Laws 2023, SB 813, c. 322, § 5, emerg. eff. June 1, 2023.
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.4 - Executive Director and Other Personnel - Duties and Powers
Cite as: 63 O.S. § 427.4 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
Version 2 (as amended by Laws 2022, SB 1543, c. 251, § 9, eff. November 1, 2022)
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A. The Oklahoma Medical Marijuana Authority shall employ an Executive Director and other personnel as necessary to assist the Authority in carrying out its duties. The Executive Director shall be appointed by the Governor, with the advice and consent of the Senate. The Executive Director shall serve at the pleasure of the Governor and may be removed or replaced without cause. Compensation for the Executive Director shall be determined pursuant to Section 3601.2 of Title 74 of the Oklahoma Statutes.
B. The Authority shall not employ an individual if any of the following circumstances exist:
1. The individual has a direct or indirect interest in a licensed medical marijuana business; or
2. The individual or his or her spouse, parent, child, spouse of a child, sibling, or spouse of a sibling has an application for a medical marijuana business license pending before the Authority or is a member of the board of directors of a medical marijuana business, or is an individual financially interested in any licensee or medical marijuana business.
C. All officers and employees of the Authority shall be in the exempt unclassified service.
D. The Executive Director may delegate to any officer or employee of the Authority any of the powers of the Executive Director and may designate any officer or employee of the Authority to perform any of the duties of the Executive Director.
E. The Executive Director may promulgate rules governing the oversight and implementation of the Oklahoma Medical Marijuana and Patient Protection Act.
F. The Authority is hereby authorized to create employment positions necessary for the implementation of its obligations pursuant to the Oklahoma Medical Marijuana and Patient Protection Act including, but not limited to, investigators of the Authority and a director of enforcement. The Authority, the director of enforcement, the Executive Director, investigators of the Authority, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of Investigation, and the Attorney General shall have all the powers and authority of a peace officer of this state for the purpose of enforcing the provisions of the Oklahoma Medical Marijuana and Patient Protection Act and other laws pertaining to medical marijuana, rules promulgated by the Executive Director, or criminal laws of this state. These powers shall include but not be limited to:
1. Investigating violations or suspected violations of the Oklahoma Medical Marijuana and Patient Protection Act or other laws pertaining to medical marijuana, any rules promulgated pursuant thereto, and any violations of criminal laws of this state discovered through the course of such investigations;
2. Serving and executing all warrants, summonses, subpoenas, administrative citations, notices or other processes relating to the enforcement of laws regulating marijuana, concentrate, and marijuana product;
3. Seizing, destroying, confiscating, embargoing, or placing an administrative hold on any marijuana or marijuana product not properly logged in the inventory tracking system or untraceable product required to be in the system, altered or improperly packaged, or illegally held in violation of the Oklahoma Medical Marijuana and Patient Protection Act, any other laws of this state, or any rules promulgated by the Executive Director;
4. Assisting or aiding any law enforcement officer in the performance of his or her duties upon such law enforcement officer’s request or the request of other local officials having jurisdiction;
5. Referring any evidence, reports, or charges regarding violations of any provision of the Oklahoma Medical Marijuana and Patient Protection Act that carries criminal penalty, or of any other criminal laws of this state, to the appropriate law enforcement authority and prosecutorial authority for action;
6. Aiding the enforcement authorities of this state or any county or municipality of the state, or the federal government, in prosecutions of violations of the Oklahoma Medical Marijuana and Patient Protection Act or any other laws of this state that carry criminal penalty involving crimes discovered during the investigation of violations or suspected violations of the Oklahoma Medical Marijuana and Patient Protection Act or other laws pertaining to medical marijuana or any rules promulgated pursuant thereto;
7. Requiring any business applicant or licensee to permit an inspection of licensed premises during business hours or at any time of apparent operation, marijuana equipment, and marijuana accessories, or books and records; and to permit the testing of or examination of medical marijuana, concentrate, or product;
8. Requiring applicants and licensees to submit complete and current applications, information and fees required by the Oklahoma Medical Marijuana and Patient Protection Act, the Oklahoma Medical Marijuana Waste Management Act and Sections 420 through 426.1 of this title, and approve material changes made by the applicant or licensee;
9. Requiring medical marijuana business licensees to submit a sample or unit of medical marijuana or medical marijuana product to the quality assurance laboratory when the Authority has reason to believe the medical marijuana or medical marijuana product may be unsafe for patient consumption or inhalation or has not been tested in accordance with the provisions of the Oklahoma Medical Marijuana and Patient Protection Act and the rules and regulations promulgated by the Executive Director. The licensee shall provide the samples or units of medical marijuana or medical marijuana products at its own expense but shall not be responsible for the costs of testing; and
10. Requiring medical marijuana business licensees to periodically submit samples or units of medical marijuana or medical marijuana products to the quality assurance laboratory for quality assurance purposes. Licensed growers, processors, dispensaries and transporters shall not be required to submit samples or units of medical marijuana or medical marijuana products more than twice a year. The licensee shall provide the samples or units of medical marijuana or medical marijuana products at its own expense but shall not be responsible for the costs of testing.
G. All investigators of the Authority shall meet all training requirements and qualifications for peace officers as required by Section 3311 et seq. of Title 70 of the Oklahoma Statutes.
H. During the course of an investigation, the Authority, as provided by subsection F of this section, may arrest a violator or suspected violator of any laws of this state committed in the presence of the Authority or upon the development of probable cause that such crime has been committed. The Authority as provided by subsection F of this section may, upon request of a sheriff or another peace officer of this state, or any political subdivision thereof, assist in the apprehension and arrest of a violator or suspected violator of any of the laws of this state.
I. The Executive Director may employ or contract with attorneys, as needed, to advise the Authority on all legal matters and to appear for and represent the Executive Director and the Authority in all administrative hearings and all litigation or other proceedings which may arise in the discharge of their duties. At the request of the Executive Director, such attorneys shall assist district attorneys in prosecuting charges of violators of the Oklahoma Medical Marijuana and Patient Protection Act or any other laws of this state that carry criminal penalty involving crimes discovered during the investigation of violations or suspected violations of the Oklahoma Medical Marijuana and Patient Protection Act or other laws pertaining to medical marijuana or any rules promulgated pursuant thereto.
Historical Data
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Laws 2019, HB 2612, c. 11, § 4; Amended by Laws 2021, SB 1033, c. 584, § 6, emerg. eff. May 28, 2021 (superseded document available); Amended by Laws 2021, HB 2646, c. 553, § 10, eff. November 1, 2021 (superseded document available); Amendment by Laws 2021, HB 2646, c. 553, § 10, eff. November 1, 2021, amended by Laws 2022, SB 1802, c. 228, § 32, emerg. eff. May 5, 2022; Amendment by Laws 2021, SB 1033, c. 584, § 6, repealed by Laws 2022, SB 1802, c. 228, § 33, emerg. eff. May 5, 2022 (superseded document available); Amendment by Laws 2021, HB 2646, c. 553, § 10, eff. November 1, 2021, amended by Laws 2022, SB 1543, c. 251, § 9, eff. November 1, 2022 (superseded document available); Amended by Laws 2023, HB 2095, c. 168, § 3, eff. November 1, 2023; Amended by Laws 2023, SB 813, c. 322, § 6, emerg. eff. June 1, 2023 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.5 - Oklahoma Medical Marijuana Authority Fund
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This Statute Will Go Into Effect
On: 07/01/2023
See Historical Data for Current Version
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Cite as: 63 O.S. § 427.5 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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There is hereby created in the State Treasury a fund for the Oklahoma Medical Marijuana Authority to be designated the “Oklahoma Medical Marijuana Authority Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Authority from fees and fines collected pursuant to the Oklahoma Medical Marijuana and Patient Protection Act. All monies accruing to the credit of the fund shall be appropriated at the discretion of the Legislature for the purpose of funding the Oklahoma Medical Marijuana Authority.
