Req. No. 1446 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1446 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. Req. No. 1446 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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) Req. No. 1446 Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1446 Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1446 Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1446 Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1446 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1446 Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1446 Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 Req. No. 1446 Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 1446 Page 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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, Req. No. 1446 Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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: Req. No. 1446 Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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. 60-1-1446 CAD 1/14/2025 1:44:02 PM