Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB643 Latest Draft

Bill / Introduced Version Filed 01/14/2025

                             
 
 
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STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
SENATE BILL 643 	By: Paxton 
 
 
 
 
 
AS INTRODUCED 
 
An Act relating to medical marijuana; amending 63 
O.S. 2021, Sections 421, as last amended by Section 
4, Chapter 182, O.S.L. 2024, 422, a s last amended by 
Section 1, Chapter 447, O.S.L. 2024, and 423, as last 
amended by Section 8, Chapter 182, O.S.L. 2024 (63 
O.S. Supp. 2024, Sections 421, 422, and 423), which 
relate to licenses; modifying certain ownership 
residency requirements; imposing residency and 
citizenship requirements on employees and owners of 
certain facilities; updating statutory language; 
authorizing certain application requirement; defining 
terms; providing for codification; and providing an 
effective date. 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     63 O.S. 2021, Section 421, as last 
amended by Section 4, Chapter 182, O.S.L. 2024 (63 O.S. Supp. 2024, 
Section 421), is amended to read as follows: 
Section 421. A.  The Oklahoma Medical Marijuana Authority shall 
make available on its websi te in an easy-to-find location an 
application for a medical marijuana dispensary license.  The 
application fee to be paid by the applicant shall be in the amounts 
provided for in Section 427.14 of this title.  A method of payment 
for the application fee shall be provided on the website of the   
 
 
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Authority.  Dispensary applicants must all be residents of Oklahoma.  
Any entity applying for a dispensary license must be owned by a 
resident of this state and must be registered to do business in this 
state.  The Authority shall have ninety (90) business days to review 
the application; approve, reject, or deny the application; and send 
the approval, rejection, or denial letter stating reason s for the 
rejection or denial to the applicant in the same method the 
application was submitted to the Authority. 
B.  The Authority shall approve all applications which meet the 
following criteria: 
1.  The applicant must be twenty -five (25) years of age or 
older; 
2.  The applicant, if applying as an individual, must show 
residency in this state; 
3.  All applying entities must show that all members, managers, 
and board members are residents of this state; 
4.  An applying entity may show ownership of nonstate residents, 
but that percentage ownership may not exceed twenty -five percent 
(25%) shall not have ownership by nonresidents of this state; 
5.  All applying individuals or entities must be registered to 
conduct business in this state; and 
6.  All applicants must disclose all ownership interests in the 
dispensary.   
 
 
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Applicants with a no nviolent felony conviction in the last two 
(2) years, any other felony conviction in the last five (5) years, 
inmates in the custody of the Department of Corrections or any 
person currently incarcerated shall not qualify for a medical 
marijuana dispensary license. 
C.  Licensed medical marijuana dispensaries shall be required to 
complete a monthly sales report to the Authority.  This report shall 
be due on the fifteenth of each mon th and provide reporting on the 
previous month.  This report shall detail the weight of marijuana 
purchased at wholesale and the weight of marijuana sold to licensed 
medical marijuana patients and licensed caregivers and account for 
any waste.  The report shall show total sales in dollars, tax 
collected in dollars, and tax due in dollars.  The Authority shall 
have oversight and auditing responsibilities to ensure that all 
marijuana being grown is accounted for. 
D.  Only a licensed medical marijuana dispensa ry may conduct 
retail sales of marijuana or marijuana derivatives.  Beginning on 
November 1, 2021, licensed medical marijuana dispensaries shall be 
authorized to package and sell pre -rolled marijuana to licensed 
medical marijuana patients and licensed care givers.  The products 
described in this subsection shall contain only the ground parts of 
the marijuana plant and shall not include marijuana concentrates or 
derivatives.  The total net weight of each pre -roll packaged and 
sold by a medical marijuana dispe nsary shall not exceed one (1)   
 
 
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gram.  These products shall be tested, packaged and labeled in 
accordance with state law and rules promulgated by the Executive 
Director of the Oklahoma Medical Marijuana Authority. 
E.  No medical marijuana dispensary shall o ffer or allow a 
medical marijuana patient licensee, caregiver licensee or other 
member of the public to handle or otherwise have physical contact 
with any medical marijuana not contained in a sealed or separate 
package.  Provided, such prohibition shall no t preclude an employee 
of the medical marijuana dispensary from handling loose or 
nonpackaged medical marijuana to be placed in packaging consistent 
with the Oklahoma Medical Marijuana and Patient Protection Act and 
the rules promulgated by the Executive D irector for the packaging of 
medical marijuana for retail sale.  Provided , further, such 
prohibition shall not prevent a medical marijuana dispensary from 
displaying samples of its medical marijuana in separate display 
cases, jars or other containers and a llowing medical marijuana 
patient licensees and caregiver licensees the abilit y to handle or 
smell the various samples as long as the sample medical marijuana is 
used for display purposes only and is not offered for retail sale. 
SECTION 2.     AMENDATORY     63 O.S. 2021, Section 422, as last 
amended by Section 1, Chapter 447, O.S.L. 2024 (63 O.S. Supp. 2024, 
Section 422), is amended to read as follows: 
Section 422. A.  The Oklahoma Medical Marijuana Authority shall 
make available on its website in an easy-to-find location an   
 
