Oklahoma § 63-427.2 - See the following versions:

Full text of Oklahoma Oklahoma Statutes § 63-427.2 — See the following versions:, with citation guidance and answers to common questions.

§ 63-427.2. See the following versions:

OS 63-427.2v1 (SB 1995, Laws 2024, c. 182, § 16).

OS 63-427.2v2 (SB 1635, Laws 2024, c. 447, § 3).

§63-427.2v1. Definitions.

As used in the Oklahoma Medical Marijuana and Patient Protection

Act:

1. “Advertising” means the act of providing consideration for

the publication, dissemination, solicitation, or circulation, of

visual, oral, or written communication to induce directly or

indirectly any person to patronize a particular medical marijuana

business, or to purchase particular medical marijuana or a medical

marijuana product. Advertising includes marketing, but does not

include packaging and labeling;

2. “Authority” means the Oklahoma Medical Marijuana Authority;

3. “Batch number” means a unique numeric or alphanumeric

identifier assigned prior to testing to allow for inventory tracking

and traceability;

4. “Cannabinoid” means any of the chemical compounds that are

active principles of marijuana;

5. “Caregiver” means a family member or assistant who regularly

looks after a medical marijuana patient license holder whom a

physician attests needs assistance;

6. “Child-resistant” means special packaging that is:

designed or constructed to be significantly difficult

for children under five (5) years of age to open and

not difficult for normal adults to use properly as

defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.

1700.20 (1995), and

resealable to maintain its child-resistant

effectiveness for multiple openings for any product

intended for more than a single use or containing

multiple servings;

7. “Clone” means a nonflowering plant cut from a mother plant

that is capable of developing into a new plant and has shown no

signs of flowering;

8. “Complete application” means a document prepared in

accordance with the provisions set forth in the Oklahoma Medical

Marijuana and Patient Protection Act, rules promulgated pursuant

thereto, and the forms and instructions provided by the Oklahoma

Medical Marijuana Authority including any supporting documentation

required and the applicable license application fee;

Oklahoma Statutes - Title 63. Public Health and Safety

9. “Director” means the Executive Director of the Oklahoma

Medical Marijuana Authority;

10. “Dispense” means the selling of medical marijuana or a

medical marijuana product to a qualified patient or the designated

caregiver of the patient that is packaged in a suitable container

appropriately labeled for subsequent administration to or use by a

qualifying patient;

11. “Dispensary” means a medical marijuana dispensary, an

entity that has been licensed by the Authority pursuant to the

Oklahoma Medical Marijuana and Patient Protection Act to purchase

medical marijuana or medical marijuana products from a licensed

medical marijuana commercial grower or licensed medical marijuana

processor, to prepare and package noninfused pre-rolled medical

marijuana, and to sell medical marijuana or medical marijuana

products to licensed patients and caregivers as defined in this

section, or sell or transfer products to another licensed

dispensary;

12. “Edible medical marijuana product” means any medicalmarijuana-infused product for which the intended use is oral

consumption including, but not limited to, any type of food, drink

or pill;

13. “Entity” means an individual, general partnership, limited

partnership, limited liability company, trust, estate, association,

corporation, cooperative or any other legal or commercial entity;

14. “Flower” means the reproductive organs of the marijuana or

cannabis plant referred to as the bud or parts of the plant that are

harvested and used for consumption in a variety of medical marijuana

products;

15. “Flowering” means the reproductive state of the marijuana

or cannabis plant in which there are physical signs of flower or

budding out of the nodes of the stem;

16. “Exit package” means an opaque bag that is provided at the

point of sale in which pre-packaged medical marijuana is placed;

17. “Food-based medical marijuana concentrate” means a medical

marijuana concentrate that was produced by extracting cannabinoids

from medical marijuana through the use of propylene glycol,

glycerin, butter, olive oil, coconut oil or other typical food-safe

cooking fats;

18. “Harvest batch” means a specifically identified quantity of

medical marijuana that is uniform in strain, cultivated utilizing

the same cultivation practices, harvested at the same time from the

same location and cured under uniform conditions;

19. “Harvested marijuana” means postflowering medical marijuana

not including trim, concentrate or waste;

20. “Heat- or pressure-based medical marijuana concentrate”

means a medical marijuana concentrate that was produced by

Oklahoma Statutes - Title 63. Public Health and Safety

extracting cannabinoids from medical marijuana through the use of

heat or pressure;

21. “Immature plant” means a nonflowering marijuana plant that

has not demonstrated signs of flowering;

