HB 1877. Oklahoma Medical Marijuana Act of 2017.

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HB 1877. Oklahoma Medical Marijuana Act of 2017.
Short Title
Official Text HB 1877. Oklahoma Medical Marijuana Act of 2017.
Country/Jurisdiction United States
State or Province Oklahoma
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Text of the law

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1001 of Title 63, unless there is created a duplication in numbering, reads as follows: This act shall be known and may be cited as the "Oklahoma Medical Marijuana Act of 2017".
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1002 of Title 63, unless there is created a duplication in numbering, reads as follows:
As used in the Oklahoma Medical Marijuana Act of 2017:
1. "Acquire" or "acquisition" means coming to possess marijuana by means of any legal source herein authorized, not from an unauthorized source, and in accordance with this act and any rules promulgated under this act;
2. "Assist" or "assisting" means helping a qualifying patient make medical use of marijuana by enabling the medical use by any means authorized under this act;
3. "Cardholder" means a qualifying patient, a dispensary agent, a cultivation facility agent, or a designated caregiver;
4. "Cultivation facility" means an entity that:
a. has been licensed by the Medical Marijuana Commission created in Section 19 of this act,
b. cultivates, prepares, manufactures, processes and packages usable medical marijuana, and
c. sells and delivers usable medical marijuana to a dispensary;
5. "Cultivation facility agent" means an employee, supervisor or agent of a cultivation facility who:
a. is twenty-one (21) years of age or older,
b. works at the cultivation facility, and
c. has registered with the Alcoholic Beverage Laws Enforcement Commission under Section 9 of this act;
6. "Designated caregiver" means a person who is at least twenty-one (21) years of age, has not been convicted of an excluded violent crime, has agreed to assist a physically disabled qualifying patient with the medical use of marijuana, and who has registered with the State Department of Health under Section 5 of this act. Designated caregiver includes without limitation a parent:
a. of a qualifying patient who is under the age of eighteen (18), and
b. required to register as a designated caregiver under this act;
7. "Dispensary" means an entity that has been licensed by the Medical Marijuana Commission created in Section 19 of this act;
8. "Dispensary agent" means:
a. an employee, supervisor, volunteer, or agent of a dispensary who:
(1) is twenty-one (21) years of age or older,
(2) works at the dispensary, and
(3) has registered with the Alcoholic Beverage Laws Enforcement Commission under Section 9 of this act, and
b. an owner, officer, or board member of a dispensary who has registered with the Alcoholic Beverage Laws Enforcement Commission under Section 8 of this act;
9. "Enclosed, locked facility" means a room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by an authorized individual;
10. "Excluded violent crime" means:
a. a violent crime as defined in Section 571 of Title 57 of the Oklahoma Statutes. Provided, however, an offense that has been sealed by a court or for which a pardon has been granted is not considered an excluded violent crime, or
b. a violation of a state or federal controlled-substance law that was classified as a felony in the jurisdiction where the person was convicted, but not including:
(1) an offense for which the sentence, including any term of probation, incarceration or supervised release, was completed ten (10) or more years earlier, or
(2) an offense that has been sealed by a court or for which a pardon has been granted;
11. "Medical use" means the acquisition, possession, use, delivery, transfer or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a qualifying medical condition of a qualifying patient or symptoms associated with the qualifying medical condition of a qualifying patient;
12. "Physician" means a doctor of medicine or doctor of osteopathic medicine who holds a valid, unrestricted and existing license to practice in the State of Oklahoma and has been issued a registration from the United States Drug Enforcement Administration to prescribe controlled substances;
13. "Qualifying medical condition" means one or more of the following:
a. cancer, glaucoma, positive status for human immunodeficiency virus/acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Tourette's syndrome, Crohn's disease, ulcerative colitis, posttraumatic stress disorder, severe arthritis, fibromyalgia, Alzheimer's disease, or the treatment of these conditions,
b. a chronic or debilitating disease or medical condition or its treatment that produces one or more of the following: cachexia or wasting syndrome; peripheral neuropathy; intractable pain, which is pain that has not responded to ordinary medications, treatment or surgical measures for more than six (6) months; severe nausea; seizures, including without limitation those characteristic of epilepsy; or severe and persistent muscle spasms, including without limitation those characteristic of multiple sclerosis, and
c. any other medical condition or its treatment approved by the State Department of Health under Section 4 of this act;
14. "Qualifying patient" means a person who has been diagnosed by a physician as having a qualifying medical condition and who has registered with the State Department of Health under Section 5 of this act;
15. "Registry identification card" means a document issued by the Department that identifies a person as a qualifying patient, a dispensary agent, a cultivation facility agent or a designated caregiver;
16. "Sealed" means to expunge, remove, sequester and treat as confidential the record or records of a felony offense;
17. "Usable marijuana" means the stalks, seeds, roots, dried leaves, flowers, oils, vapors, waxes and other portions of the marijuana plant and any mixture or preparation thereof. Usable marijuana does not include the weight of any ingredients other than marijuana that are combined with marijuana and prepared for consumption as food or drink;
18. "Visiting qualifying patient" means a patient with a qualifying medical condition who is not a resident of Oklahoma or who has been a resident of Oklahoma for less than thirty (30) days and who is in actual possession of a registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth or insular possession of the United States and pertains to a qualifying medical condition as defined in this section; and
19. "Written certification" means a document signed by a physician stating that in the professional opinion of the physician, after having completed a full assessment of the medical history and current medical condition of the qualifying patient made in the course of a physician-patient relationship, the qualifying patient has a qualifying medical condition and the potential benefits of the medical use of marijuana would likely outweigh the health risks for the qualifying patient. A written certification shall specify the qualifying medical condition of the qualifying patient, which also shall be noted in the medical records of the qualifying patient.
SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1003 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. A qualifying patient or designated caregiver in actual possession of a registry identification card shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marijuana in accordance with this act if the qualifying patient or designated amount of usable marijuana that does not exceed the amount allowed under this act.
B. 1. A qualifying patient or designated caregiver is presumed to be lawfully engaged in the medical use of marijuana in accordance with this act if the qualifying patient or designated caregiver is in actual possession of a registry identification card and possesses an amount of usable marijuana that does not exceed the amount allowed under this act.
2. The presumption made in paragraph 1 of this subsection may be rebutted by evidence that conduct related to marijuana was not for the purpose of treating or alleviating the qualifying medical condition or symptoms of the qualifying patient associated with the qualifying medical condition in accordance with this act.
C. A qualifying patient or designated caregiver shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for giving or offering to give up to two and one-half (2 1/2) ounces of usable marijuana to a qualifying patient or designated caregiver for the medical use of the qualifying patient when nothing of value is transferred in return.
D. A designated caregiver is not prohibited from receiving compensation or reimbursement of expenses from a qualifying patient for assisting a qualifying patient with the medical use of marijuana.
E. A dispensary may:
1. Accept marijuana seedlings, plants or usable marijuana from:
a. cultivation facilities,
b. other dispensaries in Oklahoma, and
c. if permissible under federal law, out-of-state dispensaries;
2. Transfer or sell marijuana seedlings, plants or usable marijuana to:
a. cultivation facilities,
b. other dispensaries in Oklahoma, and
c. if permissible under federal law, out-of-state dispensaries; and
3. Accept marijuana seeds from any individual lawfully entitled to possess marijuana seeds, seedlings or plants under the laws of the state in which the individual resides.
F. 1. A school shall not refuse to enroll and a landlord shall not refuse to lease to, nor shall either otherwise penalize an individual solely for his or her status as a qualifying patient or designated caregiver unless doing so would put the school or landlord in violation of federal law or regulations.
2. For the purposes of medical care, including without limitation organ transplants, an authorized use of marijuana in accordance with this act by a qualifying patient is considered the equivalent of the authorized use of any other medication used at the direction of a physician and does not constitute the use of an illicit substance.
3. An employer shall not discriminate against an individual in hiring, termination or any term or condition of employment, or otherwise penalize an individual, based upon the past or present status of the individual as a qualifying patient or designated caregiver.
G. A person otherwise entitled to custody of, or visitation or parenting time with, a minor shall not be denied custody, visitation or parenting time solely for conduct allowed under this act, nor shall there be:
1. A finding of abuse solely for conduct allowed under this act; or
2. A presumption of neglect or child endangerment for conduct allowed under this act.
H. 1. A physician shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by the State Board of Medical Licensure and Supervision or by any other business, occupational or professional licensing board or bureau, solely for providing a written certification.
2. Paragraph 1 of subsection G of this section does not prevent a professional licensing board from sanctioning a physician for failing to properly evaluate the medical condition of a patient or for otherwise violating the applicable physician-patient standard of care.
I. A person shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for providing a qualifying patient or designated caregiver with marijuana paraphernalia for purposes of facilitating the medical use of marijuana by a qualifying patient.
J. Any marijuana, marijuana paraphernalia, personal property or interest in personal property that is possessed, owned or used exclusively in connection with the medical use of marijuana as allowed under this act, or property incidental to such use, shall not be seized or forfeited.
K. A person shall not be subject to arrest, prosecution or penalty in any manner or denied any right or privilege, including without limitation a civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, simply for being in the presence or vicinity of the medical use of marijuana as allowed under this act or for directly assisting a physically disabled qualifying patient with the medical use of marijuana.
L. 1. A registry identification card or its equivalent that is issued under the laws of another state,district,territory,commonwealth or insular possession of the United States that allows a visiting qualifying patient to possess or use marijuana for medical use in the jurisdiction of issuance has the same force and effect when held by a visiting qualifying patient as a registry identification card issued by the State Department of Health if the same qualifying medical condition exists.
2. A visiting qualifying patient may obtain marijuana from a dispensary upon producing evidence of his or her registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth or insular possession of the United States. The State Department of Health shall promulgate necessary rules concerning a visiting qualifying patient obtaining marijuana from a dispensary.
SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1004 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. The State Department of Health shall administer and enforce the provisions of this act concerning qualifying patients, qualifying medical conditions and designated caregivers, including without limitation the issuance of a registry identification card to a qualifying patient and designated caregiver. The Department shall adopt rules necessary to:
1. Carry out the purposes of this act; and
2. Perform its duties under this act. Rules adopted under this section are rules as defined in the Oklahoma Administrative Procedures Act.
B. Not later than one hundred twenty (120) days after the effective date of this act, the Department shall adopt rules governing:
1. The manner in which it considers applications for and renewals of registry identification cards;
2. Labeling and testing standards for marijuana distributed to qualifying patients; and
3. Any other matters necessary for the fair, impartial, stringent and comprehensive administration of this act by the Department.
C. 1. Not later than one hundred eighty (180) days after the effective date of this act, the Department shall adopt rules that govern the manner in which the Department considers petitions from the public to add medical conditions or treatments to the list of qualifying medical conditions set forth in Section 2 of this act.
2. In considering a petition, the Department shall add medical conditions or treatments to the list of qualifying medical conditions set forth in Section 2 of this act if patients suffering from the medical conditions or undergoing the treatments in question would derive therapeutic benefit from the use of marijuana, taking into account the positive and negative health effects of such use.
3. The Department shall, after hearing, approve or deny a petition within one hundred twenty (120) days of submission of the petition. The approval or denial of a petition constitutes final agency action, subject to judicial review, and jurisdiction for judicial review is vested in the Oklahoma County District Court.
D. The Department shall adopt rules within one hundred twenty (120) days of the effective date of this act that govern the manner in which a designated caregiver assists a physically disabled qualifying patient or a qualifying patient under the age of eighteen (18) with the medical use of marijuana.
SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1005 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. The State Department of Health shall issue registry identification cards to qualifying patients and designated caregivers who submit in accordance with the rules promulgated by the Department:
1. Written certification issued by a physician within thirty (30) days of the application;
2. A reasonable application or renewal fee as established by the Department by rule. The Department may establish a sliding scale of application and renewal fees based upon the family income of the qualifying patient;
3. The name, address and date of birth of the qualifying patient or designated caregiver, except that if the applicant is homeless, no address is required;
4. For a designated caregiver application:
a. the name of the physically disabled qualifying patient or qualifying patient under the age of eighteen (18) whom the applicant will be assisting, and
b. documentation from the physician of the qualifying patient indicating that the qualifying patient is physically disabled or under the age of eighteen (18);
5. The name, address and telephone number of the physician of the qualifying patient; and Identification
6. A signed statement from the qualifying patient or designated caregiver pledging not to divert marijuana to anyone who is not allowed to possess marijuana under this act.
B. The Department shall not issue a registry identification card to a qualifying patient who is under eighteen (18) years of age unless:
1. The physician of the qualifying patient has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian or person having legal custody of the qualifying patient; and
2. A parent, guardian or person having legal custody:
a. consents in writing to:
(1) allow the medical use of marijuana by a qualifying patient,
(2) assist the qualifying patient in the medical use of marijuana, and
(3) control the acquisition of the marijuana, the dosage and the frequency of the medical use of marijuana by the qualifying patient, and
b. registers as a designated caregiver under this act.
C. 1. The Department shall review the information contained in an application or renewal submitted under this section within fourteen (14) days of receiving it.
2. The Department shall deny an application or renewal if the:
a. applicant previously had a registry identification card revoked, or
b. the Department determines the written certification was not made in the context of a physician-patient relationship or that the written certification was fraudulently obtained.
3. Rejection of an application or renewal is considered a final agency action subject to judicial review, and jurisdiction is vested in the Oklahoma County District Court.
D. 1. A registry identification card expires one (1) year after the date of issuance unless the physician states in the written certification that he or she believes the qualifying patient would benefit from the medical use of marijuana only until a specified earlier date.
2. If the written certification specifies an earlier date, the registry identification card shall expire on that date.
E. 1. An application or renewal and supporting information submitted by a qualifying patient or designated caregiver under this act, including without limitation information regarding the physician of the qualifying patient, are considered confidential medical records.
2. The Department shall maintain a confidential list of the persons to whom the Department has issued registry identification cards. The Department may share information from the confidential list under this paragraph with the Alcoholic Beverage Laws Enforcement Commission and the Medical Marijuana Commission as necessary. Confidential information shared with the Alcoholic Beverage Laws Enforcement Commission or the Medical Marijuana Commission shall remain confidential while in the possession of either Commission. Individual names and other identifying information on the confidential list is confidential, exempt from the Freedom of Information Act, and not subject to disclosure except to authorized employees of the State Department of Health, Alcoholic Beverage Laws Enforcement Commission and Medical Marijuana Commission as necessary to perform their official duties.
3. The Department shall verify to law enforcement personnel whether a registry identification card is valid without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.
4. A person, including without limitation an employee or official of the State Department of Health, Alcoholic Beverage Laws Enforcement Commission and Medical Marijuana Commission, or other state agency or local government, who knowingly breaches the confidentiality of information obtained under this act commits a misdemeanor.
