1 STATE OF OKLAHOMA
2 1st Session of the 58th Legislature (2021)
3 HOUSE BILL 2646 By: Echols
4
5 AS INTRODUCED
6 An Act relating to medical marijuana; amending
Section 1, State Question No. 788, Initiative
7 Petition No. 412, as last amended by Section 44,
Chapter 161, O.S.L. 2020 (63 O.S. Supp. 2020, Section
8 420), which relates to patient and caregiver
licensing requirements; specifying measurements in
9 grams; clarifying scope of certain offense; updating
references to licensees; specifying biannual payment
10 of application fees for patient licenses; providing
for reprints of licenses; setting fee amount;
11 authorizing the State Department of Health to deny
patient license applications; removing certain
12 recordkeeping requirement; specifying types of
records the Department shall seal to protect privacy;
13 updating statutory references; clarifying application
requirements; amending Section 2, State Question No.
14 788, Initiative Petition No. 412 (63 O.S. Supp. 2020,
Section 421), which relates to dispensary licensing
15 requirements; updating language; increasing time
limitation for reviewing dispensary license
16 applications; authorizing the Department to deny
dispensary license applications; deleting penalties
17 for inaccurate reports and fraudulent sales;
authorizing licensed dispensaries to sell pre-rolled
18 marijuana; specifying types of products that can be
used for pre-rolled marijuana; providing testing,
19 packaging and labeling requirements; amending Section
3, State Question No. 788, Initiative Petition No.
20 412 (63 O.S. Supp. 2020, Section 422), which relates
to commercial grower licensing requirements;
21 increasing time limitation for reviewing commercial
grower license applications; authorizing the
22 Department to deny commercial grower license
applications; authorizing licensed commercial growers
23 to sell to other licensed commercial growers;
deleting penalties for inaccurate reports and
24 fraudulent sales; authorizing licensed commercial
Req. No. 5664 Page 1
1 growers to sell pre-rolled marijuana; specifying
types of products that can be used for pre-rolled
2 marijuana; providing testing, packaging and labeling
requirements; amending Section 4, State Question No.
3 788, Initiative Petition No. 412 (63 O.S. Supp. 2020,
Section 423), which relates to medical marijuana
4 processor licensing requirements; updating language;
increasing time limitation for reviewing processor
5 license applications; authorizing the Department to
deny processor license applications; providing for
6 twice-yearly inspections of processing operations;
deleting penalties for inaccurate reports and
7 fraudulent sales; specifying name of council
responsible for creating certain standards; amending
8 Section 6, State Question No. 788, Initiative
Petition No. 412, as last amended by Section 46,
9 Chapter 161, O.S.L. 2020 (63 O.S. Supp. 2020, Section
425), which relates to protections for medical
10 marijuana patient licensees; updating language;
deleting certain definition; specifying manner by
11 which distances between certain properties shall be
measured; providing exceptions; specifying name of
12 certain act; amending Section 7, State Question No.
788, Initiative Petition No. 412 (63 O.S. Supp. 2020,
13 Section 426), which relates to the taxation of
medical marijuana; updating language and name of
14 state agency; authorizing the State Department of
Health to use funds for drug and alcohol prevention;
15 amending Section 4, Chapter 509, O.S.L. 2019 (63 O.S.
Supp. 2020, Section 426.1), which relates to license
16 revocations and hearings; deleting certain exception;
updating language and statutory citations; modifying
17 information the State Department of Health may share
with law enforcement; providing for an online
18 verification system; directing the Department to
share list of marijuana-licensed premises with state
19 agencies; directing marijuana-licensed businesses to
submit certain documentation when requesting a change
20 in location; amending Section 2, Chapter 11, O.S.L.
