Oklahoma 2025 2025 Regular Session

Oklahoma House Bill HB2807 Amended / Bill

Filed 03/03/2025

                     
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
COMMITTEE SUBSTITUTE 
FOR 
HOUSE BILL NO. 2807 	By: Marti of the House 
 
   and 
 
  Coleman of the Senate 
 
 
 
 
 
COMMITTEE SUBSTITUTE 
 
An Act relating to med ical marijuana; amending 63 
O.S. 2021, Section 427.16, as last amended by Section 
140, Chapter 452, O.S.L. 2024 (63 O.S. Supp. 2024, 
Section 427.16), which relates to the Oklahoma 
Medical Marijuana and Patient Protection Act; 
providing for the issuance of licenses for premises  
under certain circumstances; directing medical 
marijuana transporter licensees to create inventory 
manifests that document certain information; allowing 
medical marijuana transporter l icensees to maintain 
and operate warehouses under certain conditions; 
providing for the issuance of annual permits for each 
warehouse location; establishing terms for the 
issuance of permits; allowing for the denial of 
permits; requiring approval of warehouse locations by 
the Oklahoma Medical Marijuana A uthority; providing 
for the temporary storage of medical marijuana, 
medical marijuana concentrates, and medical marijuana 
products under certain circumstances; requiring the 
addition of certain information o n inventory 
manifests; directing licensees of med ical marijuana 
transporter warehouses to maintain copies of 
inventory manifests and logs; amending Sections 1 and 
2, Chapter 381, O.S.L. 2024 (63 O.S. Supp. 2024, 
Sections 427.27 and 427.28), which relates to the 
Oklahoma Medical Marijuana and Patient Prot ection 
Act; modifying scope of certain definitions; amending   
 
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Section 1, Chapter 95, O.S.L. 2024 (63 O.S. Supp. 
2024, Section 431.1), which relates to pre -packaged 
medical marijuana products; providing an exc lusion 
for drinks; providing an effective date; a nd 
declaring an emergency. 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     63 O.S. 2021, Section 427.16, as 
last amended by Section 140, Chapter 452, O.S.L. 2024 (63 O.S. Supp. 
2024, 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 medical marijuana transporter 
license to licensed medical marijuana commercial growers, processors 
and dispensaries upon issuance of such licenses and upon each 
renewal.  Medical marijuana transporter licenses shall also be 
issued to licensed medical marijuana research facilities, medical 
marijuana education facilities and medical marijuana testing 
laboratories upon issuance of such licenses and upon each renewal. 
C.  A medical marijuana tr ansporter license may also be issued 
to qualifying applicants who are registered with the Secretary of 
State and otherwise meet the requirements for a medical marijuana 
business license set forth in the Oklahoma Medical Marijuana and 
Patient Protection Act and the requirements set forth in this 
section to provide logistics, distribution and storage of medical   
 
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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 control 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 medica l 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 medic al 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.  The   
 
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Authority shall issue licenses upon proper application by a licensee 
and determination by the Authority that the proposed site and 
facility are physically and technically suitable. 
H.  A medical marijuana transporter licensee shall use the seed -
to-sale tracking system developed pursuant to the Oklah oma Medical 
Marijuana and Patient Protection Act to create shipping inventory 
manifests documenting the transport or temporary storage 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 
products, provided the licensed medical marijuana transporter 
possesses a valid, une xpired medical marijuana transporter license 
and has applied for and received a permit for each warehouse 
location.  The Authority shall issue an annual permit for each 
warehouse location operated by a licensee that is tied to the annual 
medical marijuana transporter license term, and there shall be no 
limit to the number of permits issued under a medical marijuana 
transporter license.  A permit shall be issued only upon proper 
application by a licensee and determination by the Authority that 
the proposed site and facility are physically and technically 
suitable.  Upon a finding that a proposed warehouse location is not 
physically or technically suitable, the Authority shall deny the   
 
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permit.  Each warehouse location shall be registered approved and 
inspected by the Authority prior to its use.  Medical marijuana 
transporter warehouses that are licensed and approved by the 
Authority may temporarily store medical marijuana, medical marijuana 
concentrates, and medical marijuana products, provided that all 
temporary storage is documented, tracked, and traceable in the 
state-mandated seed-to-sale tracking system. 
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 is not accessibl e 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 m edical marijuana education facility.  
The Authority shall administer the provisions of this section and 
the Authority, the Oklahoma State Bureau of Narcotics and Dangerous 
Drugs Control, the Oklahoma State B ureau of Investigation, and the   
 
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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 agent 
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 t he person; 
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 employm ent 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.   
 