 
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application for a medical marijuana com mercial grower license.  The 
application fee shall be paid by the applicant in the amounts 
provided for in Section 427.14 of this title.  A method of payment 
for the application fee shall be provided on the website of the 
Authority.  The Authority shall have ninety (90) business days to 
review the application; approve, reject, or deny the application; 
and send the approval, rejection, or denial letter stating the 
reasons for the rejection or denial to the applicant in the same 
method the application was sub mitted to the Authority. 
B.  The Authority shall approve all applications which meet the 
following criteria: 
1.  The applicant must be twenty -five (25) years of age or 
older; 
2.  The applicant, if applying as an individual, must show 
residency in this state; 
3.  All applying entities must show that all members, managers, 
and board members are Oklahoma residents; 
4.  An applying entity may show ownership of non -Oklahoma 
residents, but that percentage ownership may not exceed twenty -five 
percent (25%) shall not have ownership by nonresidents of this 
state; 
5.  All applying individuals or entities must be registered to 
conduct business in this state; and   
 
 
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6.  All applicants must disclo se all ownership interests in the 
commercial grower operation. 
Applicants with a nonviolent felony conviction in the last two 
(2) years, any other felony conviction in the last five (5) years, 
inmates in the custody of the Department of Corrections or any 
person currently incarcerated shall not qualify for a commercial 
grower license. 
C.  A licensed medical marijuana commercial grower may sell 
marijuana to a licensed medical marijuana dispensary or a licensed 
medical marijuana processor.  Further, sales by a licensed medical 
marijuana commercial grower shall be considered wholesale sales and 
shall not be subject to taxation.  Under no circumstances may a 
licensed medical marijuana commercial grower sell marijuana directly 
to a licensed medical marijuana pati ent or licensed medical 
marijuana caregiver.  A licensed medical marijuana com mercial grower 
may only sell at the wholesale level to a licensed medical marijuana 
dispensary, a licensed medical marijuana commercial grower or a 
licensed medical marijuana pro cessor.  If the federal government 
lifts restrictions on buying and selling marijuana between states, 
then a licensed medical marijuana commercial grower would be allowed 
to sell and buy marijuana wholesale from, or to, an out -of-state 
wholesale provider. A licensed medical marijuana commercial grower 
shall be required to complete a monthly yield and sales report to 
the Authority.  This report shall be due on the fifteenth of each   
 
 
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month and provide reporting on the previous month.  This report 
shall detail the amount of marijuana harvested in pounds, the amount 
of drying or dried marijuana on hand, the amount of marijuana sold 
to licensed processors in pounds, the amount of waste in pounds, and 
the amount of marijuana sold to licensed medical marijuana 
dispensaries in pounds.  Additionally, this report shall show total 
wholesale sales in dollars.  The Authority shall have oversight and 
auditing responsibilities to ensure that all marijuana being grown 
by licensed medical marijuana commercial growers is accou nted for. 
D.  There shall be no limits on how much marijuana a licensed 
medical marijuana commercial grower can grow. 
E.  Beginning on November 1, 2021, licensed medical marijuana 
commercial growers shall be authorized to package and sell pre -
rolled marijuana to licensed medical marijuana dispensaries.  The 
products described in thi s subsection shall contain only the ground 
parts of the marijuana plant and shall not include marijuana 
concentrates or derivatives.  The total net weight of each pre -roll 
packaged and sold by licensed medical marijuana commercial growers 
shall not exceed one (1) gram.  These final products must be tested, 
packaged and labeled in accordance with Oklahoma law and rules 
promulgated by the Authority. 
F.  Beginning November 1, 2022, a ll medical marijuana commercial 
grower licensees who operate an outdoor medica l marijuana production 
facility shall be required to register with the Oklahoma Department   
 
 
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of Agriculture, Food, and Forestry as an environmentally sensitive 
crop owner.  Registr ation shall provide notice to commercial and 
private pesticide applicators of the locations of medical marijuana 
crops and help minimize the potential for damaging pesticide drift.  
Medical marijuana commercial grower licensees shall provide their 
business name, address, Global Positioning System (GPS) coordinates 
for all outdoor medical marijuana production facilities, and any 
other information required by the Department when registering with 
the Environmentally Sensitive Area Registry. 
SECTION 3.     AMENDATORY     63 O.S. 2021, Section 423, as last 
amended by Section 8, Chapter 182, O.S.L. 2024 (63 O.S. Supp. 2024, 
Section 423), is amended to read as follows: 
Section 423. A.  The Oklahoma Medical Marijuana Authority shall 
make available on its website in an easy -to-find location an 
application for a medical marij uana processing license.  The 
Authority shall be authorized to issue two types of medical 
marijuana processor licenses based on the level of risk posed by the 
type of processing conducted: 
1.  Nonhazardous medical marijuana processor license; and 
2.  Hazardous medical marijuana processor license. 
The application fee for a nonhazardous or hazardous medical 
marijuana processor license shall be paid by the applicant in the 
amounts provided for in Section 427.14 of this title.  A method of 
payment shall be prov ided on the website of the Authority.  The   
 
