1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 SENATE BILL 1980 By: Paxton
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6 AS INTRODUCED
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7 An Act relating to medical marijuana; amending 63
7 O.S. 2021, Section 427.2, as last amended by Section
8 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2023,
8 Section 427.2), which relates to definitions;
9 defining term; modifying definition; and providing an
9 effective date.
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12 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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13 SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.2, as
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14 last amended by Section 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp.
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15 2023, Section 427.2), is amended to read as follows:
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16 Section 427.2. As used in the Oklahoma Medical Marijuana and
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17 Patient Protection Act:
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18 1. “Advertising” means the act of providing consideration for
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19 the publication, dissemination, solicitation or circulation, of
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20 visual, oral or written communication to induce directly or
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21 indirectly any person to patronize a particular medical marijuana
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22 business, or to purchase particular medical marijuana or a medical
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23 marijuana product. Advertising includes marketing, but does not
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24 include packaging and labeling;
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 1 2. “Authority” means the Oklahoma Medical Marijuana Authority;
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2 3. “Batch number” means a unique numeric or alphanumeric
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3 identifier assigned prior to testing to allow for inventory tracking
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4 and traceability;
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5 4. “Cannabinoid” means any of the chemical compounds that are
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6 active principles of marijuana;
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7 5. “Caregiver” means a family member or assistant who regularly
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8 looks after a medical marijuana license holder whom a physician
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9 attests needs assistance;
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10 6. “Child-resistant” means special packaging that is:
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11 a. designed or constructed to be significantly difficult
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12 for children under five (5) years of age to open and
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13 not difficult for normal adults to use properly as
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14 defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
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15 1700.20 (1995),
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16 b. opaque so that the outermost packaging does not allow
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17 the product to be seen without opening the packaging
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18 material, and
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19 c. resealable to maintain its child-resistant
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20 effectiveness for multiple openings for any product
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21 intended for more than a single use or containing
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22 multiple servings;
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 1 7. “Clone” means a nonflowering plant cut from a mother plant
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2 that is capable of developing into a new plant and has shown no
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3 signs of flowering;
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4 8. “Commissioner” means the State Commissioner of Health;
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5 9. “Complete application” means a document prepared in
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6 accordance with the provisions set forth in the Oklahoma Medical
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7 Marijuana and Patient Protection Act, rules promulgated pursuant
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8 thereto, and the forms and instructions provided by the Department
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9 including any supporting documentation required and the applicable
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10 license application fee;
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11 10. “Department” means the State Department of Health;
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12 11. “Director” means the Executive Director of the Oklahoma
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13 Medical Marijuana Authority;
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14 12. “Dispense” means the selling of medical marijuana or a
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15 medical marijuana product to a qualified patient or the designated
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16 caregiver of the patient that is packaged in a suitable container
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17 appropriately labeled for subsequent administration to or use by a
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18 qualifying patient;
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19 13. “Dispensary” means a medical marijuana dispensary, an
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20 entity that has been licensed by the Department pursuant to the
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21 Oklahoma Medical Marijuana and Patient Protection Act to purchase
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22 medical marijuana or medical marijuana products from a licensed
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23 medical marijuana commercial grower or medical marijuana processor,
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24 sell medical marijuana or medical marijuana products to patients and
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 1 caregivers as defined under the Oklahoma Medical Marijuana and
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2 Patient Protection Act, or sell or transfer products to another
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3 dispensary;
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4 14. “Edible medical marijuana product” means any medical-
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5 marijuana-infused product for which the intended use is oral
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6 consumption including, but not limited to, any type of food, drink
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7 or pill;
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8 15. “Entity” means an individual, general partnership, limited
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9 partnership, limited liability company, trust, estate, association,
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10 corporation, cooperative or any other legal or commercial entity;
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11 16. “Flower” means the reproductive organs of the marijuana or
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12 cannabis plant referred to as the bud or parts of the plant that are
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13 harvested and used to consume in a variety of medical marijuana
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14 products;
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15 17. “Flowering” means the reproductive state of the marijuana
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16 or cannabis plant in which there are physical signs of flower or
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17 budding out of the nodes of the stem;
