Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB774 Latest Draft

Bill / Amended Version Filed 04/16/2025

                             
 
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HOUSE OF REPRESENTATIVES - FLOOR VERSION 
 
STATE OF OKLAHOMA 
 
1st Session of the 60th Legislature (2025) 
 
ENGROSSED SENATE 
BILL NO. 774 	By: Coleman of the Senate 
 
  and 
 
  Marti of the House 
 
 
 
 
An Act relating to medical marijuana licenses; 
amending 63 O.S. 2021, Sections 420, as amended by 
Section 1, Chapter 182, O.S.L. 2024 , and 427.7 (63 
O.S. Supp. 2024, Section 420), which relate to 
medical marijuana patient licenses and registry; 
modifying certain identification number; requiring 
certain barcode; and providing an effective date . 
 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     AMENDATORY     63 O.S. 2021, Section 420, as 
amended by Section 1, Chapter 182, O.S.L. 2024 (63 O.S. Supp. 2024, 
Section 420), is amend ed to read as follows: 
Section 420. A.  A person in possession of a state -issued 
medical marijuana patient license shall be able to: 
1.  Consume marijuana legally; 
2.  Legally possess up to three (3) ounces or eighty -four and 
nine-tenths (84.9) grams of m arijuana on their person;   
 
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3.  Legally possess six mature marijuana plants and the 
harvested marijuana the refrom; 
4.  Legally possess six seedling plants; 
5.  Legally possess one (1) ounce or twenty -eight and three 
tenths (28.3) grams of concentrated mariju ana; 
6.  Legally possess seventy -two (72) ounces or two thousand 
thirty-seven and six-tenths (2037.6) grams of edible marijuana; 
7.  Legally possess up to eight (8) ounces or two hundred 
twenty-six and four-tenths (226.4) grams of marijuana in their 
residence; and 
8.  Legally possess seventy -two (72) ounces of topical 
marijuana. 
B.  Possession of up to one an d one-half (1.5) ounces or forty -
two and forty-five one-hundredths (42.45) grams of marijuana by 
persons who can state a medical condition, but are not in possession 
of a state-issued medical marijuana patient license, shall 
constitute a misdemeanor offense punishable by a fine not to exceed 
Four Hundred Dollars ($400.00) and shall not be subject to 
imprisonment for the offense.  Any law enforcement offi cer who comes 
in contact with a person in violation of this subsection and who is 
satisfied as to the ide ntity of the person, as well as any other 
pertinent information the law enforcement officer deems necessary, 
shall issue to the person a written citati on containing a notice to 
answer the charge against the person in the appropriate court.  Upon   
 
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receiving the written promise of the alleged violator to answer as 
specified in the citation, the law enforcement officer shall release 
the person upon personal recognizance unless there has been a 
violation of another provision of law. 
C.  The Oklahoma Medical Mari juana Authority shall be 
established which shall receive applications for medical marijuana 
patient and caregiver license recipients, dispensaries, gro wers, and 
processors within sixty (60) days of the passage of this initiative. 
D.  The Authority shall, within thirty (30) days of passage of 
this initiative, make available on its website, in an easy -to-find 
location, an application for a medical marijuan a patient license.  
The license shall be valid for two (2) years.  The biannual 
application fee shall be One Hundred Dollars ($100.00), or Twenty 
Dollars ($20.00) for individuals on Medicaid, Medicare or 
SoonerCare.  The methods of payment shall be provide d on the website 
of the Authority.  Reprints of the medical marijuana patient license 
shall be Twenty Dollars ($20.00). 
E.  A short-term medical marijuana patient license application 
shall also be made available on the website of the Authority.  A 
short-term medical marijuana patient license shall be granted to any 
applicant who can meet the requirements for a two-year medical 
marijuana patient license, but whose physician recommendation for 
medical marijuana is only valid for sixty (60) days.  Short -term 
medical marijuana patient licenses shall be issued for sixty (60)   
 
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days.  The fee for a short -term medical marijuana patient license, 
reprints of the short -term medical marijuana patient license, and 
the procedure for extending or renewing the license shall be 
determined by the Executive Director of the Authority. 
F.  A temporary medical marijuana patient licen se application 
shall also be made available on the website of the Authority for 
residents of other states.  Temporary medical marijuana patient 
licenses shall be granted to any medical marijuana license holders 
from other states, provided that such states have state -regulated 
medical marijuana programs, and applicants can prove they are 
members of such programs.  Temporary medical marijuana patient 
licenses shall be issued for thirty (30) days.  The cost for a 
temporary license shall be One Hundred Dollars ($100.00).  Renewal 
shall be granted with resubmission of a new application.  No 
additional criteria shall be required.  Reprints of the temporary 
medical marijuana patient license shall be Twenty Dollars ($20.00). 
G.  Medical marijuana patient license applicants shall submit 
their applications to the Authority for approval.  The applicant 
shall be a resident of this state and shall prove residency by a 
valid driver license, utility bills, or other accepted methods. 
H.  The Authority shall review the medica l marijuana patient 
license application; approve, reject, or deny the application; and 
mail the approval, rejection, or denial letter stating any reaso ns 
for rejection, to the applicant within fourteen (14) business days   
 