22. “Inventory tracking system” means the required tracking

system that accounts for the entire life span of medical marijuana

and medical marijuana products including any testing samples thereof

and medical marijuana waste;

23. “Licensed patient” or “patient” means a person who has been

issued a medical marijuana patient license by the Oklahoma Medical

Marijuana Authority;

24. “Licensed premises” means the premises specified in an

application for a medical marijuana business license, medical

marijuana research facility license or medical marijuana education

facility license pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act that are owned or in possession of the

licensee and within which the licensee is authorized to cultivate,

manufacture, distribute, sell, store, transport, test or research

medical marijuana or medical marijuana products in accordance with

the provisions of the Oklahoma Medical Marijuana and Patient

Protection Act and rules promulgated pursuant thereto;

25. “Manufacture” means the production, propagation,

compounding or processing of a medical marijuana product, excluding

marijuana plants, either directly or indirectly by extraction from

substances of natural or synthetic origin, or independently by means

of chemical synthesis, or by a combination of extraction and

chemical synthesis;

26. “Marijuana” shall have the same meaning as such term is

defined in Section 2-101 of this title and shall not include any

plant or material containing delta-8 or delta 10

tetrahydrocannabinol which is grown, processed, or sold pursuant to

the provisions of the Oklahoma Industrial Hemp Program;

27. “Material change” means any change that would affect the

qualifications for licensure of an applicant or licensee;

28. “Mature plant” means a harvestable female marijuana plant

that is flowering;

29. “Medical marijuana business (MMB)” means a licensed medical

marijuana dispensary, medical marijuana processor, medical marijuana

commercial grower, medical marijuana laboratory, medical marijuana

business operator or a medical marijuana transporter;

30. “Medical marijuana concentrate” or “concentrate” means a

specific subset of medical marijuana that was produced by extracting

cannabinoids from medical marijuana. Categories of medical

marijuana concentrate include water-based medical marijuana

concentrate, food-based medical marijuana concentrate, solvent-based

medical marijuana concentrate, and heat- or pressure-based medical

marijuana concentrate;

Oklahoma Statutes - Title 63. Public Health and Safety

31. “Medical marijuana commercial grower” or “commercial

grower” means an entity licensed to cultivate, prepare and package

medical marijuana or package medical marijuana as pre-rolls, and

transfer or contract for transfer medical marijuana and medical

marijuana pre-rolls to a medical marijuana dispensary, medical

marijuana processor, any other medical marijuana commercial grower,

medical marijuana research facility or medical marijuana education

facility. A commercial grower may sell seeds, flower or clones to

commercial growers pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act;

32. “Medical marijuana education facility” or “education

facility” means a person or entity approved pursuant to the Oklahoma

Medical Marijuana and Patient Protection Act to operate a facility

providing training and education to individuals involving the

cultivation, growing, harvesting, curing, preparing, packaging or

testing of medical marijuana, or the production, manufacture,

extraction, processing, packaging or creation of medical-marijuanainfused products or medical marijuana products as described in the

Oklahoma Medical Marijuana and Patient Protection Act;

33. “Medical-marijuana-infused product” means a product infused

with medical marijuana including, but not limited to, edible

products, ointments and tinctures;

34. “Medical marijuana product” or “product” means a product

that contains cannabinoids that have been extracted from plant

material or the resin therefrom by physical or chemical means and is

intended for administration to a qualified patient including, but

not limited to, oils, tinctures, edibles, pills, topical forms,

gels, creams, vapors, patches, liquids, and forms administered by a

nebulizer, excluding live plant forms which are considered medical

marijuana;

35. “Medical marijuana processor” means a person or entity

licensed pursuant to the Oklahoma Medical Marijuana and Patient

Protection Act to operate a business including the production,

manufacture, extraction, processing, packaging or creation of

concentrate, medical-marijuana-infused products or medical marijuana

products as described in the Oklahoma Medical Marijuana and Patient

Protection Act;

36. “Medical marijuana research facility” or “research

facility” means a person or entity approved pursuant to the Oklahoma

Medical Marijuana and Patient Protection Act to conduct medical

marijuana research. A medical marijuana research facility is not a

medical marijuana business;

37. “Medical marijuana testing laboratory” or “laboratory”

means a public or private laboratory licensed pursuant to the

Oklahoma Medical Marijuana and Patient Protection Act to conduct

testing and research on medical marijuana and medical marijuana

products;

Oklahoma Statutes - Title 63. Public Health and Safety

38. “Medical marijuana transporter” or “transporter” means a

person or entity that is licensed pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act. A medical marijuana

transporter does not include a medical marijuana business that

transports its own medical marijuana, medical marijuana concentrate

or medical marijuana products to a property or facility adjacent to

or connected to the licensed premises if the property is another

licensed premises of the same medical marijuana business;