Historical Data
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Laws 2019, HB 2612, c. 11, § 5; Amended by Laws 2023, 1st Extr. Sess., SB 18, c. 34, § 2, emerg. eff. July 1, 2023 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.5a - Medical Marijuana Tax Fund
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This Statute Will Go Into Effect
On: 07/01/2023
See Historical Data for Current Version
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Cite as: 63 O.S. § 427.5a (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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There is hereby created in the State Treasury a fund for the Oklahoma Medical Marijuana Authority to be designated the “Medical Marijuana Tax Fund”. The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies received by the Authority from tax proceeds collected pursuant to Section 426 of Title 63 of the Oklahoma Statutes. All monies accruing to the credit of the fund shall be appropriated at the discretion of the Legislature for the purpose of funding substance abuse programs and common education including but not limited to funding redbud school grants pursuant to Section 3-104 of Title 70 of the Oklahoma Statutes.
Historical Data
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Laws 2023, 1st Extr. Sess., SB 18, c. 34, § 3, emerg. eff. July 1, 2023.
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.6 - State Department of Health Monitoring and Disciplinary Actions - Penalties - Disciplinary Hearings
Cite as: 63 O.S. § 427.6 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
Version 3 (as amended by Laws 2021, HB 2646, c. 553, § 11, eff. November 1, 2021) (amended by Laws 2022 SB 1543, c. 251, § 10, eff. November 1, 2022)
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A. The Oklahoma Medical Marijuana Authority shall address issues related to the medical marijuana program in this state including, but not limited to, monitoring and disciplinary actions as they relate to the medical marijuana program.
B. 1. The Authority or its designee may perform on-site inspections or investigations of a licensee or applicant for any medical marijuana business license, research facility, education facility or waste disposal facility to determine compliance with applicable laws, rules and regulations or submissions made pursuant to this section. The Authority may enter the licensed premises of a medical marijuana business, research facility, education facility or waste disposal facility licensee or applicant to assess or monitor compliance or ensure qualifications for licensure.
2. Post-licensure inspections shall be limited to twice per calendar year. However, investigations and additional inspections may occur when the Authority believes an investigation or additional inspection is necessary due to a possible violation of applicable laws, rules or regulations. The Executive Director of the Authority may adopt rules imposing penalties including, but not limited to, monetary fines and suspension or revocation of licensure for failure to allow the Authority reasonable access to the licensed premises for purposes of conducting an inspection.
3. The Authority may review relevant records of a licensed medical marijuana business, licensed medical marijuana research facility, licensed medical marijuana education facility or licensed medical marijuana waste disposal facility, and may require and conduct interviews with such persons or entities and persons affiliated with such entities, for the purpose of determining compliance with requirements of the Executive Director and applicable laws, rules and regulations.
4. The Authority may refer complaints alleging criminal activity that are made against a licensee to appropriate state or local law enforcement authorities.
C. Disciplinary action may be taken against an applicant or licensee for not adhering to applicable laws pursuant to the terms, conditions and guidelines set forth in the Oklahoma Medical Marijuana and Patient Protection Act.
D. Disciplinary actions may include revocation, suspension or denial of an application, license or final authorization and other action deemed appropriate by the Executive Director.
E. Disciplinary actions may be imposed upon a medical marijuana business licensee for:
1. Failure to comply with or satisfy any provision of applicable laws, rules or regulations;
2. Falsification or misrepresentation of any material or information submitted to the Authority or other licensees;
3. Failing to allow or impeding entry by authorized representatives of the Authority;
4. Failure to adhere to any acknowledgement, verification or other representation made to the Authority;
5. Failure to submit or disclose information required by applicable laws, rules or regulations or otherwise requested by the Authority;
6. Failure to correct any violation of this section cited as a result of a review or audit of financial records or other materials;
7. Failure to comply with requested access by the Authority to the licensed premises or materials;
8. Failure to pay a required monetary penalty;
9. Diversion of medical marijuana or any medical marijuana product, as determined by the Authority;
10. Threatening or harming a medical marijuana patient licensee, caregiver licensee, a medical practitioner or an employee of the Authority; and
11. Any other basis indicating a violation of the applicable laws and regulations as identified by the Authority.
F. Disciplinary actions against a licensee may include the imposition of monetary penalties, which may be assessed by the Authority. The Authority may suspend or revoke a license for failure to pay any monetary penalty lawfully assessed by the Authority against a licensee.
G. Penalties for sales or purchases by a medical marijuana business to persons other than those allowed by law occurring within any two-year time period may include an initial fine of One Thousand Dollars ($1,000.00) for a first violation and a fine of Five Thousand Dollars ($5,000.00) for any subsequent violation. Penalties for grossly inaccurate or fraudulent reporting occurring within any two-year time period may include an initial fine of Five Thousand Dollars ($5,000.00) for a first violation and a fine of Ten Thousand Dollars ($10,000.00) for any subsequent violation. The medical marijuana business may be subject to a revocation of any license granted pursuant to the Oklahoma Medical Marijuana and Patient Protection Act upon a showing that the violation was willful or grossly negligent.
H. 1. First offense for intentional and impermissible diversion of medical marijuana, concentrate, or products by a patient or caregiver to an unauthorized person shall not be punished under a criminal statute but may be subject to a fine of Two Hundred Dollars ($200.00).
2. The second offense for impermissible diversion of medical marijuana, concentrate, or products by a patient or caregiver to an unauthorized person shall not be punished under a criminal statute but may be subject to a fine of not to exceed Five Hundred Dollars ($500.00) and may result in revocation of the license upon a showing that the violation was willful or grossly negligent.
I. The intentional diversion of medical marijuana, medical marijuana concentrate or medical marijuana products by a licensed medical marijuana patient or caregiver, medical marijuana business or employee of a medical marijuana business to an unauthorized minor person who the licensed medical marijuana patient or caregiver, medical marijuana business or employee of a medical marijuana business knew or reasonably should have known to be a minor person shall be subject to a cite and release citation and, upon a finding of guilt or a plea of no contest, a fine of Two Thousand Five Hundred Dollars ($2,500.00). For a second or subsequent offense, the licensed medical marijuana patient or caregiver, medical marijuana business or employee of a medical marijuana business shall be subject to a cite and release citation and, upon a finding of guilt or a plea of no contest, a fine of Five Thousand Dollars ($5,000.00) and automatic termination of the medical marijuana license.
