Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
2 2nd Session of the 60th Legislature (2026)
3 HOUSE BILL 3013 By: Rosecrants
4
5
6 AS INTRODUCED
7 An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.17, as last amended by Section
8 142, Chapter 452, O.S.L. 2024 (63 O.S. Supp. 2025,
Section 427.17), which relates to the Oklahoma
9 Medical Marijuana and Patient Protection Act;
requiring final harvest and production batch samples
10 to be tested for certain pesticide analytes; and
providing an effective date.
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12
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.17, as
16 last amended by Section 142, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
17 2025, Section 427.17), is amended to read as follows:
18 Section 427.17. A. There is hereby created a medical marijuana
19 testing laboratory license as a category of the medical marijuana
20 business license. The Oklahoma Medical Marijuana Authority, the
21 Oklahoma State Bureau of Narcotics and Dangerous Drugs Control, the
22 Oklahoma State Bureau of Investigation, and the Attorney General are
23 hereby enabled to monitor, inspect and audit a licensed testing
24
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1 laboratory under the Oklahoma Medical Marijuana and Patient
2 Protection Act.
3 B. The Authority is hereby authorized to operate a quality
4 assurance laboratory or to contract with a private laboratory for
5 the purpose of conducting compliance testing of medical marijuana
6 testing laboratories licensed in this state. Any such laboratory
7 under contract for compliance testing shall be prohibited from
8 conducting any other commercial medical marijuana testing in this
9 state. If the Authority contracts with a private laboratory to
10 implement the requirements of this section:
11 1. The laboratory shall not employ, or be owned by, the
12 following:
13 a. any individual that has a direct or indirect interest
14 in a licensed medical marijuana business, or
15 b. any individual or his or her spouse, parent, child,
16 spouse of a child, sibling or spouse of a sibling that
17 has an application for a medical marijuana business
18 license pending before the Authority or is a member of
19 the board of directors of a medical marijuana
20 business, or is an individual financially interested
21 in any licensee or medical marijuana business located
22 within this state; and
23 2. The laboratory and a board or committee comprised of
24 licensed Oklahoma medical marijuana laboratories currently
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1 accredited by the International Organization for Standardization
2 (ISO) shall provide to the Authority its recommendations for all
3 equipment and standards to be utilized by licensed medical marijuana
4 testing laboratories when testing samples of medical marijuana,
5 medical marijuana concentrate, and medical marijuana products as
6 well as standard operating procedures when extracting and testing
7 medical marijuana, medical marijuana concentrate, and medical
8 marijuana products. The recommendations shall be submitted to the
9 Authority no later than June 1, 2023. The Authority shall have
10 ninety (90) days from the date it receives the recommendations to
11 promulgate new rules or modify its current rules for laboratory
12 standards and testing. Beginning June 1, 2024, medical marijuana
13 testing laboratories renewing their medical marijuana business
14 license shall be subject to and comply with any new or modified
15 rules relating to the testing of medical marijuana, medical
16 marijuana concentrate, and medical marijuana products. The refusal
17 or failure of a medical marijuana testing laboratory licensee to
18 comply with new or modified rules relating to laboratory standards
19 and testing procedures promulgated under the provisions of this
20 paragraph shall result in the permanent revocation of the medical
21 marijuana testing laboratory license.
22 C. The Authority shall develop acceptable testing practices
23 including, but not limited to, testing, standards, quality control
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1 analysis, equipment certification and calibration, process
2 validation, and chemical identification and substances used.
3 D. A person who is a direct beneficial owner of a medical
4 marijuana dispensary, medical marijuana commercial grower or medical
5 marijuana processor shall not be an owner of a laboratory.
6 E. A laboratory and a laboratory applicant shall comply with
7 all applicable local ordinances including, but not limited to,
8 zoning, occupancy, licensing and building codes.
9 F. A separate license shall be required for each specific
10 laboratory.