39. “Medical marijuana waste” or “waste” means unused, surplus,

returned or out-of-date marijuana, plant debris of the plant of the

genus Cannabis including dead plants and all unused plant parts,

except the term shall not include roots, stems, stalks and fan

leaves;

40. “Medical use” means the acquisition, possession, use,

delivery, transfer or transportation of medical marijuana, medical

marijuana products, medical marijuana devices or paraphernalia

relating to the administration of medical marijuana to treat a

licensed patient;

41. “Mother plant” means a marijuana plant that is grown or

maintained for the purpose of generating clones, and that will not

be used to produce plant material for sale to a medical marijuana

processor or medical marijuana dispensary;

42. “Oklahoma physician” or “physician” means a physician

licensed by and in good standing with the State Board of Medical

Licensure and Supervision, the State Board of Osteopathic Examiners

or the Board of Podiatric Medical Examiners;

43. “Oklahoma resident” means an individual who can provide

proof of residency as required by the Oklahoma Medical Marijuana and

Patient Protection Act;

44. “Owner” means, except where the context otherwise requires,

a direct beneficial owner including, but not limited to, all persons

or entities as follows:

all shareholders owning an interest of a corporate

entity and all officers of a corporate entity,

all partners of a general partnership,

all general partners and all limited partners that own

an interest in a limited partnership,

all members that own an interest in a limited

liability company,

all beneficiaries that hold a beneficial interest in a

trust and all trustees of a trust,

all persons or entities that own interest in a joint

venture,

all persons or entities that own an interest in an

association,

the owners of any other type of legal entity, and

Oklahoma Statutes - Title 63. Public Health and Safety

any other person holding an interest or convertible

note in any entity which owns, operates or manages a

licensed facility;

45. “Package” or “packaging” means any container or wrapper

that may be used by a medical marijuana business to enclose or

contain medical marijuana;

46. “Person” means a natural person, partnership, association,

business trust, company, corporation, estate, limited liability

company, trust or any other legal entity or organization, or a

manager, agent, owner, director, servant, officer or employee

thereof, except that person does not include any governmental

organization;

47. “Pesticide” means any substance or mixture of substances

intended for preventing, destroying, repelling or mitigating any

pest or any substance or mixture of substances intended for use as a

plant regulator, defoliant or desiccant, except that the term

pesticide shall not include any article that is a “new animal drug”

as designated by the United States Food and Drug Administration;

48. “Production batch” means:

any amount of medical marijuana concentrate of the

same category and produced using the same extraction

methods, standard operating procedures and an

identical group of harvest batch of medical marijuana,

any amount of medical marijuana product of the same

exact type, produced using the same ingredients,

standard operating procedures and the same production

batch of medical marijuana concentrate;

49. “Public institution” means any entity established or

controlled by the federal government, state government, or a local

government or municipality including, but not limited to,

institutions of higher education or related research institutions;

50. “Public money” means any funds or money obtained by the

holder from any governmental entity including, but not limited to,

research grants;

51. “Recommendation” means a document that is signed or

electronically submitted by a physician on behalf of a patient for

the use of medical marijuana pursuant to the Oklahoma Medical

Marijuana and Patient Protection Act;

52. “Registered to conduct business” means a person that has

provided proof that the business applicant or licensee is in good

standing with the Secretary of State;

53. “Remediation” means the process by which a harvest batch or

production batch that fails testing undergoes a procedure to remedy

the harvest batch or production batch and is retested in accordance

with state laws, rules and regulations;

Oklahoma Statutes - Title 63. Public Health and Safety

54. “Research project” means a discrete scientific endeavor to

answer a research question or a set of research questions related to

medical marijuana and is required for a medical marijuana research

license. A research project shall include a description of a

defined protocol, clearly articulated goals, defined methods and

outputs, and a defined start and end date. The description shall

demonstrate that the research project will comply with all

requirements in the Oklahoma Medical Marijuana and Patient

Protection Act and rules promulgated pursuant thereto. All research

and development conducted by a medical marijuana research facility

shall be conducted in furtherance of an approved research project;

55. “Revocation” means the final decision by the Authority that

any license issued pursuant to the Oklahoma Medical Marijuana and

Patient Protection Act is rescinded because the individual or entity

does not comply with the applicable requirements set forth in the

Oklahoma Medical Marijuana and Patient Protection Act or rules

promulgated pursuant thereto;

