Oklahoma § 63-427.3 - Oklahoma Medical Marijuana Authority – Creation Duties

§ 63-427.3. Oklahoma Medical Marijuana Authority – Creation Duties

A. There is hereby created the Oklahoma Medical Marijuana

Authority which shall address issues related to the medical

marijuana program in this state including, but not limited to, the

issuance of patient licenses and medical marijuana business

licenses, and the dispensing, cultivating, processing, testing,

transporting, storage, research, and the use of and sale of medical

marijuana pursuant to the Oklahoma Medical Marijuana and Patient

Protection Act.

B. 1. Beginning on the effective date of this act, the

Authority shall cease to be part of or a division of the State

Department of Health and shall be deemed to be a separate and

distinct agency, to be known as the Oklahoma Medical Marijuana

Authority. The Authority and the Executive Director of the

Authority shall continue to exercise their statutory powers, duties,

and contractual responsibilities. All records, property, equipment,

assets, monies, financial interests, liabilities, matters pending,

and funds of the division shall be transferred to the Authority.

2. All licenses granted by the Department pertaining to medical

marijuana shall maintain rights and privileges under the authority

of the Authority; provided, however, that all licenses shall be

subject to revocation, suspension, or disciplinary action for

violation of any of the provisions of the Oklahoma Medical Marijuana

and Patient Protection Act and rules promulgated by the Executive

Director.

3. The Authority shall succeed to any contractual rights or

responsibilities incurred by the Department pertaining to medical

marijuana.

4. Rules promulgated by the State Commissioner of Health

pertaining to medical marijuana that are in effect on the effective

date of this act shall be immediately adopted and enforced by the

Executive Director. The Executive Director maintains the authority

to further promulgate and enforce rules.

5. The Department and the Authority may enter into an agreement

for the transfer of personnel from the Department to the Authority.

No employee shall be transferred to the Authority except on the

freely given written consent of the employee. All employees who are

transferred to the Authority shall not be required to accept a

lesser grade or salary than presently received. All employees shall

retain leave, sick, and annual time earned, and any retirement and

longevity benefits which have accrued during their tenure with the

Department. The transfer of personnel between the state agencies

shall be coordinated with the Office of Management and Enterprise

Services.

6. The expenses incurred by the Authority as a result of the

transfer required by this subsection shall be paid by the Authority.

Oklahoma Statutes - Title 63. Public Health and Safety

7. The division within the Department known as the Oklahoma

Medical Marijuana Authority shall be abolished by the Department

after the transfer has been completed.

8. The Office of Management and Enterprise Services shall

coordinate the transfer of records, property, equipment, assets,

funds, allotments, purchase orders, liabilities, outstanding

financial obligations, or encumbrances provided for in this

subsection.

C. The Authority shall implement the provisions of the Oklahoma

Medical Marijuana and Patient Protection Act consistently with the

voter-approved State Question No. 788, Initiative Petition No. 412,

subject to the provisions of the Oklahoma Medical Marijuana and

Patient Protection Act.

D. The Authority shall exercise its respective powers and

perform its respective duties and functions as specified in the

Oklahoma Medical Marijuana and Patient Protection Act and this title

including, but not limited to, the following:

1. Determine steps the state shall take, whether administrative

or legislative in nature, to ensure that research on marijuana and

marijuana products is being conducted for public purposes including

the advancement of:

a.

public health policy and public safety policy,

b.

agronomic and horticultural best practices, and

c.

medical and pharmacopoeia best practices;

2. Contract with third-party vendors and other governmental

entities in order to carry out the respective duties and functions

as specified in the Oklahoma Medical Marijuana and Patient

Protection Act;

3. Upon complaint or upon its own motion and upon a completed

investigation, levy fines as prescribed in applicable laws, rules

and regulations and suspend, revoke or not renew licenses pursuant

to applicable laws, rules and regulations;

4. Issue subpoenas for the appearance or production of persons,

records and things in connection with disciplinary or contested

cases considered by the Authority;

5. Apply for injunctive or declaratory relief to enforce the

provisions of applicable laws, rules and regulations;

6. Inspect and examine all licensed premises of medical

marijuana businesses, research facilities, education facilities and

waste disposal facilities in which medical marijuana is cultivated,

manufactured, sold, stored, transported, tested, distributed or

disposed of;

7. Upon action by the federal government by which the

production, sale, and use of marijuana in this state does not

violate federal law, work with the Banking Department and the State

Treasurer to develop good practices and standards for banking and

finance for medical marijuana businesses;

Oklahoma Statutes - Title 63. Public Health and Safety

8. Establish internal control procedures for licenses including

accounting procedures, reporting procedures, and personnel policies;

