principal officers of an entity, and
d. all owners of an entity as defined by the Oklahoma
Medical Marijuana and Patient Protection Ac t;
10. All applicable fees charged by the OSBI are the
responsibility of the applicant and shall not be higher than fees
charged to any other person or industry for such background checks;
11. In order to be considered an Oklahoma resident a resident
of this state for purposes of a medical marijuana business
application, all applicants shall provide proof of Oklahoma state
residency for at least two (2) years immediately preceding the date
of application or five (5) years of continuous Oklahoma state
residency during the preceding twenty -five (25) years immediately
preceding the date of application. Sufficient documentation of
proof of residency shall include a combination of the following:
a. an unexpired Oklahoma-issued state-issued driver
license,
b. an Oklahoma state-issued identification card,
c. a utility bill preceding the date of application,
excluding cellular telephone and Internet bills,
d. a residential property deed to property in this state,
and
e. a rental agreement preceding the date of application
for residential property located in this state.
Applicants that were issued a medical marijuana business license
prior to August 30, 2019, are hereby exempt from the two -year or
five-year Oklahoma residence requirement mentioned above;
ENR. S. B. NO. 1995 Page 54
12. All license applicants shall be required to submit a
registration with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control as provided in Sections 2 -302 through 2-304
of this title;
13. All applicants shall establish their identity thro ugh
submission of a color copy or digital image of one of the following
unexpired documents:
a. front of an Oklahoma state-issued driver license,
b. front of an Oklahoma state-issued identification card,
c. a United States passport or other photo identi fication
issued by the United States government, or
d. a tribal identification card approved for
identification purposes by the Department of Public
Safety; and
14. All applicants shall submit an applicant photograph ; and
15. All applicants for a medi cal marijuana business license
seeking to operate a commercial grow shall file along with their
application a bond as prescribed in Section 427.26 of this title .
F. The Authority shall review the medical marijuana business
application; approve, reject, o r deny the application; and send the
approval, rejection, denial, or status -update letter to the
applicant in the same method the application was submitted to the
Authority within ninety (90) business days of receipt of the
application.
G. 1. The Authority shall review the medical marijuana
business applications, conduct all investigations, inspections, and
interviews, and collect all license and application fees before
approving the application.
2. Approved applicants shall be issued a medical marijua na
business license for the specific category applied under, which
shall act as proof of their approved status. Rejection and denial
letters shall provide a reason for the rejection or denial.
ENR. S. B. NO. 1995 Page 55
Applications may only be rejected or denied based on the appl icant
not meeting the standards set forth in the provisions of the
Oklahoma Medical Marijuana and Patient Protection Act and Sections
420 through 426.1 of this title, improper completion of the
application, unpaid license or application fees, or for a reas on
provided for in the Oklahoma Medical Marijuana and Patient
Protection Act and Sections 420 through 426.1 of this title. If an
application is rejected for failure to provide required information,
the applicant shall have thirty (30) days to submit the r equired
information for reconsideration. Unless the Authority determines
otherwise, an application that has been resubmitted but is still
incomplete or contains errors that are not clerical or typographical
in nature shall be denied.
3. Status-update letters shall provide a reason for delay in
either approval, rejection or denial should a situation arise in
which an application was submitted properly but a delay in
processing the application occurred.
4. Approval, rejection, denial or status -update letters shall
be sent to the applicant in the same method the application was
submitted to the Authority.