F. 1. Except as provided in Section 3 of this act, a cardholder who transfers marijuana to a person who is not a qualifying patient or designated caregiver under this act shall have his or her registry identification card revoked and shall be subject to any other penalties established by law.
2. The Department may revoke the registry identification card of any cardholder who knowingly violates any provision of this act, and the cardholder is subject to any other penalties established by law.
3. This subsection does not prohibit:
a. a qualifying patient or designated caregiver from giving up to two and one-half (2 1/2) ounces of usable marijuana to another qualifying patient or designated caregiver as set forth in Section 3 of this act, or
b. the transfer of marijuana seedlings, plants or usable marijuana set forth in Section 3 of this act.
G. The State Department of Health, Alcoholic Beverage Laws Enforcement Commission and Medical Marijuana Commission shall submit to the Legislature an annual report that does not disclose any identifying information about cardholders or physicians but contains at a minimum:
1. The number of applications and renewals filed for registry identification cards;
2. The nature of the qualifying medical conditions of the qualifying patients;
3.The number of registry identification cards revoked and the number of licenses to operate a dispensary and licensed to operate a cultivation facility revoked;
4. The number of physicians providing written certifications for qualifying patients;
5. The number of licensed dispensaries;
6. The number of licensed cultivation facilities;
7. The number of dispensary agents; and
8. The number of cultivation facility agents.
SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1006 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. This act does not permit a person to:
1. Undertake any task under the influence of marijuana when doing so would constitute negligence or professional malpractice;
2. Possess, smoke or otherwise engage in the use of marijuana:
a. on a school bus,
b. on the grounds of a daycare center, preschool, primary or secondary school, college or university,
c. at a drug or alcohol treatment facility,
d. at a community or recreation center,
e. in a correctional facility,
f. on any form of public transportation, or
g. in a public place; or
3. Operate, navigate or be in actual physical control of a motor vehicle, aircraft, motorized watercraft or any other vehicle drawn by power other than muscle power while under the influence of marijuana.
B. This act does not require:
1. A government medical assistance program or private health insurer to reimburse a person for costs associated with the medical use of marijuana unless federal law requires reimbursement;
2. An employer to accommodate the ingestion of marijuana in a workplace or an employee working while under the influence of marijuana;
3. An individual or establishment in lawful possession of property to allow a guest, client, customer or other visitor to use marijuana on or in that property;
4. An individual or establishment in lawful possession of property to admit a guest, client, customer or other visitor who is inebriated as a result of his or her medical use of marijuana; or
5.A landlord to permit a qualifying patient to smoke marijuana on or in leased property, except that a landlord may not prohibit the medical use of marijuana through means other than smoking on leased property by a qualifying patient.
SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1007 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. Except as provided in Section 6 of this act and this section, an individual may assert a medical purpose for using marijuana as an affirmative defense to prosecution for an offense involving marijuana intended for medical use by the individual, and this defense shall be presumed valid and the prosecution shall be dismissed where the evidence demonstrates that the individual is:
1. A qualifying patient or a designated caregiver; and
2. In compliance with the conditions set forth in Section 3 of this act.
B. The defense and motion to dismiss shall not prevail if either of the following are proven:
1. The registry identification card of the individual had been revoked at the time of the alleged offense; or
2. The purposes for the possession of marijuana were not solely for medical use.
C. An individual is not required to be in actual physical possession of a registry identification card to raise the affirmative defense set forth in this section.
D.If an individual demonstrates a medical use of marijuana under this section,except as provided in Section 6 of this act,the individual shall not be subject to the following:
1. Disciplinary action by a business or occupational or professional licensing board or bureau; or
2. Forfeiture of any interest in or right to non-marijuanarelated personal property.
SECTION 8. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1008 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. 1. Dispensaries and cultivation facilities shall be licensed by the Medical Marijuana Commission.
2. The Medical Marijuana Commission shall administer and regulate the licensing of dispensaries and cultivation facilities, including the issuance of a license to operate a dispensary and a license to operate a cultivation facility.
3. The Alcoholic Beverage Laws Enforcement Commission shall administer and enforce the provisions of this act concerning dispensaries and cultivation facilities.
B.The Medical Marijuana Commission & Alcoholic Beverage Laws Enforcement Commission shall each adopt rules necessary to carry out the purposes of this act and perform its duties under this act. Rules adopted under this section are rules as defined in the Oklahoma Administrative Procedures Act.
C.The following individuals associated with a dispensary or cultivation facility shall be current residents of Oklahoma who have resided in the state for the previous seven (7) consecutive years:
1. The individual submitting an application to license a dispensary or cultivation facility; and
2. Sixty percent (60%) of the individuals owning an interest in a dispensary or cultivation facility.
D. Not later than one hundred twenty (120) days after the effective date of this act, the Medical Marijuana Commission shall adopt rules governing:
1. The manner in which the Medical Marijuana Commission considers applications for and renewals of licenses for dispensaries and cultivation facilities;
2. The form and content of registration and renewal applications for dispensaries and cultivation facilities; and
3. Any other matters necessary for the fair, impartial, stringent and comprehensive administration of its duties under this act.
