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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2057 By: Stinson
AS INTRODUCED
An Act relating to Trauma Care Assistance Revolving
Fund; amending 63 O.S. 2021, Section 426, as last
amended by Section 1, Chapter 34, 1st Extraordinary
Session, O.S.L. 2023 (63 O.S. Supp. 2024, Section
426), which relates to medical marijuana taxation,
apportionment, assess, collect, and enforce;
modifying apportionments to certain funds; adding an
apportionment to a new fund ; providing an effective
date; and declaring an emergency .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 426, as last
amended by Section 1, Chapter 34, 1st Extraordinary Session, O.S.L.
2023 (63 O.S. Supp. 2024, Section 426), is amended to read as
follows:
Section 426. A. The tax on retail medical marijuana sales
shall be established at seven percent (7%) of the gross amount
received by the seller.
B. This tax shall be collecte d at the point of sale. Except as
provided for in subsection D, tax proceeds shall be deposited into
the Medical Marijuana Tax Fund created in Section 3 of this act.
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C. Pursuant to Section 255.2 of Title 68 of the Oklahoma
Statutes, the Oklahoma Tax Comm ission shall have authority to
assess, collect and enforce the tax specified in subsection A of
this section including any interest and penalty thereon.
D. For fiscal the year 2022 beginning July 1, 2026, and all
subsequent years thereafter , proceeds from the levy authorized by
subsection A of this section shall be apportioned as f ollows:
1. The first Sixty-five Million Dollars ($65,000,000.00) shall
be apportioned as follows:
a. fifty-nine and twenty-three hundredths percent
(59.23%) to the State Public Common School Building
Equalization Fund,
b. thirty-four and sixty-two hundredths percent (34.62%)
to the Oklahoma Medical Marijuana Authority, a
division within the State Department of Health, and
c. six and fifteen hundredths percent (6.15%) five
percent (5%) to the State Department of Health and
earmarked for drug and alcohol reh abilitation, and
d. one and fifteen hundredths percent (1.15%) to the
Trauma Care Assistance Revolving Fund created in
Section 1-2530.9 of Title 63 of the Oklahoma Statutes ;
and
2. Any surplus collections shall be apportioned to the General
Revenue Fund of the State Treasury.
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E. If any medical marijuana business licensee intentionally
does not remit the taxes as required by the provisions of this
section or the provisions of Sec tion 1354 of Title 68 of the
Oklahoma Statutes, the Authority shall permanentl y revoke the
medical marijuana business license of the business licensee and the
business licensee shall be permanently ineligible to receive any
other type of medical marijuana business license issued by the
Authority, including licenses for a dispensary, commercial grower
operation, processing facility, transporter, research, education
facility, and waste disposal facility.
SECTION 2. This act shall become effec tive July 1, 2025.
SECTION 3. 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 a fter its passage and approval.
60-1-11724 TJ 12/17/24