 
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Authority shall have ninety (90) business days to review the 
application; approve, reject, or deny the application; and send the 
approval, rejection, or denial letter stating the reasons for the 
rejection or denial to the applicant in the same method the 
application was submitted to the Authority. 
B.  The Authority shall approve all applications which meet the 
following criteria: 
1.  The applicant must be twenty -five (25) years of age or 
older; 
2.  The applicant, i f applying as an individual, must show 
residency in this state; 
3.  All applying entities must show that all members, managers, 
and board members are Oklahoma residents of this state; 
4.  An applying entity may show ownership of nonstate residents, 
but that percentage ownership may not exceed twenty -five percent 
(25%) shall not have ownership by nonresidents of this state; 
5.  All applying individuals or entities must be registere d to 
conduct business in this state; and 
6.  All applicants must disclose all ownership interests in the 
processing operation. 
Applicants with a nonviolent felony conviction in the last two 
(2) years, any other felony conviction in the last five (5) years, 
inmates in the custody of the Department of Corrections or any   
 
 
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person currently incarcerated shall not qualify for a medical 
marijuana processing license. 
C.  1.  A licensed processor may take marijuana plants and 
distill or process these plants into conc entrates, edibles, and 
other forms for consumption. 
2.  The Executive Director of the Authority shall make available 
a set of standards which shall be used by licensed processors in the 
preparation of edible marijuana products.  The standards should be 
in line with current food preparation guidelines.  No excessive or 
punitive rules may be established by the Executive Director. 
3.  Up to two times a year, the Authority may inspect a 
processing operation and determine its compliance with the 
preparation standards.  If deficiencies are found, a written report 
of the deficiency shall be issued to the licensed processor.  The 
licensed processor shall have one (1) month to correct the 
deficiency or be subject to a fine of Five Hundred Dollars ($500.00) 
for each deficiency. 
4.  A licensed processor may sell marijuana products it creates 
to a licensed dispensary or any other licensed processor.  All sales 
by a licensed processor shall be considered wholesale sales and 
shall not be subject to taxation. 
5.  Under no circumstances may a licensed processor sell 
marijuana or any marijuana product directly to a licensed medical 
marijuana patient or licensed caregiver.  However, a licensed   
 
 
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processor may process cannabis into a concentrated form for a 
licensed medical mariju ana patient for a fee. 
6.  Licensed processors shall be required to complete a monthly 
yield and sales report to the Authority.  This report shall be due 
on the fifteenth of each month and shall provide reporting on the 
previous month.  This report shall d etail the amount of marijuana 
and medical marijuana products purchased in poun ds, the amount of 
marijuana cooked or processed in pounds, and the amount of waste in 
pounds.  Additionally, this report shall show total wholesale sales 
in dollars.  The Authori ty shall have oversight and auditing 
responsibilities to ensure that all marijuana being processed is 
accounted for. 
D.  The Authority shall oversee the inspection and compliance of 
licensed processors producing products with marijuana as an 
additive.  If it becomes permissible under federal law, marijuana 
may be moved across state lines. 
E.  Any device used for the processing or consumption of medical 
marijuana shall be considered legal to be sold, manufactured, 
distributed and possessed.  No merchant, who lesaler, manufacturer or 
individual may be unduly harassed or prosecuted for selling, 
manufacturing or possessing marijuana paraphernalia. 
SECTION 4.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 427.30 of Title 63, unless there 
is created a duplication in numbering, reads as follows:   
 
 
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A.  The Oklahoma Medical Marijuana Authority shall require all 
employees and owners of medical marijuana facilities to be citizens, 
lawful permanent residents, or tempo rary residents of the United 
States. The Authority may require that such residency be made as 
part of an individual’s application for a license, permit, 
identification card, or credential authorizing the individual to be 
an employee of a medical marijuana facility. 
B.  As used in this section: 
1.  “Employee” means any natural perso n who: 
a. grows, harvests, dries, cures, purchases, sells, 
transfers, transports, processes, produces, 
manufactures, creates, or packages medical marijuana, 
medical marijuana pro ducts, or 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 transports medical marijuana, medical 
marijuana products, and medical marij uana 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 for a 
medical marijuana licensed testing laboratory, 
e. transports, stores, and distributes, but does not take 
ownership of, medical marijuana and medical marijuana 
products on behalf of or for a licensed medical 
marijuana commercial transporter, 
f. tracks, traces, reports, and inputs any information 
into the state inventory t racking 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 com mercial license 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 concentrat es; 
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; and 
3.  “Owner” means a direct beneficial owner including, but not 
limited to, all persons or entities as follows:   
 
 
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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, 
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 facility. 
SECTION 5.  This act shall become effective November 1, 2025. 
 
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