An Act
ENROLLED SENATE
BILL NO. 437 By: Garvin of the Senate
and
Pfeiffer of the House
An Act relating to me dical marijuana; amending 63
O.S. 2021, Section 420, as amended by Section 1,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
420), which relates to medical marijuana patient
license; prohibiting colocation of recommending
physicians for minor patien t; requiring certain
attestation; clarifying certain requirement;
directing promulgation of certain rules; requiring
qualifying medical conditio ns for recommendations;
requiring in-person physical examination; providing
exception; amending 63 O.S. 2021, Sections 421, 422,
and 423, as amended by Sections 1, 2, and 3, Chapter
332, O.S.L. 2022, and 424 (63 O.S. Supp. 2022,
Sections 421, 422, and 423), which relate to
licensing requirements for medica l marijuana
dispensaries, commercial growers , processors, and
transporters; providing for temporary and annual
licenses; updating language; amending 63 O.S. 2021,
Section 427.2, as last amended by Section 1, Chapter
317, O.S.L. 2022 (63 O.S. Supp. 2022, Section 427.2),
which relates to definitions; modifying definition;
amending 63 O.S. 2021, Section 42 7.8, which relates
to municipal and county zoning rights; updating
statutory references; amending 63 O.S. 2021, Section
427.10, as amended by Section 12, Chapter 251, O.S.L.
2022 (63 O.S. Supp. 2022, Section 427.10), w hich
relates to physicians who may provide a
recommendation; directing creation of certai n
registry; requiring registration by physicians;
requiring compliance with medical education and
continuing medical education requirements; directing
promulgation of certain rules in consultation with
specified boards; amending 63 O.S. 2021, Section
ENR. S. B. NO. 437 Page 2
427.14, as last amended by Section 5 of Enrolled
House Bill No. 2095 of the 1st Session of the 59th
Oklahoma Legislature (63 O.S. Supp. 2022 , Section
427.14), which relates to medical marijuana business
license; modifying scope of certain definition ;
creating temporary and annua l licensing program for
certain medical marijuana businesses; stating
conditions for temporary licenses; requiring
adherence to certain rul es and regulations;
clarifying obligations of the Oklahoma Medical
Marijuana Authority when issuing temporary license s;
stating length of term of tem porary licenses;
providing for extensio ns under certain circumstances;
establishing fees for temporary lice nses and
extensions; requiring submission of certain
information to the Authority; prohibiting issuance of
license until certain inspections are comp leted;
authorizing rejection of applica tions; defining term;
clarifying circumstances that allow for the is suance
of annual medical marijuana business licenses;
requiring current licensees to submit certain
documentation prior to renewal; establishing
timelines and procedures; requiring person issued a
temporary and annual license to annually submit
certain documentation when seeking renewal of the
license; requiring insurance verification for
licensees transporting medical marijuana; requiring
an applicant to submit verification of ownership or
lease of a licensed medical marijuana busin ess
premises; prohibiting multiple licenses at same
location; providing exception; amending Section 3,
Chapter 328, O.S.L. 2022 (63 O.S. Supp. 2022, Section
427.14b), which relates to credentials required for
employees to work in licensed medical marijuana
business; requiring dispensary em ployees to comply
with education and continuing education requirements;
directing promulgation of certain rules; authorizing
the Oklahoma Medical Marijuana Authority to require
certain application for transfer of license;
prohibiting transfer without appro val; allowing
Authority to revoke license or forbid future
licenses; establishing fee for application; providing
ENR. S. B. NO. 437 Page 3
for promulgation of rules; prohibiting transfers
during certain investigations; allowing for only one
transfer per year; amending 63 O.S. 2021, Section
427.16, as last amended by Section 7 of Enrolled
House Bill No. 2095 of the 1st Session of the 59th
Oklahoma Legislature (63 O.S. Supp. 2022, Section
427.16), which relates to medical marijuana
transporter license; creating temporary licensing
program for medical marijuana transporters;
specifying certain requirements; providing exception
under certain circumstances; allowing the Okl ahoma
Medical Marijuana Authority to revoke exception;
directing promulgation of rules to impose limits on
tetrahydrocannabinol (THC) potency of medical
marijuana and medical marijuana products; setting
certain limits on potency; prohibiting licensed
medical marijuana dispensary from selling medical
marijuana or medical marijuana product that exceeds
potency limits; amen ding 63 O.S. 2021, Section
427.21, as amended by Section 2, Chapter 329, O.S.L.
2022 (63 O.S. Supp. 2022, Section 427.21), which
relates to advertising; prohibiting certain types of
events to be hosted or advertised; providing for the
promulgation of rules for certain events; directing
licensed medical marijuana processors and licensed
medical marijuana commercial growers to sell certain
medical marijuana products in pre -packaged form;
providing requirements for packaging; allowing for
the display and smell ing of marijuana; amending
Section 2 of Enrolled Senate Bill No. 913 of the 1st
Session of the 59th Oklahoma Legislature , which
relates to medical marijuana bond requirement;
providing for promulgation of rules; providing for
codification; providing effectiv e dates; and
declaring an emergency.
SUBJECT: Medical marijuana
BE IT ENACTED BY THE PEOPL E OF THE STATE OF OKLAHOMA:
ENR. S. B. NO. 437 Page 4
SECTION 1. AMENDATORY 63 O.S. 2021, Section 420, as
amended by Section 1, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 420), is amended to read as follows:
Section 420. A. A person in possess ion 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 mar ijuana plants and the
harvested marijuana therefrom;
4. Legally possess six seedling plants;
5. Legally possess o ne (1) ounce or twenty -eight and three-
tenths (28.3) grams of conc entrated marijuana;
6. Legally possess seventy -two (72) ounces or two thou sand
thirty-seven and six-tenths (2,037.6) grams of edible marijuana;
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 top ical
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 condit ion, but are not in possession
of a state-issued medical marijuana patient license, shall
constitute a misdemeanor offense not subject to imprisonment but
punishable by a fine not to exceed Four Hundred Dollars ($400.00).
Any law enforcement officer who c omes in contact with a person in
violation of this subsection and who is sa tisfied as to the identity
of the person, as well as any other pertinent information the law
enforcement officer de ems necessary, shall issue to the person a
written citation contai ning a notice to answer the charge against
the person in the appropriate co urt. Upon receiving the written
ENR. S. B. NO. 437 Page 5
promise of the alleged violator to answer as specified in the
citation, the law en forcement officer shall release the person upon
personal recognizance unless there has been a violation of another
provision of law.
C. The Oklahoma Medical Marijuana Authority shall be
established which shall receive applications for medical marijuana
patient and caregiver license recipients, dispensaries, growers and
processors within sixty (60) days of the passage of this initiative.
D. The 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 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
or one hundred percent (100%) disabled veterans. The methods of
payment shall be provided on the website of the Authority. R eprints
of the medical mariju ana patient license shall be Twenty Dol lars
($20.00).
E. A short-term medical marijua na patient license application
shall also be made available on the website of the 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, b ut whose physician recommendation for
medical marijuana is only va lid for sixty (60) days. Short -term
medical marijuana patient licenses sha ll be issued for sixty (60)
days. The fee for a short-term medical marijuana patient license,
reprints of the shor t-term medical marijuana patient license and the
procedure for extending or renewing the license shall be determined
by the Executive Directo r of the Authority.
F. A temporary medical marijuana patient licens e application
shall also be available on the we bsite of the Authority for
residents of other states. Temporary m edical marijuana patient
licenses shall be granted to medical marijuana lic ense holders from
other states, provided that such states have state -regulated medical
marijuana programs and appli cants can prove they are members of such
programs. Temporary medi cal marijuana patient licenses shall be
issued for thirty (30) days. The c ost for a temporary medical
marijuana patient license shall be One H undred Dollars ($100.00).
ENR. S. B. NO. 437 Page 6
Renewal shall be gra nted with resubmission of a new application. No
additional criteria shall be required. Reprints of the temporary
medical marijuana patient license shall be Twenty Dol lars ($20.00).
G. Medical marijuana pati ent license applicants shall submit
their applications to the Authority for approval. The applicant
shall be a resident of this state and shall prove residency by a
valid driver license, utility bills, or other ac cepted methods.
H. The Authority shall re view the medical marijuana patient
license application; approve, reject or deny the application; and
mail the approval, rejection or denial letter stating any reasons
for the rejection or denial to the applicant within fourteen (14)
business days of receip t of the application. Approved applicants
shall be issued a medical marijuana patient license which shall act
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 Authority shall make available, both on its website and
through a telephone verification system, an easy method to validate
the authenticity of th e medical marijuana patient license by the
unique 24-character identification number.
J. The Authority shall ensur e that all medical marijuana
patient and caregiver records and inf ormation are sealed to protect
the privacy of medical marijuana patient lic ense applicants.
K. A caregiver license shall be made available for qualified
caregivers of a medical marijuana pa tient license holder who is
homebound. As provided in Section 427 .11 of this title, the
caregiver license shall provide the caregiver the sa me rights as the
medical marijuana patient licensee including the ab ility to possess
marijuana, marijuana products and mature and immature plants
pursuant to the Oklahoma Medical Ma rijuana and Patient Protection
Act, but excluding the ability to use mariju ana or marijuana
products unless the caregiver has a medical marijua na patient
license. Applicants for a caregiver license shall submit proof of
the license status and homebound st atus of the medical marijuana
patient and proof that the applicant is the d esignee of the medical
marijuana patient. The applicant shall also submit proof that he or
ENR. S. B. NO. 437 Page 7
she is eighteen (18) ye ars of age or older and proof of his or her
state residency.
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); howe ver,
these applications shall be signed by two physicians and the parent
or legal guardian of the applicant . The two physicians shall not be
located at the same physical address. At least one of the
physicians shall attest that the minor applicant has be en under the
routine care of the physician for not less than one ( 1) year, or not
less than five (5) years if the minor patient has only been seen by
the physician through telemedicine, or that the minor appli cant was
referred to the physician by a physici an whose care the minor
applicant has been under for not less than one (1) year or not less
than five (5) years if the minor patient has only been seen by the
physician through telemedicine.
