1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 116 By: Bullard
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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 425, as last amended by Section 2,
8 Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022, Section
8 425), which relates to discrimination against medical
9 marijuana license holder; prohibiting certain medical
9 marijuana facilities from operating in certain areas;
10 amending 63 O.S. 2021, Section 427.2, as last amended
10 by Section 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp.
11 2022, Section 427.2), which relates to definitions;
11 adding definition; updating statutory language; and
12 providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as last
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16 amended by Section 2, Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022,
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17 Section 425), is amended to read as follows:
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18 Section 425. A. No school or landlord may refuse to enroll or
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19 lease to and may not otherwise penalize a person solely for his or
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20 her status as a medical marijuana patient licensee, unless failing
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21 to do so would cause the school or landlord the potential to lose a
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22 monetary or licensing-related benefit under federal law or
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23 regulations.
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 1 B. Unless a failure to do so would cause an employer the
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2 potential to lose a monetary or licensing-related benefit under
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3 federal law or regulations, an employer may not discriminate against
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4 a person in hiring, termination or imposing any term or condition of
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5 employment or otherwise penalize a person based upon the status of
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6 the person as a medical marijuana patient licensee. Employers may
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7 take action against a medical marijuana patient licensee if the
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8 licensee uses or possesses marijuana while in his or her place of
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9 employment or during the hours of employment. Employers may not
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10 take action against a medical marijuana patient licensee solely
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11 based upon the status of an employee as a medical marijuana patient
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12 licensee or the results of a drug test showing positive for
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13 marijuana or its components.
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14 C. For the purposes of medical care, including organ
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15 transplants, the authorized use of marijuana by a medical marijuana
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16 patient licensee shall be considered the equivalent of the use of
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17 any other medication under the direction of a physician and does not
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18 constitute the use of an illicit substance or otherwise disqualify a
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19 registered qualifying patient from medical care.
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20 D. No medical marijuana patient licensee may be denied custody
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21 of or visitation or parenting time with a minor child, and there is
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22 no presumption of neglect or child endangerment for conduct allowed
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23 under this law unless the behavior of the medical marijuana patient
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 1 licensee creates an unreasonable danger to the safety of the minor
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2 child.
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3 E. No person who possesses a medical marijuana patient license
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4 may be unduly withheld from holding another state-issued license by
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5 virtue of his or her status as a medical marijuana patient licensee
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6 including, but not limited to, a concealed carry permit.
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7 F. 1. No city or local municipality may unduly change or
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8 restrict zoning laws to prevent the opening of a medical marijuana
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9 dispensary.
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10 2. For purposes of this subsection, an undue change or
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11 restriction of municipal zoning laws means an act which entirely
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12 prevents medical marijuana dispensaries from operating within
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13 municipal boundaries as a matter of law. Municipalities may follow
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14 their standard planning and zoning procedures to determine if
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15 certain zones or districts would be appropriate for locating
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16 marijuana-licensed premises, medical marijuana businesses or any
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17 other premises where marijuana or its by-products are cultivated,
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18 grown, processed, stored or manufactured.
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19 3. A medical marijuana dispensary does not include those other
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20 entities licensed by the Oklahoma Medical Marijuana Authority as
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21 marijuana-licensed premises, medical marijuana businesses or other
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22 facilities or locations where marijuana or any product containing
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23 marijuana or its by-products are cultivated, grown, processed,
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24 stored or manufactured.
