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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
SENATE BILL 498 By: Boren
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 426.1, as last amended by Section
2, Chapter 447, O.S.L. 2024 (63 O.S . Supp. 2024,
Section 426.1), which relates to licensure revocation
hearings; requiring certain hearings to be conducted
pursuant to the Oklahoma Pleading Code; and providing
an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAH OMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 426 .1, as
last amended by Section 2, Chapter 447, O.S.L. 2024 (63 O.S. Supp.
2024, Section 426.1), is amended to read as follows:
Section 426.1. A. 1. All licensure revocation he arings
conducted pursuant to marijuana licenses established in the Oklahoma
Statutes shall be conducted pursuant to the requirements of the
Oklahoma Pleading Code, Section 2001 et seq. of Title 12 of the
Oklahoma Statutes.
2. All licensure revocation hear ings conducted pursuant to
marijuana licenses established in the Oklahoma Stat utes shall be
recorded. A party may request a copy of the recording of the
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proceedings. Copies shall be provided to local law enforcement if
the revocation was based on alleged criminal activity.
B. The Oklahoma Medical Marijuana Authority shall assist any
law enforcement officer in the performance of his or her duties upon
such request by the law enforcement officer or the request of other
local officials having jurisdiction. Except for license information
concerning licensed patients, as defined in Se ction 427.2 of this
title, the Authority shall share information with law enforcement
agencies upon request without a subpoena or search warrant.
C. The Authority shall make ava ilable all information on
whether a medical marijuana patient or caregiver license is valid to
law enforcement electronically through an online verification
system.
D. The Authority shall make available to state agencies and
political subdivisions a list of marijuana-licensed premises,
medical marijuana businesses or any other prem ises where marijuana
or its by-products are licensed to be cultivated, grown, processed,
stored or manufactured to aid state agencies and county and
municipal governments in iden tifying locations within their
jurisdiction and ensuring compliance with applicable laws, rules and
regulations.
E. 1. Any marijuana -licensed premises, medical marijuana
business or any other premises where marijuana or its by -products
are licensed to be cultivated, grown, processed, stored or
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manufactured shall submit with its ap plication or request to change
location, after notifying the political subdivision of its intent, a
certificate of occupancy from the political subdivision or State
Fire Marshal where the facility of the applicant or licensee is to
be located certifying compliance with zoning classifications,
applicable municipal ordinances and all applicable safety,
electrical, fire, plumbing, waste, construction and building
specification codes. If the political subdivision does not have an
authority having a jurisdictio n agreement on file with the Office of
the State Fire Marshal, the State Fire Marshal shall certify
compliance with all applicable safety, electrical, fire, plumbing,
waste, construction, and building specification codes.
2. Beginning on May 28, 2021, upon the initial request for
renewal or transfer of a retail marijuana dispensary license, a
municipal government may object to the continued licensure of the
medical marijuana disp ensary if the municipal government determines
it is operating contrary to the required setback distance from a
school including the error in measurement allowance authorized by
Section 425 of this title.
3. To prevent the granting of the grandfather provi sions of
Section 425 of this title as a matter of law, the municipal
government shall provide the following documentation prior to the
initial renewal or transfer of a license:
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a. a municipal resolution finding that the marijuana
dispensary is located with in the prohibited setback
distance from a school that was openly in existence in
such a way that the public generally would have known
of the school’s existence and operation in that
location prior to the original marijuana dispensary
being licensed. For purposes of this subparagraph,
“openly in existence” means any building, location or
structure on a school site that has visible outward
markings indicating the building, location or
structure was operating as a school which would serve
as sufficient notice of the existence of the school or
a reason for further inquiry on the part o f the
marijuana dispensary license applicant. Openly in
existence shall not mean any school that operated
secretly or discreetly without any signs or other
markings on any build ing, location or structure on the
school site, undeveloped land or a structure owned by
a school that was not openly used and marked as a
school site, or any school site that was established
after the marijuana dispensary had been established
and licensed by the Authority, and
b. documentation of the measured distance from the schoo l
to the marijuana dispensary utilizing the method for
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determining the setback distance less any allowable
error in measurement calculated and remeasured on and
after the effective date of this act as authorized by
Section 425 of this title.
4. Prior to initial renewal or transfer of a license and upon
receipt of documentation required by paragraph 3 of this subsection,
if the Authority determines that the medical marijuana dispe nsary is
operating contrary to the required setback distance from a school
including the error in measurement allowance authorized by Section
425 of this title, the Authority may deny the renewal or transfer of
the medical marijuana dispensary license and shall cause the license
to be revoked.
5. For purposes of this subsection, “school” means the same as
defined in Section 427.2 of this title.
Once a certificate of occupancy has been submitted to the
Oklahoma Medical Marijuana Authority showing full compl iance as
outlined in this subsection, the licensee shall only need to submit
an affidavit for license renewal stating the premises continues to
comply with zoning classifications, applicable municipal ordinances,
and all applicable safety, electrical, fire , plumbing, waste,
construction, and building specification codes. An additional
certificate of occupancy along with an affidavit shall be submitted
if a change of use or occupancy occurs, or there is any change
concerning the facility or location that wo uld, by law, require
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additional inspection, licensure or permitting by the sta te or
municipality. Municipalities or the State Fire Marshal may
implement an inspection program to verify compliance with this
subsection. The Authority shall promulgate the r ules necessary for
the affidavit provided in this subsection. If an application for
renewal is submitted in violation of the provisions of this
subsection or information provided on the affidavit is inaccurate or
untrue, the Authority shall suspend operat ions of the licensee ’s
premises until compliance is reestablished. All existi ng medical
marijuana business licensees and registrants that do not possess a
valid certificate of occupancy, where required, shall be subject to
revocation until such time as a valid certificate of occupancy is
obtained for all applicable structures. This provision shall not
apply to medical marijuana business licensees and registrants who
submitted a full and complete application for a valid certificate of
occupancy to the Stat e Fire Marshal or political subdivision with an
authority having a jurisdictio n agreement on file with the State
Fire Marshal before February 1, 2024, and while the same application
remains under review by the State Fire Marshal or political
subdivision. Medical marijuana business licensees and registrants
are responsible for compliance with applicable state fire, building,
and electrical codes and may be liable for all damage that results
from noncompliance with state fire, building, and electrical codes
to the extent authorized by law.
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SECTION 2. This act shall be come effective November 1, 2025.
60-1-1126 TEK 1/10/2025 10:33:37 PM