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2022 2022 marijuana seed guide

2022 Legislative Session Updates

The Oklahoma Legislature’s annual regular session is February through May. The Legislature considers thousands of bills during each session, some of which are relevant to OMMA. Bills are considered first in legislative committees that vote on which bills to send for consideration by the full state House of Representatives and Senate.

Bills approved by both the House and Senate go to the Governor for consideration. If the Governor signs a bill, it becomes state law. If the Governor vetoes a bill, it does not become state law unless the Legislature overrides the veto.

OMMA then undergoes the process of drafting rules and regulations to comply with these new state laws. Click here to see the rules and a roadmap of the rulemaking process.

Medical Marijuana Legislation

Oklahoma legislators authored the following medical marijuana-related bills for consideration during this year’s session. The sheer number of bills and amendments during the legislative process means there may also be other bills affecting the industry that are not on this list.

The list is for informational purposes only – it’s not an indication that OMMA supports or opposes any of the bills or their contents.

For convenience, the bills are grouped by the main subject area affected by the proposed legislation.

All Commercial Licenses

HB 2023: Permits licensed business owners to transfer licenses with OMMA approval and payment of a fee, authored by Rep. Fetgatter and Sen. Leewright.

HB 2987: Allows municipalities to pass ordinances limiting the total number of medical marijuana industry businesses allowed to operate within municipal limits, under certain conditions, authored by Rep. Olsen.

HB 3141: Requires medical marijuana businesses to obtain certain permits, certificates and registrations from local governments before OMMA licensure, authored by Rep. Kendrix.

HB 3679: Requires all medical marijuana businesses to be 100% owned by Oklahoma residents, and existing non-resident owners to fully divest heir holdings, authored by Rep. S. Roberts.

HB 4411: Deletes a limitation that restricts the number of post-licensure inspections in a calendar year, authored by Rep. D. Lowe.

SB 445: Adjusts provisions imposing fines on medical marijuana businesses, and clarifies the fines are administrative and not criminal, authored by Sen. Paxton and Rep. D. Hardin.

SB 459: Includes volunteers and other non-employees who have roles in safety-sensitive positions within a workplace, or are employed in the medical marijuana industry, be subjected to the same drug testing policies as all other employees, authored by Sens. Paxton and Burns.

SB 680: Creates the Medical Marijuana and Patient Protection Act, which prohibits the transfer, selling or processing of any marijuana product or waste which hasn’t met all testing requirements, authored by Sen. Daniels and Rep. Marti. (Also listed in the Labs and Testing section.)

SB 1195: Adjust requirements requiring that medical marijuana businesses not be located near schools to include childcare facilities, and also to apply to commercial grow and processing infrastructure along with dispensaries, authored by Sen. Bergstrom.

SB 1704: Increases penalties on improper sale, transfer or purchase of medical marijuana, and requires license revocation on the second offense by any business or employee, authored by Sen. Paxton. (Also listed in the Enforcement section.)

SB 1737: Requires businesses to post license holder information in a conspicuous, publicly visible location, authored by Sen. Stephens.

SB 1755: Requires all commercial applicants to undergo inspections and review by relevant authorities, as determined by OMMA, before becoming operational. OMMA may issue a conditional license while the applicant secures the necessary inspections or reviews. Authored by Sen. Leewright.

SB 1779: Requires businesses to post license holder information in a conspicuous, publicly visible location, authored by Sen. Jett.

SB 1841: Directs the OMMA to suspend or revoke the license of any business in violation of any regulation established by state agencies or statutes for more than 30 days after receiving a notice of their violation, authored by Sen. Paxton. (Also listed in the OMMA section.)

SB 1847: Establishes a system for businesses to undergo voluntary process validation to reduce required testing standards, authored by Sen. Rogers. (Also listed in the Labs and Testing section.)

Growers

HB 2012: Creates the Oklahoma Marijuana Act of 2021, by Rep. Townley and Sen. Weaver. (Also listed in the Dispensaries section.)

HB 2989: Requires anyone seeking to obtain a commercial grower license to be approved by a public vote in the county or counties where the facility is located, authored by Rep. Russ.

HB 3461: Prohibits commercial grow operations near places of worship, schools or childcare centers, authored by Rep. Grego.

HB 3827: Requires commercial growers to register as an environmentally sensitive crop owner, authored by Rep. Newton.

HB 3891: Requires commercial grow operations to be at least 1,000 feet away form any public school, authored by Rep. Townley.

HB 4416: Directs commercial growers to annually submit certain information to the OMMA, authored by Rep. D. Lowe.

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HB 4432: Requires commercial growers to display outdoor signage, authored by Rep. Patzkowsky.