11 G. A medical marijuana testing laboratory license may be issued
12 to a person who performs testing on medical marijuana and medical
13 marijuana products for medical marijuana businesses, medical
14 marijuana research facilities, medical marijuana education
15 facilities, and testing on marijuana and marijuana products grown or
16 produced by a patient or caregiver on behalf of a patient, upon
17 verification of registration. A medical marijuana testing
18 laboratory may also conduct research related to the development and
19 improvement of its testing practices and procedures. No state-
20 approved medical marijuana testing facility shall operate unless a
21 medical laboratory director is on site during operational hours.
22 H. Laboratory applicants and licensees shall comply with the
23 application requirements of this section and shall submit such other
24 information as required for a medical marijuana business applicant,
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1 in addition to any information the Authority may request for initial
2 approval and periodic evaluations during the approval period.
3 I. A medical marijuana testing laboratory may accept samples of
4 medical marijuana, medical marijuana concentrate or medical
5 marijuana product from a medical marijuana business, medical
6 marijuana research facility or medical marijuana education facility
7 for testing purposes only, which purposes may include the provision
8 of testing services for samples submitted by a medical marijuana
9 business for product development. The Authority may require a
10 medical marijuana business to submit a sample of medical marijuana,
11 medical marijuana concentrate or medical marijuana product to a
12 medical marijuana testing or quality assurance laboratory upon
13 demand.
14 J. A medical marijuana testing laboratory may accept samples of
15 medical marijuana, medical marijuana concentrate or medical
16 marijuana product from an individual person for testing only under
17 the following conditions:
18 1. The individual person is a patient or caregiver pursuant to
19 the Oklahoma Medical Marijuana and Patient Protection Act or is a
20 participant in an approved clinical or observational study conducted
21 by a research facility; and
22 2. The medical marijuana testing laboratory shall require the
23 patient or caregiver to produce a valid patient license and current
24 and valid photo identification.
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1 K. A medical marijuana testing laboratory may transfer samples
2 to another medical marijuana testing laboratory for testing. All
3 laboratory reports provided to or by a medical marijuana business or
4 to a patient or caregiver shall identify the medical marijuana
5 testing laboratory that actually conducted the test.
6 L. A medical marijuana testing laboratory may utilize a
7 licensed medical marijuana transporter to transport samples of
8 medical marijuana, medical marijuana concentrate and medical
9 marijuana product for testing, in accordance with the Oklahoma
10 Medical Marijuana and Patient Protection Act and the rules adopted
11 pursuant thereto, between the originating medical marijuana business
12 requesting testing services and the destination laboratory
13 performing testing services.
14 M. The medical marijuana testing laboratory shall establish
15 policies to prevent the existence of or appearance of undue
16 commercial, financial or other influences that may diminish the
17 competency, impartiality and integrity of the testing processes or
18 results of the laboratory, or that may diminish public confidence in
19 the competency, impartiality and integrity of the testing processes
20 or results of the laboratory. At a minimum, employees, owners or
21 agents of a medical marijuana testing laboratory who participate in
22 any aspect of the analysis and results of a sample are prohibited
23 from improperly influencing the testing process, improperly
24 manipulating data or improperly benefiting from any ongoing
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1 financial, employment, personal or business relationship with the
2 medical marijuana business that provided the sample. A medical
3 marijuana testing laboratory shall not test samples for any medical
4 marijuana business in which an owner, employee or agent of the
5 medical marijuana testing laboratory has any form of ownership or
6 financial interest in the medical marijuana business.