J. Nothing in this section shall be construed to prevent the criminal prosecution, after the presentation of evidence and a finding beyond a reasonable doubt, of a licensed medical marijuana patient or caregiver, medical marijuana business or employee of a medical marijuana business who has diverted medical marijuana, medical marijuana concentrate or medical marijuana products to an unauthorized person with the intent or knowledge that the unauthorized person was to engage in the distribution or trafficking of medical marijuana, medical marijuana concentrate or medical marijuana products.
K. In addition to any other remedies provided for by law, the Authority, pursuant to rules and regulations promulgated by the Executive Director, may issue a written order to any licensee the Authority has reason to believe has violated Sections 420 through 426.1 of this title, the Oklahoma Medical Marijuana and Patient Protection Act, the Oklahoma Medical Marijuana Waste Management Act, or any rules promulgated by the Executive Director and to whom the Authority has served, not less than thirty (30) days previously, a written notice of violation of such statutes or rules.
1. The written order shall state with specificity the nature of the violation. The Authority may impose any disciplinary action authorized under the provisions of this section including, but not limited to, the assessment of monetary penalties.
2. Any order issued pursuant to the provisions of this section shall become a final order unless, not more than thirty (30) days after the order is served to the licensee, the licensee requests an administrative hearing in accordance with the rules and regulations promulgated by the Executive Director. Upon such request, the Authority shall promptly initiate administrative proceedings.
L. Whenever the Executive Director finds that an emergency exists requiring immediate action in order to protect the health or welfare of the public, the Executive Director may issue an order, without providing notice or hearing, stating the existence of an emergency and requiring that action be taken as the Executive Director deems necessary to meet the emergency. Such action may include, but is not limited to, ordering the licensee to immediately cease and desist operations by the licensee. The order shall be effective immediately upon issuance. Any person to whom the order is directed shall comply immediately with the provisions of the order. The Authority may assess a penalty not to exceed Ten Thousand Dollars ($10,000.00) per day of noncompliance with the order. In assessing such a penalty, the Authority shall consider the seriousness of the violation and any efforts to comply with applicable requirements. Upon application to the Authority, the licensee shall be offered a hearing within ten (10) days of the issuance of the order.
M. 1. The Executive Director may conduct hearings, issue final agency orders, impose disciplinary action as provided by this section for violation of state laws and rules pertaining to medical marijuana including, but not limited to, violation of this section, and take such other action as may be necessary to enforce state laws and rules pertaining to medical marijuana pursuant to the Administrative Procedures Act. All hearings held pursuant to this section shall be in accordance with the Administrative Procedures Act.
2. The Executive Director may delegate to an administrative law judge the authority to conduct hearings, issue final agency orders, or impose disciplinary action as provided by this section for violation of state laws and rules pertaining to medical marijuana including, but not limited to, violation of this section. When the administrative law judge issues a final agency order, that order becomes the final order of the Authority without further proceeding unless there is a request for rehearing, reopening, or reconsideration pursuant to Section 317 of Title 75 of the Oklahoma Statutes or a filing for judicial review pursuant to Section 318 of Title 75 of the Oklahoma Statutes.
Historical Data
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Laws 2019, HB 2612, c. 11, § 6, amended by Laws 2019, HB 2601, c. 477, § 7; Amended by Laws 2021, HB 2272, c. 482, § 2, emerg. eff. July 1, 2021 (superseded document available); Amended by Laws 2021, HB 2646, c. 553, § 11, eff. November 1, 2021 (superseded document available); Amendment Laws 2021, HB 2646, c. 553, § 11, eff. November 1, 2021, amended by Laws 2022, SB 1367, c. 249, § 1, as amended by Laws 2022, SB 1704, c. 328, § 1, eff. November 1, 2022; Amendment Laws 2021, HB 2646, c. 553, § 11, eff. November 1, 2021, amended by SB 1543, c. 251, § 10, eff. November 1, 2022 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.7 - Medical Marijuana Use Registry - Confidential
Cite as: 63 O.S. § 427.7 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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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 identifier; 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 records maintained by the Authority shall comply with all applicable state and federal privacy laws. Such records shall be marked as confidential, shall not be made available to the public, and shall only be made available to the licensee, designee of the licensee, 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 protect the privacy of medical marijuana patient license applicants and licensees.
Historical Data
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Laws 2019, HB 2612, c. 11, § 7, amended by Laws 2019, HB 2601, c. 477, § 8; Laws 2019, HB 2612, c. 11, § 7, amended by Laws 2019, SB 1030, c. 509, § 5; Amendment by Laws 2019, HB 2601, c. 477, § 8, repealed by Laws 2020, SB 1948, c. 161, § 50, emerg. eff. May 21, 2020 (superseded document available); Amended by Laws 2021, HB 2646, c. 553, § 12, eff. November 1, 2021 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.8 - Rights - Municipal and County Governing Bodies - Property or Business Owner - Definitions
Cite as: 63 O.S. § 427.8 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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A. The rights to possess the marijuana products set forth in Section 420 of Title 63 of the Oklahoma Statutes are cumulative and a duly licensed individual may possess at any one time the totality of the items listed therein and not be in violation of this act so long as the individual holds a valid patient license or caregiver license.
B. Municipal and county governing bodies may not enact medical marijuana guidelines which restrict or interfere with the rights of a licensed patient or caregiver to possess, purchase, cultivate or transport medical marijuana within the legal limits set forth in this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes or require patients or caregivers to obtain permits or licenses in addition to the state-required licenses provided herein.
C. Nothing in this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes shall prohibit a residential or commercial property or business owner from prohibiting the consumption of medical marijuana or medical marijuana product by smoke or vaporization on the premises, within the structures of the premises or within ten (10) feet of the entryway to the premises. However, a medical marijuana patient shall not be denied the right to consume or use other medical marijuana products which are otherwise legal and do not involve the smoking or vaporization of cannabis when lawfully recommended pursuant to Section 420 of Title 63 of the Oklahoma Statutes.
D. A medical marijuana patient or caregiver licensee shall not be denied eligibility in public assistance programs including, but not limited to, Medicaid, Supplemental Nutrition Assistance Program (SNAP), Women, Infants, and Children Nutrition Program (WIC), Temporary Assistance for Needy Families (TANF) or other such public assistance programs based solely on his or her status as a medical marijuana patient or caregiver licensee, unless required by federal law.
E. A medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessories based solely on his or her status as a medical marijuana patient or caregiver licensee. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, ammunition, or firearm accessories or any related firearms license or certification based solely on their status as a medical marijuana patient or caregiver licensee.
F. A medical marijuana patient or caregiver in actual possession of a medical marijuana license shall not be subject to arrest, prosecution or penalty in any manner or denied any right, privilege or public assistance, under state law or municipal or county ordinance or resolution including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this act.
G. A government medical assistance program shall not be required to reimburse a person for costs associated with the medical use of marijuana unless federal law requires reimbursement.
H. Unless otherwise required by federal law or required to obtain federal funding:
1. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of such applicant's or employee's status as a medical marijuana licensee; and
2. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive test for marijuana components or metabolites, unless:
a. the applicant or employee is not in possession of a valid medical marijuana license,
b. the licensee possesses, consumes or is under the influence of medical marijuana or medical marijuana product while at the place of employment or during the fulfillment of employment obligations, or
c. the position is one involving safety-sensitive job duties, as such term is defined in subsection K of this section.