SB 1511: Imposes certain restrictions on the location of commercial grower operations, authored by Sen. Rosino and Rep. Pfeiffer.

SB 1697: Requires commercial growers to acquire a bond of at least $25,000 for each license held, authored by Sen. Jech.

SB 1718: Places a freeze on all new commercial grower licenses until the OMMA conducts an inspection and financial audit of existing licensees, authored by Sen. Merrick.

SB 1726: Includes commercial grow operations in restrictions on the establishment of medical marijuana business infrastructure near schools and includes technology centers, authored by Sen. Leewright.

SB 1747: Establishes standards for determining the value of damaged or destroyed marijuana plants, and provides liability protections to aerial applicators against claims by indoor grow operations, and directs the OMMA to track plant value, authored by Sen. Murdock.

Dispensaries

HB 1960: Authorizes dispensaries to deliver to patients at certain private residences, authored by Rep. Fetgatter. (Also listed in the Patients and Enforcement sections.)

HB 2012: Creates the Oklahoma Marijuana Act of 2021, by Rep. Townley and Sen. Weaver. (Also listed in the Growers section.)

HB 2216: Directs OMMA to help dispensaries identify out-of-state medical marijuana patient licenses or certifications, and allows the dispensaries to sell products to those patients, authored by Rep. McDugle. (Also listed in the Licensing section.)

HB 2659: Adjusts provisions related to transport of plants and products, and allows dispensary-to-dispensary sales, authored by Rep. Echols and Sen. Taylor.

HB 2763: Allows dispensaries to operate drive-thru lanes, authored by Rep. Ford.

Processors

HB 2660: Establishes regulations for non-volatile and volatile processor licenses, authored by Rep. Echols. (Also listed in the Licensing section.)

Labs and Testing

HB 3999: Prohibits testing laboratories from accepting samples directly from growers, authored by Rep. Dobrinski.

SB 174: Establishes educational and experience requirements for testing laboratory directors, authored by Sen. Rader.

SB 680: Creates the Medical Marijuana and Patient Protection Act, which prohibits the transfer, selling or processing of any marijuana product or waste which hasn’t met all testing requirements, authored by Sen. Daniels and Rep. Marti. (Also listed in the All Commercial Licensees section.)

SB 1847: Establishes a system for businesses to undergo voluntary process validation to reduce required testing standards, authored by Sen. Rogers. (Also listed in the All Commercial Licensees section.)

Licensing

HB 2022: Removes provisions related to temporary patient licenses, and provides standards for nonresident patient licenses including a requirement for an Oklahoma physician to sign the application, authored by Rep. Fetgatter and Sen. Leewright.

HB 2216: Directs OMMA to help dispensaries identify out-of-state medical marijuana patient licenses or certifications, and allows the dispensaries to sell products to those patients, authored by Rep. McDugle. (Also listed in the Dispensaries section.)

HB 2244: Allows patient licenses to be issued to firefighters, authored by Rep. May. (Also listed in the Patients section.)

HB 2482: Allows elected officials on municipal governing bodies to own and operate medical marijuana businesses, but requires them to recuse themselves from related votes and actions, authored by Rep. McBride.

HB 2660: Establishes regulations for non-volatile and volatile processor licenses, authored by Rep. Echols. (Also listed in the Processors section.)

HB 3634: Establishes a wholesaler license, authored by Rep. Fetgatter.

HB 3726: Creates the Oklahoma Cap on Medical Marijuana Businesses Act of 2022, providing a limit on business licenses with an eventual target number of 2,000, with a lottery to determine licensing, authored by Rep. J. West.

HB 3727: Directs OMMA to place a temporary moratorium on the issuance of new business licenses, authored by Rep. J. West.

HB 3734: Adjusts licensing procedures for OMMA to issue temporary business licenses to prospective applicants before issuing final approval and an annual license, authored by Rep. Fetgatter. (Also listed in the Patients section.)

SB 522: Requires the OMMA to contract with third-party vendors to provide licensing services beginning in 2024, authored by Sen. Taylor and Rep. Echols.

Patients

HB 1960: Authorizes dispensaries to deliver to patients at certain private residences, authored by Rep. Fetgatter. (Also listed in the Dispensaries and Enforcement sections.)

HB 2244: Allows patient licenses to be issued to firefighters, authored by Rep. May. (Also listed in the Licensing section.)

HB 3269: Adjusts certain improper possession of marijuana to a civil offense, and allows people who acquire a medical marijuana patient or caregiver license within 45 days of being cited to request penalties for carrying marijuana be vacated, authored by Rep. Mize. (Also listed in the Enforcement section.)