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18 18. “Food-based medical marijuana concentrate” means a medical
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19 marijuana concentrate that was produced by extracting cannabinoids
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20 from medical marijuana through the use of propylene glycol,
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21 glycerin, butter, olive oil, coconut oil or other typical food-safe
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22 cooking fats;
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 1 19. “Good cause” for purposes of an initial, renewal or
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2 reinstatement license application, or for purposes of discipline of
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3 a licensee, means:
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4 a. the licensee or applicant has violated, does not meet,
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5 or has failed to comply with any of the terms,
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6 conditions or provisions of the act, any rules
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7 promulgated pursuant thereto, or any supplemental
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8 relevant state or local law, rule or regulation,
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9 b. the licensee or applicant has failed to comply with
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10 any special terms or conditions that were placed upon
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11 the license pursuant to an order of the State
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12 Department of Health, Oklahoma Medical Marijuana
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13 Authority or the municipality, or
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14 c. the licensed premises of a medical marijuana business
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15 or applicant have been operated in a manner that
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16 adversely affects the public health or welfare or the
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17 safety of the immediate vicinity in which the
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18 establishment is located;
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19 20. “Harvest batch” means a specifically identified quantity of
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20 medical marijuana that is uniform in strain, cultivated utilizing
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21 the same cultivation practices, harvested at the same time from the
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22 same location and cured under uniform conditions;
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23 21. “Harvested marijuana” means post-flowering medical
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24 marijuana not including trim, concentrate or waste;
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 1 22. “Heat- or pressure-based medical marijuana concentrate”
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2 means a medical marijuana concentrate that was produced by
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3 extracting cannabinoids from medical marijuana through the use of
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4 heat or pressure;
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5 23. “Hemp-derived cannabinoid product” means a product that
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6 contains cannabinoids that are extracted from hemp or resin from
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7 hemp by physical or chemical means and is intended for
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8 administration to a consumer including, but not limited to,
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9 concentrates, oils, tinctures, edibles, pills, topicals, gels,
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10 creams, and other derivative forms. The term shall also mean
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11 products available for animal or human consumption, which may be in
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12 the form of inhalation into the respiratory system and ingestion in
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13 the gastrointestinal system, or tissue absorption. The term shall
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14 not include seeds or seed-derived ingredients that are generally
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15 recognized as safe by the United States Food and Drug
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16 Administration;
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17 24. “Immature plant” means a nonflowering marijuana plant that
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18 has not demonstrated signs of flowering;
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19 24. 25. “Inventory tracking system” means the required tracking
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20 system that accounts for medical marijuana from either the seed or
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21 immature plant stage until the medical marijuana or medical
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22 marijuana product is sold to a patient at a medical marijuana
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23 dispensary, transferred to a medical marijuana research facility,
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 1 destroyed by a medical marijuana business or used in a research
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2 project by a medical marijuana research facility;
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3 25. 26. “Licensed patient” or “patient” means a person who has
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4 been issued a medical marijuana patient license by the State
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5 Department of Health or Oklahoma Medical Marijuana Authority;
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6 26. 27. “Licensed premises” means the premises specified in an
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7 application for a medical marijuana business license, medical
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8 marijuana research facility license or medical marijuana education
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9 facility license pursuant to the Oklahoma Medical Marijuana and
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10 Patient Protection Act that are owned or in possession of the
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11 licensee and within which the licensee is authorized to cultivate,
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12 manufacture, distribute, sell, store, transport, test or research
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13 medical marijuana or medical marijuana products in accordance with
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14 the provisions of the Oklahoma Medical Marijuana and Patient
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15 Protection Act and rules promulgated pursuant thereto;
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16 27. 28. “Manufacture” means the production, propagation,
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17 compounding or processing of a medical marijuana product, excluding
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18 marijuana plants, either directly or indirectly by extraction from
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19 substances of natural or synthetic origin, or independently by means
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20 of chemical synthesis, or by a combination of extraction and
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21 chemical synthesis;
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22 28. 29. “Marijuana” shall have the same meaning as such term is
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23 defined in Section 2-101 of this title and shall not include any
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24 plant or material containing delta-8 or delta-10
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 1 tetrahydrocannabinol which is grown, processed or sold pursuant to
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2 the provisions of the Oklahoma Industrial Hemp Program unless the
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3 plant or material containing delta-8 or delta-10