M. All applications for a medical marijuana patient license
shall be signed by an Oklahoma a physician located in this state and
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners,
or the Board of Podiatric Medical Examiners. There are n o
qualifying conditions for patients eighteen (18) years of age or
older, unless the patient is currently enrolled in a public school
in this state. The Executive Director shall consult with
appropriate medical licensure boards or organization s representing
healthcare providers that oversee the care of pediatric patient s in
this state to promulgate rules to specify qualifying medical
conditions for a medical marijuana patient under eighteen (18) years
of age, or for patients eighteen (18) years of ag e or older who are
currently enrolled in a publ ic school in this state, for licensure.
A medical marijuana patient license shall be recommend ed according
to the accepted standards a reasonable and prudent physician would
follow when recommending or approving an y medication, and may only
be recommended for qu alifying medical conditions approved by the
Executive Director for patients under eighteen (18) years of age, or
who are currently enrolled in a publ ic school in this state. Before
issuing a medical marijuan a recommendation to a minor patient, a
physician shall first condu ct an in-person examination of the
patient. Unless the physician certifies that the patient is
homebound and in need of a caregi ver under subsection K of this
ENR. S. B. NO. 437 Page 8
section. No physician may be unduly stigmatized or harassed for
signing a medical marijuana pat ient license application.
N. Counties and cities may enact medical marijuana guidelines
allowing medical marijuana patient licen se holders or caregiver
license holders to exceed the state l imits set forth in subsection A
of this section.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 421, as
amended by Section 1, Chapter 33 2, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 421), is amended to read as follows:
Section 421. A. The Oklahoma Medical Marijuana Authority shall
make available on its website in an easy-to-find location an
application applications for a temporary medical marijuana
dispensary license and annual medical marijuana dispensary license.
The application fee to fees for the temporary or annual license
shall 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 fees shall be provided on the website of the
Authority. Dispensary Medical marijuana dispensary applicants must
all be residents of Oklahoma. Any entity applying for a temporary
or annual medical marijuana dispensary license must be owned by an
Oklahoma resident and must be registere d to do business in Oklahoma.
The Authority shall have ninety (90) business days to review the
application for a temporary medical marijuana dispensary license;
approve, reject or deny the application; and mail the approval,
rejection or denial letter stating reasons for the rejection or
denial to the applicant.
B. The In addition to the requirements provided for in the
Oklahoma Medical Marijuana and Patient Protection Act, 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 the State of Oklahoma;
3. All applying entities mus t show that all members, managers,
and board members are Oklahoma residents;
ENR. S. B. NO. 437 Page 9
4. An applying entity may show ownership of non-Oklahoma
residents, but that percentage ownership may not exceed twenty-five
percent (25%);
5. All applying individuals or enti ties must be registered to
conduct business in the State of Oklahoma; and
6. All applicants must disclose all ownership interests in the
dispensary.
Applicants with a nonviolent felony conviction in the last two
(2) years, any other felony conviction i n the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated shall not qualify for a temporary or
annual medical marijuana dispensary license.
C. Licensed medical marijuana dispensaries shall be required to
complete a monthly sal es 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 weight of marijuana
purchased at wholesale and the weight of ma rijuana 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 respons ibilities to ensure that all
marijuana being grown is accounted for.
D. Only a licensed medical marijuan a dispensary may conduct
retail sales of marijuana or marijuana derivatives. Beginning on
the effective date of this act, licens ed medical marijuana
dispensaries shall be authorized to package and sell pre-rolled
marijuana to licensed medical marijuana pa tients and licensed
caregivers. The products described in this subsection shall contain
only the ground parts of the marijuana p lant and shall not in clude
marijuana concentrates or der ivatives. 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 law and rules promulgated by
the Authority.
ENR. S. B. NO. 437 Page 10
E. No medical marijuana dispensary shall offer or 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 no t contained in a sealed or separate
package. Provided, such prohibition shall not preclude 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 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 c ases, jars or
other containers and 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 reta il sale.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 422, as
amended by Section 2, Chapter 332, O.S.L. 2022 (63 O .S. Supp. 2022,
Section 422), is amended to read as follows:
Section 422. A. The Oklahoma Medical Marijuana Authori ty shall
make available on its website in an easy-to-find location an
application applications for a temporary medical marijuana
commercial grower license and annual medical marijuana commercial
grower license. The application fee fees for the temporary o r
annual license 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 fees shall be provided on the website of the
Authority. The Authority shall have ninety (90) days to review the
application for a temporary medical marijuana commercial gro wer
license; approve, reject or deny the application; and mail the
approval, rejection or denial letter stating the reasons for the
rejection or denial to the applicant.
B. The In addition to the requirements provided for in the
Oklahoma Medical Marijuana and Patient Protection Act, the Authority
shall approve all applications which meet the following criteria:
1. The applicant must be twenty-five (25) years of age or
older;
ENR. S. B. NO. 437 Page 11
2. The applicant, if applying as an individual, must show
residency in the State of Oklahoma;
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%);
5. All applying individuals or entities must be registered to
conduct business in the State of Oklahoma; and
6. All applicants must disclose all ownership interests in the
commercial grower operation.
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 incarcerated shall not qualify for a temporary or
annual medical mariju ana commercial grower license.
C. A licensed medical marijuana commercial 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 wholes ale sales and
shall not be subject to taxation. 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 wholesale 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 selli ng 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 marijuana sold
ENR. S. B. NO. 437 Page 12
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 repor t 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.
E. Beginning on the effective date of this act, 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 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 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.
SECTION 4. AMENDATORY 63 O.S. 2021, Section 423, as
amended by Section 3 , Chapter 332, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 423), is ame nded 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 applications for a temporary medical marijuana processor
license and annual medical marijuana processing processor license.
The Authority shall be authorized to issue two types of annual
medical marijuana proc essor licenses based on the level of risk
posed by the type of processi ng conducted:
1. Nonhazardous medical marijuana processor license; and
2. Hazardous medical marijuana processor license .
The application fee fees for a nonhazardous or hazardous medic al
marijuana processor the temporary or annual 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) days to review the
ENR. S. B. NO. 437 Page 13
application for a temporary medical marijuana processor license;
approve, reject or deny the application; and mail the approval,
rejection or denial letter stating the reasons for the rejection or
denial to the applicant.
B. The Authority shall approve all applications which mee t 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 the State of Oklahoma;
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 t wenty-five
percent (25%);
5. All applying individuals or entities must be registered to
conduct business in the State of Oklahoma; 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 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 temporary or
annual medical marijuana processing processor license.
C. 1. A licensed medical marijuana processor may take
marijuana plants and dis till or process these plants into
concentrates, edibles, and other forms for consumption.
2. As required by subsection D of this section, the Authority
shall make available a set of standards which shall be used by
licensed medical marijuana processors in the preparation of edible
marijuana products. The standards should be in line with curr ent
ENR. S. B. NO. 437 Page 14
food preparation guidelines. No excessive or punitive rules may be
established by the Authority.
3. Up to two times a year, the Authority 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 medical marijuana
processor. The licensed medical marijuana processor shall have one
(1) month to correct the deficiency or be subject to a fine of Five
Hundred Dollars ($500.00) fo r each deficiency.
4. A licensed medical marijuana processor may sell marijuana
products it creates to a licensed medical marijuana dispensary or
any other licensed medical marijuana processor. All sales by a
licensed medical marijuana processor shall be considered wholesale
sales and shall not be subject to taxation.
5. Under no circumstances may a licensed medical marijuana
processor sell marijuana or any marijuana product directly to a
licensed medical marijuana patient or licensed medical marijuana
caregiver. However, a licensed medical marijuana processor may
process cannabis into a concentrated form for a licensed medical
marijuana patient for a fee.
6. Licensed medical marijuana 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 waste in pounds. Additionally, this repor t 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 inspection and compliance of
licensed medical marijuana processors producing products with
marijuana as an additive . The Authority shall be compelled to,
within thirty (30) days of passage of this initiativ e, appoint
twelve (12) Oklahoma residents to the Medical Marijuana Advisory
Council, who are marijuana industry exper ts, to create a list of
food safety standards for processing and handling medical marijuana
ENR. S. B. NO. 437 Page 15
in Oklahoma. These standards shall be adopted by the Authority and
the Authority may enforce these standards for licensed medical
marijuana processors. The Authority shall develop a standards
review procedure and these standards can be altered by calling
another council of twelve (12) Oklahoma mariju ana industry experts.
A signed letter of twenty operating, licensed medical marijuana
processors shall constitute a need for a new council and standards
review.
E. If it becomes permissi ble under federal law, marijuana may
be moved across state lines.
F. Any device used for the processing or consumption of medical
marijuana shall be considered legal to be sold, manufactured,
distributed and possessed. No merchant, wholesaler, manufactur er or
individual may be unduly harassed or prosecuted for sellin g,
manufacturing or possessing marijuana paraphernalia.
SECTION 5. AMENDATORY 63 O.S. 2021, Section 424, is
amended to read as follows:
Section 424. A. A temporary medical marijuana transportation
transporter license will or an annual medical marijuana transporter
license shall be issued to qualifying applicants for a medical
marijuana retail dispensary, growing medical marijuana commercial
grower, or processing medical marijuana processor license. The
transportation temporary or annual medical marijuana transporter
license will shall be issued at the time of approval of a retail,
growing, or processing the temporary or annual medical marijuana
dispensary, medical mari juana commercial grower, or medical
marijuana processor license. The fees for the temporary or annual
license shall be paid by the applicant in the amounts provided for
in Section 427.14 of this title.
B. A transportation medical marijuana transporter license will
shall allow the holder to transport medical marijuana from an
Oklahoma licensed Oklahoma-licensed medical marijuana retailer
dispensary, licensed growing medical marijuana commercial grower
facility, or licensed medical marijuana processor facility to an
Oklahoma licensed Oklahoma-licensed medical marijuana retailer
dispensary, licensed growing medical marijuana commercial grower
facility, or licensed medical marijuana processing facility.
ENR. S. B. NO. 437 Page 16
C. All medical marijuana or medical marijuana products shall be
transported in a locked cont ainer and clearly labeled “Medical
Marijuana or Derivative”.
SECTION 6. AMENDATORY 63 O.S. 2021, Section 427.2, as
last amended by Section 1, Chapter 317, O.S.L. 2022 (63 O .S. Supp.