HB 3699: Provides a sales tax exemption on medical marijuana purchases for honorably discharged veterans, authored by Rep. McDugle.

HB 3734: Adjusts licensing procedures for OMMA to issue temporary business licenses to prospective applicants before issuing final approval and an annual license, authored by Rep. Fetgatter. (Also listed in the Licensing section.)

SB 442: Provides that no one holding a valid patient license be denied a handgun license if otherwise qualified, authored by Sen. Dahm and Rep. S. Roberts.

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Enforcement

HB 1960: Authorizes dispensaries to deliver to patients at certain private residences, authored by Rep. Fetgatter. (Also listed in the Dispensaries and Patients sections.)

HB 2301: Prohibits smoking tobacco, vapor or marijuana products in public parks, authored by Rep. Roberts.

HB 3269: Adjusts certain improper possession of marijuana to a civil offense, and allows people who acquire a medical marijuana patient or caregiver license within 45 days of being cited to request penalties for carrying marijuana be vacated, authored by Rep. Mize. (Also listed in the Patients section.)

HB 3530: Directs OMMA to establish programs and provide funding to support county sheriff enforcement of medical marijuana laws and regulations, authored by Rep. D. Hardin and Sen. Weaver. (Also listed in the OMMA section.)

HB 3728: Removes various prohibited actions and non-criminal penalties associated with improper activity by medical marijuana businesses, authored by Rep. J. West.

HB 3739: Directs the OMMA and OSDH to establish rules to allow enforcement against nuisance odors created by medical marijuana industry operations, authored by Rep. Bashore. (Also listed in the OMMA section.)

HB 3754: Creates the Oklahoma Adult Access to Marijuana Act, providing rules and standards for decriminalization and limited sale of marijuana products to anyone age 21+, authored by Rep. Fetgatter.

SB 1367: Enhances penalties for the unlawful diversion of medical marijuana products to someone not legally allowed to acquire or consume them, authored by Sen. Paxton.

SB 1704: Increases penalties on improper sale, transfer or purchase of medical marijuana, and requires license revocation on the second offense by any business or employee, authored by Sen. Paxton. (Also listed in the All Commercial Licenses section.)

HB 3208: Places a moratorium on new business licenses between July 1, 2022, and July 1, 2024, authored by Rep. Cornwell.

HB 3530: Directs OMMA to establish programs and provide funding to support county sheriff enforcement of medical marijuana laws and regulations, authored by Rep. D. Hardin and Sen. Weaver. (Also listed in the Enforcement section.)

HB 3739: Directs the OMMA and OSDH to establish rules to allow enforcement against nuisance odors created by medical marijuana industry operations, authored by Rep. Bashore. (Also listed in the Enforcement section.)

HB 3997: Allows the OMMA to form an internal training and certification program for compliance inspectors, authored by Rep. Dobrinski.

HB 4081: Repeals Section 5 Chapter 553, O.S.L. 2021, related to OMMA staffing, authored by Rep. Wallace.

HB 4202: Separates the OMMA from OSDH, authored by Rep. Echols.

SB 1543: Establishes the OMMA independent from OSDH, authored by Sen. Treat.

SB 1802: Provides statutory cleanup across multiple versions of statutes, authored by Sen. Howard.

SB 1841: Directs the OMMA to suspend or revoke the license of any business in violation of any regulation established by state agencies or statutes for more than 30 days after receiving a notice of their violation, authored by Sen. Paxton. (Also listed in the All Commercial Licenses section.)

Physicians

HB 2179: Prohibits veterinarians from making recommendations for medical marijuana products to be used on animal patients, authored by Rep. Fetgatter.

HB 3319: Allows the boards of nursing, osteopathic examiners, and medical licensure and supervision to grant a health care provider a temporary license when an emergency has been declared by certain entities, authored by Rep. Miller.

Packaging

HB 3019: Adjusts packaging standards to allow clear packaging for edibles, but requiring opaque exit packaging for carrying out of the dispensary, authored by Rep. Fetgatter.

SB 1219: Directs that all containers for edibles be see-through, and that all edibles be in the shape of a marijuana leaf, authored by Sen. Bullard.

General Marijuana Legislation

HB 1961: Creates the Adult Access to Marijuana Act, directing a statewide ballot measure on public marijuana use for anyone age 21+, authored by Rep. Fetgatter.

HB 2004: Clarifies OMMA licensing duties and functions, authored by Rep. Fetgatter and Sen. Rogers.

HB 2812: Prohibits currency for purchases of medical marijuana, instead using performance bonds or other sureties approved by the Insurance Commissioner, authored by Rep. Sneed.

