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SENATE FLOOR VERSION
February 20, 2023
SENATE BILL NO. 635 By: Paxton
An Act relating to Oklahoma Industrial Hemp Program;
amending 2 O.S. 2021, Section 3 -402, as amended by
Section 1, Chapter 265, O.S.L. 2022 (2 O.S. Supp.
2022, Section 3-402), which relates to definition s;
defining term; requiring registration of hem p-derived
ingestible cannabinoid product with th e State Board
of Agriculture; establishing conditions for
registration by applicant to the Board; providing for
promulgation of rules by Board for registration;
establishing requirements for labeling and packaging
necessary to sell hemp-derived ingestible cannabinoid
products in the state; allowing for hemp-derived
cannabinoids to be added to products un der certain
conditions; prohibiting distribution of products if
misbranded or adulterated; allowing the Board to
issue and enforce stop sale, stop use, or r emoval or
products under certain conditions; providing for
codification; and providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 2 O.S. 2021, Section 3 -402, as
amended by Section 1, Chapter 265, O .S.L. 2022 (2 O.S. Supp. 2022,
Section 3-402), is amended to read as follows:
Section 3-402. As used in the Oklahoma Industrial Hemp Program:
1. “Department” means the Oklahoma Department of Agriculture,
Food, and Forestry;
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2. “Fiber” means the stalk of the industrial hemp plant and
does not include the flower or seeds of the plant;
3. “Flower” means the part of the industrial hemp plant that
contains the majority of the industrial hemp plant’s
tetrahydrocannabinol and other cann abinoids;
4. “Grain” means all of the parts of an industrial hem p plant
except the stalk or the flower of the industrial hemp plant;
5. “Handling” means possessing or storing industrial hemp for
any period of time on premises owned, operated or controlled by a
person licensed to cultivate o r process industrial hemp an d also
includes possessing or storing industrial hemp in a vehicle for any
period of time other than during its actual transport from the
premises of a licensed person to cultivate or process industrial
hemp to the premises of a nother licensed person;
6. “Hemp-derived ingestible cannabinoid product” means a
product that contains cannabinoids that are extracted from hemp or
resin from hemp by physical or chemical means and is intended for
administration to a consumer including, but not limited to,
concentrates, oils, tinctures, edibles, pills, topicals, gels,
creams, and other derivative forms. The term shall also mean
products available for animal or human consumption, which may be in
the form of inhalation into the respiratory system and ingestion in
the gastrointestinal system, or tissue absorption. The term shall
not include seeds or seed-derived ingredients that are generally
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recognized as safe by the United State s Food and Drug
Administration;
7. “Industrial hemp” means the plant Cannabis sativa L. and any
part of the plant, including the seeds thereof, and all derivatives,
extracts, cannabinoids, isomers, acids, salts and salts of isomers,
whether growing or not, with a delta -9 tetrahydrocannabinol
concentration of not mor e than three-tenths of one percent (0.3%) on
a dry-weight basis;
7. 8. “Licensee” means a person who holds a valid Industrial
Hemp License to grow industrial hemp under the Oklahoma Industrial
Hemp Program. A licensee shall have the ability to remediate
noncompliant industrial hemp with a delta-9 tetrahydrocannabinol
concentration of not more than one percent (1.0%) on a dry-weight
basis for retesting as set forth by the Department as long as the
noncompliant industrial hemp has a delta-9 tetrahydrocannabinol
concentration of not more than three-tenths of one percent (0.3%) on
a dry-weight basis after retesting, and the option to remediate the
industrial hemp through the reasonable destruction of the flower or
shredding of the entire lot into a homogeneous biomass results in
the remediation of any part of the industrial hemp plant that is
above three-tenths of one percent (0.3%) on a dry-weight basis. All
noncompliant hemp must be tracked and documented . The State Board
of Agriculture shall have jurisdiction over such remediation, which
includes, but is not limited to, destruction through composting,
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burning, or other regulated disposal methods if the industrial hemp
is not remediated into a final product bef ore processing below
three-tenths of one percent (0.3%) on a dry-weight basis;
8. 9. “License” means authorization by the Department for any
person to grow and cultivate industrial hemp on a registered land
area as part of the Oklahoma Industrial Hemp Pro gram; and
9. 10. “Processing” means converting industrial hemp into a
marketable form, including the production of all derivatives,
extracts, cannabinoids, isomers, acids, salts and salts of isomers.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-412 of Title 2, unless there
is created a duplication in numbering, re ads as follows:
A. Each hemp-derived ingestible cannabinoid product shall be
registered with the State Board of Agricultu re prior to distribution
in this state by the manufacturer. The application shall be
submitted to the State Department of Agriculture on a registration
form provided by the Board.
B. All registration shall expire on December 31 of the year for
which the hemp-derived ingestible cannabinoid product is reg istered.
C. The applicant shall submit with the application for
registration a copy of the label and a copy of all advertisements,
brochures, posters, and television and radio announcements to be
used in promoting the sale of the hemp-derived ingestible
cannabinoid product.
