Oklahoma § 63-427.25 - Secret shoppers – Laboratory testing – Enforcement

§ 63-427.25. Secret shoppers – Laboratory testing – Enforcement

A. The Oklahoma Medical Marijuana Authority shall implement

rules to employ secret shoppers. Secret shoppers shall purchase

medical marijuana or marijuana products from licensed medical

marijuana dispensaries utilizing cash from the petty cash fund

authorized in Section 5 of this act.

B. The secret shopper shall be authorized to:

1. Purchase an amount of medical marijuana or marijuana

products sufficient for two complete compliance tests; or

Oklahoma Statutes - Title 63. Public Health and Safety

2. Attempt to purchase medical marijuana or marijuana products

in order to prove compliance with the Oklahoma Medical Marijuana and

Patient Protection Act or any rule determined by the Authority.

C. Samples collected pursuant to paragraph 1 of subsection B of

this section shall be tested by licensed medical marijuana testing

laboratories, one of which shall be the laboratory of origin, if

applicable, and one of which may be the Authority’s quality

assurance laboratory. One sample shall be kept in reserve by the

Authority in the event of a discrepancy between the testing

laboratories, which may require retesting of the medical marijuana

or marijuana products. When making purchases from a licensed

medical marijuana dispensary, the secret shopper shall ask for the

certificate of analysis for each product purchased.

D. The secret shopper shall deliver the medical marijuana or

marijuana products to a quality assurance laboratory, which may be

the Authority’s quality assurance laboratory, for homogenization.

Once the samples have been homogenized, the samples shall be

delivered to two licensed medical marijuana testing laboratories,

one of which may be the Authority’s quality assurance laboratory,

for compliance testing which shall include the testing for

pesticides, heavy metals, microbials, residual solvents for

extracted products, and potency. One sample shall be kept by the

Authority in reserve. If the medical marijuana or marijuana

products were previously tested with available results from a

licensed medical marijuana testing laboratory, that testing

laboratory shall be one of the licensed medical marijuana testing

laboratories chosen by the Authority. For the avoidance of doubt,

neither the licensed medical marijuana dispensary nor the licensed

medical marijuana testing laboratory shall be told that the business

entity is selling medical marijuana or marijuana products to a

secret shopper or testing samples submitted by a secret shopper

employed by the Authority and posing as a licensed medical marijuana

patient.

E. The Authority shall inspect, by secret shopper, a minimum of

fifty licensed medical marijuana dispensaries annually beginning

January 1, 2024. In the year 2025, the Authority shall inspect, by

secret shopper, a minimum of ten percent (10%) of randomly selected

licensed medical marijuana dispensaries in Oklahoma per year.

F. 1. When the licensed medical marijuana testing laboratories

unanimously confirm test results with safety failures for

contaminants, the Authority shall recall the medical marijuana or

marijuana product within seven (7) days of obtaining the test

results. The name of the licensed medical marijuana dispensary and

any other relevant product information shall be made public via a

press release issued by the Authority. If there is greater than one

contaminant fails among the licensed medical marijuana testing

laboratories, the Authority shall work with a quality assurance

Oklahoma Statutes - Title 63. Public Health and Safety

laboratory to verify the results of the licensed medical marijuana

testing laboratories and take appropriate action.

2. When the average of total potency or total terpene results

collected from a licensed medical marijuana testing laboratory for a

particular product is outside the allowable limits, the Authority

shall work with a quality assurance laboratory to verify the results

of the testing laboratory. If results are verified to be outside

the allowable limits, the Authority shall require relabeling of the

medical marijuana or marijuana products.

3. All investigative results shall be retained by the Authority

for a minimum of three (3) years.

4. The Authority shall implement rules to notify any licensed

medical marijuana dispensary and licensed medical marijuana grower

or licensed medical marijuana processor of any investigative results

determined to be noncompliant.

5. After the licensed medical marijuana dispensary and licensed

medical marijuana grower or licensed medical marijuana processor is

notified of the investigative results, such results may be used by

the Authority to take action against the licensee, assess fines, or

assess other civil penalties available to the Authority.

6. The Authority shall implement rules on sharing such

investigative results with any other law enforcement agencies or

regulatory authorities.

7. The Authority may elect to conduct further evaluations of

the investigative results at any time for verification or for other

purposes reasonably related to sanitation, public health, or public

safety.

G. The failure of any licensed medical marijuana business to

cooperate with the provisions of this section may result in the

revocation of the license at the discretion of the Authority.

H. Any secret shopper performing any provision of this section

shall not be required to fulfill licensing requirements of Section

420 of this title for a patient license and shall be able to enter a

dispensary with appropriate authorization as determined by the

Authority.

I. The Authority shall implement rules necessary to enforce the

provisions of this section.

Added by Laws 2022, c. 352, § 1, eff. July 1, 2024. Amended by Laws

2023, c. 322, § 11, emerg. eff. June 1, 2023.