E.Not later than one hundred twenty (120) days after the effective date of this act,the Alcoholic Beverage Laws Enforcement Commission shall adopt rules governing:
1. Oversight requirements for dispensaries and cultivation facilities;
2. Recordkeeping requirements for dispensaries and cultivation facilities;
3. Security requirements for dispensaries and cultivation facilities;
4. Personnel requirements for dispensaries and cultivation facilities;
5. The manufacture, processing and packaging of usable marijuana and dispensing of it to qualifying patients and designated caregivers;
6. Procedures for suspending or terminating the licenses of dispensaries and cultivation facilities that violate the provisions of this act or the rules adopted under this act, procedures for appealing penalties, and a schedule of penalties;
7. Procedures for inspections and investigations of dispensaries and cultivation facilities;
8. Advertising restrictions for dispensaries and cultivation facilities;
9. Procedures for the disposal or other use of marijuana not dispensed to a qualifying patient; and
10. Any other matters necessary to the fair, impartial, stringent and comprehensive administration of its duties under this act.
F. 1. Not later than one hundred twenty (120) days after the effective date of this act, the Medical Marijuana Commission shall adopt rules establishing license application and license renewal fees for dispensary and cultivation facility licenses.
2. The initial dispensary application fee shall be a maximum of Seven Thousand Five Hundred Dollars ($7,500.00). The initial cultivation facility application fee shall be a maximum of Fifteen Thousand Dollars ($15,000.00).
G. 1.Not later than June 1, 2017, the Commission shall begin accepting applications for licenses to operate a dispensary and cultivation facility.
2. The application shall include without limitation the following:
a. the application fee,
b. the legal name of the dispensary or cultivation facility,
c. the physical address of the:
(1) dispensary, which location may not be within one thousand five hundred (1,500)feet of a public school, church or daycare center existing before the date of the dispensary application, or
(2) cultivation facility, which location may not be within three thousand (3,000)feet of a public school, church or daycare center existing before the date of the cultivation facility application,
d. the name, address and date of birth of each dispensary agent or cultivation facility agent, and
e. if the city, town or county in which the dispensary or cultivation facility would be located has enacted zoning restrictions, a sworn statement certifying that the dispensary or cultivation facility will operate in compliance with the restrictions.
3. None of the owners, board members or officers of the dispensary or cultivation facility shall:
a. have been convicted of an excluded violent crime,
b. have previously been an owner of a dispensary or cultivation facility that has had its license revoked, or
c. be under twenty-one (21) years of age.
H. The Medical Marijuana Commission shall issue at least twenty but no more than forty dispensary licenses.
I. There shall be no more than four dispensaries in any one county.
J. The Medical Marijuana Commission shall issue at least four but no more than eight cultivation facility licenses.
K. The Medical Marijuana Commission may conduct a criminal records check in order to carry out this section.
L. No individual shall own an interest in more than one cultivation facility and one dispensary.
M.1.A dispensary licensed under this section may acquire, possess, manufacture, process and prepare marijuana, marijuana paraphernalia & related supplies & deliver,transfer,transport,supply & dispense them to a qualifying patient or designated caregiver.
2. A dispensary may receive compensation for providing the goods and services allowed by this section.
3. A dispensary may grow or possess:
a. fifty mature marijuana plants at any one time plus seedlings, and
b. all usable marijuana derived from the plants under subparagraph a of this paragraph or predecessor plants. A dispensary may contract with a cultivation facility to cultivate one or more mature marijuana plants the dispensary is permitted to grow.
4. A cultivation facility may cultivate and possess usable marijuana in an amount reasonably necessary to meet the demand for the needs of qualifying patients as determined by the Medical Marijuana Commission with the assistance of the State Department of Health. However, a cultivation facility shall not sell marijuana in any form except to a dispensary or other cultivation facility. A cultivation facility may also possess marijuana seeds. The Medical Marijuana Commission with the assistance of the State Department of Health shall promulgate rules determining the amount of marijuana reasonably necessary under this paragraph.
5. A cultivation facility may receive compensation for providing goods and services allowed by this section.
N. A dispensary license and cultivation facility license shall expire one (1) year after the date of issuance. The Medical Marijuana Commission shall issue a renewal dispensary license or a renewal cultivation facility license within ten (10) days to any entity who complies with the requirements contained in this act, including without limitation the payment of a renewal fee.
O. The Medical Marijuana Commission may charge a reasonable fee as established by rule for the issuance of a renewal license.
SECTION 9. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1009 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.Cultivation facility agents and dispensary agents shall register with the Alcoholic Beverage Laws Enforcement Commission. The Commission shall administer & enforce the provisions of this act concerning cultivation facility agents & dispensary agents, including without limitation the issuance of a registry identification card to a dispensary agent and registry identification card to a cultivation facility agent.
B. The Commission shall adopt rules necessary to:
1. Carry out the purposes of this act; and
2. Perform its duties under this act.Rules adopted under this section are rules as defined in the Oklahoma Administrative Procedures Act.