2019, as last amended by Section 48, Chapter 161,
21 O.S.L. 2020, Section 3, Chapter 11, O.S.L. 2019, as
amended by Section 6, Chapter 477, O.S.L. 2019,
22 Section 4, Chapter 11, O.S.L. 2019, Section 6,
Chapter 11, O.S.L. 2019, as amended by Section 7,
23 Chapter 477, O.S.L. 2019, Section 7, Chapter 11,
O.S.L. 2019, as amended by Section 5, Chapter 509,
24 O.S.L. 2019, Section 9, Chapter 11, O.S.L. 2019,
Req. No. 5664 Page 2
1 Section 10, Chapter 11, O.S.L. 2019, as amended by
Section 2, Chapter 390, O.S.L. 2019, Section 11,
2 Chapter 11, O.S.L. 2019, Section 13, Chapter 11,
O.S.L. 2019, Section 14, Chapter 11, O.S.L. 2019, as
3 last amended by Section 51, Chapter 161, O.S.L. 2020,
Section 16, Chapter 11, O.S.L. 2019, Section 17,
4 Chapter 11, O.S.L. 2019, as amended by Section 4,
Chapter 312, O.S.L. 2019, Section 18, Chapter 11,
5 O.S.L. 2019, Section 19, Chapter 11, O.S.L. 2019,
Section 20, Chapter 11, O.S.L. 2019, Section 22,
6 Chapter 11, O.S.L. 2019 and Section 23, Chapter 11,
O.S.L. 2019, as amended by Section 11, Chapter 477,
7 O.S.L. 2019 (63 O.S. Supp. 2020, Sections 427.2,
427.3, 427.4, 427.6, 427.7, 427.9, 427.10, 427.11,
8 427.13, 427.14, 427.16, 427.17, 427.18, 427.19,
427.20, 427.22 and 427.23), which relate to the
9 Oklahoma Medical Marijuana and Patient Protection
Act; updating references to certain named act;
10 modifying scope of certain definitions; deleting
certain definitions; clarifying duties of the
11 Oklahoma Medical Marijuana Authority; authorizing the
Authority to establish fee schedule and collect fees;
12 removing notice requirement for inspections;
requiring medical marijuana business licensees to
13 submit samples to a quality assurance laboratory
under certain circumstances; allowing for on-site
14 inspections and investigations of medical marijuana
businesses and certain facilities; authorizing the
15 State Department of Health to enter certain
facilities; providing for postlicensure inspections;
16 providing for additional inspections under certain
circumstances; deleting notice provision; removing
17 option for licensees to obtain legal representation
prior to certain interview; providing for the
18 suspension or revocation of licenses for nonpayment
of penalties; establishing penalties for inaccurate
19 or fraudulent reports; authorizing the issuance of
written orders for alleged violations; specifying
20 contents of written orders; authorizing the
Department to impose disciplinary actions and
21 monetary penalties; allowing licensees to request an
administrative hearing; directing the Department to
22 initiate administrative proceedings upon such
request; authorizing the Department to issue certain
23 emergency order without notice or hearing; requiring
immediate compliance with provisions of the order;
24 providing for the assessment of penalties;
Req. No. 5664 Page 3
1 authorizing licensees to request a hearing;
clarifying privacy requirements for handling records
2 of patients and caregivers; deleting references to
certain federal act; directing the Authority to
3 protect patient and caregiver records and
information; authorizing the Authority to contact
4 recommending physicians of patient licensees;
clarifying term of application fee for disabled
5 veterans; expanding certain criminal and civil
protections to podiatrists; directing the Department
6 to immediately void licenses under certain
circumstances; allowing patients to request the
7 withdrawal of a caregiver license; providing for such
withdrawal without the right to a hearing; requiring
8 certain facilities to keep transaction records and
utilize seed-to-sale tracking system; directing
9 medical marijuana businesses and facilities that
retain inventory tracking records to comply with
10 state and federal privacy laws; deleting inventory
tracking records retention requirement; clarifying
11 term of application fee for medical marijuana
businesses; directing license renewal applicants to
12 comply with certain requirements; clarifying criteria
provisions for licensees; requiring criminal history
13 background checks for license renewal applicants;
modifying certain identification document
14 requirement; providing exemption from residency
requirement for certain medical marijuana business
15 license applicants; modifying list of identification
documents necessary for licensure; providing for the
16 denial of business license applications; providing
for the denial of resubmitted applications under
17 certain circumstances; prohibiting the issuance of
research, education and waste disposal facility
18 licenses to certain persons; removing directive to
consider additional information about applicants with
19 criminal history records; requesting licensees to
provide certain information to the Authority;
20 requiring medical marijuana research, education and
waste disposal facility licensees to pay licensure
21 fees prior to receiving license; establishing renewal
fee for expired licenses; making late renewal fees
22 nonrefundable; prohibiting the renewal of certain
expired licenses; prohibiting medical marijuana
23 businesses, research, education and waste disposal
facilities from operating without a valid, unexpired
24 license; allowing certain licensed medical marijuana
Req. No. 5664 Page 4
1 facilities to obtain medical marijuana transporter
licenses; reducing fee amount of annual transporter