2022, Section 427.2), is amended to read as follows:
Section 427.2. As used in the Oklahoma Medical Ma rijuana and
Patient Protection Act:
1. “Advertising” means the act of providing consideration for
the publication, dissemination, solicitation or circulation, of
visual, oral or written communication to induce directly or
indirectly any person to patroniz e a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. “Authority” means the Oklahoma Medical Marijuana Author ity;
3. “Batch number” means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. “Cannabinoid” means any of the chemical compounds that are
active principles of marijuana;
5. “Caregiver” means a family member or assistant who regularly
looks after a medical marijuana license holde r whom a physician
attests needs assistance;
6. “Child-resistant” means special packaging that is:
a. designed or construc ted to be significantly difficult
for children under five (5) years of age to open and
not difficult for normal adults to use properl y as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995),
ENR. S. B. NO. 437 Page 17
b. opaque so that the outermost packaging does not a llow
the product to be seen withou t opening the packaging
material, and
c. resealable to maintain its child-resistant
effectiveness for multiple openings for any product
intended for more than a single use or containing
multiple servings;
7. “Clone” means a nonflowering plant cut from a m other plant
that is capable of developing into a new plant and has shown no
signs of flowering;
8. “Commissioner” means the State Commissioner of Health;
9. “Complete application” means a document prepared in
accordance with the provisions set forth in the Oklahoma Medical
Marijuana and Patient Protection Act, rules promulgated pursuant
thereto, and the forms and instructions provided by the Department
including any supporting documentation required and the applicable
license application fee;
10. “Department” means the State Department of Health;
11. “Director” means the Executive Director of th e Oklahoma
Medical Marijuana Authority;
12. “Dispense” means the selling of medical marijuana or a
medical marijuana product to a qualified patient or the design ated
caregiver of the patient that is packaged in a suitable container
appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. “Dispensary” means a medical marijuana dispensary, an
entity that has been licensed by the De partment pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act to purchase
medical marijuana or medical marijuana products from a licensed
medical marijuana commercial grower or medical marijuana processor,
sell medical marijuana or medical marijuana products to patients and
caregivers as defined under the Oklahoma Medical Marijuana and
Patient Protection Act, or sell or transfer products to another
dispensary;
ENR. S. B. NO. 437 Page 18
14. “Edible medical marijuana product” means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limited to, any type of food, drink
or pill;
15. “Entity” means an individual, general partnership, limited
partnership, limited liability company, trus t, estate, association,
corporation, cooperative or any other legal or commercial entity;
16. “Flower” means the reproductive organs of the marijuana or
cannabis plant referred to as the bud or parts of the plant that are
harvested and used to consume in a variety of medical marijuana
products;
17. “Flowering” means the reproductive state of the marijuana
or cannabis plant in which th ere are physical signs of flower or
budding out of the nodes of the stem;
18. “Food-based medical marijuana concentrate ” means a medical
marijuana concentrate that was produced by extracting cannabinoids
from medical marijuana through the use of propylene glycol,
glycerin, butter, olive oil, coconut oil or other typical food-safe
cooking fats;
19. “Good cause” for purposes of an initial, renewal or
reinstatement license application, or for purposes of discipline of
a licensee, means:
a. the licensee or applicant has violated, does not meet,
or has failed to comply with any of the terms,
conditions or provisions of the act, an y rules
promulgated pursuant thereto, or any supplemental
relevant state or local law, rule or regulation,
b. the licensee or applica nt has failed to comply with
any special terms or conditions that were placed upon
the license pursuant to an order of the State
Department of Health, Oklahoma Medical Marijuana
Authority or the municipality, or
ENR. S. B. NO. 437 Page 19
c. the licensed premises of a medical mariju ana business
or applicant have been operated in a manner that
adversely affects the public health or welfare or the
safety of the immediate vicinity in which the
establishment is located;
20. “Harvest batch” means a specifically identified quantity of
medical marijuana that is uniform in strain, cultivated utilizing
the same cultivation practices, harvested at the same time f rom the
same location and cured under uniform conditions;
21. “Harvested marijuana” means post-flowering medical
marijuana not including trim, concentrate or waste;
22. “Heat- or pressure-based medical marijuana concentrate”
means a medical marijuana con centrate that was produced by
extracting cannabinoids from medical marijuana through the use of
heat or pressure;
23. “Immature plant” means a nonflowering marijuana plant that
has not demonstrated signs of flowering;
24. “Inventory tracking system ” means the required tracking
system that accounts for medical marijuana from either the seed or
immature plant stage until the medical mar ijuana or medical
marijuana product is sold to a patient at a medical marijuana
dispensary, transferred to a medical mariju ana research facility,
destroyed by a medical marijuana business or used in a research
project by a medical marijuana research facili ty;
25. “Licensed patient” or “patient” means a person who has been
issued a medical marijuana patient license by the Stat e Department
of Health or Oklahoma Medical Marijuana Authority;
26. “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 Oklahoma 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 marijuana products in accordance with
ENR. S. B. NO. 437 Page 20
the provisions of the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto;
27. “Manufacture” means the production, propagation,
compounding or processing of a medical marijuana product, excluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, or by a combination of extraction and
chemical synthesis;
28. “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 Oklahoma Industrial Hemp Program any plant or
material derivative not defined therein shall be defi ned by the
Authority;
29. “Material change” means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or production of medical marijuana,
medical marijuana concentrate or medic al marijuana products;
30. “Mature plant” means a harvestable female marijuana plant
that is flowering;
31. “Medical marijuana business (MMB) ” means a licensed medical
marijuana dispensary, medical marijuana processor, medical mari juana
commercial grower, medical marijuana laboratory, medical marijuana
business operator or a medical marijuana transporter;
32. “Medical marijuana concentrate ” or “concentrate” means a
specific subset of medical marijuana that was produced by extractin g
cannabinoids from me dical marijuana. Categories of medical
marijuana concentrate include water-based medical marijuana
concentrate, food-based medical marijuana concentrate, so lvent-based
medical marijuana concentrate, and heat- or pressure-based medical
marijuana concentrat e;
33. “Medical marijuana commercial grower” or “commercial
grower” means an entity licensed to cultivate, prepare and package
medical marijuana and transf er or contract for transfer medical
ENR. S. B. NO. 437 Page 21
marijuana to a medical marijuana dispensar y, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufacture rs. A commercial grower may sell seeds,
flower or clones to commercial grower s pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
34. “Medical marijuana education facility” or “education
facility” means a person or entity approved pu rsuant to the Oklahoma
Medical Marijuana and Patient Protection Act to operate a facility
providing training and education to individuals involving the
cultivation, growing, harvesting, curing, preparing, packaging or
testing of medical marijuana, or the p roduction, manufacture,
extraction, processing, packaging or creation of medica l-marijuana-
infused products or me dical marijuana products as described in the
Oklahoma Medical Marijuana and Patient Protection Act;
35. “Medical-marijuana-infused product” means a product infused
with medical marijuana including, but not limited to , edible
products, ointments and tinctu res;
36. “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 includ ing, but
not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids and forms administered by a
nebulizer, excluding live plant forms which are considered medical
marijuana;
37. “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 pro duction,
manufacture, extraction , processing, packaging or creation of
concentrate, medical-marijuana-infused products or medical marijuana
products as described in the Oklahoma Medical Marijuana and Patient
Protection Act;
38. “Medical marijuana re search facility” or “research
facility” means a person or entity approved pursuant to the Oklahoma
Medical Marijuana and P atient Protection Act to conduct medical
ENR. S. B. NO. 437 Page 22
marijuana research. A medical marijuana research facility is not a
medical marijuana business;
39. “Medical marijuana testing lab oratory” or “laboratory”
means a public or private laboratory licensed pursuant to the
Oklahoma Medical Marijuana and Patient Protection Act, to conduct
testing and research on medical marijuana and medical marijuana
products;
40. “Medical marijuana trans porter” or “transporter” means a
person or entity that is licensed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act. A medical marijuana
transporter does not include a medical marijuana business that
transports its own medical mariju ana, medical marijuana concentrate
or medical marijuana products to a property or fac ility adjacent to
or connected to the licensed premises if the property is another
licensed premises of the same medical marijuana busine ss;
41. “Medical marijuana waste ” or “waste” means unused, surplus,
returned or out-of-date marijuana, plant debris of the plant of the
genus Cannabis including dead plants and all unused plant parts and
roots, except the term shall not include roots, st ems, stalks and
fan leaves;
42. “Medical use” means the acquisition, possession, use,
delivery, transfer or transportat ion of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medi cal marijuana to treat a
licensed patient;
43. “Mother plant” means a marijuana plant that is grown or
maintained for the purpose of generating clones, and that will not
be used to produce plant material for sale to a medical marijuana
processor or medical marijuana dispensary;
44. “Oklahoma physician” or “physician” means a physician
licensed by and in good standing with the State Board of Medical
Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Exam iners;
ENR. S. B. NO. 437 Page 23
45. “Oklahoma resident” means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
46. “Owner” means, except where the context otherwise requires,
a direct beneficial owner in cluding, but not limited to, all persons
or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a general partnership,
c. all general partners and all limited partn ers that own
an interest in a limited partnership,
d. all members that own an interest in a li mited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own inter est in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal entity, and
i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
47. “Package” or “packaging” means any container or wrapper
that may be used by a medical marijuana business to enc lose or
contain medical marijuana;
48. “Person” means a natural person, partnership, association,
business trust, compa ny, corporation, estate, limited liability
company, trust or any other legal entity or organization, o r a
manager, agent, owner, directo r, servant, officer or employee
ENR. S. B. NO. 437 Page 24
thereof, except that person does not include any governmental
organization;
49. “Pesticide” means any substance or mixture of substances
intended for preventing, destroying, repelling or mitigating any
pest or any substance or mixture of substances intended for use as a
plant regulator, defoliant or desiccant, except that the term
pesticide shall not include any article that is a “new animal drug”
as designated by the United States Food and Drug Administration;
50. “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 mar ijuana,
or
b. any amount of medica l marijuana product of the same
exact type, produced using the same ingredients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
51. “Public institution” means any entity esta blished or
controlled by the feder al government, state government, or a local