7 N. The Authority, pursuant to rules promulgated by the
8 Executive Director of the Authority, shall develop standards,
9 policies and procedures as necessary for:
10 1. The cleanliness and orderliness of a laboratory premises and
11 the location of the laboratory in a secure location, and inspection,
12 cleaning and maintenance of any equipment or utensils used for the
13 analysis of test samples;
14 2. Testing procedures, testing standards for cannabinoid and
15 terpenoid potency and safe levels of contaminants, process
16 validation, and remediation procedures. Process validation shall be
17 voluntary, and no licensee shall be required to validate their
18 process. The Authority shall develop standards and requirements for
19 a licensee to achieve process validation by January 1, 2024. The
20 standards, policies, and procedures for process validation shall
21 include, but not be limited to:
22 a. initial requirements to achieve process validation and
23 ongoing minimum testing requirements once a licensee
24 has achieved process validation,
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1 b. requiring licensees to track their marijuana and
2 marijuana product inventory with the Authority's
3 designated seed-to-sale system provided the Authority
4 has selected a seed-to-sale system. This requirement
5 for compliance with the seed-to-sale system shall be
6 mandatory for licensees seeking to achieve process
7 validation whether or not compliance with a seed-to-
8 sale system is mandatory for all licensees,
9 c. requiring licensees that are utilizing process
10 validation to use a laboratory that is certified as a
11 certified process validation testing laboratory,
12 d. requiring licensees to record and document retention
13 policies, which at a minimum shall require licensees
14 to retain all documents and records related to process
15 validation. Such records shall be maintained by the
16 licensee for as long as the licensee is continuing to
17 operate under that validated process. Licensees shall
18 retain all such documents and records for at least
19 four (4) years after the licensee has stopped using
20 the validated process or after the licensee has made a
21 significant process change to a validated process.
22 Any significant process change to the validated
23 processes of a licensee is subject to the same
24 document retention requirements and shall be retained
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1 for as long as the significant process change is part
2 of an ongoing validated process, and for at least four
3 (4) years after the licensee has stopped using the
4 validated process or after the licensee has made a
5 subsequent significant process change to the validated
6 process. The Authority shall promulgate rules for any
7 modifications to the validated processes,
8 e. requiring licensees to keep all records and documents
9 related to their process validation ready and
10 accessible at the address listed on their marijuana
11 business license for inspection or audit by the
12 Authority without any notice from the Authority,
13 f. a process for biannual inspections by the Authority
14 that, at a minimum, includes random testing of
15 products being produced under process validation. The
16 Authority shall be the entity that obtains the random
17 sample during the biannual inspections and shall have
18 access to all products being produced or grown under
19 process validation. The Authority shall take samples
20 to the quality assurance laboratory,
21 g. a process to revoke the authority of licensees to
22 operate under process validation,
23 h. punishment for violations of process validation that,
24 at a minimum, would prohibit a licensee from operating
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1 under process validation for five (5) years and the
2 assessment of a fine not to exceed Fifty Thousand
3 Dollars ($50,000.00). Any such fine levied against a
4 licensee found to have violated the laws or rules of
5 process validation shall be remitted to the Department
6 of Mental Health and Substance Abuse Services,
7 i. punishment for violations if an adulterated product
8 that was produced under process validation fails
9 testing and the batch or lot has been sold to a
10 dispensary, the first violation shall be the
11 assessment of a fine not to exceed Ten Thousand
12 Dollars ($10,000.00) and a public recall of the
13 product. The licensee shall further be required to
14 revalidate the process. A second violation within two
15 (2) years of a previous violation shall be the
16 assessment of a fine not to exceed Seventy-five
17 Thousand Dollars ($75,000.00) and a public recall of
18 the product. The licensee shall further be prohibited
19 from utilizing process validation for a minimum of
20 five (5) years. A third violation within two (2)
21 years of a previous violation shall be the assessment
22 of a fine of Two Hundred Fifty Thousand Dollars
23 ($250,000.00) and a public recall of the product. The
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1 licensee shall further be prohibited from utilizing
2 process validation,
3 j. any willful violation of process validation shall
4 result in the assessment of a fine of Two Hundred
5 Fifty Thousand Dollars ($250,000.00) and a license