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 1 G. 1. The location of any medical marijuana dispensary is
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2 specifically prohibited within one thousand (1,000) feet of any
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3 public school or private school. The distance indicated in this
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4 paragraph shall be measured from the nearest property line of such
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5 public school or private school to the nearest perimeter wall of the
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6 licensed premises of such medical marijuana dispensary. If a
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7 medical marijuana dispensary met the requirements of this paragraph
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8 at the time of its initial licensure, the medical marijuana
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9 dispensary licensee shall be permitted to continue operating at the
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10 licensed premises in the same manner and not be subject to
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11 nonrenewal or revocation due to subsequent events or changes in
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12 regulations occurring after licensure that would render the medical
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13 marijuana dispensary in violation by being within one thousand
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14 (1,000) feet of a public school or private school. If any public
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15 school or private school is established within one thousand (1,000)
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16 feet of any medical marijuana dispensary after such medical
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17 marijuana dispensary has been licensed, the provisions of this
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18 paragraph shall not be a deterrent to the renewal of such license or
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19 warrant revocation of the license. For purposes of this paragraph,
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20 a property owned, used or operated by a public school or by a
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21 private school that is not used for classroom instruction on core
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22 curriculum, such as an administrative building, athletic facility,
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23 ballpark, field or stadium, shall not constitute a public school or
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 1 private school unless such property is located on the same campus as
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2 a building used for classroom instruction on core curriculum.
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3 2. The location of any medical marijuana commercial grower
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4 shall not be within one thousand (1,000) feet of any public school
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5 or private school as measured from the nearest property line of such
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6 public school or private school to the nearest property line of the
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7 licensed premises of such medical marijuana commercial grower.
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8 Additionally, the location of the medical marijuana commercial
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9 grower shall not adjoin to any public school or private school or be
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10 located at the same physical address as the public school or private
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11 school. If a medical marijuana commercial grower met the
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12 requirements of this paragraph at the time of its initial licensure,
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13 the medical marijuana commercial grower licensee shall be permitted
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14 to continue operating at the licensed premises in the same manner
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15 and not be subject to nonrenewal or revocation due to subsequent
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16 events or changes in regulations occurring after licensure that
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17 would render the medical marijuana commercial grower in violation of
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18 this paragraph. If any public school or private school is
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19 established within one thousand (1,000) feet of any medical
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20 marijuana commercial grower after such medical marijuana commercial
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21 grower has been licensed, or if any public school or private school
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22 is established adjoining to or at the same physical address as any
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23 medical marijuana commercial grower after such medical marijuana
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24 commercial grower has been licensed, the provisions of this
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 1 paragraph shall not be a deterrent to the renewal of such license or
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2 warrant revocation of the license. For purposes of this paragraph,
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3 a property owned, used, or operated by a public school or by a
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4 private school that is not used for classroom instruction on core
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5 curriculum, such as an administrative building, athletic facility,
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6 ballpark, field, or stadium, shall not constitute a public school or
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7 private school unless such property is located on the same campus as
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8 a building used for classroom instruction on core curriculum.
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9 H. The location of any medical marijuana commercial grower
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10 shall not be within one thousand (1,000) feet of any place of
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11 worship as defined in paragraph 50 of Section 427.2 of this title as
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12 measured from the nearest property line of such place of worship to
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13 the nearest property line of the licensed premises of such medical
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14 marijuana commercial grower. Additionally, the location of the
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15 medical marijuana commercial grower shall not adjoin to any place of
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16 worship or be located at the same physical address as the place of
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17 worship. If a medical marijuana commercial grower met the
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18 requirements of this paragraph at the time of its initial licensure,
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19 the medical marijuana commercial grower licensee shall be permitted
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20 to continue operating at the licensed premises in the same manner
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21 and not be subject to nonrenewal or revocation due to subsequent
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22 events or changes in regulations occurring after licensure that
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23 would render the medical marijuana commercial grower in violation of
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24 this paragraph. If any place of worship is established within one
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 1 thousand (1,000) feet of any medical marijuana commercial grower
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2 after such medical marijuana commercial grower has been licensed, or
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3 if any place of worship is established adjoining to or at the same
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4 physical address as any medical marijuana commercial grower after
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5 such medical marijuana commercial grower has been licensed, the
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6 provisions of this paragraph shall not be a deterrent to the renewal
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7 of such license or warrant revocation of the license. For purposes
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8 of this paragraph, a property owned, used, or operated by a place of
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9 worship that is not used on a full-time basis for worship, such as
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10 any administrative building, office space, or storage facility,
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11 shall constitute a place of worship.