I. Nothing in this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes shall:
1. Require an employer to permit or accommodate the use of medical marijuana on the property or premises of any place of employment or during hours of employment;
2. Require an employer, a government medical assistance program, private health insurer, worker's compensation carrier or self-insured employer providing worker's compensation benefits to reimburse a person for costs associated with the use of medical marijuana; or
3. Prevent an employer from having written policies regarding drug testing and impairment in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act, Section 551 et seq. of Title 40 of the Oklahoma Statutes.
J. Any applicant or employee aggrieved by a willful violation of this section shall have, as his or her exclusive remedy, the same remedies as provided for in the Oklahoma Standards for Workplace Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of the Oklahoma Statutes.
K. As used in this section:
1. "Safety-sensitive" nbsp; "Safety-sensitive" means any job that includes tasks or duties that the employer reasonably believes could affect the safety and health of the employee performing the task or others including, but not limited to, any of the following:
a. the handling, packaging, processing, storage, disposal or transport of hazardous materials,
b. the operation of a motor vehicle, other vehicle, equipment, machinery or power tools,
c. repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage,
d. performing firefighting duties,
e. the operation, maintenance or oversight of critical services and infrastructure including, but not limited to, electric, gas, and water utilities, power generation or distribution,
f. the extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals or any other highly regulated component,
g. dispensing pharmaceuticals,
h. carrying a firearm, or
i. direct patient care or direct child care; and
2. A "positive test for marijuana components or metabolites" nbsp; "positive test for marijuana components or metabolites" means a result that is at or above the cutoff concentration level established by the United States Department of Transportation or Oklahoma law regarding being under the influence, whichever is lower.
L. All smokable, vaporized, vapable and e-cigarette medical marijuana product inhaled through vaporization or smoked by a medical marijuana licensee are subject to the same restrictions for tobacco under Section 1-1521 of Title 63 of the Oklahoma Statutes, commonly referred to as the "Smoking in Public Places and Indoor Workplaces Act".
Historical Data
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Laws 2019, HB 2612, c. 11, § 8.
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.9 - Verify the Need - Disabled Veteran - License Valid Two Years
Cite as: 63 O.S. § 427.9 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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A. The Oklahoma Medical Marijuana Authority may contact the recommending physician of an applicant for a medical marijuana patient license or current holder of a medical marijuana patient license to verify the need of the applicant or licensee for the license and the information submitted with the application.
B. An applicant for a medical marijuana patient license who can demonstrate his or her status as a one-hundred-percent-disabled veteran as determined by the U.S. Department of Veterans Affairs and codified at 38 C.F.R., Section 3.340(a)(2013) shall pay a reduced biannual application fee of Twenty Dollars ($20.00). The methods of payment, as determined by the Authority, shall be provided on the website. However, the Authority shall ensure that all applicants have an option to submit the license application and payment by means other than solely by submission of the application and fee online.
C. The patient license shall be valid for up to two (2) years from the date of issuance, unless the recommendation of the physician is terminated pursuant to the Oklahoma Medical Marijuana and Patient Protection Act or revoked by the Authority.
Historical Data
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Laws 2019, HB 2612, c. 11, § 9; Amended by Laws 2021, HB 2646, c. 553, § 13, eff. November 1, 2021 (superseded document available); Amended by Laws 2022, SB 1543, c. 251, § 11, eff. November 1, 2022 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.10 - Licensed Physicians Allowed to Provide a Medical Marijuana Recommendation
Cite as: 63 O.S. § 427.10 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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A. Only licensed Oklahoma allopathic, osteopathic and podiatric physicians may provide a medical marijuana recommendation for a medical marijuana patient license under the Oklahoma Medical Marijuana and Patient Protection Act.
B. A physician who has not completed his or her first residency shall not meet the definition of "physician" nbsp; "physician" under this section and any recommendation for a medical marijuana patient license shall not be processed by the Authority.
C. No physician shall be subject to arrest, prosecution or penalty in any manner or denied any right or privilege under state, municipal or county statute, ordinance or resolution, including without limitation a civil penalty or disciplinary action by the State Board of Medical Licensure and Supervision, the State Board of Osteopathic Examiners, the Board of Podiatric Medical Examiners or by any other business, occupation or professional licensing board or bureau, solely for providing a medical marijuana recommendation for a patient or for monitoring, treating or prescribing scheduled medication to patients who are medical marijuana licensees. The provisions of this subsection shall not prevent the relevant professional licensing boards from sanctioning a physician for failing to properly evaluate the medical condition of a patient or for otherwise violating the applicable physician-patient standard of care.
D. A physician who recommends use of medical marijuana shall not be located at the same physical address as a licensed medical marijuana dispensary.
E. If the physician determines the continued use of medical marijuana by the patient no longer meets the requirements set forth in the Oklahoma Medical Marijuana and Patient Protection Act, the physician shall notify the Oklahoma Medical Marijuana Authority and the license shall be immediately voided without right to an individual proceeding.
Historical Data
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Laws 2019, HB 2612, c. 11, § 10, amended by Laws 2019, HB 2613, c. 390, § 2; Amended by Laws 2021, HB 2646, c. 553, § 14, eff. November 1, 2021 (superseded document available); Amended by Laws 2022, SB 1543, c. 251, § 12, eff. November 1, 2022 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.11 - Caregiver License
Cite as: 63 O.S. § 427.11 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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A. 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 pursuant to the Oklahoma 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. Caregivers shall be authorized to deliver marijuana and products to their authorized patients. Caregivers shall be authorized to possess medical marijuana and medical marijuana products up to the sum of the possession limits for the patients under his or her care pursuant to the Oklahoma Medical Marijuana and Patient Protection Act.
B. An individual caregiver shall be limited to exercising the marijuana cultivation rights of no more than five licensed patients as prescribed by the Oklahoma Medical Marijuana and Patient Protection Act.
C. The license of a caregiver shall not extend beyond the expiration date of the underlying patient license regardless of the issue date.
D. A medical marijuana patient license holder may request, at any time, to withdraw the license of his or her caregiver. In the event that such a request is made or upon the expiration of the medical marijuana license of the patient, the license of the caregiver shall be immediately withdrawn by the Oklahoma Medical Marijuana Authority without the right to a hearing.
Historical Data
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Laws 2019, HB 2612, c. 11, § 11; Amended by Laws 2021, HB 2646, c. 553, § 15, eff. November 1, 2021 (superseded document available); Amended by Laws 2022, SB 1543, c. 251, § 13, eff. November 1, 2022 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.12 - Medical Marijuana Grown by Medical Marijuana Patient License Holders or Caregivers
Cite as: 63 O.S. § 427.12 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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A. All medical marijuana grown by medical marijuana patient license holders or caregivers may only be grown on real property owned by the patient license holder or on real property for which the patient license holder has the property owner's written permission to grow marijuana on the property.
