1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 810 By: Garvin
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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 427.16, as amended by Section 16,
8 Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
8 427.16), which relates to medical marijuana
9 transporter license; providing exception under
9 certain circumstances; allowing the Authority to
10 revoke exception; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.16, as
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15 amended by Section 16, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
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16 Section 427.16), is amended to read as follows:
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17 Section 427.16. A. There is hereby created a medical marijuana
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18 transporter license as a category of the medical marijuana business
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19 license.
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20 B. Pursuant to Section 424 of this title, the Oklahoma Medical
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21 Marijuana Authority shall issue a medical marijuana transporter
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22 license to licensed medical marijuana commercial growers, processors
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23 and dispensaries upon issuance of such licenses and upon each
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24 renewal. Medical marijuana transporter licenses shall also be
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Req. No. 621 Page 1
 1 issued to licensed medical marijuana research facilities, medical
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2 marijuana education facilities and medical marijuana testing
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3 laboratories upon issuance of such licenses and upon each renewal.
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4 C. A medical marijuana transporter license may also be issued
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5 to qualifying applicants who are registered with the Secretary of
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6 State and otherwise meet the requirements for a medical marijuana
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7 business license set forth in the Oklahoma Medical Marijuana and
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8 Patient Protection Act and the requirements set forth in this
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9 section to provide logistics, distribution and storage of medical
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10 marijuana, medical marijuana concentrate and medical marijuana
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11 products.
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12 D. A medical marijuana transporter license shall be valid for
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13 one (1) year and shall not be transferred with a change of
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14 ownership. A licensed medical marijuana transporter shall be
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15 responsible for all medical marijuana, medical marijuana concentrate
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16 and medical marijuana products once the transporter takes control of
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17 the product.
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18 E. A transporter license shall be required for any person or
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19 entity to transport or transfer medical marijuana, medical marijuana
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20 concentrate or medical marijuana products from a licensed medical
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21 marijuana business to another medical marijuana business, or from a
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22 medical marijuana business to a medical marijuana research facility
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23 or medical marijuana education facility.
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Req. No. 621 Page 2
 1 F. A medical marijuana transporter licensee may contract with
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2 multiple licensed medical marijuana businesses.
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3 G. A medical marijuana transporter may maintain a licensed
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4 premises to temporarily store medical marijuana, medical marijuana
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5 concentrate and medical marijuana products and to use as a
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6 centralized distribution point. A medical marijuana transporter may
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7 store and distribute medical marijuana, medical marijuana
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8 concentrate and medical marijuana products from the licensed
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9 premises. The licensed premises shall meet all security
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10 requirements applicable to a medical marijuana business.
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11 H. A medical marijuana transporter licensee shall use the seed-
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12 to-sale tracking system developed pursuant to the Oklahoma Medical
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13 Marijuana and Patient Protection Act to create shipping manifests
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14 documenting the transport of medical marijuana, medical marijuana
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15 concentrate and medical marijuana products throughout the state.
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16 I. A licensed medical marijuana transporter may maintain and
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17 operate one or more warehouses in the state to handle medical
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18 marijuana, medical marijuana concentrate and medical marijuana
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19 products. Each location shall be registered and inspected by the
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20 Authority prior to its use.
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21 J. With the exception of a lawful transfer between medical
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22 marijuana businesses who are licensed to operate at the same
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23 physical address, all medical marijuana, medical marijuana
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24 concentrate and medical marijuana products shall be transported:
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 1 1. In vehicles equipped with Global Positioning System (GPS)
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2 trackers;
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3 2. In a locked container and clearly labeled "Medical Marijuana
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4 or Derivative"; and
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5 3. In a secured area of the vehicle that is not accessible by
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6 the driver during transit.
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7 K. A transporter agent may possess marijuana at any location
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8 while the transporter agent is transferring marijuana to or from a
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9 licensed medical marijuana business, licensed medical marijuana
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10 research facility or licensed medical marijuana education facility.
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11 The Authority shall administer and enforce the provisions of this
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12 section concerning transportation.
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13 L. The Authority shall issue a transporter agent license to
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14 individual agents, employees, officers or owners of a transporter
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15 license in order for the individual to qualify to transport medical
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16 marijuana, medical marijuana concentrate or medical marijuana
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17 products.