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12 I. Research shall be provided for under this law. A researcher
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13 may apply to the State Department of Health for a special research
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14 license. The research license shall be granted, provided the
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15 applicant meets the criteria listed in the Oklahoma Medical
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16 Marijuana and Patient Protection Act. Research licensees shall be
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17 required to file monthly consumption reports to the State Department
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18 of Health with amounts of marijuana used for research. Biomedical
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19 and clinical research which is subject to federal regulations and
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20 institutional oversight shall not be subject to oversight by the
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21 State Department of Health.
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22 SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.2, as
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23 last amended by Section 1, Chapter 317, O.S.L. 2022 (63 O.S. Supp.
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24 2022, Section 427.2), is amended to read as follows:
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 1 Section 427.2. As used in the Oklahoma Medical Marijuana and
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2 Patient Protection Act:
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3 1. “Advertising” means the act of providing consideration for
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4 the publication, dissemination, solicitation or circulation, of
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5 visual, oral or written communication to induce directly or
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6 indirectly any person to patronize a particular medical marijuana
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7 business, or to purchase particular medical marijuana or a medical
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8 marijuana product. Advertising includes marketing, but does not
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9 include packaging and labeling;
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10 2. “Authority” means the Oklahoma Medical Marijuana Authority;
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11 3. “Batch number” means a unique numeric or alphanumeric
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12 identifier assigned prior to testing to allow for inventory tracking
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13 and traceability;
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14 4. “Cannabinoid” means any of the chemical compounds that are
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15 active principles of marijuana;
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16 5. “Caregiver” means a family member or assistant who regularly
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17 looks after a medical marijuana license holder whom a physician
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18 attests needs assistance;
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19 6. “Child-resistant” means special packaging that is:
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20 a. designed or constructed to be significantly difficult
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21 for children under five (5) years of age to open and
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22 not difficult for normal adults to use properly as
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23 defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
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24 1700.20 (1995),
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 1 b. opaque so that the outermost packaging does not allow
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2 the product to be seen without opening the packaging
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3 material, and
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4 c. resealable to maintain its child-resistant
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5 effectiveness for multiple openings for any product
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6 intended for more than a single use or containing
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7 multiple servings;
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8 7. “Clone” means a nonflowering plant cut from a mother plant
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9 that is capable of developing into a new plant and has shown no
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10 signs of flowering;
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11 8. “Commissioner” means the State Commissioner of Health;
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12 9. “Complete application” means a document prepared in
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13 accordance with the provisions set forth in the Oklahoma Medical
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14 Marijuana and Patient Protection Act, rules promulgated pursuant
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15 thereto, and the forms and instructions provided by the Department
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16 including any supporting documentation required and the applicable
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17 license application fee;
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18 10. “Department” means the State Department of Health;
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19 11. “Director” means the Executive Director of the Oklahoma
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20 Medical Marijuana Authority;
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21 12. “Dispense” means the selling of medical marijuana or a
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22 medical marijuana product to a qualified patient or the designated
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23 caregiver of the patient that is packaged in a suitable container
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 1 appropriately labeled for subsequent administration to or use by a
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2 qualifying patient;
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3 13. “Dispensary” means a medical marijuana dispensary, an
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4 entity that has been licensed by the Department pursuant to the
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5 Oklahoma Medical Marijuana and Patient Protection Act to purchase
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6 medical marijuana or medical marijuana products from a licensed
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7 medical marijuana commercial grower or medical marijuana processor,
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8 sell medical marijuana or medical marijuana products to patients and
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9 caregivers as defined under the Oklahoma Medical Marijuana and
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10 Patient Protection Act, or sell or transfer products to another
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11 dispensary;
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12 14. “Edible medical marijuana product” means any medical-
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13 marijuana-infused product for which the intended use is oral
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14 consumption including, but not limited to, any type of food, drink
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15 or pill;
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16 15. “Entity” means an individual, general partnership, limited
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17 partnership, limited liability company, trust, estate, association,
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18 corporation, cooperative or any other legal or commercial entity;
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19 16. “Flower” means the reproductive organs of the marijuana or
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20 cannabis plant referred to as the bud or parts of the plant that are
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21 harvested and used to consume in a variety of medical marijuana
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22 products;
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 1 17. “Flowering” m