56. “School” means a public or private elementary, middle or

high school, or technology center school which is primarily used for

classroom instruction. A homeschool, daycare or child-care facility

shall not be considered a school as used in the Oklahoma Medical

Marijuana and Patient Protection Act;

57. “Shipping container” means a hard-sided container with a

lid or other enclosure that can be secured in place. A shipping

container is used solely for the transport of medical marijuana,

medical marijuana concentrate, or medical marijuana products between

medical marijuana businesses, a medical marijuana research facility,

or a medical marijuana education facility;

58. “Solvent-based medical marijuana concentrate” means a

medical marijuana concentrate that was produced by extracting

cannabinoids from medical marijuana through the use of a solvent

approved by the Executive Director;

59. “State Question” means Oklahoma State Question No. 788,

Initiative Petition No. 412, approved by a majority vote of the

citizens of Oklahoma on June 26, 2018;

60. “Strain” means the name given to a particular variety of

medical marijuana that is based on a combination of factors which

may include, but is not limited to, botanical lineage, appearance,

chemical profile and accompanying effects. An example of a “strain”

would be “OG Kush” or “Pineapple Express”;

61. “THC” means tetrahydrocannabinol, which is the primary

psychotropic cannabinoid in marijuana formed by decarboxylation of

naturally tetrahydrocannabinolic acid, which generally occurs by

exposure to heat;

62. “Transporter agent” means a person who transports medical

marijuana or medical marijuana products as an employee of a licensed

medical marijuana business and holds a transporter agent license

Oklahoma Statutes - Title 63. Public Health and Safety

specific to that business pursuant to the Oklahoma Medical Marijuana

and Patient Protection Act;

63. “Universal symbol” means the image established by the

Oklahoma Medical Marijuana Authority and made available to licensees

through its website indicating that the medical marijuana or the

medical marijuana product contains THC;

64. “Usable marijuana” means the dried leaves, flowers, oils,

vapors, waxes and other portions of the marijuana plant and any

mixture or preparation thereof, excluding seeds, roots, stems,

stalks and fan leaves; and

65. “Water-based medical marijuana concentrate” means a

concentrate that was produced by extracting cannabinoids from

medical marijuana through the use of only water, ice or dry ice.

Added by Laws 2019, c. 11, § 2. Amended by Laws 2019, c. 312, § 3,

emerg. eff. May 7, 2019; Laws 2019, c. 390, § 1, emerg. eff. May 15,

2019; Laws 2020, c. 161, § 48, emerg. eff. May 21, 2020; Laws 2021,

c. 553, § 8, eff. Nov. 1, 2021; Laws 2022, c. 251, § 7, eff. Nov. 1,

2022; Laws 2024, c. 182, § 16, emerg. eff. April 26, 2024.

NOTE: Laws 2019, c. 337, § 5 repealed by Laws 2020, c. 161, § 49,

emerg. eff. May 21, 2020.

§63-427.2v2. Definitions.

As used in the Oklahoma Medical Marijuana and Patient Protection

Act:

1. “Advertising” means the act of providing consideration for

the publication, dissemination, solicitation or circulation, of

visual, oral or written communication to induce directly or

indirectly any person to patronize a particular medical marijuana

business, or to purchase particular medical marijuana or a medical

marijuana product. Advertising includes marketing, but does not

include packaging and labeling;

2. “Authority” means the Oklahoma Medical Marijuana Authority;

3. “Batch number” means a unique numeric or alphanumeric

identifier assigned prior to testing to allow for inventory tracking

and traceability;

4. “Cannabinoid” means any of the chemical compounds that are

active principles of marijuana;

5. “Caregiver” means a family member or assistant who regularly

looks after a medical marijuana license holder whom a physician

attests needs assistance;

6. “Child-resistant” means special packaging that is:

designed or constructed to be significantly difficult

for children under five (5) years of age to open and

not difficult for normal adults to use properly as

defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.

1700.20 (1995),

Oklahoma Statutes - Title 63. Public Health and Safety

opaque so that the outermost packaging does not allow

the product to be seen without opening the packaging

material, and

resealable to maintain its child-resistant

effectiveness for multiple openings for any product

intended for more than a single use or containing

multiple servings;

7. “Clone” means a nonflowering plant cut from a mother plant

that is capable of developing into a new plant and has shown no

signs of flowering;

8. “Commissioner” means the State Commissioner of Health;

9. “Complete application” means a document prepared in

accordance with the provisions set forth in the Oklahoma Medical

Marijuana and Patient Protection Act, rules promulgated pursuant

thereto, and the forms and instructions provided by the Department

including any supporting documentation required and the applicable

license application fee;