government or municipality including, but not limited to,
institutions of higher education or related research institutions;
52. “Public money” means any funds or money obtained by the
holder from any government al entity including, but not limited to,
research grants;
53. “Recommendation” means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act;
54. “Registered to conduct business” means a person that has
provided proof that the business applicant is in good standing with
the Secretary of State and Oklahoma Tax Commission;
ENR. S. B. NO. 437 Page 25
55. “Remediation” means the process by which the medical
marijuana flower or trim, which has failed microbial testing, is
processed into solvent-based medical marijuana concentrate and
retested as required by the Oklahoma Medical Marijuana and Patient
Protection Act;
56. “Research project” means a discrete scientific endeavor to
answer a research question or a set of research questio ns related to
medical marijuana and is required for a medical marijuana research
license. A research project shall include a description of a
defined protocol, cl early 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 re search facility
shall be conducted in furtherance of an approved research project;
57. “Revocation” means the final decision by the Department
that any license issued pursuant to the Oklahoma Medical Marijuana
and Patient Protection Act is rescinded because the individual or
entity does not comply with the applicable requirements set forth in
the Oklahoma Medical Marijuana and Patient Protection Act or rules
promulgated pursuant thereto;
58. “School” means a public or private preschool, a public or
private elementary or secondary school, or a technology center
school which is primarily used for classroom instruction. A
homeschool, daycare or child-care facility shall not be considered a
“school” as used in the Oklahoma Medical Marijuana and Patient
Protection Act;
59. “Shipping container” means a hard-sided container with a
lid or other enclosure that can be secured in place. A shipping
container is used solel y for the transport of medical marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana education facility;
60. “Solvent-based medical marijuana concentrate” means a
medical marijuana concentrate that was produced by extracting
ENR. S. B. NO. 437 Page 26
cannabinoids from medical mariju ana through the use of a solvent
approved by the Department;
61. “State Question” means Oklahoma State Question No. 788,
Initiative Petition No. 412, approved by a majority vote of the
citizens of Oklahoma on June 26, 2018;
62. “Strain” means the classification of marijuana or cannabis
plants in either pure sativa, indica, afghanica, ruderalis or hybrid
varieties;
63. “THC” means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by decarboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
64. “Test batch” means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, that is harvested during a seven-day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from usable marijuana, means an identifie d
quantity that is uniform, that is intended to meet specifications
for identity, strength and composition, and that is manufactured,
packaged and labeled during a specified time period according to a
single manufacturing, packaging and labeling protocol;
65. “Transporter agent” means a person who transports medical
marijuana or medical marijuana products for a licensed tr ansporter
and holds a transporter agent license pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
66. “Universal symbol” means the image established by the State
Department of Health or Oklahoma Medical Marijua na Authority and
made available to licensees through its website indicating that the
medical marijuana or the medical marijuana product contains THC;
67. “Usable marijuana” means the dried leaves, flowers, oils,
vapors, waxes and other portions of the mar ijuana plant and any
mixture or preparation thereof, exc luding seeds, roots, stems,
stalks and fan leaves; and
ENR. S. B. NO. 437 Page 27
68. “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 7. AMENDATORY 63 O.S. 2021, Section 427.8, is
amended to read as follows:
Section 427.8. A. The rights to possess the marijuana products
set forth in Section 420 of Title 63 of the Oklahoma Statutes this
title are cumulative and a duly licensed individual may possess at
any one time the totality of the items listed therein and not be in
violation of this act so long as the individual holds a valid
medical marijuana patient license or caregiver license.
B. Municipal and county go verning bodies may not enact medical
marijuana guidelines which restrict or interfere with the rights of
a licensed patient or caregiver to p ossess, purchase, cultivate or
transport medical marijuana within the legal limits set forth in
this act the Oklahoma Medical Marijuana and Patient Protection Act
or Section Sections 420 et seq. of Title 63 of the Ok lahoma Statutes
through 426.1 of this title or require patients or caregivers to
obtain permits or licenses in addition to the state-required
licenses provided herein.
C. Nothing in this act the Oklahoma Medical Marijuana and
Patient Protection Act or Section Sections 420 et seq. of Title 63
of the Oklahoma Statutes through 426.1 of this title shall prohibit
a residential or commercial property or business owner from
prohibiting the consumption of medical marijuana or medical
marijuana product by smoke or vaporization on the premises, within
the structures of the premises or within ten (10) feet of the
entryway to the premises. However, a medical marijuana patient
shall not be denied the right to consume or use other medical
marijuana products which are otherwise legal an d do not involve the
smoking or vaporization of cannabis when lawfully recommended
pursuant to Section 420 of Title 63 of the Oklahoma Stat utes this
title.
D. A medical marijuana patient or caregiver licensee shall not
be denied eligibility in public assi stance programs includin g, but
not limited to, Medicaid, Supplemental Nutrition Assistance Program
(SNAP), Women, Infants, and Children Nut rition Program (WIC),
ENR. S. B. NO. 437 Page 28
Temporary Assistance for Needy Families (TANF) or other such public
assistance programs based s olely on his or her stat us as a medical
marijuana patient or caregiver licensee, unless required by federal
law.
E. A medical marijuana pa tient or caregiver licensee shall not
be denied the right to own, purchase or possess a firearm,
ammunition, or firea rm accessories based sol ely on his or her status
as a medical marijuana patient or caregiver licensee. No state or
local agency, municipal or county governing authority shall
restrict, revoke, suspend or otherwise infringe upon the right of a
person to own, purchase or possess a firearm, ammunition, or firearm
accessories or any related firearms license or certification based
solely on their status as a medical marijuana patient or caregiver
licensee.
F. A medical marijuana patient or caregiver in actual
possession of a medical marijuana license shall not be subject to
arrest, prosecution or penalty in any manner or denied any right,
privilege or public assistance, under state law or municipal or
county ordinance or resolution including without limitation a civil
penalty or disciplinary action by a business, occupational or
professional licensing board or bureau, for the medical use of
marijuana in accordance with this act the Oklahoma Medical Marijuana
and Patient Protection Act .
G. A government medical a ssistance program shall not be
required to reimburse a person for costs associated with the medical
use of marijuana unless federal law req uires reimbursement.
H. Unless otherwise required by federal law or required to
obtain federal funding:
1. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applicant or employee solely on the basis of
such applicant’s or employee’s status as a medical marijuana
licensee; and
2. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applic ant or employee solely on the basis of a
positive test for marijuana components or metabolites, unless:
ENR. S. B. NO. 437 Page 29
a. the applicant or employee is not in possession of a
valid medical marijuana license,
b. the licensee possesses, consumes or i s under the
influence of medical marijuana or medical marijuana
product while at the place of employment or during the
fulfillment of emplo yment obligations, or
c. the position is one involving safety-sensitive job
duties, as such term is defined in subsec tion K of
this section.
I. Nothing in this act the Oklahoma Medical Marijuana and
Patient Protection Act or Section Sections 420 et seq. of Title 63
of the Oklahoma Statutes through 426.1 of this title shall:
1. Require an employer to permit or accommoda te the use of
medical marijuana on the property or premises of any place of
employment or during hours of employment;
2. Require an employ er, a government medical assistance
program, private health insurer, worker ’s compensation carrier or
self-insured employer providing worker’s compensation benefits to
reimburse a person for costs associated with the use of medical
marijuana; or
3. Prevent an employer from having written policies regarding
drug testing and impairment in accordance with the Oklahoma
Standards for Workplace Drug and Alcohol Testing Act, Section 551 et
seq. of Title 40 of the Oklahoma Statutes.
J. Any applicant or employee a ggrieved by a willful violation
of this section shall have, as his or her exclusive remedy, the same
remedies as provided for in the Oklahoma Standards for Workplace
Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of
the Oklahoma Statutes .
K. As used in this section:
1. “Safety-sensitive” means any job that includes tasks or
duties that the employer r easonably believes could affect the safety
ENR. S. B. NO. 437 Page 30
and health of the employee performing the task or others including,
but not limited to, any of t he following:
a. the handling, packaging, processing, storage, disposal
or transport of hazardous materials,
b. the operation of a motor vehicle, other vehicle,
equipment, machinery or power tools,
c. repairing, maintaining or monitoring the performance
or operation of any equipment, machinery or
manufacturing process, the malfunction or disruption
of which could result in injury or property damage,
d. performing firefighting duties,
e. the operation, maintenance or oversight of critical
services and infrastructure including, but not limited
to, electric, gas, and water utilities, power
generation or distribution,
f. the extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of potentially volati le,
flammable, combustible materials, elements, chemicals
or any other highly regulated component,
g. dispensing pharmaceuticals,
h. carrying a firearm, or
i. direct patient care or direct child care; and
2. A “positive test for marijuana components or metabolites”
means a result that is at or above the cutoff concentration level
established by the United State s Department of Transpor tation or
Oklahoma law regarding being under the influence, whichever is
lower.
L. All smokable, vaporized, vapable and e-cigarette medical
marijuana product inhaled through vaporization or smoked by a
medical marijuana licensee ar e subject to the same re strictions for
ENR. S. B. NO. 437 Page 31
tobacco under Section Sections 1-1521 through 1-1527 of Title 63 of
the Oklahoma Statutes this title, commonly referred to as the
“Smoking in Public Places and Indoor Workplaces Act ”.
SECTION 8. AMENDATORY 63 O.S. 2021, Section 427.10 , as
amended by Section 12, Chapt er 251, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 427.10), is amended to read as follows:
Section 427.10. A. Only licensed Oklahoma allopathic,
osteopathic and podiatric physicians may provide a medical marijuana
recommendation for a medical marijuana pat ient license under the
Oklahoma Medical Marijuana and Patient Protection Act.
B. A physician who has not completed his or her first residency
shall not meet the definition of “physician” under this section and
any recommendation for a medical marijuana pa tient license shall not
be processed by the Oklahoma Medical Marijuana Authority.
C. No physician shall be subject to arrest, prosecution or
penalty in any manner or denied any right or privilege under state,
municipal or county statute, ordinance or reso lution, including
without limitation a civil penalty or disciplinary action by the
State Board of Medical Licensure and Supervision, the State Board of
Osteopathic Examiners, the Board of Podiatric Medical Examiners or
by any other business, occupation or professional licensing board or
bureau, solely for providing a medical marijuana recommendatio n for
a patient or for monitoring, treating or prescribing scheduled
medication to patients who are medical marijuana licensees. The
provisions of this subsectio n shall not prevent the relevant
professional licensing boards from sanctioning a physician fo r
failing to properly evaluate the medical condition of a patient or
for otherwise violating the applicable physician -patient standard of
care.