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O.  If the transporter agent application is denied, the 
Authority shall notify the transporter in wr iting 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 license 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 other 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 penalt ies established in law 
for the violation. 
S.  Vehicles used in the transport of medical marijuana or 
medical marijuana product shall be: 
1.  Insured at or above the legal requirements in this state; 
2.  Capable of securing medical marijuana during transpor t; 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 marijuana, medical 
marijuana concentrate or medical marijuana products, an in ventory   
 
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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 temporary storage at a medical marijuana transporter 
licensed premises or warehouse location that is licensed and 
approved by the Authority: 
a. the license number for the commercial medical 
marijuana grower, medical marijuana processor, or 
medical marijuana dispensary, 
b. the address of origination of transport, 
c. the name and contact information for the originating 
licensee, and 
d. the license number, physical address, and name and 
contact information of the medical marijuana 
transporter licensed premises or warehouse location 
and notation that the medical marijuana, med ical 
marijuana concentrates, and medical marijuan a products 
are being temporarily stored;   
 
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3. 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 desti nation, and 
c. name and contact information for the destination 
licensee; 
3. 4. Quantities by weight or unit of each type of medical 
marijuana product contained in transport; 
4. 5. The date of the transpor t and the approximate time of 
departure; 
5. 6. The arrival date and estimated time of arrival; 
6. 7. Printed names and signatures of the personnel 
accompanying the transport; and 
7. 8. 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 licen see prints his or 
her name and signs the inventor y manifest.   
 
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3.  A receiving licensee shall refuse to accept any medical 
marijuana, medical marijuana concentrate or medical marijuana 
products that are not accompanied by an inventory manifest. 
4.  Originating and receiving licensees , including medical 
marijuana transporter warehouses temporarily storing medical 
marijuana, medical marijuana concentrates, and medical marijuana 
products, shall maintain copies of inventory manifests and logs of 
quantities of medical marijuana received for seven (7) years from 
date of receipt. 
SECTION 2.     AMENDATORY     Section 1, Chapter 381, O.S.L. 
2024 (63 O.S. Supp. 2024, Section 427.27), is amended to read as 
follows: 
Section 427.27.  A.  The Oklahoma Medical Marijuana Authority 
shall require owners of medical marijuana facilities to submit their 
fingerprints to the Oklahoma State Bureau of Investigation (OSBI) 
for the purpose of conducting a state and federal fingerprint -based 
criminal background check. 
B.  The Authority may require that such fingerprin t submissions 
be made as part of a medical marijuana facility application, a 
medical marijuana facility renewal application, or an individual 
application for a license or permit authorizing that individual to 
be an owner of a medical marijuana facility. 
C. Fingerprint cards and any required fees shall be sent to the 
OSBI central repository.  The fingerprint records shall be used for   
 
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searching the state criminal records repository and shall also be 
forwarded to the Federal Bureau of Investigation for a fede ral 
criminal record search as provided in Section 150.9 of Title 74 of 
the Oklahoma Statutes.  The OSBI shall notify the Authority of any 
criminal history record information or lack of criminal history 
record information discovered on the submitting indivi dual.  
Notwithstanding the provisions of Section 150.9b of Title 74 of the 
Oklahoma Statutes, all records related to any criminal history 
information discovered shall be accessible and available to the 
Authority. 
D.  As used in this section: 
1.  “Medical marijuana facility” means an entity licensed or 
certified by the Authority to acquire, cultivate, process, 
manufacture, test, store, sell, transport, or deliver medical 
marijuana; and 
2.  “Owner” means a direct beneficial owner including , 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 a nd all limited partners that own 
an interest in a limited partnership, 
d. all members that own an interest in a limited 
liability company,   
 
