1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 440 By: Garvin
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6 AS INTRODUCED
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7 An Act relating to medical marijuana; directing
7 promulgation of rules to impose limits on
8 tetrahydrocannabinol (THC) potency of medical
8 marijuana and medical marijuana products; setting
9 certain limits on potency; prohibiting licensed
9 medical marijuana dispensary from selling medical
10 marijuana or medical marijuana product that exceeds
10 potency limits; providing for codification; and
11 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. NEW LAW A new section of law to be codified
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16 in the Oklahoma Statutes as Section 427.18a of Title 63, unless
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17 there is created a duplication in numbering, reads as follows:
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18 A. The Executive Director of the Oklahoma Medical Marijuana
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19 Authority shall promulgate rules to limit the tetrahydrocannabinol
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20 (THC) potency of medical marijuana and medical marijuana products
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21 sold in medical marijuana dispensaries. The limits imposed by such
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22 rules shall be at the discretion of the Executive Director, provided
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23 that the limits do not exceed:
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 1 1. Thirty percent (30%) delta-9 tetrahydrocannabinol potency
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2 for medical marijuana and sixty percent (60%) delta-9
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3 tetrahydrocannabinol potency for medical marijuana products;
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4 2. Two percent (2%) delta-8 tetrahydrocannabinol potency for
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5 medical marijuana and medical marijuana products; and
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6 3. Zero percent (0%) potency of delta-10 tetrahydrocannabinol
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7 and all other isomers, precursors, and other variations of
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8 tetrahydrocannabinol for medical marijuana and medical marijuana
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9 products.
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10 B. A licensed medical marijuana dispensary shall not sell any
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11 medical marijuana or medical marijuana product that exceeds the THC
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12 potency limits imposed under this section.
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13 SECTION 2. This act shall become effective January 1, 2025.
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15 59-1-350 DC 1/17/2023 9:30:05 AM
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