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D. If the Board discovers any hemp-derived ingestible
cannabinoid product that is not registered, the registration was
falsely submitted, or the regist ration was late, the Board may
assess an administrative penalty. The penalty shall be assessed per
offending product.
E. The State Board of Agriculture may promulgate rules
containing the requirements for regist ration, registration fees,
label requirements, and an y other rules necessary for the
implementation of this section.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-413 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. Each container of hemp -derived ingestible cannabinoid
product shall be labeled on the face or display side in a readable
and conspicuous form to show at a minimum the following information:
1. The new weight of the contents;
2. The name of the product;
3. The guaranteed analysis;
4. Milligrams per serving of c annabidiol (CBD),
tetrahydrocannabinol (THC), or any other marketed cannabinoid, if
applicable;
5. List of all ingredients;
6. A statement of the product’s purpose;
7. Lot or batch number;
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8. Expiration or best-by date;
9. Adequate directions for use;
10. A web address, QR code, or other scannable barcode
accessing the laboratory te sting reports;
11. Country or state of origin where hemp is sourced;
12. Servings per package;
13. Means for reporting adverse even ts; and
14. The name, address, and telephone number of the approved
applicant to produce the products.
B. Bulk lot labels shall be provided to the purchaser by
attaching a copy of t he label to the invoice that sh all be furnished
to the purchaser.
C. The applicant shall su bmit a current label and all
certificates of analysis for the hemp-derived ingestible cannabinoid
products with the application.
D. The State Board of Agricul ture may require proof of any
claims made by the re gistrant for any hemp-derived ingestible
cannabinoid product. If no claims are made, the Board may require
proof of usefulness and value of the hemp-derived ingestible
cannabinoid product.
E. A hemp-derived cannabinoid product shall not imitate any
packaging used for products typically marketed to children.
F. All packaging shall be chil d resistant.
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G. Packaging that contains more than one (1) serv ing shall be
resealable.
H. If the Board approved the guaranteed analysis and listing of
a hemp-derived ingestible cannabinoid product, the product shall be
subject to inspection and analysis.
I. The Board may prescribe methods and procedures of inspecti on
and analysis of hemp-derived ingestible cannabinoid produc ts. The
Board may stipulate, by rule, the quantities that are allowed in a
hemp-derived ingestible cannabinoid product.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-414 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. A hemp-derived cannabinoid may be added to an ingestible
product during the manufacturing process or prior to retail sale a t
a food service establishment.
B. The hemp-derived cannabinoid shall be obtain ed from a
licensed and approved source.
C. The food processor or food service establishment shall
obtain a valid certificate of analysis from the licensed and
approved source and provide a copy upon request or inspection.
SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-415 of Title 2, unless there
is created a duplication in numbering, reads as follows:
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A. No person shall distribute misbranded hem p-derived
ingestible cannabinoid product. A hemp-deprived ingestible
cannabinoid product shall be considered m isbranded if:
1. The labeling is false or misleading;
2. The product is distributed under the name of an other hemp-
derived ingestible cannabinoid product; or
3. The product is not lab eled in compliance with the rules of
the State Board of Agricultur e.
B. No person shall dis tribute an adulterate d hemp-derived
ingestible cannabinoid product. A hemp-derived ingestible
cannabinoid product shall be considered adulterated if:
1. The product contains any deleterious or harmful substance in
sufficient amounts to render the product injurious to beneficial
plant life, animals, humans, aquatic life, soil, or water when
applied in accordance with directions for use on the label;
2. Adequate warning statements or directions for use , which may
be necessary to protect plant life, animals, humans, aquatic lif e,
soil, or water, are not shown upon the label; or
3. The product’s composition falls below or differs from that
which the product is purported to possess by labeling.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-416 of Title 2, unless there
is created a duplication in numbering, reads as follows:
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A. The State Board of Agriculture may issue and enforce a st op
sale, stop use, or removal order to the owner or custo dian of any
lot of hemp-derived ingestible cannabinoid product. The owner or
custodian shall hold the lot of hemp-derived ingestible cannabinoid
product until the time when the prod uct or labeling complies with
this act.
B. It shall be a violation of thi s act for any person to:
1. Distribute a hemp-derived ingestible cannabinoid product
that is not registered with the State Board of Agric ulture;
2. Distribute a hemp-derived ingestible cannabinoid product
that is not labeled in accordance with the requirements of the
Board;
3. Distribute a hemp-derived ingestible cannabinoid product
that is misbranded;
4. Distribute a hemp-derived ingestible cannabino id product
that is adulterated;
5. Violate any provision of the requirements of the Board; or
6. Fail to comply with a stop sale, stop use, or removal order.
SECTION 7. This act shall become effective November 1, 2023.
COMMITTEE REPORT BY: COMMITTEE ON AGRICULTURE AND RURAL AFFAIRS
February 20, 2023 - DO PASS