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4 tetrahydrocannabinol is used in a hemp-derived cannabinoid product;
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5 29. 30. “Material change” means any change that would require a
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6 substantive revision to the standard operating procedures of a
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7 licensee for the cultivation or production of medical marijuana,
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8 medical marijuana concentrate or medical marijuana products;
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9 30. 31. “Mature plant” means a harvestable female marijuana
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10 plant that is flowering;
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11 31. 32. “Medical marijuana business (MMB)” means a licensed
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12 medical marijuana dispensary, medical marijuana processor, medical
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13 marijuana commercial grower, medical marijuana laboratory, medical
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14 marijuana business operator or a medical marijuana transporter;
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15 32. 33. “Medical marijuana concentrate” or “concentrate” means
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16 a specific subset of medical marijuana that was produced by
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17 extracting cannabinoids from medical marijuana. Categories of
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18 medical marijuana concentrate include water-based medical marijuana
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19 concentrate, food-based medical marijuana concentrate, solvent-based
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20 medical marijuana concentrate, and heat- or pressure-based medical
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21 marijuana concentrate;
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22 33. 34. “Medical marijuana commercial grower” or “commercial
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23 grower” means an entity licensed to cultivate, prepare and package
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24 medical marijuana and transfer or contract for transfer medical
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 1 marijuana to a medical marijuana dispensary, medical marijuana
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2 processor, any other medical marijuana commercial grower, medical
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3 marijuana research facility, medical marijuana education facility
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4 and pesticide manufacturers. A commercial grower may sell seeds,
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5 flower or clones to commercial growers pursuant to the Oklahoma
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6 Medical Marijuana and Patient Protection Act;
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7 34. 35. “Medical marijuana education facility” or “education
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8 facility” means a person or entity approved pursuant to the Oklahoma
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9 Medical Marijuana and Patient Protection Act to operate a facility
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10 providing training and education to individuals involving the
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11 cultivation, growing, harvesting, curing, preparing, packaging or
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12 testing of medical marijuana, or the production, manufacture,
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13 extraction, processing, packaging or creation of medical-marijuana-
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14 infused products or medical marijuana products as described in the
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15 Oklahoma Medical Marijuana and Patient Protection Act;
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16 35. 36. “Medical-marijuana-infused product” means a product
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17 infused with medical marijuana including, but not limited to, edible
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18 products, ointments and tinctures;
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19 36. 37. “Medical marijuana product” or “product” means a
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20 product that contains cannabinoids that have been extracted from
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21 plant material or the resin therefrom by physical or chemical means
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22 and is intended for administration to a qualified patient including,
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23 but not limited to, oils, tinctures, edibles, pills, topical forms,
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24 gels, creams, vapors, patches, liquids and forms administered by a
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 1 nebulizer, excluding live plant forms which are considered medical
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2 marijuana;
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3 37. 38. “Medical marijuana processor” means a person or entity
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4 licensed pursuant to the Oklahoma Medical Marijuana and Patient
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5 Protection Act to operate a business including the production,
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6 manufacture, extraction, processing, packaging or creation of
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7 concentrate, medical-marijuana-infused products or medical marijuana
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8 products as described in the Oklahoma Medical Marijuana and Patient
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9 Protection Act;
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10 38. 39. “Medical marijuana research facility” or “research
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11 facility” means a person or entity approved pursuant to the Oklahoma
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12 Medical Marijuana and Patient Protection Act to conduct medical
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13 marijuana research. A medical marijuana research facility is not a
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14 medical marijuana business;
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15 39. 40. “Medical marijuana testing laboratory” or “laboratory”
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16 means a public or private laboratory licensed pursuant to the
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17 Oklahoma Medical Marijuana and Patient Protection Act, to conduct
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18 testing and research on medical marijuana and medical marijuana
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19 products;
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20 40. 41. “Medical marijuana transporter” or “transporter” means
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21 a person or entity that is licensed pursuant to the Oklahoma Medical
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22 Marijuana and Patient Protection Act. A medical marijuana
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23 transporter does not include a medical marijuana business that
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24 transports its own medical marijuana, medical marijuana concentrate
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 1 or medical marijuana products to a property or facility adjacent to
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2 or connected to the licensed premises if the property is another
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3 licensed premises of the same medical marijuana business;
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4 41. 42. “Medical marijuana waste” or “waste” means unused,
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5 surplus, returned or out-of-date marijuana, plant debris of the
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6 plant of the genus Cannabis including dead plants and all unused
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7 plant parts and roots, except the term shall not include roots,
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