C. Not later than one hundred twenty(120) days after the effective date of this act, the Commission shall adopt rules governing:
1. The manner in which the Commission considers applications for and renewals of registry identification cards for dispensary agents and cultivation facility agents;
2. The form and content of registration and renewal applications for dispensary agents and cultivation facility agents;
3.Procedures for suspending or terminating the registration of dispensary agents & cultivation facility agents who violate the provisions of this act or the rules adopted under this act, procedures for appealing penalties, and a schedule of penalties; and
4. Any other matters necessary for the fair, impartial, stringent and comprehensive administration of its duties under this act.
D. The Commission may conduct criminal records checks in order to carry out the provisions of this section.
E.Except as provided herein,the Commission shall issue each dispensary agent and cultivation facility agent a registry identification card within ten(10) days of receipt of:
1. The name, address and date of birth of the person; and
2. A reasonable fee in an amount established by rule for the Commission. Identification
F. 1. The Commission shall not issue a registry identification card to a dispensary agent or cultivation facility agent who has been convicted of an excluded violent crime.
2. The Commission may conduct a criminal background check of each dispensary agent or cultivation facility agent in order to carry out the provisions of this subsection.
3.The Commission shall notify the dispensary or cultivation facility in writing of the reason for denying the registry identification card.
G. 1. A registry identification card for a dispensary agent or cultivation facility agent shall expire one (1) year after the date of issuance.
2. A registry identification card of a dispensary agent or cultivation facility agent expires upon notification to the Commission by a dispensary or cultivation facility that the person ceases to work at the dispensary or cultivation facility.
H.The Commission may charge a reasonable fee as established by rule for the issuance of a new,renewal or replacement registry identification card.
I. 1. The Commission may revoke the registry identification card of a dispensary agent or cultivation facility agent who knowingly violates any provision of this act, and the cardholder is subject to any other penalties established by law for the violation.
2.The Commission may revoke or suspend the dispensary license or cultivation facility license of a dispensary or cultivation facility that the Commission determines knowingly aided or facilitated a violation of any provision of this act, and the cardholder is subject to any other penalties established in law for the violation.
SECTION 10. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1010 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. Dispensaries and cultivation facilities shall be highly regulated by the state. Therefore, a dispensary and cultivation facility shall be subject to reasonable inspection by the Alcoholic Beverage Laws Enforcement Commission.
B. 1. A dispensary or a cultivation facility shall be an entity incorporated in the State of Oklahoma.
2. A dispensary and cultivation facility shall implement appropriate security measures to deter and prevent unauthorized entrance into areas containing marijuana and the theft of marijuana.
3. A dispensary and cultivation facility shall have procedures in place to ensure accurate recordkeeping.
4. Each dispensary shall keep the following records, dating back at least three (3) years:
a. records of the disposal of marijuana that is not distributed by the dispensary to qualifying patients, and
b. a record of each transaction, including the amount of marijuana dispensed, the amount of compensation and the registry identification number of the qualifying patient or designated caregiver.
5. Each dispensary and cultivation facility shall:
a. conduct an initial comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants and seedlings at each authorized location on the date the dispensary first dispenses usable marijuana or the cultivation facility first cultivates, prepares, manufactures, processes or packages usable marijuana, and
b. conduct a biannual comprehensive inventory of all marijuana, including without limitation usable marijuana available for dispensing, mature marijuana plants and seedlings at each authorized location.
6. All cultivation of marijuana shall take place in an enclosed, locked facility.
7. A qualifying patient or designated caregiver acting on behalf of a qualifying patient shall not be dispensed more than a total of two and one-half (2 1/2) ounces of usable marijuana during a fourteen-day period.
8. A dispensary or a dispensary agent may not dispense more than a total of two and one-half (2 1/2) ounces of usable marijuana to either a qualifying patient or designated caregiver acting on behalf of a qualifying patient during a fourteen-day period. Each time a dispensary agent dispenses usable marijuana to a qualifying agent or designated caregiver, he or she shall verify that the dispensing of usable marijuana would not cause the qualifying patient or designated caregiver to receive more usable marijuana than is permitted in a fourteen-day period. Each time usable marijuana is dispensed, the dispensary agent shall:
a. record the date the usable marijuana was dispensed and the amount dispensed, and
b. notify the State Department of Health in the manner required by the Department. The State Department of Health shall maintain a database that enables a dispensary to verify that dispensing usable marijuana to a qualifying patient or designated caregiver will not cause the qualifying patient or designated caregiver to exceed the amount allowed by law. All records shall be kept according to the registry identification number of the qualifying patient or designated caregiver.
9. The dispensary records with patient information shall be treated as confidential medical records.
SECTION 11. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1011 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. A dispensary or cultivation facility is not subject to the following:
1. Prosecution for the acquisition, possession, cultivation, processing, preparation, manufacture, delivery, transfer, transport, sale, supply, or dispensing of marijuana and related supplies in accordance with the provisions of this act and any rule adopted under this act;
2. Inspection, except under the provisions of Section 10 of this act or upon a search warrant issued by a court or judicial officer;
3. Seizure of marijuana, except upon any order issued by a court or judicial officer and with due process of law; or
4.Imposition of a penalty or denial of a right or privilege, including without limitation imposition of a civil penalty or disciplinary action by a business or occupational or professional licensing board or entity, solely for acting in accordance with this act.