H. A license for a medical marijuana business, medical
marijuana research facility, medical marijuana education facility or
medical marijuana waste dis posal facility shall not be issued to or
held by:
1. A person until all required fees have been paid;
2. A person who has been convicted of a nonviolent felony
within two (2) years of the date of application, or within five (5)
years for any other felo ny;
3. A corporation, if the criminal history of any of its
officers, directors or stockholders indicates that the officer,
director or stockholder has been convicted of a nonviolent felony
within two (2) years of the date of application, or within five (5)
years for any other felony;
4. A person under twenty -five (25) years of age;
ENR. S. B. NO. 1995 Page 56
5. A person licensed pursuant to this section who, during a
period of licensure, or who, at the time of application, has failed
to:
a. file taxes, interest or penalties d ue related to a
medical marijuana business, or
b. pay taxes, interest or penalties due related to a
medical marijuana business;
6. A sheriff, deputy sheriff, police officer or prosecuting
officer, or an officer or employee of the Authority or municipali ty;
7. A person whose authority to be a caregiver, as defined in
Section 427.2 of this title, has been revoked by the Authority; or
8. A person who was involved in the management or operations of
any medical marijuana business, medical marijuana resear ch facility,
medical marijuana education facility or medical marijuana waste
disposal facility that, after the initiation of a disciplinary
action, has had a medical marijuana license revoked, not renewed, or
surrendered during the five (5) years preceding submission of the
application and for the following violations:
a. unlawful sales or purchases,
b. any fraudulent acts, falsification of records or
misrepresentation to the Authority, medical marijuana
patient licensees, caregiver licensees or medical
marijuana business licensees,
c. any grossly inaccurate or fraudulent reporting,
d. threatening or harming any medical marijuana patient,
caregiver, medical practitioner or employee of the
Authority,
e. knowingly or intentionally refusing to permit the
Authority access to premises or records,
f. using a prohibited, hazardous substance for processing
in a residential area,
ENR. S. B. NO. 1995 Page 57
g. criminal acts relating to the operation of a medical
marijuana business, or
h. any violations that endanger public health and saf ety
or product safety.
I. In investigating the qualifications of an applicant or a
licensee, the Authority and municipalities may have access to
criminal history record information furnished by a criminal justice
agency subject to any restrictions impose d by such an agency.
J. The failure of an applicant or licensee to provide the
requested information by the Authority deadline may be grounds for
denial of the application.
K. All applicants and licensees shall submit information to the
Authority in a full, faithful, truthful and fair manner. The
Authority may recommend denial of an application where the applicant
or licensee made misstatements, omissions, misrepresentations or
untruths in the application or in connection with the background
investigation of the applicant. This type of conduct may be grounds
for administrative action against the applicant or licensee. Typos
and scrivener errors shall not be grounds for denial.
L. A licensed medical marijuana business premises shall be
subject to and responsible for compliance with applicable provisions
consistent with the zoning where such business is located as
described in the most recent versions of the Oklahoma Uniform
Building Code, the International Building Code and the International
Fire Code, unless granted an exemption by a municipality or
appropriate code enforcement entity.
M. All medical marijuana business, medical marijuana research
facility, medical marijuana education facility and medical marijuana
waste disposal facility licensees s hall pay the relevant licensure
fees prior to receiving licensure to operate.
N. A medical marijuana business, medical marijuana research
facility, medical marijuana education facility or medical marijuana
waste disposal facility that attempts to renew i ts license after the
expiration date of the license shall pay a late renewal fee in an
ENR. S. B. NO. 1995 Page 58
amount to be determined by the Executive Director of the Authority
to reinstate the license. Late renewal fees are nonrefundable. A
license that has been expired for m ore than ninety (90) days shall
not be renewed.
O. No medical marijuana business, medical marijuana research
facility, medical marijuana education facility or medical marijuana
waste disposal facility shall possess, sell or transfer medical
marijuana or medical marijuana products without a valid, unexpired
license issued by the Authority.
P. No more than one medical marijuana commercial grower license
shall be issued for any one property.
Q. An original medical marijuana business license issued on or
after June 26, 2018, by the Authority, for a medical marijuana
commercial grower, a medical marijuana processor or a medical
marijuana dispensary shall be deemed to have been grandfathered into
the location on the date the original license was first issued for
purposes of determining the authority of the business to conduct and
continue the same type of business at that location under a license
issued by the Authority, except as may be provided in Sections 425
and 426.1 of this title. Any change in ownersh ip after the original
medical marijuana business license has been issued by the Authority
shall be construed by the Authority to be a continuation of the same
type of business originally licensed at that location. Nothing
shall authorize the Authority to deny issuance or renewal of a
license or transfer of license due to a change in ownership for the
same business location previously licensed, except when a revocation
is otherwise authorized by law or a protest is made under the
municipal compliance provis ions of Section 426.1 of this title.
R. A medical marijuana business license holder shall require
all individuals employed under their license to be issued a
credential pursuant to the provisions of Section 427.14b of this
title prior to employment.