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of receipt of the application.  Approved applicants shall be issued 
a medical marijuana patient license which shall act as proof of his 
or her approved status.  Applications may only be rejected or denied 
based on the applicant not meeting stated criteria or improper 
completion of the appli cation. 
I.  The Authority shall make available, both on its website and 
through a telephone verification system, an easy method to validate 
the authenticity of the medical marijuana patient license by the 
unique twenty-four-character twelve-character identification number 
and PDF417 barcode. 
J.  The Authority shall ensure that all medical marijuana 
patient and caregiver records and information are sealed to protect 
the privacy of medical marijuana patient license applicants. 
K.  A caregiver license shall be made available for qualified 
caregivers of a medical marijuana patient license holder who is 
homebound.  As provided in Section 427.11 of this title, the 
caregiver license shall provide the caregiver the same rights as the 
medical marijuana patient licensee including the ability to possess 
marijuana, marijuana products and mature and immature plants or 
cultivated medical marijuana pursuant to the Oklaho ma Medical 
Marijuana and Patient Protection Act, but excluding the ability to 
use marijuana or marijuana products unless the caregiver has a 
medical marijuana patient license.  Applicants for a caregiver 
license shall submit proof of the license status and homebound   
 
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status of the medical marijuana patient and proof that the applicant 
is the designee of the medical marijuana patient.  The applicant 
shall also submit proof that he or she is eighteen (18) years of age 
or older and proof of his or her state res idency.  This shall be the 
only criteria for a caregiver license.  A licensed caregiver shall 
not cultivate medical marijuana for more than five medical marijuana 
patient licensees and shall not charge a medical marijuana patient 
licensee for cultivating m edical marijuana in excess of the actual 
costs incurred in cultivating the medical marijuana. 
L.  All applicants for a medical marijuana patient license shall 
be eighteen (18) years of age or older.  A special exception shall 
be granted to an applicant und er the age of eighteen (18); however, 
these applications shall be signed by two physicians and the parent 
or legal guardian of the applicant. 
M.  All applications for a medical marijuana patient license 
shall be signed by an Oklahoma physician licensed by and in good 
standing with the State Board of Medical Licensure and Supervision, 
the State Board of Osteopathic Examiners, or the Board of Podiatric 
Medical Examiners.  There are no qualifying conditions.  A medical 
marijuana patient license shall be recomm ended according to the 
accepted standards a reasonable and prudent physician would follow 
when recommending or approving any medication.  No physician may be 
unduly stigmatized, penalized, subjected to discipline, sanctioned, 
reprimanded or harassed for si gning a medical marijuana patient   
 
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license application; provided, the physician acted in accordance 
with the provisions of this subsection and all other rules governing 
the medical license of the physician in this state. 
N.  Counties and cities may enact me dical marijuana guidelines 
allowing medical marijuana patient license holders or caregiver 
license holders to exceed the state limits set forth in subsection A 
of this section. 
SECTION 2.     AMENDATORY     63 O.S. 2021, Section 427.7, is 
amended to read as follows: 
Section 427.7. A.  The Oklahoma Medical Marijuana Authority 
shall create a medical marijuana use registry of patients and 
caregivers as provided under this section.  The handling of any 
records maintained in the registry shall comply with all applicable 
state and federal privacy laws. 
B.  The medical marijuana use registry shall be accessible to: 
1.  Oklahoma-licensed medical marijuana dispensaries to verify 
the license of a patient or caregiver by the twenty-four-character 
twelve-character identifier and PDF417 barcode; and 
2.  Any court in this state. 
C.  All other records regarding a medical marijuana patient or 
caregiver licensee shall be maintained by the Authority and shall be 
deemed confidential.  The handling of any reco rds maintained by the 
Authority shall comply with all applicable state and federal privacy 
laws.  Such records shall be marked as confidential, shall not be   
 
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made available to the public, and shall only be made available to 
the licensee, designee of the lic ensee, any physician of the 
licensee or the caregiver of the licensee. 
D.  A log shall be kept with the file of the licensee to record 
any event in which the records of the licensee were made available 
and to whom the records were provided. 
E.  The Authority shall ensure that all medical marijuana 
patient and caregiver records and information are sealed to pr otect 
the privacy of medical marijuana patient license applicants and 
licensees. 
F.  This act shall be in force for any new or replacement 
medical marijuana patient licenses issued after the effective date 
of this act. 
SECTION 3.  This act shall become effective November 1, 2025. 
 
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES , dated 
04/15/2025 – DO PASS.