HB 3268: Permits publicly traded companies to buy up to 100% of the equity of a licensed grower, processor or transporter, authored by Rep. Mize.

HB 3279: Creates the Oklahoma Distributed Ledger Technology Assets Offering Act, which directs and regulates the use of blockchain-driven data security technology and cryptocurrency in various facets of state government, authored by Rep. Humphrey.

SB 1665: Creates a Low Income Adult Medicaid Fund to be used by the Health Care Authority to provide medical assistance to low-income adults, authored by Sen. Murdock.

Medical marijuana bill could be back on track in N.C. legislature next year

A proposal that would legalize medical marijuana for conditions like cancer, HIV/AIDS and severe PTSD in North Carolina will be back up for debate in 2022.

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The Compassionate Care Act has gotten bipartisan support in the North Carolina Senate, but has not yet gone to the full Senate for a vote. The bill was moving quickly through committees over the summer before legislators turned their attention to redistricting and the state budget.

“We’re planning on picking up the rest and getting it through during the short session,” said Sen. Paul Lowe, a Forsyth County Democrat and a primary sponsor of the bill.

What You Need To Know
  • The Compassionate Care Act would legalize medical marijuana in North Carolina
  • The bill restricts prescribing medical pot to people with debilitating conditions like cancer, epilepsy, HIV/AIDS and severe PTSD
  • The bill has gotten bipartisan support in North Carolina Senate committees so far
  • The full Senate could take up the bill this spring. If it passes the Senate, the North Carolina House could begin debating medical marijuana during the short session

The bill has two powerful Senate Republicans backing it too: Bill Rabon, from southeastern North Carolina, and Michael Lee from New Hanover County.

The proposal would create a framework for legally prescribing and selling medical marijuana. Thirty-six states and Washington, D.C., already legalized medical or recreational marijuana, including Virginia, which completely legalized cannabis earlier this year.

North Carolina’s law would be one of the tightest in the nation, Rabon said during debate over the bill earlier this year. It sets a list of medical conditions and patients allowed to be treated with marijuana, including for cancer, epilepsy, HIV or AIDS, Crohn’s disease, sickle cell anemia and several other debilitating conditions.

Any patients in hospice care would be allowed to get marijuana.

Post-traumatic stress disorder was initially left out of the proposal. But after hearing from veterans of the wars in Iraq and Afghanistan, state Senate members decided to include a narrow set of people with PTSD in the bill.

Medical marijuana would be available to people with evidence that they experienced traumatic events, including combat veterans, victims of violent crimes and first responders, according to the latest draft of the bill.

“Anybody can’t just go out and get medical marijuana. It’s not legalization in a more profound sense at all. But it’s targeted to various medical conditions,” Lowe said in a recent interview with Spectrum News 1.

What’s in the bill?

The Compassionate Care Act sets up an advisory committee under the Department of Health and Human Services and a new commission to oversee the production, distribution and prescribing of medical marijuana and edible marijuana products.

The bill would allow the new commission to award 10 medical marijuana licenses to businesses, which can have up to four dispensaries each. Each distributor has to have at least one dispensary in a Tier 1 county, meaning one of the poorest counties in the state.

Patients who are prescribed medical marijuana will get a registry card, similar to medical marijuana cards used in other states. North Carolina will keep a database of the people prescribed medical marijuana, according to the latest draft of the bill.

Marijuana suppliers will have to keep close records of production from “seed to sale” and make that information available to state regulators in real time. The pot and marijuana-infused products would all have to be tested by independent labs before they’re sold.

The bill includes tight restrictions for when and where dispensaries can operate. They cannot be near a church or a school and would only be allowed to operate from 7 a.m. to 7:30 p.m.

Under the current Senate bill, dispensaries would not be allowed to advertise. They also would not be allowed to use pot leaves or cartoon images in their logos.

What’s next?

The North Carolina Senate is expected to take up the bill during the 2022 short session, which starts in the spring. The bill has received bipartisan support from Senate committees on health care, judiciary and finance, and could be one vote away from going before the full Senate.

If the bill passes the Senate, it would head next to the House.

House majority whip Rep. John Hardister, a Guilford County Republican, said he has not done a vote count to see how much support the bill has there.

“I’m in favor of the bill. I’m in favor of medical marijuana,” he said.

“I think that doctors ought to have the ability to prescribe it. I think that in many ways, based on the research that I’ve done, medical marijuana is less addictive and harmful than some of the opioids that are currently legal,” Hardister said.

With powerful Senate Republicans backing the bill, it could pass that chamber early in the short session. That would be the farthest a medical marijuana bill has ever made it in North Carolina, then it would be up to the House to decide if it will actually become a law.