9. Establish a fee schedule and collect fees for performing

background checks as the Executive Director deems appropriate. The

fees charged pursuant to this paragraph shall not exceed the actual

cost incurred for each background check;

10. Establish a fee schedule and collect fees for material

changes requested by the licensee;

11. Establish regulations, which require a medical marijuana

business to submit information to the Authority, deemed reasonably

necessary to assist the Authority in the prevention of diversion of

medical marijuana by a licensed medical marijuana business. Such

information required by the Authority may include, but shall not be

limited to:

a.

the square footage of the licensed premises,

b.

a diagram of the licensed premises,

c.

the number and type of lights at the licensed medical

marijuana commercial grower business,

d.

the number, type, and production capacity of equipment

located at the medical marijuana processing facility,

e.

the names, addresses, and telephone numbers of

employees or agents of a medical marijuana business,

f.

employment manuals and standard operating procedures

for the medical marijuana business, and

g.

any other information as the Authority reasonably

deems necessary;

12. Declare and establish a moratorium on processing and

issuing new medical marijuana business licenses pursuant to Section

427.14 of this title for an amount of time the Authority deems

necessary;

13. Enter into and negotiate the terms of a Memorandum of

Understanding between the Authority and other state agencies

concerning the enforcement of laws regulating medical marijuana in

this state. The Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Oklahoma State Bureau of Investigation, and the

Oklahoma Attorney General shall have full authority to investigate

and enforce any violations of the laws regarding medical marijuana

including medical marijuana business licenses held by commercial

growers, processors, transporters, researchers, education

facilities, and waste disposal facilities;

14. Purchase and maintain motor vehicles for use by the

employees of the Authority; and

15. Enter into contracts and agreements for the payment of

food, lodging, and other authorized expenses as may be necessary to

host, conduct, sponsor, or participate in conferences, meetings, or

training sessions. The Authority may establish accounts as

necessary for the collection and distribution of funds, including

Oklahoma Statutes - Title 63. Public Health and Safety

funds of sponsors and registration fees, related to such

conferences, meetings, and training sessions. Any expenses incurred

may be paid directly to the contracting agency or business

establishment.

Added by Laws 2019, c. 11, § 3. Amended by Laws 2019, c. 477, § 6;

Laws 2021, c. 553, § 9, eff. Nov. 1, 2021; Laws 2022, c. 251, § 8,

eff. Nov. 1, 2022; Laws 2024, c. 182, § 19, emerg. eff. April 26,

2024; Laws 2024, c. 452, § 137, emerg. eff. June 14, 2024.

NOTE: Laws 2021, c. 584, § 5 repealed by Laws 2022, c. 228, § 31,

emerg. eff. May 5, 2022.

§63-427.3a. County Sheriff Public Safety Grant Revolving Fund.

There is hereby created in the State Treasury a revolving fund

for the Oklahoma Medical Marijuana Authority to be designated the

"County Sheriff Public Safety Grant Revolving Fund". The fund shall

be a continuing fund, not subject to fiscal year limitations, and

shall consist of all monies received by the Oklahoma Medical

Marijuana Authority that are appropriated or apportioned to this

fund, and any federal funds, grants, and donations from any public

or private source for the purpose of supporting county sheriffs.

All monies accruing to the credit of the fund are hereby

appropriated and may be budgeted and expended by the Oklahoma

Medical Marijuana Authority for the purpose of establishing programs

and providing funding to support county sheriffs to enforce the

requirements of state law with respect to the commercial growth of

medical marijuana or other related business activity for which a

license is required pursuant to the provisions of law governing the

production, cultivation, transportation, distribution, sale, or

other actions related to medical marijuana. Expenditures from the

fund shall be made upon warrants issued by the State Treasurer

against claims filed as prescribed by law with the Director of the

Office of Management and Enterprise Services for approval and

payment.

Added by Laws 2022, c. 236, § 1, eff. July 1, 2022.

§63-427.3b. Petty cash fund.

There is hereby created a petty cash fund for the Oklahoma

Medical Marijuana Authority. The fund shall be used by the

Authority to supply its agents with money for undercover operations,

to perform statutory requirements, and to obtain evidence for case

presentations. The amount of the petty cash fund shall be

determined by the Director of the Office of Management and

Enterprise Services and the Executive Director of the Oklahoma

Medical Marijuana Authority. The Director of the Office of

Management and Enterprise Services shall be authorized to prescribe

forms, systems, and procedures for the administration of the petty

cash fund.

Oklahoma Statutes - Title 63. Public Health and Safety

Added by Laws 2023, c. 322, § 5, emerg. eff. June 1, 2023.