B.1.A dispensary agent or cultivation facility agent shall not be subject to arrest, prosecution, search, seizure or penalty in any manner or denied any right or privilege,including without limitation civil penalty or disciplinary action by a business or occupational or professional licensing board or entity,solely for working for or with a dispensaryor cultivation facility to engage in acts permitted by this act.
2.A dispensary agent or cultivation facility agent may possess and manufacture marijuana at the dispensary orcultivation facility location or locations for which the dispensary agent or cultivation facility agent is registered or when transferring marijuana under this section.
3. A dispensary agent who is a volunteer:
a. may possess and manufacture marijuana at a dispensary location, and
b. may not dispense or transport marijuana.
4. A cultivation facility shall label the marijuana that is moved between the cultivation facility and a dispensary or other cultivation facility with a trip ticket that identifies the cultivation facility by identification number, the time, date, origin and destination of the marijuana being transported, and the amount and form of marijuana that is being transported.
SECTION 12. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1012 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. Except as provided in Section 3 of this act, a dispensary may not dispense, deliver, or otherwise transfer marijuana to a person other than a qualifying patient or designated caregiver.
B. 1. Except as provided in Section 3 of this act, the Alcoholic Beverage Laws Enforcement Commission shall immediately revoke the registry identification card of a dispensary agent who has dispensed, delivered or otherwise transferred marijuana to a person other than a qualifying patient or designated caregiver, and that dispensary agent shall be disqualified from serving as a dispensary agent.
2. A dispensary employing a dispensary agent found to violate paragraph 1 of this subsection is not subject to penalties, including without limitation the revocation of its license, for the actions of a dispensary agent unless the dispensary knowingly aided or facilitated the violation.
SECTION 13. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1013 of Title 63, unless there is created a duplication in numbering, reads as follows:
A cultivation facility may sell marijuana plants, seeds and usable marijuana only to a dispensary or other cultivation facility.
SECTION 14. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1014 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. This act shall not prohibit a city, incorporated town or county of this state from enacting reasonable zoning regulations applicable to dispensaries or cultivation facilities, provided that those zoning regulations are the same as those for a licensed retail pharmacy.
B.This section shall not allow a city, incorporated town or county to prohibit the operation of any dispensaries or cultivation facilities in the city, incorporated town or county unless such a prohibition is approved at an election under Section 1 of Article V of the Oklahoma Constitution.
SECTION 15. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1015 of Title 63, unless there is created a duplication in numbering, reads as follows:
A physician shall not:
1.Accept, solicit or offer any form of pecuniary remuneration from or to a dispensary or cultivation facility; provided however, that this does not prohibit a physician who is also a qualifying patient from purchasing usable marijuana from a dispensary;
2. Offer a discount or other thing of value to a qualifying patient who uses or agrees to use a particular dispensary;
3. Examine a patient for purposes of diagnosing a qualifying medical condition at a dispensary; or
4. Hold an economic interest in a dispensary or cultivation facility if the physician certifies the qualifying medical condition of a patient for medical use of marijuana.
SECTION 16. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1016 of Title 63, unless there is created a duplication in numbering, reads as follows: If the State Department of Health,Alcoholic Beverage Laws Enforcement Commission or Medical Marijuana Commission fails to adopt rules to implement this act within the time prescribed or fails to issue the minimum number of dispensary licenses or cultivation facility licenses, any person who would be a qualifying patient under this act may commence a mandamus action in Oklahoma County District Court to compel the State Department of Health, Alcoholic Beverage Laws Enforcement Commission or Medical Marijuana Commission to perform the actions mandated under the provisions of this act.
SECTION 17. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1017 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. The sale of usable marijuana is subject to all state and local sales taxes at the same rate as other goods.
B. The state sales tax revenues received by the Oklahoma Tax Commission from the sale of usable marijuana under this act shall be distributed as follows:
1.Five percent(5%)shall be paid to the State Treasurer to be placed in the Public Health Special Fund of the State Department of Health;
2.Four percent(4%)shall be paid to the State Treasurer to be placed in the ABLE Commission Revolving Fund of the Alcoholic Beverage Laws Enforcement Commission;
3.One percent(1%)shall be paid to the State Treasurer to be placed in the Medical Marijuana Commission Revolving Fund created pursuant to Section 20 of this act;
4. Ten percent(10%) shall be paid to the State Treasurer to be placed in the Revolving Fund of the Oklahoma Department of Career and Technology Education for the development and implementation of workforce training programs;
5. Fifty percent (50%) shall be paid to the State Treasurer to be placed in the Revolving Fund of the____; and
6. Thirty percent(30%) shall be paid to the State Treasurer to be placed in the General Revenue Fund & used for the general expense of state government.
