§ 427.3. Oklahoma Medical Marijuana Authority--Creation--Duties

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: June 1, 2023 to April 26, 2024

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 15. Narcotic Drugs
Medical Marijuana and Patient Protection Act
Effective: June 1, 2023 to April 26, 2024
63 Okl.St.Ann. § 427.3
§ 427.3. Oklahoma Medical Marijuana Authority--Creation--Duties
<Text as amended by Laws 2022, c. 342, § 1, Laws 2023, c. 168, § 2, and Laws 2023, c. 322, § 4. See also, text as amended by Laws 2022, c. 228, § 30, and text as amended by Laws 2022, c. 251, § 8.>
A. There is hereby created the Oklahoma Medical Marijuana Authority within the State Department of Health which shall address issues related to the medical marijuana program in Oklahoma including, but not limited to, the issuance of patient licenses and medical marijuana business licenses, and the dispensing, cultivating, processing, testing, transporting, storage, research, and the use of and sale of medical marijuana pursuant to the Oklahoma Medical Marijuana and Patient Protection Act.
B. The Department shall provide support staff to perform designated duties of the Authority. The Department shall also provide office space for meetings of the Authority.
C. The Authority shall implement the provisions of the Oklahoma Medical Marijuana and Patient Protection Act consistently with the voter-approved State Question No. 788, Initiative Petition No. 412, subject to the provisions of the Oklahoma Medical Marijuana and Patient Protection Act.
D. The Authority shall exercise its respective powers and perform its respective duties and functions as specified in the Oklahoma Medical Marijuana and Patient Protection Act and this title including, but not limited to, the following:
1. Determine steps the state shall take, whether administrative or legislative in nature, to ensure that research on marijuana and marijuana products is being conducted for public purposes, including the advancement of:
a. public health policy and public safety policy,
b. agronomic and horticultural best practices, and
c. medical and pharmacopoeia best practices;
2. Contract with third-party vendors and other governmental entities in order to carry out the respective duties and functions as specified in the Oklahoma Medical Marijuana and Patient Protection Act;
3. Upon complaint or upon its own motion and upon a completed investigation, levy fines as prescribed in applicable laws, rules, and regulations and suspend, revoke, or not renew licenses pursuant to applicable laws, rules, and regulations;
4. Issue subpoenas for the appearance or production of persons, records, and things in connection with disciplinary or contested cases considered by the Authority;
5. Apply for injunctive or declaratory relief to enforce the provisions of applicable laws, rules, and regulations;
6. Inspect and examine all licensed premises of medical marijuana businesses, research facilities, education facilities, and waste disposal facilities in which medical marijuana is cultivated, manufactured, sold, stored, transported, tested, distributed, or disposed of;
7. Upon action by the federal government by which the production, sale, and use of marijuana in Oklahoma does not violate federal law, work with the Banking Department and the State Treasurer to develop good practices and standards for banking and finance for medical marijuana businesses;
8. Establish internal control procedures for licenses including accounting procedures, reporting procedures, and personnel policies;
9. Establish a fee schedule and collect fees for performing background checks as the Authority deems appropriate. The fees charged pursuant to this paragraph shall not exceed the actual cost incurred for each background check;
10. Establish a fee schedule and collect fees for material changes requested by the licensee;
11. Establish regulations, which require a medical marijuana business to submit information to the Authority, deemed reasonably necessary to assist the Authority in the prevention of diversion of medical marijuana by a licensed medical marijuana business. Such information required by the Authority may include, but shall not be limited to:
a. the square footage of the licensed premises,
b. a diagram of the licensed premises,
c. the number and type of lights at the licensed medical marijuana commercial grower business,
d. the number, type, and production capacity of equipment located at the medical marijuana processing facility,
e. the names, addresses, and telephone numbers of employees or agents of a medical marijuana business,
f. employment manuals and standard operating procedures for the medical marijuana business, and
g. any other information as the Authority reasonably deems necessary;
12. Declare and establish a moratorium on processing and issuing new medical marijuana business licenses pursuant to Section 427.14 of this title for an amount of time the Authority deems necessary;
13. Enter into and negotiate the terms of Memorandums of Understanding between the Authority and other state agencies concerning the enforcement of laws regulating medical marijuana in this state. The Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of Investigation, and the Oklahoma Attorney General shall have full authority to investigate and enforce any violations of the laws regarding medical marijuana including medical marijuana business licenses held by commercial growers, processors, transporters, researchers, education facilities, and waste disposal facilities;
14. Purchase and maintain motor vehicles for use by the employees of the Authority; and
15. Enter into contracts and agreements for the payment of food, lodging, and other authorized expenses as may be necessary to host, conduct, sponsor, or participate in conferences, meetings, or training sessions. The Authority may establish accounts as necessary for the collection and distribution of funds, including funds of sponsors and registration fees, related to such conferences, meetings, and training sessions. Any expenses incurred may be paid directly to the contracting agency or business establishment.

Credits

Laws 2019, c. 11, § 3; Laws 2019, c. 477, § 6; Laws 2021, c. 553, § 9, eff. Nov. 1, 2021; Laws 2022, c. 342, § 1; Laws 2023, c. 168, § 2, eff. Nov. 1, 2023; Laws 2023, c. 322, § 4, eff. June 1, 2023.
63 Okl. St. Ann. § 427.3, OK ST T. 63 § 427.3
Current with emergency effective legislation through Chapter 329 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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