Medical marijuana updates

by Marcus McEntire

Since voters approved State Question 788, which legalized medical marijuana in Oklahoma in 2018, the Legislature has worked with those in the fledgling industry, law enforcement, and the Oklahoma Medical Marijuana Authority (OMMA) to craft regulations around the industry to keep the public safe and ensure only legal businesses are operating in the state.

We first convened a bipartisan, bicameral working group to receive input from all stakeholders including people who use the drug for pain relief and symptoms from long-term illnesses to those who grow, manufacture, or sell the product to those in the medical profession and in agriculture. 

Over the last few years, we’ve heard from various entities including law enforcement, county governments, utilities and people who live near marijuana grows on a variety of issues. These include the proliferation of illegal product grown and sold in the state and resulting public safety issues, to concern over foreign ownership and potential drug cartel money being used to pay above-market prices for property.  Other issues include the strain on local water supplies and electricity, the inability of tax assessors to access properties, offensive odors, various concerns for nearby property owners, and more.

To address these concerns, the House passed perhaps our most comprehensive slate of reforms yet to better regulate this industry.

Here’s a look at a few of the bills we passed this past week:

n HB2025 requires all medical marijuana businesses to post standardized permit signage at the place of business.

n HB2179 separates medical marijuana grower licenses into tiers for the different types of facilities.

n HB3019 allows medical marijuana packaging to be clear so consumers can view the product, so long as the container is child-resistant. Also requires warning labels saying “For use by licensed medical marijuana patients only” and “Keep out of reach of children.”

n HB3208 directs the OMMA to establish a two-year moratorium on issuing new business licenses for dispensaries, processors and commercial growers beginning Aug. 1. This does not apply to licensure renewals and can be stopped if all pending licensing reviews, inspections or investigations are completed. Additionally prohibits change in ownership of a business if the licensee has a current violation that may necessitation revocation, suspension or nonrenewal of the license.

n HB3350 creates a grant program for county sheriff’s departments to fund law enforcement efforts in every county.

n HB 3634 creates a medical marijuana wholesaler business license, but prohibits wholesalers from growing, producing or selling their own medical marijuana and requires them to use seed-to-sale tracking.

n HB3734 requires all entities seeking a medical marijuana license to first obtain a temporary license for 180 days. Additionally, all entities granted an annual license must pay $1,500 annually to maintain their license.

n HB3752 makes it unlawful for the owner of a marijuana grow to abandon the property without restoring the land to its previous condition.

n HB3827 requires all medical marijuana commercial grower licensees to register as an environmentally sensitive crop owner  to minimize the potential of damaging pesticide drift.

n HB4055 requires stringent electrical and water data reporting by marijuana growers.  

n HB4056 requires standardized laboratory testing and equipment.  

These bills received enough votes to pass through the House this year. Now the bills move to the other side of the Oklahoma Capitol for consideration by the Senate. Those bills that pass in the Senate will then move on to the governor’s desk.

Please feel free to contact me at marcus.mcentire@okhouse.gov or (405) 557-7327.





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