D. A physician who recommends use of medical marijuana shall
not be located at the same physical address as a l icensed medical
marijuana dispensary.
E. If the physician determines the continued use of medical
marijuana by the patient no lo nger meets the requirements set f orth
in the Oklahoma Medical Marijuana and Patient Protection Act, the
physician shall notify the Oklahoma Medical Marijuana Authority and
ENR. S. B. NO. 437 Page 32
the license shall be immediately voided without right to an
individual proceeding.
F. The Authority shall create and maintain a registry of
recommending physicians. Beginning January 1, 2025, to be eligible
to provide a medical marijuana recommendation to a licensed patient,
a physician shall be registered with the Authority.
G. To be registered with the Authority, a physician shall
comply with the medical education and continuing medical education
requirements described in subsection I of this section and shall
meet all other requirements established by law or rule for
recommending physicians. A minimum of two (2) hours of continuing
physician education related to medical marijuana shall be completed
by January 1, 2025, or within one (1) year of being listed on the
registry.
H. The Executive Director of the Authority shall promulgate
rules to establish medical education and continuing medical
education requirements for recommending physicians. The State Board
of Medical Licensure and Supervision, the State Board of Osteopathic
Examiners, and the Board of Podiatric Medical Examiners shall
provide the Executive Director with a list of approved courses for
initial training and certification for recommending phys icians. The
Executive Director or licensure boards may consult with associations
representing licensees of such boards to approve education courses.
There shall be no less than one (1) hour of continuing education
each year for physicians making recomme ndations to patients under
eighteen (18) years of age or patients eighteen (18) y ears of age or
older who are enrolled in a public s chool in this state.
SECTION 9. AMENDATORY 63 O.S. 2021, Section 427.14, as
last amended by Section 5 of Enrolled House Bill No. 2095 of the 1st
Session of the 59th Oklahoma Legislature (63 O.S. Supp. 2022,
Section 427.14), is amende d 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;
ENR. S. B. NO. 437 Page 33
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 license applications.
C. The Authority shall make available on its website in an
easy-to-find location, applications for a temporary medical
marijuana business license and annual medical marijuana business
license.
D. Beginning November 1, 2023, the Authority shall require all
persons or entities seeking licensure as a medical marijuana
commercial grower, medical marijuan a processor, medical marijuana
dispensary, or medical marijuana transporter to first apply for a
temporary medical marijuana business license.
1. A temporary medical marijuana business license is a
conditional license and does not authorize the licensee t o conduct
any sales of medical marijuana or marijuana products, the growing or
processing of marijuana, or the transportation of any medical
marijuana or marijuana products by the licensee. A temporary
medical marijuana business licensee shall follow all applicable
rules and regulations promulgated by the Authority.
2. A temporary medical marijuana business license does not
obligate the Authority to issue an annual medical marijuana business
license nor does the temporary medical marijuana business licens e
create a vested right in the holder to either an extension of the
temporary medical marijuana business license or to the granting of a
subsequent annual medical marijuana business license.
3. A temporary medical marijuana business license issued under
the provisions of this subsection shall be valid for one hundred
eighty (180) days from its effective date.
ENR. S. B. NO. 437 Page 34
4. A temporary medical marijuana business license may be
extended by the Authority for additional ninety-day periods not to
exceed eighteen (18) mon ths if:
a. an application for an annual license has been
submitted to the Auth ority prior to the initial
expiration date of the temporary medical marijuana
business license, and
b. the Authority determines that the application and
required documentation su bmitted by the applicant for
an annual medical marijuana business license is
deficient in some manner.
5. A nonrefundable application fee for a temporary medical
marijuana business license shall be assessed in the amount of One
Thousand Dollars ($1,000.00 ). A nonrefundable fee of One Thousand
Dollars ($1,000.00) shall be assessed for every ninety-day extension
requested by the holder of a temporary medical marijuana business
license and subsequently granted by the Authori ty.
6. In addition to the general requirements provided for in
subsection F of this section, persons or entitie s applying for a
temporary medical marijuana business license or applying to renew a
medical marijuana business license shall submit the followi ng to the
Authority:
a. business-formation documents, which may include, but
are not limited to, articles of inco rporation,
operating agreements, partnership agreements, and
fictitious business name statements. The applicant
shall also provide all document s filed with the
Secretary of State,
b. financial information pertain ing to the operations of
the medical marijuana business, which shall include
the following:
(1) a list of funds belonging to the applicant held
in savings, checking, or other acc ounts
maintained by a financial in stitution. The
applicant shall provide for each account the name
ENR. S. B. NO. 437 Page 35
of the financial institution, address of the
financial institution, account type, account
number, and amount of money in the account ,
(2) a list of loans made to the applicant. For each
loan, the applicant shall provide the amount of
the loan, date of the loan, term of the loan,
security provided for the loan, and the name,
address, and phone number of the lender,
(3) a list of investments made into the medical
marijuana business. For each investment, the
applicant shall provide th e amount of the
investment, date of the investment, term of the
investment, and the name, address, and phone
number of the investor, and
(4) a list of all monetary gifts, equipment, and
property of any kind given to the applicant for
the purpose of or in exchange for applying for or
operating a medical marijuana business. For each
gift, the applicant shall provide the value or a
description of the gift and the name, address,
and phone number of the provider of the gift,
c. a complete list of every indi vidual who has a
financial interest in the medical marijuana business
who is not an owner of the medical marijuana business,
d. whether the applicant has an o wnership or a financial
interest in any other medical marijuana business
licensed under the provis ions of the Oklahoma Medical
Marijuana and Patient Protection Act,
e. a complete and detailed diagram of the proposed
premises. If changes to the proposed pr emises occur
during the application period, a revised set of plans
shall be submitted to the Autho rity for final
inspection. The diagram shall be to scale and shall
show the following:
ENR. S. B. NO. 437 Page 36
(1) boundaries of the property and the proposed
premises to be license d, showing all boundaries,
dimensions, entrances and exits, interior
partitions, walls, rooms, win dows, doorways, and
common or shared entryways, and shall include a
brief statement or description of the principal
activity to be conducted therein,
(2) the location of medical marijuana business
activities that will take place in each area of
the premises, and limited-access areas,
(3) where all cameras are located and a number
assigned to each camera for identification
purposes, and
(4) if the proposed premi ses consists of only a
portion of the prope rty, labels indicating which
part of the property is th e proposed premises and
what the remaining property is used for,
f. if the applicant is not the landowner of the real
property upon which the premises is loca ted, the
applicant shall provide to the Aut hority a document
from the landowner or the agent of th e landowner that
states that the applicant has the right to occupy the
property and acknowledging the applicant may use the
property for the medical marijuana business activity
for which the applicant is applying for licensure. An
applicant shall also pro vide a copy of the rental
agreement, as applicable,
g. if the applicant is the landowner of the real property
upon which the premises is located, the applicant
shall provide to the Authority a copy of the title or
deed to the property,
h. if the applicant is applying for a medical marijuana
commercial grower license, the applicant shall also
submit the following:
ENR. S. B. NO. 437 Page 37
(1) for indoor and mixed light cultivation,
identification of all power sources for
cultivation activities including, but not limited
to, illumination, heating, cooling, and
ventilation,
(2) if the applicant is proposing to use a diversion
from a waterbody, groundwater well, or rain
catchment system as a water source for
cultivation, include the following locations on
the property diagram with locat ions also provided
as coordinates in either latitude and longitude
or the Oklahoma Coordinate System:
(a) sources of water used, including the
location of waterbody diversion, pump
location, and distri bution system, and
(b) location, type, and capacity of each storage
unit to be used for cultivation, and
(3) a proposed cultivation plan, which shall include
identification of all water sources used for
cultivation activities, and
i. evidence of insurance including, but not limited to:
(1) general liability in surance,
(2) workers’ compensation insurance or a copy of an
Affidavit of Exempt Status filed with the
Oklahoma Workers’ Compensation Commission if
compensation coverage is not required pursuant to
the Administrative Workers’ Compensation Act, and
(3) product liability insurance.
7. The Authority may request additional information from the
applicant.
8. The Authority may reject an application for an annual
medical marijuana business license if the requirements for a
ENR. S. B. NO. 437 Page 38
temporary medical marijuana business license or any provision of the
Oklahoma Medical Marijuana and Patient Protection Act are not
satisfied.
9. For purposes of this subsection, “financial interest”
concerning a medical marijuana business shall inc lude any
contractual agreements for profit sharing, subcontracting, or
similar financial arrangements; provided, such disclosures alone
shall not automatically indicate ownership of the license or require
disclosure as an owner of the license .
E. 1. The Minus the fee of One Thousand Dollars ($1,000.00)
for a temporary medical marijuana transporter license, the annual,
nonrefundable fee for a medical marijuana transporter license shall
be Two Thousand Five Hundred Dollars ($2,500.00).
2. The Minus the fee of One Thousand Dollars ($1,000.00) for a
temporary medical marijuana business license, the initial 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 for the year. The annual,
nonrefundable license fee shall be based upon the total amount of
square feet of canopy harvested by the grower during the previous
twelve (12) months. The amount of the fees shall be determined as
follows after November 1, 2025 :
a. For an indoor, greenhouse, or light 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 thousand (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) s quare feet
of canopy, the fee shal l be Ten Thousand Dollars
($10,000.00),
ENR. S. B. NO. 437 Page 39
(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 (80,000) square feet
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 Thousand 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 thousand (100,000) square
feet.
b. For an outdoor medical marijuana grow facility:
(1) Tier 1: Up to two and one-half (2 1/2) acres,
the fee shall be Two Thousand Five Hundred
Dollars ($2,500.00),
(2) Tier 2: 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: Five (5) acres up to ten (10) acres, the
fee shall be Ten Thousand Dollars ($10,000.00),
(4) Tier 4: Ten (10) acres up to twenty (20) acres,
the fee shall be Twenty Thousand Dollars
($20,000.00),
ENR. S. B. NO. 437 Page 40
(5) Tier 5: Twenty (20) acres up to thirty (30)
acres, the fee shall be Thirty Thousand Dollars
($30,000.00),
(6) Tier 6: Thirty (30) acres up to forty (40)
acres, the fee shall be Forty Thousand Dollars
($40,000.00),
(7) Tier 7: 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 additi onal Two
Hundred Fifty Dollars ($250.00) per acre in
excess of fifty (50) acres.