S. The Executive Director of the Authority may promulgate rules
to implement the provisions of this section including, but not
limited to, required application materials to be submitted by the
applicant and utilized by the Authority to determine medical
marijuana business licensing fees pursuant to this section.
ENR. S. B. NO. 1995 Page 59
SECTION 28. REPEALER 63 O.S. 2021, Section 427.14, as
amended by Section 8, Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023,
Section 427.14), is hereby repealed.
SECTION 29. REPEALER 63 O.S. 2021, Section 427.14, as
last amended by Section 2, Chapter 328, O.S.L. 2022 (63 O.S. Supp.
2023, Section 427.14) , is hereby repealed.
SECTION 30. REPEALER 63 O.S. 2021, Section 427.14, as
last amended by Section 1, Chapter 41, O.S.L. 2023 (63 O.S. Supp.
2023, Section 427.14) , is hereby repealed.
SECTION 31. AMENDATORY 63 O.S. 2021, Section 430, as
last amended by Section 11, Chapter 168, O.S.L. 2023 (63 O.S. Supp.
2023, Section 430), is amended to read as follows:
Section 430. A. There is hereby created and authorized a
medical marijuana waste disposal license. A person or entity in
possession of a medical marijuana waste disposal license shall be
entitled to possess, transport and dispose of medical marijuana
waste. No person or entity shall dispose of medical marijuana waste
without a valid medical marijuana waste disposal license. The
Oklahoma Medical Marijuana Authority shall issue licenses upon
proper application by a licensee and determination by the Authority
that the proposed site and facility are physically and technically
suitable. Upon a finding that a proposed medical marijuana waste
disposal facility is not physically or technically suitable, the
Authority shall deny the license. The Authority may, upon
determining that public health or safety requires emergency action,
issue a temporary license for treatment or storage of medical
marijuana waste for a period not to exceed ninety (90) days. The
Authority shall not, for the first year of the licensure program
until November 1, 2021 , issue more than ten medical marijuana waste
disposal licenses. Upon the conclusion of the first year, the
Authority shall assess the need for additional medical marijuana
waste disposal licenses and shall, if demonstrated, increase
Beginning November 1, 2021, there shall be no limit to the number of
medical marijuana waste disposal licenses as deemed necessary issued
by the Authority.
ENR. S. B. NO. 1995 Page 60
B. Entities applying for a medical mari juana waste disposal
license shall undergo the following screening process:
1. Complete an application form, as prescribed by the
Authority, which shall include:
a. an attestation that the applicant is authorized to
make application on behalf of the ent ity,
b. full name of the organization,
c. trade name, if applicable,
d. type of business organization,
e. complete mailing address,
f. an attestation that the commercial entity will not be
located on tribal land,
g. telephone number and email address of the entity, and
h. name, residential address and date of birth of each
owner and each member, manager and board member, if
applicable;
2. The application for a medical marijuana waste disposal
license made by an individual on his or her own behalf s hall be on
the form prescribed by the Authority and shall include, but not be
limited to:
a. the first, middle and last name of the applicant and
suffix, if applicable,
b. the residence address and mailing address of the
applicant,
c. the date of birth of the applicant,
d. the preferred telephone number and email address of
the applicant,
ENR. S. B. NO. 1995 Page 61
e. an attestation that the information provided by the
applicant is true and correct, and
f. a statement signed by the applicant pledging not to
divert marijuana to any individual or entity that is
not lawfully entitled to possess marijuana; and
3. Each application shall be accompanied by the following
documentation:
a. a list of all persons or entities that have an
ownership interest in the entity,
b. a certificate of good standing from the Secretary of
State, if applicable,
c. an Affidavit of Lawful Presence for each owner,
d. proof that the proposed location of the disposal
facility is at least one thousand (1,000) feet from a
school. The distance indicated i n this subparagraph
shall be measured from the nearest property line of
such school to the nearest perimeter wall of the
premises of such disposal facility. If any school is
established within one thousand (1,000) feet of any
disposal facility after such disposal facility has
been licensed, the provisions of this subparagraph
shall not be a deterrent to the renewal of such
license or warrant revocation of the license. For the
purposes of this section, “school” shall mean the same
as provided in Section 42 7.2 of this title, and
e. documents establishing the applicant, the members,
managers and board members, if applicable, and
seventy-five percent (75%) of the ownership interests
are Oklahoma residents of this state as established in
Section 420 et seq. of this title, as it relates to
proof of state residency.
