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SENATE FLOOR VERSION
March 6, 2025
SENATE BILL NO. 1066 By: Grellner
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.10, as amended by Section 12,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2024, Section
427.10), which relates to physician recommendations;
updating statutory language; requiring creation and
maintenance of certain registry; providing certain
requirements for listing on registry ; requiring
promulgation of certain rules; and declaring an
emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.10, as
amended by Section 12, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2024,
Section 427.10), is amended to read as follows:
Section 427.10. A. Only licensed Oklahoma allopathic,
osteopathic and podiatric physicians may provide a medical marijuana
recommendation for a medical marijuana patient license under the
Oklahoma Medical Marijuana and Patient Protection Act.
B. A physician who has not completed his or her first residency
shall not meet the definition of “physician” under this section and
any recommendation for a medical marijuana patient license shall not
be processed by the Oklahoma Medical Marijuana Authority.
C. No physician shall be subject to arrest, prosecution or
penalty in any manner or denied any right or privilege under state,
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municipal or county statute, ordinance or resolution, including
without limitation a civil penalty or disciplinary action by the
State Board of Medical Licensure and Supervision, the State Board of
Osteopathic Examiners, the Board of Podiatric Medical Examiners or
by any other business, occupation or professional licensing board or
bureau, solely for providing a medical marijuana recommendation for
a patient or for monitoring, treating or prescribing scheduled
medication to patients who are medical marijuana licensees. The
provisions of this subsection shall not prevent the relevant
professional licensing boards from sanctioning a physici an for
failing to properly evaluate the medical condition of a patient or
for otherwise violating the applicable physician -patient standard of
care.
D. A physician who recommends use of medical marijuana shall
not be located at the same physical address as a licensed medica l
marijuana dispensary.
E. If the physician determines the continued use of medical
marijuana by the patient no longer meets the requirements set forth
in the Oklahoma Medical Marijuana and Patient Protection Act, the
physician shall notify the Oklahoma Medical Marijuana Authority and
the license shall be immediately voided without right to an
individual proceeding.
F. The Authority shall create and maintain a registry of
recommending physicians. Beginning January 1, 2026, to be eligible
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to provide a medical marijuana recommendation to a licensed patient,
a physician shall be registered with the Authority.
G. To be registered with the Authority, a physician shall
comply with the medical education and continuing medical education
requirements described in this section and shall meet all other
requirements established by law or rule for the recommending
physician’s respective licensure board. The medical education
related to medical marijuana shall be completed prior to the
physician being listed on the re gistry and shall be completed
annually to remain on the registry.
H. The Executive Director of the Oklahoma Medical Marijuana
Authority shall promulgate rules to establish initial medical
education and continuing medical education requi rements for
recommending physicians. The State Board of Medical Licensure and
Supervision, the State Board of Osteopathic Examiners, and the Board
of Podiatric Medical Examiners may consult with the Executive
Director of the Authority to develop or identify a list of approv ed
medical education courses for recommending physicians.
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.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
March 6, 2025 - DO PASS