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§ 427.16. Medical marijuana transporter license--Requirements

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: May 5, 2022

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 15. Narcotic Drugs
Medical Marijuana and Patient Protection Act
Effective: May 5, 2022
63 Okl.St.Ann. § 427.16
§ 427.16. Medical marijuana transporter license--Requirements
<Text as amended by Laws 2022, c. 228, § 34. See, also, text as amended by Laws 2022, c. 251, § 16, Laws 2023, c. 168, § 7, and Laws 2023, c. 322, § 8.>
A. There is hereby created a medical marijuana transporter license as a category of the medical marijuana business license.
B. Pursuant to Section 424 of this title, the Oklahoma Medical Marijuana Authority shall issue a medical marijuana transporter license to licensed medical marijuana commercial growers, processors and dispensaries upon issuance of such licenses and upon each renewal. Medical marijuana transporter licenses shall also be issued to licensed medical marijuana research facilities, medical marijuana education facilities and medical marijuana testing laboratories upon issuance of such licenses and upon each renewal.
C. A medical marijuana transporter license may also be issued to qualifying applicants who are registered with the Oklahoma Secretary of State and otherwise meet the requirements for a medical marijuana business license set forth in the Oklahoma Medical Marijuana and Patient Protection Act and the requirements set forth in this section to provide logistics, distribution and storage of medical marijuana, medical marijuana concentrate and medical marijuana products.
D. A medical marijuana transporter license shall be valid for one (1) year and shall not be transferred with a change of ownership. A licensed medical marijuana transporter shall be responsible for all medical marijuana, medical marijuana concentrate and medical marijuana products once the transporter takes control of the product.
E. A transporter license shall be required for any person or entity to transport or transfer medical marijuana, medical marijuana concentrate or medical marijuana products from a licensed medical marijuana business to another medical marijuana business, or from a medical marijuana business to a medical marijuana research facility or medical marijuana education facility.
F. A medical marijuana transporter licensee may contract with multiple licensed medical marijuana businesses.
G. A medical marijuana transporter may maintain a licensed premises to temporarily store medical marijuana, medical marijuana concentrate and medical marijuana products and to use as a centralized distribution point. A medical marijuana transporter may store and distribute medical marijuana, medical marijuana concentrate and medical marijuana products from the licensed premises. The licensed premises shall meet all security requirements applicable to a medical marijuana business.
H. A medical marijuana transporter licensee shall use the seed-to-sale tracking system developed pursuant to the Oklahoma Medical Marijuana and Patient Protection Act to create shipping manifests documenting the transport of medical marijuana, medical marijuana concentrate and medical marijuana products throughout the state.
I. A licensed medical marijuana transporter may maintain and operate one or more warehouses in the state to handle medical marijuana, medical marijuana concentrate and medical marijuana products. Each location shall be registered and inspected by the Authority prior to its use.
J. With the exception of a lawful transfer between medical marijuana businesses who are licensed to operate at the same physical address, all medical marijuana, medical marijuana concentrate and medical marijuana products shall be transported:
1. In vehicles equipped with Global Positioning System (GPS) trackers;
2. In a locked container and clearly labeled “Medical Marijuana or Derivative”; and
3. In a secured area of the vehicle that is not accessible by the driver during transit.
K. A transporter agent may possess marijuana at any location while the transporter agent is transferring marijuana to or from a licensed medical marijuana business, licensed medical marijuana research facility or licensed medical marijuana education facility. The Department shall administer and enforce the provisions of this section concerning transportation.
L. The Authority shall issue a transporter agent license to individual agents, employees, officers or owners of a transporter license in order for the individual to qualify to transport medical marijuana, medical marijuana concentrate or medical marijuana products.
M. The annual fee for a transporter agent license shall be Twenty-five Dollars ($25.00) and shall be paid by the transporter license holder or the individual applicant. Transporter license reprints shall be Twenty Dollars ($20.00).
N. The Authority shall issue each transporter agent a registry identification card within thirty (30) days of receipt of:
1. The name, address and date of birth of the person;
2. Proof of current Oklahoma residency;
3. Proof of identity as required for a medical marijuana business license;
4. Possession of a valid Oklahoma driver license;
5. Verification of employment with a licensed transporter;
6. The application and affiliated fee; and
7. A copy of the criminal background check conducted by the Oklahoma State Bureau of Investigation, paid for by the applicant.
O. If the transporter agent application is denied, the Department shall notify the transporter in writing of the reason for denying the registry identification card.
P. A registry identification card for a transporter shall expire one (1) year after the date of issuance or upon notification from the holder of the transporter license that the transporter agent ceases to work as a transporter.
Q. The Department may revoke the registry identification card of a transporter agent who knowingly violates any provision of this section, and the transporter is subject to any other penalties established by law for the violation.
R. The Department may revoke or suspend the transporter license of a transporter that the Department determines knowingly aided or facilitated a violation of any provision of this section, and the license-holder is subject to any other penalties established in law for the violation.
S. Vehicles used in the transport of medical marijuana or medical marijuana product shall be:
1. Insured at or above the legal requirements in this state;
2. Capable of securing medical marijuana during transport; and
3. In possession of a shipping container as defined in Section 427.2 of this title capable of securing all transported products.
T. Prior to the transport of any medical marijuana, medical marijuana concentrate or medical marijuana products, an inventory manifest shall be prepared at the origination point of the medical marijuana. The inventory manifest shall include the following information:
1. For the origination point of the medical marijuana:
a. the licensee number for the commercial grower, processor or dispensary,
b. address of origination of transport, and
c. name and contact information for the originating licensee;
2. For the end recipient license holder of the medical marijuana:
a. the license number for the dispensary, commercial grower, processor, research facility or education facility destination,
b. address of the destination, and
c. name and contact information for the destination licensee;
3. Quantities by weight or unit of each type of medical marijuana product contained in transport;
4. The date of the transport and the approximate time of departure;
5. The arrival date and estimated time of arrival;
6. Printed names and signatures of the personnel accompanying the transport; and
7. Notation of the transporting licensee.
U. 1. A separate inventory manifest shall be prepared for each licensee receiving the medical marijuana.
2. The transporter agent shall provide the other medical marijuana business with a copy of the inventory manifest at the time the product changes hands and after the other licensee prints his or her name and signs the inventory manifest.
3. A receiving licensee shall refuse to accept any medical marijuana, medical marijuana concentrate or medical marijuana products that are not accompanied by an inventory manifest.
4. Originating and receiving licensees shall maintain copies of inventory manifests and logs of quantities of medical marijuana received for seven (7) years from date of receipt.

Credits

Laws 2019, c. 11, § 16; Laws 2021, c. 553, § 18, eff. Nov. 1, 2021; Laws 2022, c. 228, § 34, emerg. eff. May 5, 2022.
63 Okl. St. Ann. § 427.16, OK ST T. 63 § 427.16
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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