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 wi thin 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
ENR. S. B. NO. 437 Page 41
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, p rior 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
circumference of the cylinder multiplied 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 ab ility to manipulate
natural light.
3. The In addition to the nonrefundable application fee for a
temporary medical marijuana business license, the annual,
nonrefundable license fee for a medical marijuana processor license
shall be determined as follows after November 1, 2025:
a. Tier 1: Zero (0) to ten thousand (10,000) pounds of
biomass or production or use of up to one hundred
(100) liters of cannabis concentrate, the annual fee
shall be Two Thousand Five Hundred Dollars
($2,500.00),
b. Tier 2: Ten thousand one (10,001) pounds to fifty
thousand (50,000) pounds of biomass or production or
use from one hundred one (101) to three hundred fifty
(350) liters of cannabis concentrate, the annual fee
shall be Five Thousand Dollars ($5,000.00),
c. Tier 3: Fifty thousand one (50,001) pounds to one
hundred fifty thousand (150,000) pounds of biomass or
production or use from three hundred fifty-one (351)
to six hundred fifty (650) liters of cannabis
ENR. S. B. NO. 437 Page 42
concentrate, the annual fee shall be Ten Thousand
Dollars ($10,000.00),
d. Tier 4: One hundred fifty thou sand one (150,001)
pounds to three hundred thousand (300,000) pounds of
biomass or production or use from six hundred fifty-
one (651) to one thousand (1,000) liters of cannabis
concentrate, the annual fee shall be Fifteen Thousand
Dollars ($15,000.00), and
e. Tier 5: More than three hundred thousand one
(300,001) pounds of biomass or production or use 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 marijuana shall be calculated as one (1) liter of
cannabis concentrate.
4. The Minus the fee of One Tho usand Dollars ($1,000.00) for a
temporary medical marijuana business license, the initial fee for a
medical marijuana dispensary license shall be Two Thousand Five
Hundred Dollars ($2,500.00). The After November 1, 2025, the
annual, nonrefundable license fee for a medical marij uana 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. The minimum fee shall be
not less than Two Thousand Five Hundred Doll ars ($2,500.00) and the
maximum fee shall not exceed Ten Thousand Dollars ($10,000.00).
5. The Minus the fee of One Thousand Dollars ($1,000.00) for a
temporary medical marijuana business license, the annual,
nonrefundable license fee for a medical marijuana testing laboratory
shall be Twenty Thousand Dollars ($20,000.00) after November 1,
2025.
E. F. All applicants seeking licensure or licensure renewal as
a medical marijuana business shall comply with the following general
requirements:
ENR. S. B. NO. 437 Page 43
1. All applications for licenses and registrations authorized
pursuant to this section shall be made upon forms prescribed by the
Authority;
2. Each application shall ide ntify 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 application 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 shall be accompanied by a full remittance
for the whole amount of the application fees. Application fees are
nonrefundable;
7. All applicants shall be approved for licensing review that,
at a minimum, meets meet the following criteria:
a. twenty-five (25) years of age or older,
b. if applying as an individual, proof that the applicant
is an Oklahoma resident 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 pursuant to
paragraph 11 of this subsection,
d. if applying as an individual or entity, proof that the
individual or entity is registered to conduct business
in the State of Oklahoma,
ENR. S. B. NO. 437 Page 44
e. disclosure of all ownership interests pursu ant 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 license e 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 correc tions facility, and
g. proof that the applicant has possessory right to the
real estate where the business will operate by
submission of a copy of an executed deed of conveyance
or a signed lease for the property;
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, although each application and each category
shall require a separate application and appli cation fee. A
commercial grower, processor and dispensary, or any combination
thereof, are authorized to share the same address or physical
location, subject to the further restrictions set forth in the
Oklahoma Medical Marijuana and Patient Protection Act; provided,
that no address or physical location shall be permitted to have
multiple licenses of the same type, except a commercial grower with
a combination of indoor or outdoor growing facilities at one
location pursuant to the licensing requirements of this section or a
licensed medical marijuana processor after the effective date of
this act;
9. All applicants for a medical marijuana business license,
research facility license or education facility license authorized
by the Oklahoma Medical Marijuana and Patient Protection Act, or for
a renewal of such license, shall undergo an Oklahoma criminal
history background check conducted by the Oklahoma State Bureau of
Investigation (OSBI) within thirty (30) days prior to the
application for the license, including:
ENR. S. B. NO. 437 Page 45
a. individual applicants applying on their own behalf,
b. individuals applying on behalf of a n 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 Act;
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 for purposes
of a medical marijuana business license application, all applicants
shall provide proof of Oklahoma residency for at least two (2) years
immediately preceding the date of application or five (5) years of
continuous Oklahoma 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 driver license,
b. an Oklahoma 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 the State
of Oklahoma, and
e. a rental agreement preceding the date of application
for residential property located in the State of
Oklahoma.
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;
12. All license applicants shall be required to submit a
registration with the Oklahoma State Bureau of Narcotics and
ENR. S. B. NO. 437 Page 46
Dangerous Drugs Control as provided in Sections 2-302 through 2-304
of this title;
13. All applicants shall establish their identity through
submission of a color copy or digital image of one of the following
unexpired documents:
a. front of an Oklahoma driver license,
b. front of an Oklahoma identification card,
c. a United States passport or other photo identification
issued by the United States government, or
d. a tribal identification card approved for
identification purposes by the Oklahoma Department of
Public Safety; and
14. All applicants shall submit an applicant photograph.
F. G. The Authority shall review the temporary medical
marijuana business license application; approve, reject or deny the
application; and mail the approval, rejection, denial or status-
update letter to the applicant within ninety (90) business days of
receipt of the application.
G. H. 1. The Authority shall review the temporary medical
marijuana business license applications and conduct all
investigations, inspections and interviews before approving the
application for an annual medical marijuana business license for the
specific category applied under. The annual medical marijuana
business license shall no t be issued until the Authority determines
that all necessary inspections and reviews, including, but not
limited to, plan reviews, safety inspections, or compliance
inspections, have been completed.
2. Approved applicants shall be issued a an annual medical
marijuana 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.
Applications for an annual medical marijuana business license may
only be rejected or denied based on the applicant not meeting the
ENR. S. B. NO. 437 Page 47
standards set forth in the provisions of subsection D of this
section for a temporary medical marijuana business license, 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, or for a reason provided for in the
Oklahoma Medical Marijuana and Patient Protection Act and Sections
420 through 426.1 of this title. If an application for an annual
medical marijuana business license is rejected for failure to
provide required information, the applicant shall have thirty (30)
days be granted an extension of time as provided for in paragraph 4
of subsection D of this section to submit the required information
for reconsideration. No additional application fee and shall be
charged for such reconsideration assessed a nonrefundable fee of One
Thousand Dollars ($1,000.00) for every ninety-day extension
requested by the applicant and subsequently granted by the
Authority. 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.
5. Medical marijuana businesses issued a medical marijuana
business license prior to the effective date of this a ct shall be
required to submit business -formation documents, financial
information, and insurance information pertaining to the operations
of the medical marijuana business, as prescribed in subparagraphs a,
b, c, d, e, f, and i of paragraph 6 of subsectio n D of this section,
to the Authority prior to renewal of the medical marijuana business
license. The medical marijuana business licensee sh all submit the
required documentation not less than sixty (60) days prior to the
date of renewal of the medical mar ijuana business license. The
Authority shall have thirty (30) days to review the submitted
documentation and an additional thirty (30) days immediately
thereafter for the purposes of resolving any inconsistencies,
ENR. S. B. NO. 437 Page 48
discrepancies, or disputed issues found withi n the submitted
documentation. If the medical marijuana business licensee fails to
submit the required documentation sixty (60) days prior to the date
of renewal, the license of the medical marijuana business shall be
suspended until such time as the docu mentation is submitted to the
Authority.
6. Medical marijuana businesses that have been issued a
temporary and annual medical marijuana business license pursuant to
the provisions of subsection D of this section shall be required to
annually submit update d business-formation documents, financi al
information, and insurance information pertaining to the operations
of the medical marijuana business, as prescribed in subparagraphs a,
b, c, d, e, f, and i of paragraph 6 of subsection D of this section,
to the Authority when seeking renewal of the me dical marijuana
business license.
H. I. A license for a medical marijuana business, medical
marijuana research facility, medical marijuana education facility or
medical marijuana waste disposal 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 felony;
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;
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 due related to a
medical marijuana business, or
ENR. S. B. NO. 437 Page 49
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 municipality;
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 research 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,
g. criminal acts relating to the operation of a medical
marijuana business, or
h. any violations that endanger public health and safety
or product safety.
ENR. S. B. NO. 437 Page 50
I. J. 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 imposed by such an agency.
J. K. 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. L. 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 ap plicant
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. M. 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. N. All medical marijuana business, medical marijuana
research facility, medical marijuana education facility and medical
marijuana waste disposal facility licensees shall pay the relevant
licensure fees prior to receiving licensure to operate.
N. O. A medical marijuana business, medical marijuana research
facility, medical marijuana education facility or medical marijuana
waste disposal facility that attempts to renew its license after the
expiration date of the license shall pay a late renewal fee in an
amount to be determined by the Authority to reinstate the license.
Late renewal fees are nonrefundable. A license that has been
expired for more than ninety (90) days shall not be renewed.
O. P. No medical marijuana business, medical marijuana research
facility, medical marijuana education fa cility or medical marijuana
ENR. S. B. NO. 437 Page 51
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 commer cial grower license
shall be issued for any one property.
Q. Any medical marijuana business license holder pursuant to
this section shall provide the Auth ority insurance verifications for
all individuals licensed to transport medical marijuana or medical
marijuana product. The Authority may determine the contents
required from the insurance verification, which may include, but not
be limited to, type of coverage, amount of coverage, or vehicles
insured under coverage.
SECTION 10. AMENDATORY Section 3, Chapter 328, O.S.L.
