Okla. Stat. tit. 63, § 427.2

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;

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 medical- marijuana-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

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;

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-marijuana- infused 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;

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

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;

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

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),

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 medical- marijuana-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;

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;

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;

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-marijuana- infused 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

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,

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;

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;

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.

§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.

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;

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

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.

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