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e. all beneficiaries that hold a beneficial interest in a 
trust and all trustees of a trust, 
f. all persons or entities that own interest in a joint 
venture, 
g. all persons or entities that own an interest in an 
association, 
h. the owners of any other type of legal entity, and 
i. any other person holding an interest or convertible 
note in any entity, which owns, operates , or manages a 
licensed medical marijuana facilit y. 
SECTION 3.     AMENDATORY     Section 2, Chapter 381, O.S.L. 
2024 (63 O.S. Supp. 2024, Section 427.28), is amended to read as 
follows: 
Section 427.28.  A.  The Oklahoma Medical Marijuana Authority 
shall require all employees of medical marijuana facilities to 
submit their fingerprints to the Oklahoma State Bureau of 
Investigation (OSBI) for the purpose of conducting a state and 
federal fingerprint-based criminal background check. 
B.  The Authority may require that such fingerprint submi ssions 
be made as part of an individual’s application for a license, 
permit, identification card, or credential authorizing that 
individual to be an employee of a medical marijuana facility. 
C.  Fingerprint cards and any required fees shall be sent to the 
OSBI central repository.  The fingerprint records shall be used for   
 
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searching the state criminal records repository and shall also be 
forwarded to the Federal Bureau of Investigation for a federal 
criminal record search as provided in Section 150.9 of Titl e 74 of 
the Oklahoma Statutes.  The OSBI shall notify the Authority of any 
criminal history record information or lack of criminal history 
record information discovered on the submitting individual.  
Notwithstanding the provisions of Section 150.9b of Titl e 74 of the 
Oklahoma Statutes, all records related to any criminal history 
information discovered shall be accessible and available to the 
Authority. 
D.  As used in this section: 
1.  “Employee” means any nat ural person who: 
a. grows, harvests, dries, cures , purchases, sells, 
transfers, transports, processes, produces, 
manufactures, creates, or packages medical marijuana, 
medical marijuana products, or medical marijuana waste 
on behalf of or for a licensed medical marijuana 
commercial grower, processor, or d ispensary, 
b. samples, trains, or educates on behalf of or for a 
licensed medical marijuana education or research 
facility, 
c. disposes of or transports medical marijuana, medical 
marijuana products, and med ical marijuana waste on   
 
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behalf of or for a licens ed medical marijuana waste 
disposal facility, 
d. tests and conducts research on medical marijuana and 
medical marijuana products on behalf of or for a 
medical marijuana licensed testing laboratory, 
e. transports, stores, distributes, but does not take 
ownership of, medical marijuana and medical marijuana 
products on behalf of or for a licensed medical 
marijuana commercial transporter, or 
f. tracks, traces, reports, and inputs any information 
into the state inventory tracking system on behalf of 
or for a licensed medical marijuana commercial license 
holder, or 
g. conducts any other additional business for the benefit 
of a medical marijuana commercial license holder as 
authorized by rules promulgated by the Executive 
Director of the Authority, with the excepti on of 
professional services not involved in the handling of 
medical marijuana, medical marijuana products, or 
medical marijuana concentrates ; and 
2.  “Medical marijuana facility” means an entity licensed or 
certified by the Authority to acquire, cultivate, process, 
manufacture, test, store, sell, transport, or deliver medical 
marijuana.   
 
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SECTION 4.     AMENDATORY     Section 1, Chapter 95, O.S.L. 2024 
(63 O.S. Supp. 2024, Section 431.1), is amended to read as follows: 
Section 431.1.  A.  Upon the effective date of this act, all 
medical marijuana flower, trim, shake, kief, medical marijuana 
product, excluding drinks, or other flower-based product not defined 
as a concentrate, shall be sold by lic ensed medical marijuana 
processors and licensed m edical 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.  The Oklahoma Medical Marijuana 
Authority shall be authorized to promulgate rules regarding the pre -
packaging of medical marijuana products as provided for in the 
provisions of this section. 
B.  Nonopaque materials may be used when packaging medical 
marijuana flower, provided all other packaging and labeling 
requirements for medical marijuana products sold in this state are 
met and it is placed in an opaque container before leaving a 
licensed medical marijuana dispensary. 
C.  The display and smelling of medical marijuana shall be 
allowed pursuant to Section 421 of Title 63 of the Oklahoma 
Statutes. 
D.  The Oklahoma Medical Marijuana Authority shall promulgate 
rules necessary to allow for products to be returned to the licensed 
medical marijuana dispensa ry when found defective or hazardous to   
 
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the health of the patient.  The Authority shall further promulgate 
rules necessary to allow for the return of all medical marijuana and 
medical marijuana products from a licensed medical marijuana 
dispensary to a licensed medical marijuana processor or licensed 
medical marijuana commercial grower, from a licensed medical 
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 5.  This act shall become effective June 1, 2025. 
SECTION 6.  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 effe ct and 
be in full force from and after its passage and approval. 
 
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES 
OVERSIGHT, dated 03/03/2025 - DO PASS, As Amended and Coauthored.