2022 (63 O.S. Supp. 2022, Section 427.14b), i s amended to read as
follows:
Section 427.14b. A. 1. Beginning January 1, 2024, the
Oklahoma Medical Marijuana Authority shall requ ire employees of a
medical marijuana business licensee to apply for and receive a
credential authorizing the employee to w ork in a licensed medical
marijuana business.
2. Beginning January 1, 2025, to be eligible for such
credential, employees of medical marijuana dispensaries shal l comply
with the education an d continuing education require ments described
in subsection G of this section and shall meet all other
requirements established by law or rule for employees of a medical
marijuana business licensee.
B. The Authority may contr act with one or more third -party
vendors to provide the cred entialing services necessary to car ry out
the provisions of this section.
C. The Authority shall determine the services to be provided by
such third-party vendor and shall establish costs and pri ces. If
contracted for creden tialing services, a third -party vendor shall on
behalf of the Authority conduct the background checks and verify
eligibility and suitability for any employees of a medical marijuana
business license holder to obtain a credenti al.
ENR. S. B. NO. 437 Page 52
D. Upon successful comple tion by the third-party vendor of the
statutorily required backgr ound checks and verification of
eligibility and suitability for an employee, the third -party vendor
shall issue a credential to the em ployee. The results of bac kground
checks and verificatio ns shall be provided to the Au thority by the
third-party vendor.
E. If the third-party vendor determines that an employee of a
medical marijuana business holder does not meet the minimum
statutory requirements for a credentia l, the applicant or employee
shall have no recourse against the third-party vendor but may appe al
such adverse determination to the Authority.
F. The third-party vendor shall not be civilly liable to an
applicant, licensee, or e mployee of a licensee for a ny acts taken in
good-faith compliance with the provisions o f Section 420 et seq. of
Title 63 of the Oklahoma Statutes this title and the Oklahoma
Medical Marijuana and Patient Protection Act and the rules
promulgated by the Okla homa Medical Marijuana Auth ority.
G. The Executive Direc tor of the Authority may promu lgate rules
to implement the provis ions of this section. Such rules shall
include, but not be limited to, education and continuing education
requirements for employees of medical marijuana dispen saries.
SECTION 11. NEW LAW A new sec tion of law to be codified
in the Oklahoma Statutes as Section 427.14c of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. After the effective date of this act, no medical marijuana
business license ownership shall be tra nsferred without written
approval of an application to transfer ownership by the Oklahoma
Medical Marijuana Authority.
B. For purposes of this act, the “application to transfer”
shall include all information disclosing the ow nership and other
documentary requirements required of a new busi ness license
application to be submitted on behalf of the new owners of the
license including, but not limited to, a detailed inventor y of all
seeds, plant tissue, clones, plants, usable mari juana or trim,
leaves and other plant matter, batches of extract, and marijuana
ENR. S. B. NO. 437 Page 53
concentrates that are to be transferred. Any attempt to transfer
the medical marijuana business license, the ownership of the
business license, or substantially all of the lis ted medical
marijuana, medical marijuana concentrate, or medical marijuana
products of a medical marijuana business outside of the normal
course of business without approval from the Authority shall be
grounds for revocation o r nonrenewal of the license an d denial,
revocation, or nonre newal of current or future licenses or license
applications with ownership held by any such person involved in the
unlawful ownership transfer.
C. The nonrefundable app lication fee for the applic ation to
transfer shall be Fiv e Hundred Dollars ($500.00).
D. The Authority shall promulgate r ules regarding the approval
and denial of transfers of licenses. Transfers shall not be allowed
for any licensee who is under investi gation by the Authority or any
other law enforcement agen cy. No business license shall be
transferred more than once in a calendar year.
SECTION 12. AMENDATORY 63 O.S. 2021, Section 427.16, as
last amended by Section 7 of Enrolled House Bill No. 2095 of the 1st
Session of the 59th Oklah oma Legislature (63 O.S. Supp. 2022,
Section 427.16), is amended to read as follows:
Section 427.16. A. There is hereby created a medical marijuana
transporter license as a category of the medical marijuana business
license.
B. Pursuant to Section 424 of this title, the Oklahoma Medical
Marijuana Authority shall issue a temporary and an annual medical
marijuana transporter license to licensed medical marijuana
commercial growers, licensed medical marijuana processors, and
licensed medical marijuana dispensaries upon issuance of such
licenses and upon each renewal. Medical marijuana transporter
licenses shall also be issued to licensed m edical marijuana research
facilities, licensed medical marijuana education facilities and
licensed medical marijuana testing laboratories upon issuance of
such licenses and upon each renewal.
C. A temporary or annual medical marijuana transporter license
may also be issued to qualifying appli cants who are registered with
ENR. S. B. NO. 437 Page 54
the Secretary of State and otherwise meet the requirements for a
medical marijuana business license set forth in Section 427.14 of
this title, the Oklahoma Medical Marijuana and Pat ient Protection
Act, and the requirements set forth in this section to provide
logistics, distribution and storage of medical marijuana, medical
marijuana concentrate and medical marijuana products.
D. A medical marijuana transporter license shall be valid for
one (1) year and shall not be transferred with a change of
ownership. A licensed medical marijuana transporter shall be
responsible for all medical marijuana, medical marijuana concentrate
and medical marijuana products once the transporter takes con trol of
the product.
E. A transporter license shall be required for any person or
entity to transport or transfer medical marijuana, medical marijuana
concentrate or medical marijuana products from a licensed medical
marijuana business to another medical marijuana business, or from a
medical marijuana business to a medical marijuana research facility
or medical marijuana education facility.
F. A medical marijuana transporter licensee may contract with
multiple licensed medical marijuana businesses.
G. A medical marijuana transporter may maintain a licensed
premises to temporarily store medical marijuana, medical marijuana
concentrate and medical marijuana products and to use as a
centralized distribution point. A medical marijuana transporter may
store and distribute medical marijuana, medical marijuana
concentrate and medical marijuana products from the licensed
premises. The licensed premises shall meet all security
requirements applicable to a medical marijuana business.
H. A medical marijuana transp orter licensee shall use the seed-
to-sale tracking system developed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act to create shipping manifests
documenting the transport of medical marijuana, medical marijuana
concentrate and medical marijuana products throughout the state.
I. A licensed medical marijuana transporter may maintain and
operate one or more warehouses in the state to handle medical
marijuana, medical marijuana concentrate and medical marijuana
ENR. S. B. NO. 437 Page 55
products. Each location sh all be registered and inspected by the
Authority prior to its use.
J. With the exception of a lawful transfer between medical
marijuana businesses who are licensed to operate at the same
physical address, all medical marijuana, medical marijuana
concentrate and medical marijuana products shall be transported:
1. In vehicles equipped with Global Positioning System (GPS)
trackers;
2. In a locked container and clearly labeled “Medical Marijuana
or Derivative”; and
3. In a secured area of the vehicle that i s not accessible by
the driver during transit.
K. A transporter agent may possess marijuana at any location
while the transporter agent is transferring marijuana to or from a
licensed medical marijuana business, licensed medical marijuana
research facility or licensed medical marijuana education facility.
The Authority shall administer the provisions of this section and
the Authority, the Oklahoma State Bu reau of Narcotics and Dangerous
Drugs Control, the Oklahoma State Bur eau of Investigation, and the
Attorney General shall have the authority to enforce the provisions
of this section concerning transportation.
L. The Authority shall issue a transporter agent license to
individual agents, employees, officers or owners of a transporter
license in order for the individual to qualify to transport medical
marijuana, medical marijuana concentrate or medical marijuana
products.
M. The annual fee for a transporter agent license shall be
Twenty-five Dollars ($25.00) and shall be paid by the transporter
license holder or the individual applicant. Transporter license
reprints shall be Twenty Dollars ($20.00).
N. The Authority shall issue each transporter agent a registry
identification card within thirty (30) days of receipt of:
1. The name, address and date of birth of the person;
ENR. S. B. NO. 437 Page 56
2. Proof of current state residency;
3. Proof of identity as required for a medical marijuana
business license;
4. Possession of a valid state-issued driver license;
5. Verification of employment with a licensed transporter;
6. The application and affiliated fee; and
7. A copy of the criminal background check conducted by the
Oklahoma State Bureau of Investigation, paid for by the applicant.
O. If the transporter agent application is denied, the
Authority shall notify the transporter in writing of the reason for
denying the registry identification card.
P. A registry identification card for a transporter shall
expire one (1) year after the date of issuance or upon notification
from the holder of the transporter l icense that the transporter
agent ceases to work as a transporter.
Q. The Authority may revoke the registry identification card of
a transporter agent who knowingly violates any provision of this
section, and the transporter is subject to any o ther penalties
established by law for the violation.
R. The Authority may revoke or suspend the transporter license
of a transporter that the Authority determines knowingly aided or
facilitated a violation of any provision of this section, and the
license holder is subject to any other penalties established in law
for the violation.
S. Vehicles used in the transport of Any vehicle used in the
duties of a licensed medical marijuana business transporting medical
marijuana or medical marijuana product shall be:
1. Insured at or above the legal requirements in this state in
accordance with subsection Q of Section 427.14 of this ti tle;
ENR. S. B. NO. 437 Page 57
2. Capable of securing medical marijuana during transport; and
3. In possession of a shipping container as defined in Section
427.2 of this title capable of securing all transported products.
T. Prior to the transport of any medical marijuan a, medical
marijuana concentrate or medical marijuana products, an inventory
manifest shall be prepared at the origination point of the medical
marijuana. The inventory manifest shall include the following
information:
1. For the origination point of the medical marijuana:
a. the licensee number for the commercial grower,
processor or dispensary,
b. address of origination of transport, and
c. name and contact information for the originating
licensee;
2. For the end recipient license holder of the medical
marijuana:
a. the license number for the dispensary, commercial
grower, processor, research facility or education
facility destination,
b. address of the destination, and
c. name and contact information for the destination
licensee;
3. Quantities by weig ht or unit of each type of medical
marijuana product contained in transport;
4. The date of the transport and the approximate time of
departure;
5. The arrival date and estimated time of arrival;
ENR. S. B. NO. 437 Page 58
6. Printed names and signatures of the personnel accompan ying
the transport; and
7. Notation of the transporting licensee.
U. 1. A separate inventory manifest shall be prepared for each
licensee receiving the medical marijuana.