For purposes of this paragraph, “school” means the same as
defined in Section 427.2 of this title.
ENR. S. B. NO. 1995 Page 62
C. No license shall be issued except upon proof of sufficient
liability insurance and financial r esponsibility. Liability
insurance shall be provided by the applicant and shall apply to
sudden and nonsudden bodily injury or property damage on, below or
above the surface, as required by the rules of the Authority
promulgated by the Executive Director . Such insurance shall be
maintained for the period of operation of the facility and shall
provide coverage for damages resulting from operation of the
facility during operation and after closing.
D. Submission of an application for a medical marijuana w aste
disposal license shall constitute permission for entry to and
inspection of the facility of the licensee during hours of operation
and other reasonable times. Refusal to permit such entry of
inspection shall constitute grounds for the nonrenewal, sus pension
or revocation of a license. The Authority, the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State
Bureau of Investigation, and the Attorney General may perform an
annual unannounced, on -site inspection of the operat ions and any
facility of the licensee. If the Authority receives a complaint
concerning noncompliance by a licensee with the provisions of the
Oklahoma Medical Marijuana Waste Management Act, the Authority, the
Oklahoma State Bureau of Narcotics and Dange rous Drugs Control, the
Oklahoma State Bureau of Investigation, and the Attorney General may
conduct additional unannounced, on -site inspections beyond the
inspections provided for in Section 427.6 of this title. The
Authority may refer all complaints all eging criminal activity that
are made against a licensed facility to appropriate state or local
law enforcement authorities.
E. The Authority shall issue an annual permit for each medical
marijuana waste disposal facility operated by a licensee. A permi t
shall be issued only upon proper application by a licensee and
determination by the Authority that the proposed site and facility
are physically and technically suitable. Upon a finding that a
proposed medical marijuana waste disposal facility is not ph ysically
or technically suitable, the Authority shall deny the permit. The
Authority shall have the authority to revoke a permit upon a finding
that the site and facility are not physically and technically
suitable for processing. The Authority may, upon determining that
public health or safety requires emergency action, issue a temporary
ENR. S. B. NO. 1995 Page 63
permit for treatment or storage of medical marijuana waste for a
period not to exceed ninety (90) days.
F. The cost of a medical marijuana waste disposal license shall
be Five Thousand Dollars ($5,000.00) for the initial license. The
cost of a medical marijuana waste disposal facility permit shall be
Five Hundred Dollars ($500.00). A medical marijuana waste disposal
facility permit that has been revoked shall be reins tated upon
remittance of a reinstatement fee of Five Hundred Dollars ($500.00)
to restore the facility permit. All license and permit fees shall
be deposited into the Oklahoma Medical Marijuana Authority Revolving
Fund as provided in Section 427.5 of this title.
G. The holder of a medical marijuana waste disposal license
shall not be required to obtain a medical marijuana transporter
license provided for in the Oklahoma Medical Marijuana and Patient
Protection Act for purposes of transporting medical mar ijuana waste.
H. All commercial licensees, as defined in Section 428.1 of
this title, shall utilize a licensed medical marijuana waste
disposal service to process all medical marijuana waste generated by
the licensee.
I. The State Commissioner of Healt h Executive Director of the
Authority shall promulgate rules for the implementation of the
Oklahoma Medical Marijuana Waste Management Act. Promulgated rules
shall address disposal process standards, site security and any
other subject matter deemed neces sary by the Authority Executive
Director.
SECTION 32. REPEALER 63 O.S. 2021, Section 430, as
amended by Section 12, Chapter 584, O.S.L. 2021 (63 O.S. Supp. 2023,
Section 430), is hereby repealed.
SECTION 33. REPEALER 63 O.S. 2021, Section 430, as last
amended by Section 24, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2023,
Section 430), is hereby repealed.
SECTION 34. It being immediately necessary for the preservation
of the public peace, h ealth or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 1995 Page 64
Passed the Senate the 1 4th day of March, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 23rd day of April, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock _______ M.
By: _________________________________