6 revocation hearing. A second willful violation of
7 process validation shall result in the assessment of a
8 fine of One Million Dollars ($1,000,000.00) and a
9 hearing to permanently revoke the license,
10 k. an annual registration fee of Five Thousand Dollars
11 ($5,000.00) per licensee, in addition to any other
12 fees due by the licensee, to be deposited in the
13 Oklahoma Medical Marijuana Authority Revolving Fund
14 for the enforcement of the laws and regulations of the
15 Authority,
16 l. establishing criteria for eligibility of testing
17 laboratories to be certified as a Certified Process
18 Validation Testing Laboratory and to conduct testing
19 for licensees pursuing or operating under process
20 validation. The criteria shall, at a minimum, pass
21 five (5) consecutive blind proficiency tests without a
22 failure over the course of six (6) months. The
23 proficiency tests shall be administered by the quality
24 assurance laboratory,
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1 m. punishment for violations by a Certified Process
2 Validation Testing Laboratory that has been found to
3 have been falsifying data, providing misinformation,
4 or any unethical practices related to process
5 validation at a minimum shall prohibit a licensee from
6 operating under process validation for up to twenty-
7 five (25) years and the assessment of a fine not to
8 exceed One Million Dollars ($1,000,000.00). Any such
9 fine levied against a licensee shall be remitted to
10 the Authority for deposit into the Oklahoma Medical
11 Marijuana Authority Revolving Fund. In addition to
12 this fine, in response to a finding of a willful
13 violation of process validation by the Authority, the
14 Authority shall also be authorized to collect, levy,
15 or impose any other fee, fine, penalty, or action as
16 allowed by law, and
17 n. a process to revoke the certification of a testing
18 laboratory that is seeking to be a Certified Process
19 Validation Testing Laboratory;
20 3. Controlled access areas for storage of medical marijuana and
21 medical marijuana product test samples, waste and reference
22 standards;
23 4. Records to be retained and computer systems to be utilized
24 by the laboratory;
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1 5. The possession, storage and use by the laboratory of
2 reagents, solutions and reference standards;
3 6. A certificate of analysis (COA) for each lot of reference
4 standard;
5 7. The transport and disposal of unused marijuana, marijuana
6 products and waste;
7 8. The mandatory use by a laboratory of an inventory tracking
8 system to ensure all harvest and production batches or samples
9 containing medical marijuana, medical marijuana concentrate or
10 medical marijuana products are identified and tracked from the point
11 they are transferred from a medical marijuana business, a patient or
12 a caregiver through the point of transfer, destruction or disposal.
13 The inventory tracking system reporting shall include the results of
14 any tests that are conducted on medical marijuana, medical marijuana
15 concentrate or medical marijuana product;
16 9. Standards of performance;
17 10. The employment of laboratory personnel;
18 11. A written standard operating procedure manual to be
19 maintained and updated by the laboratory;
20 12. The successful participation in a proficiency testing
21 program approved by the Executive Director for each testing category
22 listed in this section, in order to obtain and maintain
23 certification;
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1 13. The establishment of and adherence to a quality assurance
2 and quality control program to ensure sufficient monitoring of
3 laboratory processes and quality of results reported;
4 14. The immediate recall of medical marijuana or medical
5 marijuana products that test above allowable thresholds or are
6 otherwise determined to be unsafe;
7 15. The establishment by the laboratory of a system to document
8 the complete chain of custody for samples from receipt through
9 disposal;
10 16. The establishment by the laboratory of a system to retain
11 and maintain all required records, including business records, and
12 processes to ensure results are reported in a timely and accurate
13 manner; and
14 17. Any other aspect of laboratory testing of medical marijuana
15 or medical marijuana product deemed necessary by the Executive
16 Director.
17 O. A medical marijuana testing laboratory shall promptly
18 provide the Authority or designee of the Authority access to a
19 report of a test and any underlying data that is conducted on a
20 sample at the request of a medical marijuana business or qualified
21 patient. A medical marijuana testing laboratory shall also provide
22 access to the Authority or designee of the Authority to laboratory
23 premises and to any material or information requested by the
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1 Authority to determine compliance with the requirements of this
2 section.
3 P. A medical marijuana testing laboratory shall retain all
4 results of laboratory tests conducted on marijuana or products for a
5 period of at least seven (7) years and shall make them available to
6 the Authority upon request.
