A bill to regulate much of Oklahoma’s medical
marijuana industry is set for a final legislative step before
potentially being sent to Gov. Kevin Stitt for his signature.
House Bill 2612, more commonly known as the marijuana Unity Bill, likely will be heard this week by the Oklahoma Senate. The bill was approved 93-5 on Feb. 28 by the House and is expected to sail through the Senate.
The 77-page bill encompasses Oklahoma's fledgling medical marijuana industry. Its content is largely the product of a bicameral Medical Marijuana Working Group, whose purpose was to build a legal framework to implement State Question 788.
“The original purpose of this working group was to ensure that State Question 788 would be implemented in the most efficient and responsible way possible," said Senate President Pro Tem Greg Treat, R-Oklahoma City.
House Bill 2612, more commonly known as the marijuana Unity Bill, likely will be heard this week by the Oklahoma Senate. The bill was approved 93-5 on Feb. 28 by the House and is expected to sail through the Senate.
The 77-page bill encompasses Oklahoma's fledgling medical marijuana industry. Its content is largely the product of a bicameral Medical Marijuana Working Group, whose purpose was to build a legal framework to implement State Question 788.
“The original purpose of this working group was to ensure that State Question 788 would be implemented in the most efficient and responsible way possible," said Senate President Pro Tem Greg Treat, R-Oklahoma City.
Approved overwhelmingly last June, State Question 788 provided almost
no regulatory scheme for medical marijuana, and the state Legislature
had already completed its annual session. Lawmakers created the working
group to prepare legislation.
The Unity Bill was authored by House Majority Leader Jon Echols, R-Oklahoma City, and contains nearly two dozen sections addressing regulations for the industry. It is titled the Oklahoma Medical Marijuana and Patient Protection Act.
The act would create the Oklahoma Medical Marijuana Authority as a branch of the Oklahoma State Department of Health. It also would create the Oklahoma Medical Marijuana Authority Revolving Fund, which would be made up of fees and fines collected by the OMMA.
Testing
The Unity Bill was authored by House Majority Leader Jon Echols, R-Oklahoma City, and contains nearly two dozen sections addressing regulations for the industry. It is titled the Oklahoma Medical Marijuana and Patient Protection Act.
The act would create the Oklahoma Medical Marijuana Authority as a branch of the Oklahoma State Department of Health. It also would create the Oklahoma Medical Marijuana Authority Revolving Fund, which would be made up of fees and fines collected by the OMMA.
Testing
The Department of Health would be designated to perform on-site
assessments, provide disciplinary actions for violations and assess
monetary penalties.
Under the bill, the Oklahoma Medical Marijuana Authority would contract with a private laboratory for compliance testing of medical marijuana. Standards would be developed by the authority. Items would be tested for microbials, mycotoxins, residual solvents, pesticides, THC and other cannabinoid potency, terpenoid potency and heavy metals.
Owners of private laboratories could not own a medical marijuana dispensary, be a commercial grower, a commercial processor or owner of a business laboratory.
The authority could require medical marijuana businesses to submit samples of products for testing on demand.
Under the bill, the Oklahoma Medical Marijuana Authority would contract with a private laboratory for compliance testing of medical marijuana. Standards would be developed by the authority. Items would be tested for microbials, mycotoxins, residual solvents, pesticides, THC and other cannabinoid potency, terpenoid potency and heavy metals.
Owners of private laboratories could not own a medical marijuana dispensary, be a commercial grower, a commercial processor or owner of a business laboratory.
The authority could require medical marijuana businesses to submit samples of products for testing on demand.
Packaging and labeling
The act would implement packaging requirements for medical marijuana. Packaging should minimize appeal to children and will not depict images other than the business name logo of the producer and image of the product. These labels could not include false or misleading statements.
A business could not place content in a container that appears to target individuals under 21. Products would have to be in child-resistant containers when transferred to a patient or caregiver.
Labels could not make claims regarding health or physical benefits to the patient. They would have to include a universal symbol indicating the product contains THC, the level of THC and cannabinoid potency, terpinoid potency and a statement indicating the product had been tested for contaminants.
The act would implement packaging requirements for medical marijuana. Packaging should minimize appeal to children and will not depict images other than the business name logo of the producer and image of the product. These labels could not include false or misleading statements.
A business could not place content in a container that appears to target individuals under 21. Products would have to be in child-resistant containers when transferred to a patient or caregiver.
Labels could not make claims regarding health or physical benefits to the patient. They would have to include a universal symbol indicating the product contains THC, the level of THC and cannabinoid potency, terpinoid potency and a statement indicating the product had been tested for contaminants.
Registry and licensee rights
The act also would create a medical marijuana use registry, which would be designed to comply with state and federal laws, including the Health Insurance Portability and Accountability Act. Licensed dispensaries would be able to access the registry to verify the license of a patient.
A section clarifies rights of license holders under the act. It would prohibit counties and municipalities from infringing on rights outlined in the act. Licensees couldn't be denied entitlement programs such as Medicaid; Supplemental Nutrition Assistance Program; Women, Infants, and Children Nutrition Program; and Temporary Assistance for Needy Families.
Patients would not be denied the right to own, purchase or possess a firearm because of a medical marijuana license.
The act also would create a medical marijuana use registry, which would be designed to comply with state and federal laws, including the Health Insurance Portability and Accountability Act. Licensed dispensaries would be able to access the registry to verify the license of a patient.
A section clarifies rights of license holders under the act. It would prohibit counties and municipalities from infringing on rights outlined in the act. Licensees couldn't be denied entitlement programs such as Medicaid; Supplemental Nutrition Assistance Program; Women, Infants, and Children Nutrition Program; and Temporary Assistance for Needy Families.
