An Act
ENROLLED SENATE
BILL NO. 758 By: Paxton of the Senate
and
Lowe (Dick) of the House
An Act relating to medical marijuana; amending
Section 3, Chapter 328, O.S.L. 2022 (63 O.S. Supp.
2023, Section 427.14b), which relates to employee
credentials; authorizing the Oklahoma Medical
Marijuana Authority to review applications and
provide notice of approval or rejection to applicant;
requiring display of credential; specifying process
for rejected applications; allowing for resubmission;
providing for rejection of certain applications for
certain errors; updating statutory reference; and
declaring an emergency.
SUBJECT: Medical marijuana licenses
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Sect ion 3, Chapter 328, O.S.L.
2022 (63 O.S. Supp. 2023, Section 427.14b), is amended to read as
follows:
Section 427.14b. A. Beginning January 1, 2024, the Oklahoma
Medical Marijuana Authority shall require employees of a medical
marijuana business license e to apply for and receive a credential
authorizing the employee to work in a licensed medical marijuana
business.
B. The Authority may contract with one or more third -party
vendors to provide the credentialing services necessary to carry out
the provisions of this section.
ENR. S. B. NO. 758 Page 2
C. The Authority shall determine the services to be provided by
such third-party vendor and shall establish costs and prices. If
contracted for credentialing services, a third -party vendor shall on
behalf of the Authority conduct th e background checks and verify
eligibility and suitability for any employees of a medical marijuana
business license holder to obtain a credential.
D. Upon successful completion by the third -party vendor of the
statutorily required background checks national fingerprint-based
background check conducted by the Oklahoma State Bureau of
Investigation within thirty (30) days prior to the application and
verification of eligibility and suitability for an employee, the
third-party vendor shall issue a credentia l to the employee. The
results of background checks and verifications shall be provided to
the Authority 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 credential, the applicant or employee
shall have no recourse against the third -party vendor but may appeal
such adverse determination to the Authority.
F. The third-party vendor shall not be civilly liable to an
applicant, licensee, or employee of a licensee for any acts taken in
good-faith compliance with the provisions of 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 Oklahoma Medical Marijuana Authority.
G. 1. The Authority shall review the medical marijuana
credential application; approve, reject, or deny the application;
and send the approval, rejection, or denial letter to the applicant
by the same method in which the application was submitted to the
Authority.
2. Each approved applicant shall be issued a credential, which
shall act as proof of his or her approved status, to be worn or
displayed during the employee’s hours of work. Rejection and denial
letters shall provide a reason for the rejection or denial.
Applications may only be rejected or denied for failure to meet the
standards set forth in the provisions of the Oklahoma Medical
Marijuana and Patient Protection Act or rules promulgated by the
ENR. S. B. NO. 758 Page 3
Executive Director. If an application is rejected for failure to
provide required information, the applicant shall have thirty (30)
days to submit the required information for reconsideration. Unless
the Authority determines otherwise, an application th at has been
resubmitted but is still incomplete or contains errors that are not
clerical or typographical in nature shall be denied.
H. The Executive Director of the Authority may promulgate rules
to implement the provisions of this section.
SECTION 2. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 758 Page 4
Passed the Senate the 2 9th day of May, 2024.
Presiding Officer of the Senate
Passed the House of Representatives the 30th day of May, 2024.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _______ __
day of _________________ __, 20_______, at ____ ___ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of _________________ _, 20 _______, at _______ o'clock ____ ___ M.
By: _________________________________