7 Q. A medical marijuana testing laboratory shall test samples
8 from each harvest batch or, product batch, or samples consistent
9 with the rules promulgated for process validation, as appropriate,
10 of medical marijuana, medical marijuana concentrate and medical
11 marijuana product for each of the following categories of testing,
12 consistent with standards developed by the Executive Director:
13 1. Microbials;
14 2. Mycotoxins;
15 3. Residual solvents;
16 4. Pesticides;
17 5. Tetrahydrocannabinol (THC) and other cannabinoid potency;
18 6. Terpenoid type and concentration; and
19 7. Heavy metals.
20 R. A licensed medical marijuana testing laboratory shall test
21 each individual harvest batch. A grower shall separate each harvest
22 lot of usable marijuana into harvest batches containing no more than
23 fifteen (15) pounds, with the exception of any plant material to be
24 sold to a licensed processor for the purposes of turning the plant
Req. No. 15107 Page 15
1 material into concentrate which may be separated into harvest
2 batches of no more than fifty (50) pounds. A processor shall
3 separate each medical marijuana production lot into production
4 batches containing no more than four (4) liters of concentrate or
5 nine (9) pounds for nonliquid products, and for final products, the
6 Oklahoma Medical Marijuana Authority shall be authorized to
7 promulgate rules on final products as necessary. Provided, however,
8 the Authority shall not require testing of final products less often
9 than every one thousand (1,000) grams of THC. As used in this
10 subsection, "final products" shall include, but not be limited to,
11 cookies, brownies, candies, gummies, beverages and chocolates.
12 S. Medical marijuana testing laboratory licensure shall be
13 contingent upon successful on-site inspection, successful
14 participation in proficiency testing and ongoing compliance with the
15 applicable requirements in this section.
16 T. A medical marijuana testing laboratory shall be inspected
17 prior to initial licensure and up to two (2) times per year
18 thereafter by an inspector approved by the Authority. The Authority
19 may enter the licensed premises of a testing laboratory to conduct
20 investigations and additional inspections when the Authority
21 believes an investigation or additional inspection is necessary due
22 to a possible violation of applicable laws, rules or regulations.
23 U. Medical marijuana testing laboratories shall obtain
24 accreditation by an accrediting body approved by the Executive
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1 Director or the Authority's quality assurance laboratory within one
2 (1) year of the date the initial license is issued. Renewal of any
3 medical marijuana testing laboratory license shall be contingent
4 upon accreditation in accordance with this subsection. All medical
5 marijuana testing laboratories shall obtain accreditation prior to
6 applying for and receiving a medical marijuana testing laboratory
7 license.
8 V. Unless authorized by the provisions of this section, a
9 commercial grower shall not transfer or sell medical marijuana and a
10 processor shall not transfer, sell or process into a concentrate or
11 product any medical marijuana, medical marijuana concentrate or
12 medical marijuana product unless samples from each harvest batch or,
13 production batch, or samples consistent with the rules promulgated
14 for process validation, from which that medical marijuana, medical
15 marijuana concentrate or medical marijuana product was derived has
16 been tested by a medical marijuana testing laboratory and passed all
17 contaminant tests required by the Oklahoma Medical Marijuana and
18 Patient Protection Act and applicable laws, rules and regulations.
19 A licensed commercial grower may transfer medical marijuana that has
20 failed testing to a licensed processor only for the purposes of
21 decontamination or remediation and only in accordance with the
22 provisions of the Oklahoma Medical Marijuana and Patient Protection
23 Act and the rules and regulations promulgated by the Executive
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1 Director. Remediated and decontaminated medical marijuana may be
2 returned only to the originating licensed commercial grower.
3 W. Kief shall not be transferred or sold except as authorized
4 in the rules and regulations promulgated by the Executive Director.