B. All medical marijuana plants grown by a patient or caregiver shall be grown so that the marijuana is not accessible to a member of the general public. No marijuana plants shall be visible from any street adjacent to the property. For purposes of this section, "visible" nbsp; "visible" means viewable by a normal person with 20/20 eyesight without the use of any device to assist in improving viewing distance or vantage point.
C. It is expressly prohibited to operate extraction equipment or utilize extraction processes if the equipment or process utilizes butane, propane, carbon dioxide or any potentially hazardous material in a residential property.
Historical Data
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Laws 2019, HB 2612, c. 11, § 12.
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.13 - Purchasing - Oversight and Auditing - Inventory Tracking
Cite as: 63 O.S. § 427.13 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
Version 2 (amended by Laws 2021, HB 2646, c. 553, § 16, eff. November 1, 2021) (amended by Laws 2022, SB 1543, c. 251, § 14, eff. November 1, 2022)
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A. All medical marijuana and medical marijuana products shall be purchased solely from a state-licensed medical marijuana business, and shall not be purchased from any out-of-state providers.
B. 1. The Authority shall have oversight and auditing responsibilities to ensure that all marijuana being grown in this state is accounted for and shall implement an inventory tracking system. Pursuant to these duties, the Authority shall require that each medical marijuana business, medical marijuana research facility, medical marijuana education facility and medical marijuana waste disposal facility keep records for every transaction with another medical marijuana business, patient or caregiver. Inventory shall be tracked and updated after each individual sale and reported to the Authority.
2. The inventory tracking system licensees use shall allow for integration of other seed-to-sale systems and, at a minimum, shall include the following:
a. notification of when marijuana seeds and clones are planted,
b. notification of when marijuana plants are harvested and destroyed,
c. notification of when marijuana is transported, sold, stolen, diverted or lost,
d. a complete inventory of all marijuana, seeds, plant tissue, clones, plants, usable marijuana or trim, leaves and other plant matter, batches of extract, and marijuana concentrates,
e. all samples sent to a testing laboratory, an unused portion of a sample returned to a licensee, all samples utilized by licensee for purposes of negotiating a sale, and
f. all samples used for quality testing by a licensee.
3. Each medical marijuana business, medical marijuana research facility, medical marijuana education facility and medical marijuana waste disposal facility shall use a seed-to-sale tracking system or integrate its own seed-to-sale tracking system with the seed-to-sale tracking system established by the Authority.
4. These records shall include, but not be limited to, the following:
a. the name and license number of the medical marijuana business that cultivated, manufactured or sold the medical marijuana or medical marijuana product,
b. the address and phone number of the medical marijuana business that cultivated, manufactured or sold the medical marijuana or medical marijuana product,
c. the type of product received during the transaction,
d. the batch number of the marijuana plant used,
e. the date of the transaction,
f. the total spent in dollars,
g. all point-of-sale records,
h. marijuana excise tax records, and
i. any additional information as may be reasonably required by the Executive Director of the Oklahoma Medical Marijuana Authority.
5. All inventory tracking records retained by a medical marijuana business, medical marijuana research facility, medical marijuana education facility or medical marijuana waste disposal facility containing medical marijuana patient or caregiver information shall comply with all relevant state and federal laws including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Historical Data
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Laws 2019, HB 2612, c. 11, § 13; Amended by Laws 2021, SB 1033, c. 584, § 7, emerg. eff. May 28, 2021 (superseded document available); Amended by Laws 2021, HB 2646, c. 553, § 16, eff. November 1, 2021 (superseded document available); Amendment by Laws 2021, HB 2646, c. 553, § 16, eff. November 1, 2021, amended by Laws 2022, SB 1543, c. 251, § 14, eff. November 1, 2022 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.14 - Medical Marijuana Business License - Fee - Application - Rules
Cite as: 63 O.S. § 427.14 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
Version 3 (as amended by Laws 2022, HB 2179, c. 332, § 4, eff. June 1, 2023) (as amended by Laws 2023, SB 0913, c. 41, § 1, emerg. eff. April 20, 2023) (Amended by Laws 2023, SB 813, c. 322, § 7, emerg. eff. June 1, 2023)
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A. There is hereby created the medical marijuana business license, which shall include the following categories:
1. Medical marijuana commercial grower;
2. Medical marijuana processor;
3. Medical marijuana dispensary;
4. Medical marijuana transporter; and
5. Medical marijuana testing laboratory.
B. The Oklahoma Medical Marijuana Authority, with the aid of the Office of Management and Enterprise Services, shall develop a website for medical marijuana business applications.
C. The Authority shall make available on its website in an easy-to-find location, applications for a medical marijuana business.
D. 1. The annual, nonrefundable fee for a medical marijuana transporter license shall be Two Thousand Five Hundred Dollars ($2,500.00).
2. The initial, nonrefundable fee for a medical marijuana commercial grower license shall be calculated based upon the total amount of square feet of canopy or acres the grower estimates will be harvested, transferred, or sold for the year. The annual, nonrefundable license fee shall be based upon the total amount of square feet of canopy or acres harvested, transferred, or sold by the grower during the previous twelve (12) months. The amount of the fees shall be determined as follows:
a. For an indoor, greenhouse, or light deprivation medical marijuana grow facility:
(1) Tier 1: Up to ten thousand (10,000) square feet of canopy, the fee shall be Two Thousand Five Hundred Dollars ($2,500.00),
(2) Tier 2: Ten thousand one (10,001) square feet of canopy to twenty thousand (20,000) square feet of canopy, the fee shall be Five Thousand Dollars ($5,000.00),
(3) Tier 3: Twenty thousand one (20,001) square feet of canopy to forty thousand (40,000) square feet of canopy, the fee shall be Ten Thousand Dollars ($10,000.00),
(4) Tier 4: Forty thousand one (40,001) square feet of canopy to sixty thousand (60,000) square feet of canopy, the fee shall be Twenty Thousand Dollars ($20,000.00),
(5) Tier 5: Sixty thousand one (60,001) square feet of canopy to eighty thousand (80,000) square feet of canopy, the fee shall be Thirty Thousand Dollars ($30,000.00),
(6) Tier 6: Eighty thousand one (80,001) square feet of canopy to ninety-nine thousand nine hundred ninety-nine (99,999) square feet of canopy, the fee shall be Forty Thousand Dollars ($40,000.00), and
(7) Tier 7: One hundred thousand (100,000) square feet of canopy and beyond, the fee shall be Fifty Thousand Dollars ($50,000.00), plus an additional twenty-five cents ($0.25) per square foot of canopy over one hundred thousand (100,000) square feet.
b. For an outdoor medical marijuana grow facility:
(1) Tier 1: Less than two and one-half (2 1/2) acres, the fee shall be Two Thousand Five Hundred Dollars ($2,500.00),
(2) Tier 2: More than two and one-half (2 1/2) acres up to five (5) acres, the fee shall be Five Thousand Dollars ($5,000.00),
(3) Tier 3: More than five (5) acres up to ten (10) acres, the fee shall be Ten Thousand Dollars ($10,000.00),
(4) Tier 4: More than ten (10) acres up to twenty (20) acres, the fee shall be Twenty Thousand Dollars ($20,000.00),
(5) Tier 5: More than twenty (20) acres up to thirty (30) acres, the fee shall be Thirty Thousand Dollars ($30,000.00),
(6) Tier 6: More than thirty (30) acres up to forty (40) acres, the fee shall be Forty Thousand Dollars ($40,000.00),
(7) Tier 7: More than forty (40) acres up to fifty (50) acres, the fee shall be Fifty Thousand Dollars ($50,000.00), and
(8) Tier 8: If the amount of acreage exceeds fifty (50) acres, the fee shall be Fifty Thousand Dollars ($50,000.00) plus an additional Two Hundred Fifty Dollars ($250.00) per acre.
