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:
a.
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
b.
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:
a.
all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b.
all partners of a general partnership,
c.
all general partners and all limited partners that own
an interest in a limited partnership,
d.
all members that own an interest in a limited
liability company,
e.
all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f.
all persons or entities that own interest in a joint
venture,
g.
all persons or entities that own an interest in an
association,
h.
the owners of any other type of legal entity, and
Oklahoma Statutes - Title 63. Public Health and Safety
i.
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:
a.
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,
or
b.
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:
a.
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
b.
opaque so that the outermost packaging does not allow
the product to be seen without opening the packaging
material, and
c.
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:
a.
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
b.
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:
a.
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,
b.
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
c.
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
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;
30. “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;
31. “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;
32. “Material change” means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cultivation or production of medical marijuana,
medical marijuana concentrate or medical marijuana products;
Oklahoma Statutes - Title 63. Public Health and Safety
33. “Mature plant” means a harvestable female marijuana plant
that is flowering;
34. “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;
35. “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;
36. “Medical marijuana commercial grower” or “commercial
grower” means an entity licensed to cultivate, prepare and package
medical marijuana and transfer or contract for transfer medical
marijuana to a medical marijuana dispensary, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufacturers. A commercial grower may sell seeds,
flower or clones to commercial growers pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
37. “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;
38. “Medical-marijuana-infused product” means a product infused
with medical marijuana including, but not limited to, edible
products, ointments and tinctures;
39. “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;
40. “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
Oklahoma Statutes - Title 63. Public Health and Safety
products as described in the Oklahoma Medical Marijuana and Patient
Protection Act;
41. “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;
42. “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;
43. “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;
44. “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 and
roots, except the term shall not include roots, stems, stalks and
fan leaves;
45. “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;
46. “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;
47. “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;
48. “Oklahoma resident” means an individual who can provide
proof of residency as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
49. “Owner” means, except where the context otherwise requires,
a direct beneficial owner including, but not limited to, all persons
or entities as follows:
a.
all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b.
all partners of a general partnership,
Oklahoma Statutes - Title 63. Public Health and Safety
c.
all general partners and all limited partners that own
an interest in a limited partnership,
d.
all members that own an interest in a limited
liability company,
e.
all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f.
all persons or entities that own interest in a joint
venture,
g.
all persons or entities that own an interest in an
association,
h.
the owners of any other type of legal entity, and
i.
any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
50. “Package” or “packaging” means any container or wrapper
that may be used by a medical marijuana business to enclose or
contain medical marijuana;
51. “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;
52. “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;
53. “Production batch” means:
a.
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,
or
b.
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;
54. “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;
55. “Public money” means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
Oklahoma Statutes - Title 63. Public Health and Safety
56. “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;
57. “Registered to conduct business” means a person that has
provided proof that the business applicant is in good standing with
the Secretary of State and Oklahoma Tax Commission;
58. “Remediation” means the process by which the medical
marijuana flower or trim, which has failed testing, is processed
into solvent-based medical marijuana concentrate and the final
product is tested as required by the Oklahoma Medical Marijuana and
Patient Protection Act;
59. “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;
60. “Revocation” means the final decision by the Department
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;
61. “School” means a public or private preschool, a public or
private elementary or secondary school, or a 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;
62. “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;
63. “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 Department;
Oklahoma Statutes - Title 63. Public Health and Safety
64. “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;
65. “Strain” means the classification of marijuana or cannabis
plants in either pure sativa, indica, afghanica, ruderalis or hybrid
varieties;
66. “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;
67. “Test batch” means with regard to usable marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, that is harvested during a seven-day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from usable marijuana, means an identified
quantity that is uniform, that is intended to meet specifications
for identity, strength and composition, and that is manufactured,
packaged and labeled during a specified time period according to a
single manufacturing, packaging and labeling protocol;
68. “Transporter agent” means a person who transports medical
marijuana or medical marijuana products for a licensed transporter
and holds a transporter agent license pursuant to the Oklahoma
Medical Marijuana and Patient Protection Act;
69. “Universal symbol” means the image established by the State
Department of Health or Oklahoma Medical Marijuana Authority and
made available to licensees through its website indicating that the
medical marijuana or the medical marijuana product contains THC;
70. “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
71. “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. 584, § 4, emerg. eff. May 28, 2021; Laws 2022, c. 317, § 1,
emerg. eff. May 20, 2022; Laws 2024, c. 447, § 3, emerg. eff. June
14, 2024.
NOTE: Laws 2019, c. 337, § 5 repealed by Laws 2020, c. 161, § 49,
emerg. eff. May 21, 2020.
NOTE: Laws 2022, c. 317, § 1 was purportedly repealed by Laws 2024,
c. 182, § 18 but without reference to Laws 2024, c. 447, § 3, which
amended it.
Oklahoma Statutes - Title 63. Public Health and Safety
Source: official Oklahoma text · Last verified 2026-08-27
Frequently Asked Questions About Oklahoma § 63-427.2
What does Oklahoma Statutes § 63-427.2 cover?
Section 63-427.2 ("See the following versions:") is part of the Oklahoma Statutes, the codified statutory law of Oklahoma. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Oklahoma § 63-427.2?
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Is this the official text of Oklahoma law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Oklahoma official source linked on this page or consult a licensed Oklahoma attorney.
How does Oklahoma § 63-427.2 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Oklahoma can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Oklahoma.