2 agent license; establishing transporter agent license
reprint fee; clarifying residency requirement;
3 deleting certain inventory manifest requirement;
extending time limitation for maintaining copies of
4 inventory manifests and logs; modifying scope of
duties related to the development of testing
5 practices and research methods; providing
restrictions on laboratory ownership and the
6 employment of certain persons; removing mandate that
prohibits indirect beneficial owners from owning a
7 laboratory; allowing medical marijuana testing
laboratories to conduct certain research; authorizing
8 medical marijuana testing laboratories to accept
samples from licensed research and education
9 facilities; directing the Department to develop
standards and policies for validation procedures and
10 inventory tracking systems; prohibiting the testing
of samples from certain businesses; directing the
11 Department to develop standards and policies for the
immediate recall of medical marijuana products;
12 increasing time limitation for medical marijuana
testing laboratories to retain test results; removing
13 test-batch weight requirement; providing exception to
harvest-batch weight limitation; increasing number of
14 inspections required for medical marijuana testing
laboratories; allowing for additional investigations
15 and inspections of testing laboratories under certain
circumstances; modifying accreditation requirements
16 for testing laboratories; allowing licensed
commercial growers to transfer certain product to
17 licensed processors for decontamination or
remediation; authorizing licensed commercial growers
18 and licensed processors to transfer, sell or process
medical marijuana and medical marijuana products upon
19 achieving process validation; prohibiting the sale or
transfer of kief; providing an exception; eliminating
20 certain labeling requirement; clarifying terms of
application fee for medical marijuana research
21 license and medical marijuana education facility
license; clarifying certain application process
22 requirement for medical marijuana education facility
license applicants; declaring all medical marijuana
23 patient and caregiver records confidential and exempt
from the Oklahoma Open Records Act; making certain
24 records submitted to the Department confidential and
Req. No. 5664 Page 5
1 exempt from the Oklahoma Open Records Act;
authorizing the Department to share confidential
2 information with other state agencies; modifying name
of entity that recommends certain rules to the State
3 Commissioner of Health; authorizing the Department to
appoint additional members to the Medical Marijuana
4 Advisory Council; specifying makeup of Council;
authorizing the Department to tag or mark medical
5 marijuana and medical marijuana product under certain
conditions; authorizing the Department to embargo
6 medical marijuana and medical marijuana product;
making the removal or disposal of embargoed medical
7 marijuana and medical marijuana product without
permission unlawful; allowing the State Commissioner
8 of Health to institute actions in district court for
the condemnation and destruction of embargoed medical
9 marijuana and medical marijuana product that fails to
meet certain requirements; providing for the removal
10 of embargo after certain determination by the
Commissioner; providing exemption from liability;
11 providing for the destruction of medical marijuana
and medical marijuana product upon findings made by
12 the court; requiring expenses associated with
destruction, court costs and fees to be paid by owner
13 or defendant; authorizing courts to order delivery of
medical marijuana and medical marijuana product to
14 owner or defendant under certain circumstances;
directing expenses for supervision be paid to
15 Commissioner by certain person; amending Sections 2,
3 and 4, Chapter 337, O.S.L. 2019 (63 O.S. Supp.
16 2020, Sections 428.1, 429 and 430), which relate to
the Oklahoma Medical Marijuana Waste Management Act;
17 updating name of act; modifying scope of certain
definitions; authorizing the destruction of marijuana
18 roots and stalks; deleting documentation requirements
for entities that engage in the disposal of medical
19 marijuana waste; deleting requirement to maintain
disposal records; clarifying scope of certain
20 prohibited act; specifying manner by which distance
requirements shall be measured for waste disposal
21 facilities; removing alternative options for
liability insurance requirement; providing for annual
22 permits; directing the deposit of license and permit
fees into different revolving fund; providing for
23 codification; and providing an effective date.
24
Req. No. 5664 Page 6
1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
2 SECTION 1. AMENDATORY Section 1, State Question No. 788,
3 Initiative Petition No. 412, as last amended by Section 44, Chapter
4 161, O.S.L. 2020 (63 O.S. Supp. 2020, Section 420), is amended to
5 read as follows:
6 Section 420. A. A person in possession of a state-issued
7 medical marijuana patient license shall be able to:
8 1. Consume marijuana legally;
9 2. Legally possess up to three (3) ounces or eighty-four and
10 nine-tenths (84.9) grams of marijuana on their person;
11 3. Legally possess six mature marijuana plants;
12 4. Legally possess six seedling plants;
13 5. Legally possess one (1)