c. For a medical marijuana commercial grower that has a combination of both indoor and outdoor growing facilities at one location, the medical marijuana commercial grower shall be required to obtain a separate license from the Authority for each type of grow operation and shall be subject to the licensing fees provided for in subparagraphs a and b of this paragraph.
d. As used in this paragraph:
(1) “canopy” means the total surface area within a cultivation area that is dedicated to the cultivation of flowering marijuana plants. The surface area of the plant canopy must be calculated in square feet and measured and must include all of the area within the boundaries where the cultivation of the flowering marijuana plants occurs. If the surface of the plant canopy consists of noncontiguous areas, each component area must be separated by identifiable boundaries. If a tiered or shelving system is used in the cultivation area, the surface area of each tier or shelf must be included in calculating the area of the plant canopy. Calculation of the area of the plant canopy may not include the areas within the cultivation area that are used to cultivate immature marijuana plants and seedlings, prior to flowering, and that are not used at any time to cultivate mature marijuana plants. If the flowering plants are vertically grown in cylinders, the square footage of the canopy shall be measured by the circumference of the cylinder multiplied by the total length of the cylinder,
(2) “greenhouse” means a structure located outdoors that is completely covered by a material that allows a controlled level of light transmission, and
(3) “light deprivation” means a structure that has concrete floors and the ability to manipulate natural light.
3. The initial, nonrefundable fee for a medical marijuana processor license shall be Two Thousand Five Hundred Dollars ($2,500.00). The annual, nonrefundable license fee for a medical marijuana processor license shall be determined based on the previous twelve (12) months as follows:
a. Tier 1: The transfer or sale of zero (0) to ten thousand (10,000) pounds of biomass or the production, transfer, or sale of up to one hundred (100) liters of cannabis concentrate, whichever is greater, the annual fee shall be Two Thousand Five Hundred Dollars ($2,500.00),
b. Tier 2: The transfer or sale of ten thousand one (10,001) pounds to fifty thousand (50,000) pounds of biomass or the production, transfer, or sale of one hundred one (101) to three hundred fifty (350) liters of cannabis concentrate, whichever is greater, the annual fee shall be Five Thousand Dollars ($5,000.00),
c. Tier 3: The transfer or sale of fifty thousand one (50,001) pounds to one hundred fifty thousand (150,000) pounds of biomass or the production, transfer, or sale of three hundred fifty-one (351) to six hundred fifty (650) liters of cannabis concentrate, whichever is greater, the annual fee shall be Ten Thousand Dollars ($10,000.00),
d. Tier 4: The transfer or sale of one hundred fifty thousand one (150,001) pounds to three hundred thousand (300,000) pounds of biomass or the production, transfer, or sale of six hundred fifty-one (651) to one thousand (1,000) liters of cannabis concentrate, whichever is greater, the annual fee shall be Fifteen Thousand Dollars ($15,000.00), and
e. Tier 5: The transfer or sale of more than three hundred thousand one (300,001) pounds of biomass or the production, transfer, or sale in excess of one thousand one (1,001) liters of cannabis concentrate, the annual fee shall be Twenty Thousand Dollars ($20,000.00).
For purposes of this paragraph only, if the cannabis concentrate is in nonliquid form, every one thousand (1,000) grams of concentrated marijuana shall be calculated as one (1) liter of cannabis concentrate.
4. The initial, nonrefundable fee for a medical marijuana dispensary license shall be Two Thousand Five Hundred Dollars ($2,500.00). The annual, nonrefundable license fee for a medical marijuana dispensary license shall be calculated at ten percent (10%) of the sum of twelve (12) calendar months of the combined annual state sales tax and state excise tax of the dispensary during the previous twelve (12) months. The minimum fee shall be not less than Two Thousand Five Hundred Dollars ($2,500.00) and the maximum fee shall not exceed Ten Thousand Dollars ($10,000.00).
5. The annual, nonrefundable license fee for a medical marijuana testing laboratory shall be Twenty Thousand Dollars ($20,000.00).
E. All applicants seeking licensure or licensure renewal as a medical marijuana business shall comply with the following general requirements:
1. All applications for licenses and registrations authorized pursuant to this section shall be made upon forms prescribed by the Authority;
2. Each application shall identify the city or county in which the applicant seeks to obtain licensure as a medical marijuana business;
3. Applicants shall submit a complete application to the Authority before the application may be accepted or considered;
4. All applications shall be complete and accurate in every detail;
5. All applications shall include all attachments or supplemental information required by the forms supplied by the Authority;
6. All applications for a transporter license, initial dispensary license, initial processor license, or laboratory license shall be accompanied by a full remittance for the whole amount of the license fee as set forth in subsection D of this section. All submissions of grower applications, renewal processor applications, and renewal dispensary applications shall be accompanied by a remittance of a fee of Two Thousand Five Hundred Dollars ($2,500.00). The Authority shall invoice license applicants, if applicable, for any additional licensing fees owed pursuant to subsection D of this section prior to approval of a license application. License fees are nonrefundable;
7. All applicants shall be approved for licensing review that, at a minimum, meet the following criteria:
a. twenty-five (25) years of age or older,
b. if applying as an individual, proof that the applicant is an Oklahoma resident pursuant to paragraph 11 of this subsection,
c. if applying as an entity, proof that seventy-five percent (75%) of all members, managers, executive officers, partners, board members or any other form of business ownership are Oklahoma residents pursuant to paragraph 11 of this subsection,
d. if applying as an individual or entity, proof that the individual or entity is registered to conduct business in this state,
e. disclosure of all ownership interests pursuant to the Oklahoma Medical Marijuana and Patient Protection Act, and
f. proof that the medical marijuana business, medical marijuana research facility, medical marijuana education facility and medical marijuana waste disposal facility applicant or licensee has not been convicted of a nonviolent felony in the last two (2) years, or any other felony conviction within the last five (5) years, is not a current inmate in the custody of the Department of Corrections, or currently incarcerated in a jail or corrections facility.
