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§ 427.4. Oklahoma Medical Marijuana Authority--Executive Director

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. § 427.4
§ 427.4. Oklahoma Medical Marijuana Authority--Executive Director
<Text as amended by Laws 2022, c. 228, § 32. See, also, text as amended by Laws 2022, c. 251, § 9, Laws 2023, c. 168, § 3, and Laws 2023, c. 322, § 6.>
A. The Oklahoma Medical Marijuana Authority, in conjunction with the State Department of Health, shall employ an Executive Director and other personnel as necessary to assist the Authority in carrying out its duties.
B. The Authority shall not employ an individual if any of the following circumstances exist:
1. The individual has a direct or indirect interest in a licensed medical marijuana business; or
2. The individual or his or her spouse, parent, child, spouse of a child, sibling, or spouse of a sibling has an application for a medical marijuana business license pending before the Department or is a member of the board of directors of a medical marijuana business, or is an individual financially interested in any licensee or medical marijuana business.
C. All officers and employees of the Authority shall be in the exempt unclassified service as provided for in Section 840-5.5 of Title 74 of the Oklahoma Statutes.
D. The Commissioner may delegate to any officer or employee of the Department any of the powers of the Executive Director and may designate any officer or employee of the Department to perform any of the duties of the Executive Director.
E. The Executive Director shall be authorized to suggest rules governing the oversight and implementation of the Oklahoma Medical Marijuana and Patient Protection Act.
F. The Department is hereby authorized to create employment positions necessary for the implementation of its obligations pursuant to the Oklahoma Medical Marijuana and Patient Protection Act including, but not limited to, Authority investigators and a senior director of enforcement. The Department and the Authority, the senior director of enforcement, the Executive Director, and Department investigators shall have all the powers of any peace officer to:
1. Investigate violations or suspected violations of the Oklahoma Medical Marijuana and Patient Protection Act and any rules promulgated pursuant thereto;
2. Serve all warrants, summonses, subpoenas, administrative citations, notices or other processes relating to the enforcement of laws regulating medical marijuana, concentrate, and medical marijuana product;
3. Assist or aid any law enforcement officer in the performance of his or her duties upon such law enforcement officer's request or the request of other local officials having jurisdiction;
4. As provided in Section 427.6 of this title, require any business applicant or licensee to permit an inspection of licensed premises during business hours or at any time of apparent operation, marijuana equipment, and marijuana accessories, or books and records; and to permit the testing of or examination of medical marijuana, concentrate, or product;
5. Require applicants and licensees to submit complete and current applications, information and fees required by the Oklahoma Medical Marijuana and Patient Protection Act, the Oklahoma Medical Marijuana Waste Management Act1 and Sections 420 through 426.1 of this title, and approve material changes made by the applicant or licensee;
6. Require medical marijuana business licensees to submit a sample or unit of medical marijuana or medical marijuana product to the quality assurance laboratory when the Department has reason to believe the medical marijuana or medical marijuana product may be unsafe for patient consumption or inhalation or has not been tested in accordance with the provisions of the Oklahoma Medical Marijuana and Patient Protection Act and the rules and regulations of the Department. The licensee shall provide the samples or units of medical marijuana or medical marijuana products at its own expense but shall not be responsible for the costs of testing; and
7. Require medical marijuana business licensees to periodically submit samples or units of medical marijuana or medical marijuana products to the quality assurance laboratory for quality assurance purposes. Licensed growers, processors, dispensaries and transporters shall not be required to submit samples or units of medical marijuana or medical marijuana products more than twice a year. The licensee shall provide the samples or units of medical marijuana or medical marijuana products at its own expense but shall not be responsible for the costs of testing.

Credits

Laws 2019, c. 11, § 4; Laws 2021, c. 553, § 10, eff. Nov. 1, 2021; Laws 2022, c. 228, § 32, emerg. eff. May 5, 2022.

Footnotes

Title 63, § 428 et seq.
63 Okl. St. Ann. § 427.4, OK ST T. 63 § 427.4
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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