Patients would not be denied the right to own, purchase or possess a firearm because of a medical marijuana license.
Government medical assistance programs would not be required to
reimburse costs for the use of medical marijuana unless federal law
required reimbursement.
An employer could not refuse to hire, discipline or discharge an applicant or employee solely based on possession of a medical marijuana license or a positive test for marijuana unless the medical marijuana was consumed at work or the position was a “safety-sensitive job.”
Safety-sensitive jobs are defined in the bill as jobs including tasks or duties the employer believes could affect the safety and health of the employee. These include working with hazardous materials; operation of motor vehicles; operating machinery; firefighting; work with electric, gas and water utilities; work with volatile, flammable or combustible materials; dispensing pharmaceuticals; carrying firearms; or direct patient or child care.
Smokable marijuana products would be subject to the same restrictions for public consumption as tobacco.
An employer could not refuse to hire, discipline or discharge an applicant or employee solely based on possession of a medical marijuana license or a positive test for marijuana unless the medical marijuana was consumed at work or the position was a “safety-sensitive job.”
Safety-sensitive jobs are defined in the bill as jobs including tasks or duties the employer believes could affect the safety and health of the employee. These include working with hazardous materials; operation of motor vehicles; operating machinery; firefighting; work with electric, gas and water utilities; work with volatile, flammable or combustible materials; dispensing pharmaceuticals; carrying firearms; or direct patient or child care.
Smokable marijuana products would be subject to the same restrictions for public consumption as tobacco.
The authority could contact a physician to verify an applicant’s need for a medical marijuana license.
Medical marijuana license applicants who are 100 percent disabled veterans would pay a reduced application fee.
For a patient to grow his own marijuana, he would have to do so on his own property or have the property owner's written consent. The marijuana could not be accessible or visible to a member of the general public.
A patient’s license would be valid for up to two years.
Medical marijuana license applicants who are 100 percent disabled veterans would pay a reduced application fee.
For a patient to grow his own marijuana, he would have to do so on his own property or have the property owner's written consent. The marijuana could not be accessible or visible to a member of the general public.
A patient’s license would be valid for up to two years.
Physician requirements
Only licensed Oklahoma allopathic and osteopathic physicians could provide recommendation for a patient license. The act also provides protection for physicians for providing a medical marijuana license recommendation. If the physician determines the patient no longer meets requirements, the physician shall notify the Department and the Authority will revoke the license.
Physicians could not be located at the same physical address as a dispensary.
Business requirements
Only licensed Oklahoma allopathic and osteopathic physicians could provide recommendation for a patient license. The act also provides protection for physicians for providing a medical marijuana license recommendation. If the physician determines the patient no longer meets requirements, the physician shall notify the Department and the Authority will revoke the license.
Physicians could not be located at the same physical address as a dispensary.
Business requirements
Medical marijuana products would have to be purchased from
Oklahoma-licensed medical marijuana businesses. The Authority would
require medical marijuana businesses to keep records for transactions
and would use a seed-to-sale tracking system.
Seed-to-sale tracking systems would include businesses, product types, batch numbers of plants used, financial details and any other information required by the Health Department.
Medical marijuana businesses could not engage in deceptive, false or misleading advertising.
Advertisements could not contain content targeting individuals younger than 18.
Patient and certain financial records would remain confidential and exempt from the Oklahoma Open Records Act.
Seed-to-sale tracking systems would include businesses, product types, batch numbers of plants used, financial details and any other information required by the Health Department.
Medical marijuana businesses could not engage in deceptive, false or misleading advertising.
Advertisements could not contain content targeting individuals younger than 18.
Patient and certain financial records would remain confidential and exempt from the Oklahoma Open Records Act.
Other licenses
A caregiver license would be created, with caregivers defined as “a family member or assistant who regularly looks after a medical marijuana license holder.” These caregivers would be authorized to deliver marijuana and products to authorized patients.
Business licenses would be required, with an application fee of $2,500. There would be no limit to the number of business licenses an individual entity can apply for, but there would be separate applications and fees.
Applicants would have to be 25 or older, be an Oklahoma resident and not convicted of a nonviolent felony in the last two years and any other felony within the last five years.
A caregiver license would be created, with caregivers defined as “a family member or assistant who regularly looks after a medical marijuana license holder.” These caregivers would be authorized to deliver marijuana and products to authorized patients.
Business licenses would be required, with an application fee of $2,500. There would be no limit to the number of business licenses an individual entity can apply for, but there would be separate applications and fees.
Applicants would have to be 25 or older, be an Oklahoma resident and not convicted of a nonviolent felony in the last two years and any other felony within the last five years.
Among those who could not get a business license would be law
enforcement officials, employees of the Oklahoma Medical Marijuana
Authority or a municipality. Publicly traded companies also could not
receive a business license.
The Department of Health would be authorized to develop policies for disclosure of business and financial interest and ownership of a medical marijuana business.
Transporter licenses would be issued for commercial growers, processors and dispensaries.
This would allow the transportation of large quantities of medical marijuana from business to business or a research or education facility.
Transport vehicles would have GPS trackers and locked containers clearly labeling products, which would be in a secured area of the vehicle not accessible by the driver.
The Department of Health would be authorized to develop policies for disclosure of business and financial interest and ownership of a medical marijuana business.
Transporter licenses would be issued for commercial growers, processors and dispensaries.
This would allow the transportation of large quantities of medical marijuana from business to business or a research or education facility.
Transport vehicles would have GPS trackers and locked containers clearly labeling products, which would be in a secured area of the vehicle not accessible by the driver.
A research license could be obtained for individuals to grow,
cultivate, process or transfer marijuana plants for the purpose of
research. A medical marijuana education facility license could also be
obtained
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