10. “Department” means the State Department of Health;

11. “Director” means the Executive Director of the Oklahoma

Medical Marijuana Authority;

12. “Dispense” means the selling of medical marijuana or a

medical marijuana product to a qualified patient or the designated

caregiver of the patient that is packaged in a suitable container

appropriately labeled for subsequent administration to or use by a

qualifying patient;

13. “Dispensary” means a medical marijuana dispensary, an

entity that has been licensed by the Department pursuant to the

Oklahoma Medical Marijuana and Patient Protection Act to purchase

medical marijuana or medical marijuana products from a licensed

medical marijuana commercial grower or medical marijuana processor,

sell medical marijuana or medical marijuana products to patients and

caregivers as defined under the Oklahoma Medical Marijuana and

Patient Protection Act, or sell or transfer products to another

dispensary;

14. “Edible medical marijuana product” means any medicalmarijuana-infused product for which the intended use is oral

consumption including, but not limited to, any type of food, drink

or pill;

15. “Entity” means an individual, general partnership, limited

partnership, limited liability company, trust, estate, association,

corporation, cooperative or any other legal or commercial entity;

16. “Final harvest batch” means a specifically identified

quantity of medical marijuana that is uniform in strain, cultivated

utilizing the same cultivation practices, harvested at the same time

from the same location, and cured under uniform conditions completed

and ready for consumption prior to transfer to a licensed medical

marijuana dispensary;

Oklahoma Statutes - Title 63. Public Health and Safety

17. “Final product” means the finished product that is

available for transport to licensed medical marijuana dispensaries

and ready for consumption by licensed medical marijuana patients;

18. “Final production batch” means:

any amount of medical marijuana finished product of

the same category and produced using the same

extraction methods, standard operating procedures,

meeting all applicable law, rules, and regulations

required by the Oklahoma Medical Marijuana and Patient

Protection Act prior to transfer to a licensed medical

marijuana dispensary, licensed medical marijuana

patient, or licensed medical marijuana caregiver, or

any amount of medical marijuana finished product of

the same exact type, produced using the same

ingredients, standard operating procedures, and the

same production batch of medical marijuana

concentrate;

19. “Flower” means the reproductive organs of the marijuana or

cannabis plant referred to as the bud or parts of the plant that are

harvested and used to consume in a variety of medical marijuana

products;

20. “Flowering” means the reproductive state of the marijuana

or cannabis plant in which there are physical signs of flower or

budding out of the nodes of the stem;

21. “Food-based medical marijuana concentrate” means a medical

marijuana concentrate that was produced by extracting cannabinoids

from medical marijuana through the use of propylene glycol,

glycerin, butter, olive oil, coconut oil or other typical food-safe

cooking fats;

22. “Good cause” for purposes of an initial, renewal or

reinstatement license application, or for purposes of discipline of

a licensee, means:

the licensee or applicant has violated, does not meet,

or has failed to comply with any of the terms,

conditions or provisions of the act, any rules

promulgated pursuant thereto, or any supplemental

relevant state or local law, rule or regulation,

the licensee or applicant has failed to comply with

any special terms or conditions that were placed upon

the license pursuant to an order of the State

Department of Health, Oklahoma Medical Marijuana

Authority or the municipality, or

the licensed premises of a medical marijuana business

or applicant have been operated in a manner that

adversely affects the public health or welfare or the

safety of the immediate vicinity in which the

establishment is located;

Oklahoma Statutes - Title 63. Public Health and Safety

23. “Harvest batch” means a specifically identified quantity of

medical marijuana that is uniform in strain, cultivated utilizing

the same cultivation practices, harvested at the same time from the

same location and cured under uniform conditions;

24. “Harvested marijuana” means post-flowering medical

marijuana not including trim, concentrate or waste;

25. “Heat- or pressure-based medical marijuana concentrate”

means a medical marijuana concentrate that was produced by

extracting cannabinoids from medical marijuana through the use of

heat or pressure;

26. “Immature plant” means a nonflowering marijuana plant that

has not demonstrated signs of flowering;

27. “Inventory tracking system” means the required tracking

system that accounts for medical marijuana from either the seed or

immature plant stage until the medical marijuana or medical

marijuana product is sold to a patient at a medical marijuana

dispensary, transferred to a medical marijuana research facility,

destroyed by a medical marijuana business or used in a research

project by a medical marijuana research facility;

28. “Licensed patient” or “patient” means a person who has been

issued a medical marijuana patient license by the State Department

of Health or Oklahoma Medical Marijuana Authority;

29. “Licensed premises” means the premises specified in an