Oklahoma § 63-427.26 - Bond required for land used in commercial growing

§ 63-427.26. Bond required for land used in commercial growing

operations.

A. It shall be unlawful for any holder of a medical marijuana

business license pursuant to Section 427.14 of Title 63 of the

Oklahoma Statutes to engage in any commercial growing operations in

this state without acquiring a bond. The bond shall cover that area

Oklahoma Statutes - Title 63. Public Health and Safety

of land within the permit area upon which the business licensee will

initiate and conduct commercial growing operations.

B. Every applicant for a commercial grower license or

commercial grower licensee shall file with the Oklahoma Medical

Marijuana Authority a bond satisfactory to the Authority and in the

amount no less than Fifty Thousand Dollars ($50,000.00) for each

license sought or held, with a surety company qualified to do

business in this state as a surety. The bond shall be furnished to

the state for the use of the state pursuant to the provisions of

this act. The bond shall be conditional that the obligor will

comply with the provisions of this act including, but not limited

to, building codes, administrative rules, and other relevant laws,

and all rules and regulations made pursuant to this act and will pay

all amounts of money that may be due to the state during the time

such bond is in effect.

C. The Authority or the Department of Environmental Quality may

require a higher amount depending upon the reclamation requirements

of the approved application. The amount shall reflect the probable

difficulty of reclamation with consideration for such factors

including, but not limited to, topography, hydrology, and

revegetation potential. The amount of the bond for a commercial

growing operation shall be sufficient to assure the completion of

the reclamation plan if the work has to be performed by the

Authority or the Department of Environmental Quality in the event of

revocation of license.

D. An appropriate agency may recall the bond if the property

has been abandoned, the Authority revokes the commercial growing

operation’s license, or in response to receiving notice of a

violation of any law, regulation, policy, or ordinance necessitating

remedial action. The bond shall be used to defray the cost of

restoration of the property including, but not limited to, removing

equipment, destruction of waste, remediation of environmental

hazards, prohibiting public access, addressing improperly coded

buildings, or determination of the final disposition of any seized

property.

E. A holder of a medical marijuana business license pursuant to

Section 427.14 of Title 63 of the Oklahoma Statutes engaging in a

commercial growing operation may operate without obtaining a bond

upon verification by the Authority that the permitted land on which

the licensee operates the commercial growing operation has been

owned by the licensee for at least a five-year period prior to

submission of application.

Added by Laws 2023, c. 41, § 2, emerg. eff. April 20, 2023.