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§ 427.26. Bond required for land used in commercial growing operations

Oklahoma Statutes AnnotatedTitle 63. Public Health and SafetyEffective: April 20, 2023

Oklahoma Statutes Annotated
Title 63. Public Health and Safety (Refs & Annos)
Chapter 15. Narcotic Drugs
Medical Marijuana and Patient Protection Act
Effective: April 20, 2023
63 Okl.St.Ann. § 427.26
§ 427.26. Bond required for land used in commercial growing operations
A. It shall be unlawful for any holder of a medical marijuana business license pursuant to Section 427.14 of Title 63 of the Oklahoma Statutes to engage in any commercial growing operations in this state without acquiring a bond. The bond shall cover that area of land within the permit area upon which the business licensee will initiate and conduct commercial growing operations.
B. Every applicant for a commercial grower license or commercial grower licensee shall file with the Oklahoma Medical Marijuana Authority a bond satisfactory to the Authority and in the amount no less than Fifty Thousand Dollars ($50,000.00) for each license sought or held, with a surety company qualified to do business in this state as a surety. The bond shall be furnished to the state for the use of the state pursuant to the provisions of this act. The bond shall be conditional that the obligor will comply with the provisions of this act including, but not limited to, building codes, administrative rules, and other relevant laws, and all rules and regulations made pursuant to this act and will pay all amounts of money that may be due to the state during the time such bond is in effect.
C. The Authority or the Department of Environmental Quality may require a higher amount depending upon the reclamation requirements of the approved application. The amount shall reflect the probable difficulty of reclamation with consideration for such factors including, but not limited to, topography, hydrology, and revegetation potential. The amount of the bond for a commercial growing operation shall be sufficient to assure the completion of the reclamation plan if the work has to be performed by the Authority or the Department of Environmental Quality in the event of revocation of license.
D. An appropriate agency may recall the bond if the property has been abandoned, the Authority revokes the commercial growing operation's license, or in response to receiving notice of a violation of any law, regulation, policy, or ordinance necessitating remedial action. The bond shall be used to defray the cost of restoration of the property including, but not limited to, removing equipment, destruction of waste, remediation of environmental hazards, prohibiting public access, addressing improperly coded buildings, or determination of the final disposition of any seized property.
E. A holder of a medical marijuana business license pursuant to Section 427.14 of Title 63 of the Oklahoma Statutes engaging in a commercial growing operation may operate without obtaining a bond upon verification by the Authority that the permitted land on which the licensee operates the commercial growing operation has been owned by the licensee for at least a five-year period prior to submission of application.

Credits

Laws 2023, c. 41, § 2, emerg. eff. April 20, 2023.
63 Okl. St. Ann. § 427.26, OK ST T. 63 § 427.26
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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