5 X. As provided in subsection Q of this section, final harvest
6 batch samples and final production batch samples shall be tested for
7 pesticide analytes and shall be less than (<) the allowable
8 threshold, in parts per million. Testing for the following
9 pesticide analytes and allowable thresholds shall be required:
10 1. Abamectin (B1a & B1b) < 0.5 0.1 ppm;
11 2. Azoxystrobin < 0.2 ppm;
12 3. Acephate < 0.02 ppm;
13 4. Bifenazate < 0.2 ppm;
14 5. Acequinocyl < 0.03 ppm;
15 6. Etoxazole < 0.2 ppm;
16 7. Acetamiprid < 0.1 ppm;
17 8. Imazalil < 0.2 ppm;
18 9. Aldicarb < 1.0 ppm;
19 10. Imidacloprid < 0.4 ppm;
20 11. Azoxystrobin < 0.02 ppm;
21 12. Malathion < 0.2 ppm;
22 13. Bifenazate < 0.02 ppm;
23 14. Myclobutanil < 0.2 ppm;
24 15. Bifenthrin < 1.0 ppm;
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1 16. Permethrins (cis & trans) < 0.2 ppm;
2 17. Boscalid < 0.02 ppm;
3 18. Spinosad (mixture of A and D) < 0.2 ppm;
4 19. Carbaryl < 0.05 ppm;
5 20. Spiromesifen < 0.2 ppm;
6 21. Carbofuran < 0.02 ppm;
7 22. Spirotetramat < 0.2 ppm;
8 23. Chlorantraniliprole < 0.02 ppm;
9 24. Tebuconazole < 0.4 ppm;
10 25. Chlorphenapyr < 0.05 ppm;
11 26. Chlorpyrifos < 0.04 ppm;
12 27. Clofentezine < 0.02 ppm;
13 28. Cyantraniliprole < 0.02 ppm;
14 29. Cyfluthrin < 0.2 ppm;
15 30. Cypermethrin < 0.3 ppm;
16 31. Daminozide < 0.1 ppm;
17 32. Diazinon < 0.02 ppm;
18 33. Dichlorvos < 0.1 ppm;
19 34. Dimethoate < 0.02 ppm;
20 35. Ethoprophos < 0.02 ppm;
21 36. Etofenprox < 0.05 ppm;
22 37. Etoxazole < 0.02 ppm;
23 38. Fenoxycarb < 0.02 ppm;
24 39. Fipronil < 0.06 ppm;
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1 40. Flonicamid < 0.05 ppm;
2 41. Fludioxonil < 0.02 ppm;
3 42. Hexythiazox < 0.01 ppm;
4 43. Imazalil < 0.05 ppm;
5 44. Imidacloprid < 0.02 ppm;
6 45. Kresoxim-methyl < 0.02 ppm;
7 46. Lamda-Cyhalothrin < 0.25 ppm;
8 47. Malathion < 0.02 ppm;
9 48. Metalaxyl < 0.02 ppm;
10 49. Methiocarb < 0.02 ppm;
11 50. Methomyl < 0.05 ppm;
12 51. MGK-264 < 0.05 ppm;
13 52. Myclobutanil < 0.02 ppm;
14 53. Naled < 0.1 ppm;
15 54. Oxamyl < 3.0 ppm;
16 55. Paclobutrazol < 0.02 ppm;
17 56. Permethrins (cis & trans) < 0.5 ppm;
18 57. Phosmet < 0.02 ppm;
19 58. Piperonyl butoxide < 0.02 ppm;
20 59. Prallethrin < 0.05 ppm;
21 60. Propiconazole < 0.1 ppm;
22 61. Propoxur < 0.02 ppm;
23 62. Pyraclostrobin < 0.02 ppm;
24 63. Pyrethrins < 0.05 ppm;
Req. No. 15107 Page 20
1 64. Pyridaben < 0.05 ppm;
2 65. Spinosad (mixture of A & D) < 0.1 ppm;
3 66. Spiromesifen < 0.2 ppm;
4 67. Spirotetramat < 0.02 ppm;
5 68. Spiroxamine < 0.1 ppm;
6 69. Tebuconazole < 0.05 ppm;
7 70. Tebufenozide < 0.02 ppm;
8 71. Thiamethoxam < 0.02 ppm; and
9 72 Trifloxystrobin < 0.02 ppm.
10 SECTION 2. This act shall become effective November 1, 2026.
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12 60-2-15107 GRS 01/05/26
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Req. No. 15107 Page 21Every fact on this page links to its source, starting with the official bill record.