SB774 HFLR Page 1 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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; SB774 HFLR Page 2 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SB774 HFLR Page 3 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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) SB774 HFLR Page 4 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SB774 HFLR Page 5 BOLD FACE denotes Committee Amendments. 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 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 SB774 HFLR Page 6 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SB774 HFLR Page 7 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 SB774 HFLR Page 8 BOLD FACE denotes Committee Amendments. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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.