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18 M. The annual fee for a transporter agent license shall be
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19 Twenty-five Dollars ($25.00) and shall be paid by the transporter
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20 license holder or the individual applicant. Transporter license
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21 reprints shall be Twenty Dollars ($20.00).
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22 N. The Authority shall issue each transporter agent a registry
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23 identification card within thirty (30) days of receipt of:
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24 1. The name, address and date of birth of the person;
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Req. No. 621 Page 4
 1 2. Proof of current state residency;
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2 3. Proof of identity as required for a medical marijuana
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3 business license;
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4 4. Possession of a valid state-issued driver license;
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5 5. Verification of employment with a licensed transporter;
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6 6. The application and affiliated fee; and
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7 7. A copy of the criminal background check conducted by the
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8 Oklahoma State Bureau of Investigation, paid for by the applicant.
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9 O. If the transporter agent application is denied, the
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10 Authority shall notify the transporter in writing of the reason for
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11 denying the registry identification card.
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12 P. A registry identification card for a transporter shall
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13 expire one (1) year after the date of issuance or upon notification
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14 from the holder of the transporter license that the transporter
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15 agent ceases to work as a transporter.
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16 Q. The Authority may revoke the registry identification card of
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17 a transporter agent who knowingly violates any provision of this
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18 section, and the transporter is subject to any other penalties
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19 established by law for the violation.
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20 R. The Authority may revoke or suspend the transporter license
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21 of a transporter that the Authority determines knowingly aided or
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22 facilitated a violation of any provision of this section, and the
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23 license holder is subject to any other penalties established in law
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24 for the violation.
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 1 S. Vehicles used in the transport of medical marijuana or
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2 medical marijuana product shall be:
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3 1. Insured at or above the legal requirements in this state;
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4 2. Capable of securing medical marijuana during transport; and
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5 3. In possession of a shipping container as defined in Section
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6 427.2 of this title capable of securing all transported products.
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7 T. Prior to the transport of any medical marijuana, medical
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8 marijuana concentrate or medical marijuana products, an inventory
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9 manifest shall be prepared at the origination point of the medical
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10 marijuana. The inventory manifest shall include the following
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11 information:
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12 1. For the origination point of the medical marijuana:
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13 a. the licensee number for the commercial grower,
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14 processor or dispensary,
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15 b. address of origination of transport, and
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16 c. name and contact information for the originating
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17 licensee;
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18 2. For the end recipient license holder of the medical
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19 marijuana:
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20 a. the license number for the dispensary, commercial
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21 grower, processor, research facility or education
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22 facility destination,
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23 b. address of the destination, and
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 1 c. name and contact information for the destination
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2 licensee;
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3 3. Quantities by weight or unit of each type of medical
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4 marijuana product contained in transport;
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5 4. The date of the transport and the approximate time of
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6 departure;
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7 5. The arrival date and estimated time of arrival;
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8 6. Printed names and signatures of the personnel accompanying
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9 the transport; and
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10 7. Notation of the transporting licensee.
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11 U. 1. A separate inventory manifest shall be prepared for each
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12 licensee receiving the medical marijuana.
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13 2. The transporter agent shall provide the other medical
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14 marijuana business with a copy of the inventory manifest at the time
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15 the product changes hands and after the other licensee prints his or
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16 her name and signs the inventory manifest.
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17 3. A receiving licensee shall refuse to accept any medical
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18 marijuana, medical marijuana concentrate or medical marijuana
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19 products that are not accompanied by an inventory manifest.
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20 4. Originating and receiving licensees shall maintain copies of
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21 inventory manifests and logs of quantities of medical marijuana
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22 received for seven (7) years from date of receipt.
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23 V. Upon written approval by the Authority, a medical marijuana
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24 business license holder may be exempt from the provisions of this
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 1 section for the purpose of transporting medical marijuana waste
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2 between licensed facilities; provided, the facilities are licensed
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3 under the same license holder. The Authority may, at any time,
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4 revoke this provision if the medical marijuana business license
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5 holder violates any provisions of Section 420 et seq. of this title.
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6 SECTION 2. This act shall become effective November 1, 2023.
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8 59-1-621 MR 1/18/2023 9:58:27 PM
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Statutes affected:
Introduced: 63-427.16
Senate Committee Substitute: 63-427.14, 63-427.16
Floor (Senate): 63-427.14, 63-427.16