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ENGROSSED HOUSE
BILL NO. 2807 By: Marti of the House
and
Coleman of the Senate
An Act relating to medical 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 docume nt certain information; allowing
medical marijuana transporter licensees 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 Authority; providing
for the temporary storage of medical marijuana,
medical marijuana concentrates, and medical marijuana
products under certai n circumstances; requiring the
addition of certain information on inventory
manifests; directing licensees of medical 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 Protection
Act; modifying scope of certain definitions; amending
Section 1, Chapter 95, O.S.L. 2024 (63 O.S. Supp.
2024, Section 431.1), which rela tes to pre-packaged
medical marijuana products; providing an exclusion
for drinks; providing an effective date; and
declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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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 medica l marijuana business
license.
B. Pursuant to Section 424 of this title, the Oklahoma Medical
Marijuana Authority shall issue a medical mar ijuana transporter
license to licensed medical marijuana commercial growers, processors
and dispensaries upon issuanc e 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 suc h licenses and upon each renewal.
C. A medical marijuana transporter license may also be issued
to qualifying applicants who are registere d 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
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
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ownership. A licensed medical mar ijuana transporter shall be
responsible for all medical marijuana, medical marijuana concentrate
and medical marijuan a 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 medic al
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. The
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.
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H. A medical marijuana transporter licensee shall use the seed-
to-sale tracking system developed pursuant to the Oklahoma 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, unexpired 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 lic ensee 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
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
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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 licens ed 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 clea rly labeled “Medical Marijuana
or Derivative”; and
3. In a secured area of the vehicle that is 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 Bureau of Narcotics and Dangerous
Drugs Control, the Oklahoma State Bureau of Investigation, and the
Attorney General shall have the authority to en force the provisions
of this section concerning transportation.
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L. The Authority shall issue a transporter agent lic ense 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. Transporte r agent
license reprints shall be Twenty Dollars ($20.00).
N. The Authority shall issue each transporter agent a reg istry
identification card within thirty (30) days of receipt of:
1. The name, address and date of birth of the person;
2. Proof of current state residency;
3. Proof of identity as required for a medical marijuana
business license;
4. Possession of a va lid 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 ap plicant.
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.
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P. A registry identification card for a transporter shall
expire one (1) year af ter the date of issuance or upon notification
from the holder of the transporter license that the transporter
agent ceases to work as a tra nsporter.
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 penalties 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 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 marijuana, medical
marijuana concentrate or medical marijuana products, an inventory
manifest shall be prep ared at the origination point of the medical
marijuana. The inventory manifest shall include the following
information:
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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 dispe nsary,
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 war ehouse location
and notation that the medical marijuana, medical
marijuana concentrates, and medical marijuana products
are being temporarily stored;
3. For the end recipient license holder of the medical
marijuana:
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a. the license number for the dispensar y, 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. 4. Quantities by weight or unit of each type of medical
marijuana product contained in transport;
4. 5. The date of the transport 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 licensee prints his or
her name and signs the inventory manifest.
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.
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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 amend ed 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 stat e and federal fingerprint -based
criminal background check.
B. The Authority may require that such fingerprint 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
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 Title 74 of
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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 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 en tity 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 and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
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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 inte rest or convertible
note in any entity, which owns, operates, or manages a
licensed medical marijuana facility.
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 submissions
be made as part of an i ndividual’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
searching the state criminal records repository and shall also be
forwarded to the Federal Bureau of Investigation for a federal
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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 individual.
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. “Employee” means any natural person who:
a. grows, harvests, dries, cures, purchases, sells,
transfers, transports, processes, produces,
manufactures, creates, or packages medical marijuana,
medical marijuana products, o r medical marijuana waste
on behalf of or for a licensed medical marijuana
commercial grower, processor, or dispensary,
b. samples, trains, or educates on behalf of or for a
licensed medical marijuana education or research
facility,
c. disposes of or trans ports medical marijuana, medical
marijuana products, and medical marijuana waste on
behalf of or for a licensed medical marijuana waste
disposal facility,
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d. tests and conducts research on medical marijuana and
medical marijuana products on behalf of or fo r 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 commer cial license
holder, or
g. conducts any other additional business for the benefit
of a medical marijuana commercial l icense holder as
authorized by rules promulgated by the Executive
Director of the Authority, with the exception 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, s tore, sell, transport, or deliver medical
marijuana.
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:
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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 licensed medical marijuana
processors and licensed medical marijuana commercial gr owers to
licensed medical marijuana dispensaries only in pre -packaged form in
package sizes weighing not less than on e-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 med ical 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 produc ts to be returned to the licensed
medical marijuana dispensary when found defective or hazardous to
the health of the patient. The Authori ty shall further promulgate
rules necessary to allow for the return of all medical marijuana and
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medical marijuana pr oducts 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 e ffective 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 effect and
be in full force from and after its passage and approval.
Passed the House of Representatives the 12th day of March, 2025.
Presiding Officer of the House
of Representatives
Passed the Senate the ___ day of __________, 2025.
Presiding Officer of the Senate