Oklahoma § 63-427.24 - Tagging and embargo of products deemed in violation –

§ 63-427.24. Tagging and embargo of products deemed in violation –

Disposal – Court action to condemn and destroy embargoed products.

A. Whenever an authorized agent of the Oklahoma Medical

Marijuana Authority finds, in whole or in part, that the medical

marijuana or medical marijuana product fails to meet the

requirements of Sections 420 through 426.1 of this title or the

Oklahoma Medical Marijuana and Patient Protection Act as it relates

to health and safety, the medical marijuana or medical marijuana

product is handled in violation of applicable laws or rules and

regulations promulgated by the Executive Director of the Authority,

or the medical marijuana or medical marijuana product may be

poisonous, deleterious to health or is otherwise unsafe, an

electronic or physical tag or other appropriate marking or hold

shall be affixed to the medical marijuana or medical marijuana

product which shall give notice that the medical marijuana or

medical marijuana product is or is suspected of being manufactured,

produced, transferred, sold or offered for sale in violation of

applicable laws or rules and regulations promulgated by the

Executive Director and is embargoed. The notice shall further

provide a warning to all persons not to remove or dispose of the

medical marijuana or medical marijuana product until permission for

removal or disposal is given by the Executive Director. It shall be

unlawful for any person to remove or dispose of the medical

marijuana or medical marijuana product embargoed without permission

by the Executive Director.

B. If the Executive Director finds that medical marijuana or

medical marijuana product embargoed pursuant to subsection A of this

section does not meet the requirements of applicable laws or rules

and regulations promulgated by the Executive Director, or is

poisonous, deleterious to health or otherwise unsafe, the Executive

Director may institute an action in the district court in whose

Oklahoma Statutes - Title 63. Public Health and Safety

jurisdiction the medical marijuana or medical marijuana product is

embargoed for the condemnation and destruction of the medical

marijuana or medical marijuana product. If the Executive Director

finds that the medical marijuana or medical marijuana product

embargoed does meet the requirements of applicable laws and the

rules and regulations promulgated by the Executive Director and is

not poisonous, deleterious to health or otherwise unsafe, the

Executive Director shall remove the embargo. In any court

proceeding regarding an embargo, neither the Authority or the

Executive Director shall be held liable if the court finds

reasonable belief for the embargo.

C. Except as otherwise provided in subsection D of this

section, if the court finds that the embargoed medical marijuana or

medical marijuana product, in whole or in part, is in violation of

any applicable laws or rules and regulations promulgated by the

Executive Director or is poisonous, deleterious to health or

otherwise unsafe, the medical marijuana or medical marijuana product

shall be destroyed at the expense of the defendant under the

supervision of the Executive Director. All court costs, fees, costs

of storage and disposal and other proper expenses shall be paid by

the defendant of the medical marijuana or medical marijuana product.

D. The court may order that the medical marijuana or medical

marijuana product be delivered to the defendant for appropriate

labeling or processing under the supervision of the Executive

Director only if:

1. The violation can be corrected by proper processing of

medical marijuana or medical marijuana product;

2. All costs, fees and expenses have been paid; and

3. A sufficient bond is executed and conditioned for

appropriate labeling or processing as the court may require.

The expense of supervision shall be paid to the Executive

Director by the person obtaining release of the medical marijuana or

medical marijuana product under bond.

Added by Laws 2021, c. 553, § 25, eff. Nov. 1, 2021. Amended by

Laws 2022, c. 251, § 23, eff. Nov. 1, 2022.