Upon reasonable suspicion that a medical marijuana business licensee is illegally growing, processing, transferring, selling, disposing, or diverting marijuana, the Authority, the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of Investigation, or the Attorney General may subpoena documents necessary to establish the personal identifying information of all owners and individuals with any ownership interest in the business;
8. There shall be no limit to the number of medical marijuana business licenses or categories that an individual or entity can apply for or receive, although each application and each category shall require a separate application, application fee, or license fee. A commercial grower, processor and dispensary, or any combination thereof, are authorized to share the same address or physical location, subject to the restrictions set forth in the Oklahoma Medical Marijuana and Patient Protection Act;
9. All applicants for a medical marijuana business license, research facility license or education facility license authorized by the Oklahoma Medical Marijuana and Patient Protection Act, or for a renewal of such license, shall undergo a national fingerprint-based background check conducted by the Oklahoma State Bureau of Investigation (OSBI) within thirty (30) days prior to the application for the license, including:
a. individual applicants applying on their own behalf,
b. individuals applying on behalf of an entity,
c. all principal officers of an entity, and
d. all owners of an entity as defined by the Oklahoma Medical Marijuana and Patient Protection Act;
10. All applicable fees charged by the OSBI are the responsibility of the applicant and shall not be higher than fees charged to any other person or industry for such background checks;
11. In order to be considered an Oklahoma resident for purposes of a medical marijuana business application, all applicants shall provide proof of Oklahoma residency for at least two (2) years immediately preceding the date of application or five (5) years of continuous Oklahoma residency during the preceding twenty-five (25) years immediately preceding the date of application. Sufficient documentation of proof of residency shall include a combination of the following:
a. an unexpired Oklahoma-issued driver license,
b. an Oklahoma identification card,
c. a utility bill preceding the date of application, excluding cellular telephone and Internet bills,
d. a residential property deed to property in this state, and
e. a rental agreement preceding the date of application for residential property located in this state.
Applicants that were issued a medical marijuana business license prior to August 30, 2019, are hereby exempt from the two-year or five-year Oklahoma residence requirement mentioned above;
12. All license applicants shall be required to submit a registration with the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control as provided in Sections 2-302 through 2-304 of this title;
13. All applicants shall establish their identity through submission of a color copy or digital image of one of the following unexpired documents:
a. front of an Oklahoma driver license,
b. front of an Oklahoma identification card,
c. a United States passport or other photo identification issued by the United States government, or
d. a tribal identification card approved for identification purposes by the Department of Public Safety; and
14. All applicants shall submit an applicant photograph.
F. The Authority shall review the medical marijuana business application; approve, reject, or deny the application; and send the approval, rejection, denial, or status-update letter to the applicant in the same method the application was submitted to the Authority within ninety (90) business days of receipt of the application.
G. 1. The Authority shall review the medical marijuana business applications, conduct all investigations, inspections, and interviews, and collect all license and application fees before approving the application.
2. Approved applicants shall be issued a medical marijuana business license for the specific category applied under, which shall act as proof of their approved status. Rejection and denial letters shall provide a reason for the rejection or denial. Applications may only be rejected or denied based on the applicant not meeting the standards set forth in the provisions of the Oklahoma Medical Marijuana and Patient Protection Act and Sections 420 through 426.1 of this title, improper completion of the application, unpaid license or application fees, or for a reason provided for in the Oklahoma Medical Marijuana and Patient Protection Act and Sections 420 through 426.1 of this title. If an application is rejected for failure to provide required information, the applicant shall have thirty (30) days to submit the required information for reconsideration. Unless the Authority determines otherwise, an application that has been resubmitted but is still incomplete or contains errors that are not clerical or typographical in nature shall be denied.
3. Status-update letters shall provide a reason for delay in either approval, rejection or denial should a situation arise in which an application was submitted properly but a delay in processing the application occurred.
4. Approval, rejection, denial or status-update letters shall be sent to the applicant in the same method the application was submitted to the Authority.
H. A license for a medical marijuana business, medical marijuana research facility, medical marijuana education facility or medical marijuana waste disposal facility shall not be issued to or held by:
1. A person until all required fees have been paid;
2. A person who has been convicted of a nonviolent felony within two (2) years of the date of application, or within five (5) years for any other felony;
3. A corporation, if the criminal history of any of its officers, directors or stockholders indicates that the officer, director or stockholder has been convicted of a nonviolent felony within two (2) years of the date of application, or within five (5) years for any other felony;
4. A person under twenty-five (25) years of age;
5. A person licensed pursuant to this section who, during a period of licensure, or who, at the time of application, has failed to:
a. file taxes, interest or penalties due related to a medical marijuana business, or
b. pay taxes, interest or penalties due related to a medical marijuana business;
6. A sheriff, deputy sheriff, police officer or prosecuting officer, or an officer or employee of the Authority or municipality;
7. A person whose authority to be a caregiver, as defined in Section 427.2 of this title, has been revoked by the Authority; or
8. A person who was involved in the management or operations of any medical marijuana business, medical marijuana research facility, medical marijuana education facility or medical marijuana waste disposal facility that, after the initiation of a disciplinary action, has had a medical marijuana license revoked, not renewed, or surrendered during the five (5) years preceding submission of the application and for the following violations:
a. unlawful sales or purchases,
b. any fraudulent acts, falsification of records or misrepresentation to the Authority, medical marijuana patient licensees, caregiver licensees or medical marijuana business licensees,
c. any grossly inaccurate or fraudulent reporting,
d. threatening or harming any medical marijuana patient, caregiver, medical practitioner or employee of the Authority,
e. knowingly or intentionally refusing to permit the Authority access to premises or records,
f. using a prohibited, hazardous substance for processing in a residential area,
g. criminal acts relating to the operation of a medical marijuana business, or
h. any violations that endanger public health and safety or product safety.
I. In investigating the qualifications of an applicant or a licensee, the Authority and municipalities may have access to criminal history record information furnished by a criminal justice agency subject to any restrictions imposed by such an agency.
J. The failure of an applicant or licensee to provide the requested information by the Authority deadline may be grounds for denial of the application.
K. All applicants and licensees shall submit information to the Authority in a full, faithful, truthful and fair manner. The Authority may recommend denial of an application where the applicant or licensee made misstatements, omissions, misrepresentations or untruths in the application or in connection with the background investigation of the applicant. This type of conduct may be grounds for administrative action against the applicant or licensee. Typos and scrivener errors shall not be grounds for denial.
L. A licensed medical marijuana business premises shall be subject to and responsible for compliance with applicable provisions consistent with the zoning where such business is located as described in the most recent versions of the Oklahoma Uniform Building Code, the International Building Code and the International Fire Code, unless granted an exemption by a municipality or appropriate code enforcement entity.
M. All medical marijuana business, medical marijuana research facility, medical marijuana education facility and medical marijuana waste disposal facility licensees shall pay the relevant licensure fees prior to receiving licensure to operate.
N. A medical marijuana business, medical marijuana research facility, medical marijuana education facility or medical marijuana waste disposal facility that attempts to renew its license after the expiration date of the license shall pay a late renewal fee in an amount to be determined by the Authority to reinstate the license. Late renewal fees are nonrefundable. A license that has been expired for more than ninety (90) days shall not be renewed.
O. No medical marijuana business, medical marijuana research facility, medical marijuana education facility or medical marijuana waste disposal facility shall possess, sell or transfer medical marijuana or medical marijuana products without a valid, unexpired license issued by the Authority.
P. No more than one medical marijuana commercial grower license shall be issued for any one property.
Q. The Executive Director of the Authority may promulgate rules to implement the provisions of this section including, but not limited to, required application materials to be submitted by the applicant and utilized by the Authority to determine medical marijuana business licensing fees pursuant to this section.
Historical Data
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Laws 2019, HB 2612, c. 11, § 14, amended by Laws 2019, HB 2601, c. 477, § 9 (repealed by Laws 2020, SB 1948, c. 161, § 52, emerg. eff. May 21, 2020); Laws 2019, HB 2612, c. 11, § 14, amended by Laws 2019, SB 1030, c. 509, § 6; Amended by Laws 2020, SB 1948, c. 161, § 51, emerg. eff. May 21, 2020 (superseded document available); Amended by Laws 2021, SB 1033, c. 584, § 8, emerg. eff. May 28, 2021 (superseded document available); Amended by Laws 2021, HB 2646, c. 553, § 17, eff. November 1, 2021 (superseded document available); Amendment by Laws 2021, HB 2646, c. 553, § 17, eff. November 1, 2021, amended by Laws 2022, SB 1543, c. 251, § 15, as amended by Laws 2022, SB 1704, c. 328, § 2, eff. November 1, 2022 (superseded document available); Amended by Laws 2022, HB 2179, c. 332, § 4, eff. June 1, 2023, as amended by Laws 2023, SB 0913, c. 41, § 1, emerg. eff. April 20, 2023. (superseded document available); Amended by Laws 2023, HB 2095, c. 168, § 3, eff. November 1, 2023; Amended by Laws 2023, SB 813, c. 322, § 6, emerg. eff. June 1, 2023 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.14a - Credentialing - Promulgation of Rules
Cite as: 63 O.S. § 427.14a (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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A. Beginning January 1, 2024, the Oklahoma Medical Marijuana Authority shall require employees of a medical marijuana business licensee to apply for and receive a credential authorizing the employee to work in a licensed medical marijuana business.
B. The Authority may contract with one or more third-party vendors to provide the credentialing services necessary to carry out the provisions of this section.
C. The Authority shall determine the services to be provided by such third-party vendor and shall establish costs and prices. If contracted for credentialing services, a third-party vendor shall on behalf of the Authority conduct the background checks and verify eligibility and suitability for any employees of a medical marijuana business license holder to obtain a credential.
D. Upon successful completion by the third-party vendor of the statutorily required background checks and verification of eligibility and suitability for an employee, the third-party vendor shall issue a credential to the employee. The results of background checks and verifications shall be provided to the Authority by the third-party vendor.
E. If the third-party vendor determines that an employee of a medical marijuana business holder does not meet the minimum statutory requirements for a credential, the applicant or employee shall have no recourse against the third-party vendor but may appeal such adverse determination to the Authority.
F. The third-party vendor shall not be civilly liable to an applicant, licensee, or employee of a licensee for any acts taken in good-faith compliance with the provisions of Section 420 et seq. of Title 63 of the Oklahoma Statutes and the Oklahoma Medical Marijuana and Patient Protection Act and the rules promulgated by the Oklahoma Medical Marijuana Authority.
G. The Executive Director of the Authority may promulgate rules to implement the provisions of this section.
Historical Data
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Laws 2022, SB 1704, c. 328, § 3, eff. November 1, 2022.
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.14b - Moratorium on New Licenses - Promulgate Rules
Cite as: 63 O.S. § 427.14b (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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A. Beginning August 1, 2022, and ending August 1, 2024, the Oklahoma Medical Marijuana Authority shall, based on the number of current medical marijuana business licenses for dispensaries, processors, and commercial growers, declare and establish a moratorium on processing and issuing new medical marijuana business licenses for dispensaries, processors, and commercial growers. The Executive Director of the Authority shall be authorized to terminate the moratorium at any time prior to August 1, 2024, if the Executive Director determines that all pending licensing reviews, inspections, or investigations have been completed by the Authority.
B. The provisions of this section shall not apply to the renewal of a medical marijuana business license for a dispensary, processor, or commercial grower under the provisions of Section 427.14 of Title 63 of the Oklahoma Statutes or to the issuance of a medical marijuana business license necessitated by a change in the ownership or location of a medical marijuana dispensary, medical marijuana processor, or medical marijuana commercial grower; provided, however, the Authority shall be authorized to deny the request for issuance of a medical marijuana business license due to a change in ownership if the licensee is subject to any disciplinary action that may necessitate the revocation, suspension, or nonrenewal of the medical marijuana business license.
C. The Authority shall review and process applications for medical marijuana business licenses for dispensaries, processors, and commercial growers if applications were received on or before August 1, 2022.
D. The Authority shall promulgate rules as necessary to implement the provisions of this section.
Historical Data
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Laws 2022, HB 3208, c. 342, § 3.
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.15 - Policies and Procedures for Disclosure - Attestation of Foreign Financial Interests
Cite as: 63 O.S. § 427.15 (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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A. The Oklahoma Medical Marijuana Authority is hereby authorized to develop policies and procedures for disclosure by a medical marijuana business of financial interest and ownership.
B. Upon the effective date of this act, current medical marijuana business licensees and applicants seeking licensure as a medical marijuana business shall be required to submit under penalty of perjury an attestation confirming or denying the existence of any foreign financial interests in the medical marijuana business operation and shall disclose the identity of such ownership, if applicable. Medical marijuana business licensees shall, within sixty (60) days after the effective date of this act, submit such attestation to the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control. Applicants for a medical marijuana business license shall, within sixty (60) days after the approval of a medical marijuana business license application by the Oklahoma Medical Marijuana Authority, submit such attestation to the Bureau. Failure to submit the attestation or accompanying information to the Bureau within the specified sixty-day time period shall result in the immediate revocation of the medical marijuana business license. The Bureau shall prescribe the form of the attestation required under the provisions of this subsection and shall make the form available on its publicly accessible Internet website.
Historical Data
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Laws 2019, HB 2612, c. 11, § 15; Amended by Laws 2021, HB 2272, c. 482, § 1, emerg. eff. July 1, 2021 (superseded document available).
Oklahoma Statutes Citationized
Title 63. Public Health and Safety
Chapter 15 - Narcotic Drugs
Oklahoma Medical Marijuana and Patient Protection Act
Section 427.15a - Publicly Traded Company - Definition - Authority to Purchase Equity
Cite as: 63 O.S. § 427.15a (OSCN 2023), Oklahoma Medical Marijuana and Patient Protection Act
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For purposes of this section, "publicly traded company" nbsp; "publicly traded company" means a business entity organized under the laws of the United States or Canada where the domicile for the business entity permits the sale of marijuana and such business entity has a class of securities that are registered and traded for investment pursuant to the Security Exchange Act of 1934 or listed and traded for investment on a reputable recognized foreign stock exchange or foreign market exchange.
On and after the effective date of this act, a publicly traded company as defined herein is authorized to purchase up to forty percent (40%) of the equity in an existing Oklahoma business that holds a valid Oklahoma medical marijuana grower, processor or transporter license; provided, however, the only Oklahoma business qualified for investment or equity purchase under this section must have held a valid medical marijuana grower, processor or transporter license for at least eighteen (18) months prior to the investment or equity purchase and must be currently operating in good standing in this state. A licensed medical marijuana dispensary shall not be qualified for investment or equity purchase under the provisions of this section.
Historical Data
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