1 STATE OF OKLAHOMA
2 1st Session of the 59th Legislature (2023)
3 HOUSE BILL 1347 By: Fetgatter
4
5
6 AS INTRODUCED
7 An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.13, as amended by Section 14,
8 Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
427.13), which relates to the Oklahoma Medical
9 Marijuana and Patient Protection Act; directing the
Oklahoma Medical Marijuana Authority to issue
10 requests for proposals; directing Authority to select
a vendor for seed-to-sale inventory tracking system;
11 providing time limitation; stating responsibilities
of the Authority; providing requirements for the
12 seed-to-sale inventory tracking system; directing the
Authority to provide training and training materials;
13 and declaring an emergency.
14
15
16 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
17 SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.13, as
18 amended by Section 14, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
19 Section 427.13), is amended to read as follows:
20 Section 427.13 A. All medical marijuana and medical marijuana
21 products shall be purchased solely from a state-licensed medical
22 marijuana business, and shall not be purchased from any out-of-state
23 providers.
24
Req. No. 5258 Page 1
1 B. 1. The Oklahoma Medical Marijuana Authority shall have
2 oversight and auditing responsibilities to ensure that all marijuana
3 being grown in this state is accounted for and shall implement an
4 inventory tracking system. Pursuant to these duties, the Authority
5 shall require that each medical marijuana business, medical
6 marijuana research facility, medical marijuana education facility
7 and medical marijuana waste disposal facility keep records for every
8 transaction with another medical marijuana business, patient or
9 caregiver. Inventory shall be tracked and updated after each
10 individual sale and reported to the Authority.
11 2. The inventory tracking system licensees use shall allow for
12 integration of other seed-to-sale systems and, at a minimum, shall
13 include the following:
14 a. notification of when marijuana seeds and clones are
15 planted,
16 b. notification of when marijuana plants are harvested
17 and destroyed,
18 c. notification of when marijuana is transported, sold,
19 stolen, diverted or lost,
20 d. a complete inventory of all marijuana, seeds, plant
21 tissue, clones, plants, usable marijuana or trim,
22 leaves and other plant matter, batches of extract, and
23 marijuana concentrates,
24
Req. No. 5258 Page 2
1 e. all samples sent to a testing laboratory, an unused
2 portion of a sample returned to a licensee, all
3 samples utilized by licensee for purposes of
4 negotiating a sale, and
5 f. all samples used for quality testing by a licensee.
6 3. Each medical marijuana business, medical marijuana research
7 facility, medical marijuana education facility and medical marijuana
8 waste disposal facility shall use a seed-to-sale tracking system or
9 integrate its own seed-to-sale tracking system with the seed-to-sale
10 tracking system established by the Authority.
11 4. These records shall include, but not be limited to, the
12 following:
13 a. the name and license number of the medical marijuana
14 business that cultivated, manufactured or sold the
15 medical marijuana or medical marijuana product,
16 b. the address and phone number of the medical marijuana
17 business that cultivated, manufactured or sold the
18 medical marijuana or medical marijuana product,
19 c. the type of product received during the transaction,
20 d. the batch number of the marijuana plant used,
21 e. the date of the transaction,
22 f. the total spent in dollars,
23 g. all point-of-sale records,
24 h. marijuana excise tax records, and
Req. No. 5258 Page 3
1 i. any additional information as may be reasonably
2 required by the Executive Director of the Oklahoma
3 Medical Marijuana Authority.
4 5. All inventory tracking records retained by a medical
5 marijuana business, medical marijuana research facility, medical
6 marijuana education facility or medical marijuana waste disposal
7 facility containing medical marijuana patient or caregiver
8 information shall comply with all relevant state and federal laws
9 including, but not limited to, the Health Insurance Portability and
10 Accountability Act of 1996 (HIPAA).
11 C. 1. Upon the effective date of this act, the Authority shall
12 have thirty (30) business days to issue a request for proposals and
13 select through a competitive bidding process, pursuant to Section
14 85.7 of Title 74 of the Oklahoma Statutes, a vendor that shall
15 provide a seed-to-sale inventory tracking system for medical
16 marijuana business licensees. The contract may be a multi-year
17 contract or renewable annually, in accordance with any applicable
18 guidelines or procedures required by the Authority.
19 2. The Authority shall be responsible for all costs associated
20 with the seed-to-sale tracking system chosen by the Authority. The
21 seed-to-sale inventory tracking system shall feature a software
22 infrastructure that provides maximum flexibility for the exchange of
23 data between the Authority and medical marijuana business licensees.
24 The seed-to-sale inventory tracking system shall allow the medical
Req. No. 5258 Page 4
1 marijuana business licensees to submit data to the Authority
2 directly through an application program interface (API), data
3 interchange service tool, or by means of a process and technology
4 acceptable to the Authority. If the Authority selects a vendor
5 whose proprietary software requires the utilization of barcodes,
6 radio-frequency identification tags (RFID), or quick response (QR)
7 codes to manage data entry, the Authority shall be responsible for
8 purchasing the equipment necessary for medical marijuana business
9 licensees to interface with the software of the seed-to-sale
10 inventory tracking system.
11 3. Upon selecting a vendor and prior to implementation of the
12 seed-to-sale inventory tracking system, the Authority shall be
13 responsible for providing sufficient training and training materials
14 to medical marijuana business licensees. Any administrative costs
15 related to training and training materials shall be the sole
16 responsibility of the Authority.
17 SECTION 2. REPEALER 63 O.S. 2021, Section 427.13, as
18 amended by Section 7, Chapter 584, O.S.L. 2021, is hereby repealed.
19 SECTION 3. It being immediately necessary for the preservation
20 of the public peace, health or safety, an emergency is hereby
21 declared to exist, by reason whereof this act shall take effect and
22 be in full force from and after its passage and approval.
23
24 59-1-5258 GRS 01/15/23
Req. No. 5258 Page 5


Statutes affected:
Introduced: 63-427.13, 63-584, 63-2021
Floor (House): 63-427.13, 63-584, 63-2021
Engrossed: 63-427.13, 63-584, 63-2021