SECTION 18. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1018 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. The following funds shall be used by the State Department of Health to perform its duties under this act:
1. State sales tax revenues received pursuant to the provisions of Section 17 of this act;
2. The revenue generated from fees, penalties and other assessments of the Department provided for by this act, including without limitation:
a. registry identification card application and renewal fees, and
b. fees for replacement registry identification cards. Revenue generated from fees, penalties and other assessments under this act shall be used solely for the performance of the duties of the Department under this act and shall be used for no other purpose;
3. Private donations, if such funds are available; and
4. Other appropriations by the Legislature, if such funds are available.
B. The following funds shall be used by the Alcoholic Beverage Laws Enforcement Commission to perform its duties under this act:
1. State sales tax revenues received pursuant to the provisions of Section 17 of this act;
2. The revenue generated from fees, penalties and other assessments of the Commission provided for by this act;
3. Private donations, if such funds are available; and
4. Other appropriations by the Legislature, if such funds are available.
C. The following funds shall be used by the Medical Marijuana Commission to perform its duties under this act:
1. State sales tax revenues received pursuant to the provisions of Section 17 of this act;
2. The revenue generated from fees, penalties and other assessments of the Medical Marijuana Commission provided for by this act, including without limitation dispensary and cultivation facility application fees, licensing fees and renewal fees;
3. Private donations, if such funds are available; and
4. Other appropriations by the Legislature, if such funds are available.
SECTION 19. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1019 of Title 63, unless there is created a duplication in numbering, reads as follows:
A. There is hereby created a Medical Marijuana Commission to determine the qualifications for receiving a license to operate a dispensary or a license to operate a cultivation facility and the awarding of licenses.
B. Each member of the Commission shall serve a term of four (4) years.
C. The Commission shall consist of five (5) members as follows:
1. Two members appointed by the President Pro Tempore of the Oklahoma Senate;
2. Two members appointed by the Speaker of the Oklahoma House of Representatives; and
3. One member appointed by the Governor.
D. Vacancies on the Commission shall be filled in the manner of the original appointment. The Commission shall select one of its members as chair of the Commission. An affirmative vote of a majority of a quorum present shall be necessary to transact business.
E. One of the initial members appointed by the President Pro Tempore of the Oklahoma Senate shall serve a term of two (2) years and one of the initial members appointed by the President Pro Tempore of the Oklahoma Senate shall serve a term of four (4) years.
F. One of the initial members appointed by the Speaker of the Oklahoma House of Representatives shall serve a term of two (2) years and one of the initial members appointed by the Speaker of the Oklahoma House of Representatives shall serve a term of four (4) years.
G. The initial member appointed by the Governor shall serve a term of four (4) years.
H. All subsequent persons appointed to the Commission shall serve a term of four (4) years.
I. A member of the Commission shall:
1. Be a citizen of the United States;
2. Be a resident of the State of Oklahoma for at least ten (10) years preceding his or her appointment;
3. Be a qualified elector;
4. Be at least twenty-five (25) years of age; and
5. Have no economic interest in a dispensary or cultivation facility.
J. The Commission, by a majority vote of the total membership of the Commission cast during its first regularly scheduled meeting of each calendar year, may authorize payment to its members of a stipend not to exceed Eighty-five Dollars ($85.00) per day for each meeting attended or for any day while performing any proper business of the Commission.
K. Members of the Commission shall receive no other compensation, expense reimbursement or in-lieu-of payments.
L. The Commission may employ staff necessary to assist in the performance of its duties under this act.
M.The Alcoholic Beverage Laws Enforcement Commission shall provide staff for the Commission if the Commission does not have employees available for that purpose.
N. Initial members of the Commission shall be appointed within thirty (30) days of the effective date of this act.
O. The President Pro Tempore of the Oklahoma Senate shall call the first meeting of the Commission, which shall occur within forty five (45) days of the effective date of this act.
SECTION 20. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1020 of Title 63, unless there is created a duplication in numbering, reads as follows:
There is hereby created in the State Treasury a revolving fund for the Medical Marijuana Commission to be designated the "Medical Marijuana Commission Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of any monies received from the state sales tax revenues from the sale of usable medical marijuana as provided in the Oklahoma Medical Marijuana Act of 2017. All monies accruing to the credit of said fund are hereby appropriated and may be budgeted and expended by the Medical Marijuana Commission for general operations of the Commission. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
SECTION 21. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1021 of Title 63, unless there is created a duplication in numbering, reads as follows:
A.By adoption of this act, there is no implied repeal of the existing Oklahoma laws criminalizing possession of marijuana for purposes not specified in this act.
B. This act acknowledges that marijuana use, possession and distribution for any purpose remains illegal under federal law.
SECTION 22. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-1022 of Title 63, unless there is created a duplication in numbering, reads as follows: The provisions of this act:
1. Authorize the growing of marijuana at a dispensary or cultivation facility that is properly licensed with the state; and
2. Do not authorize a qualifying patient, designated caregiver or other person to grow marijuana.
SECTION 23. This act shall become effective November 1, 2017.



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