2. The transporter agent shall provide the other medical
marijuana business with a copy of the inventory manifest at the time
the product changes hands and after the other licensee prints his or
her name and signs the inventory manifest.
3. A receiving licensee shall refuse to accept any medical
marijuana, medical marijuana concentrat e or medical marijuana
products that are not accompanied by an inventory manifest.
4. Originating and receiving licensees shall maintain copies of
inventory manifests and logs of quantities of medical marijuana
received for seven (7) years from date of re ceipt.
V. Upon written approval by t he Authority, a medical marijuana
business license hold er may be exempt from the provisions of this
section for the purpose of transporting medical marijuan a waste
between licensed facilities; provided, the facilities are lice nsed
under the same license ho lder. The Authority may, at any time,
revoke this provision if the medical marijuana business license
holder violates any provisions of Section 420 et seq. of this title.
SECTION 13. NEW LAW A new secti on of law to be codified
in the Oklahoma Statutes as Section 427.18a of Title 63, unl ess
there is created a duplication in numbering, reads as follows:
A. The Executive Director of the Oklahoma Medical Marijuana
Authority shall promulgate rules to limit t he tetrahydrocannabinol
(THC) serving size of edible medical marijuana products sold in
medical marijuana dispensaries. The serving sizes imposed by such
rules shall be at the discretio n of the Executive Director;
provided, that the limits do not exceed One thousand milligrams
(1,000 mg) delta-9 tetrahydrocannabinol per package for edible
medical marijuana products.
ENR. S. B. NO. 437 Page 59
B. A licensed medical marijuana dispensary shall not sell any
edible medical marijuana product that exceeds the THC per package
limits imposed in this section.
C. For medical marijuana patients under eighteen (18) years of
age, the Executive Director may impose further limits on THC per
serving in edible medical mariju ana products. No dispensaries shall
be allowed to sell any medical ma rijuana product for the use of
vaping to any medical marijuana patient under eighteen (18) years of
age.
D. The Executive Director shall establish rules that require
dispensaries to provide educational efforts to patients regarding
potency, dosing, and pharmacological impacts per taining to usage and
consumption of medical marijuana and medical marijuana products.
E. The Executive Director shall promulgate the rules for the
use and limits of any other tetrahydrocannabinol isomer or analogue
that occurs naturally in cannabis for edible medical marijuana
products not defined herein or in Section 427.2 of Title 63 of the
Oklahoma Statutes.
SECTION 14. AMENDATORY 63 O.S. 2021, Section 427.21, as
amended by Section 2, Chapter 329, O .S.L. 2022 (63 O.S. Supp. 2022 ,
Section 427.21), is amended to read as follows:
Section 427.21. A. A me dical marijuana business shall not
engage in advertising that is deceptive, false or misleading.
B. Medical marijuana advertising shall not contain an y
statement or illustration th at:
1. Promotes overconsumption;
2. Represents that the use of marijuana has curative or
therapeutic effects; or
3. Depicts a child or other person under legal age to consume
consuming marijuana, or includes:
a. objects such as toys or cartoon or other characters,
which suggest the presence of a child, or a ny other
ENR. S. B. NO. 437 Page 60
depiction designed in any manner to be especially
appealing to children or other persons und er legal age
to consume marijuana, or
b. any manner or design that would be especially
appealing to children or other persons under eighteen
(18) years of age.
C. Upon the effective date of this act Beginning on November 1,
2022, all medical marijuana com mercial grower licensees shall be
required to post signage at the s ite of the commercial grow
operation. Signage shall be located at the perimeter of the
property with dimens ions measuring no less than eighteen (18) inches
by twenty-four (24) inches with a font size of no less than two (2)
inches. Information required t o be displayed on the sign shall be
in black standardized font on a white background. T he Oklahoma
Medical Marijuana Authority shall promulgate rules as necessary
regarding the size, place ment, issuance and specifications of the
required signage. The fol lowing information shall be inclu ded on
the required signage:
1. Business name;
2. Physical address of the licensed business;
3. Phone number of the licensed business; and
4. Medical marijuana business license number.
The required signage shall also co mply with county regulations
and local ordinances related to the real property where the
commercial grow operation is located. Failure to erect the proper
signage within sixty (60) days af ter the renewal of each application
for a medical marijuana commerc ial grower license in accordance with
the provisions of this subsection shall result in the immediate
revocation of the medical marijuana commercial grower license. Upon
issuance of a temporary license, all medical marijuana commercial
grower licensees shall be required to comply with th e provisions of
this subsection prior to the prelicensu re inspection conduc ted by
the Authority.
ENR. S. B. NO. 437 Page 61
D. It shall be unlawful to host or advertise medical marij uana-
related events encouraging public consumpt ion or use of medical
marijuana by non-licensed participants.
E. The Authority shall promulgate r ules to:
1. Issue or deny permits fo r events for medical marijuana-
related events located off-site of any medical m arijuana licensed
business and not host ed by the Authority, which shall include , but
not be limited to, age restrictions for those attending;
2. Issue or deny permits for dispe nsaries hosting onsite events
related to the education of patients. Onsite con sumption of
products shall not be permi tted; and
3. Allow licensed medical marijuana businesse s to sell products
at permitted events to licensed busin esses or licensed patients . A
licensed dispensary shall not require a permit for onsit e events at
the licensed location if sa mples are not being dispensed.
SECTION 15. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 431.1 of T itle 63, unless there
is created a duplication in numbering, reads as follows:
A. Upon the effectiv e date of this act, all medical marijuana
flower, trim, shake, kief, medic al marijuana product, or other
flower-based product not defined as a concentrate, shall be sold by
licensed medical marijuana processors and li censed medical marijuana
commercial growers to licensed medical marijuana dispensaries only
in pre-packaged form in package sizes weighing not less than one-
half (1/2) of one (1) gram to not more than three (3) ounces.
B. Nonopaque materials may be used w hen packaging medical
marijuana flower provided all other packaging and labeling
requirements for medical marijua na products sold in this state are
met and it is placed in an opaque container bef ore leaving a
licensed medical marijuana dispensary.
C. The display and smelling of medical marijua na shall be
allowed pursuant to Section 421 of Title 63 of the Oklahoma
Statutes.
ENR. S. B. NO. 437 Page 62
D. The Oklahoma Medical Marijuana Authority shall promulgate
rules necessary to allow for pre-packaged products to be returned to
the licensed medical marijuana dispensary w hen found defective or
hazardous to the health of the patient. The Author ity shall further
promulgate rules necessary to allow for the return of medical
marijuana products from a licensed medical marijuana dispensary to a
licensed medical marijuana proces sor or licensed medical marijuana
commercial grower, from a licensed medic al marijuana processor to a
licensed medical marijuana commercial grower, or from any other
licensed entity that transferred medical marijuana products to
another licensed entity.
SECTION 16. AMENDATORY Section 2 of Enrolled Senate Bill
No. 913 of the 1st Session of the 59th Oklahoma Legislature , is
amended to read as follows:
Section 427.26. A. It shall be unlawful for any holder of a
medical marijuana business license pursuant to Section 427.14 of
Title 63 of the Oklahoma Statutes this title to engage in any
commercial growing operations in this state without a cquiring a
bond. The bond shall cover t hat area of land within the permit area
upon which the business licensee will initiate and conduct
commercial growing operations.
B. Every applicant for a commercial grower license or
commercial grower licensee shal l file with the Oklahoma Medical
Marijuana Authority a bond satisfactory to the Authority and in the
amount no less than Fifty Thousand Dollars ($50,000.00) for each
license sought or held, with a surety company qualified to do
business in this state as a surety. The bond shall be furnished to
the state for the use of the state pursuant to the provisions of
this act. The bond shall be conditional that the obligor will
comply with the provisions of this act including, but not limited
to, building codes, ad ministrative rules, and other relevant l aws,
and all rules and regulations made pursuant to this act and will pay
all amounts of money that may be due to the state during the tim e
such bond is in effect.
C. The Authority or the Department of Environmental Quality may
require a higher amount dep ending upon the reclamation requirements
of the approved application. The amount shall reflect the probable
difficulty of reclamation wi th consideration for such factors
ENR. S. B. NO. 437 Page 63
including, but not limited to, topography, hy drology, and
revegetation potential. The amount of the bond for a commercial
growing operation shall be sufficient to assure the completion of
the reclamation plan if the work has to be performed by the
Authority or the Department of Environmental Quality in the event of
revocation of license.
D. An appropriate agency may recall the bond if the property
has been abandoned, the Authority revokes the commercial growing
operation’s license, or in response to receiving notice of a
violation of any law, regula tion, policy, or ordinance necessitating
remedial action. The bond shall be used to defray the cost of
restoration of the property including, but not limited to, removing
equipment, destruction of waste, remediation of environmental
hazards, prohibiting p ublic access, addressing improperly code d
buildings, or determination of the final disposition of any seized
property.
E. A holder of a medical marijuana business license pur suant to
Section 427.14 of Title 63 of the Oklahoma Statutes this title
engaging in a commercial growing operation may op erate without
obtaining a bond upon verification by the Authority that the
permitted land on which the licensee operates the commercial growing
operation has been owned by the licensee for at least a five -year
period prior to submission of application.
F. The Authority shall promulgate the rules necessary to allow
for a medical marijuana business licensee to engage in a commercial
growing operation to fulfill the provisions of this section.
SECTION 17. Sections 1, 2, 3, 9, and 16 of this act shall
become effective June 1, 2023.
SECTION 18. Sections 4, 5, 6, 7, 8, 10, 11, 12, 14, and 15 of
this act shall become effective November 1, 2023.
SECTION 19. Section 13 of this act shall become effective
January 1, 2025.
SECTION 20. It being immediately necessary for the preservation
of the public peace, h ealth or safety, an emerge ncy is hereby
ENR. S. B. NO. 437 Page 64
declared to exist, by reason whereof this act shall take effect a nd
be in full force from and after its passage and approval .
ENR. S. B. NO. 437 Page 65
Passed the Senate the 25th day of May, 2023.
Presiding Officer of the Senate
Passed the House of Representat ives the 26th day of May, 2023.
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 SECRETA RY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __