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Oklahoma Legislature· HB 4293Referred to Rules

An act relating to controlled dangerous substances, the official text

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1                   STATE OF OKLAHOMA

2   2nd Session of the 60th Legislature (2026)

3 HOUSE BILL 4293   By: Pae

4

5

6                   AS INTRODUCED

7   An Act relating to controlled dangerous substances;

    creating the Veterans Mental Health Innovation Act;

8   authorizing certain entities to conduct scientific

    research and clinical trials related to ibogaine;

9   specifying certain uses for which scientific research

    or clinical trials are authorized; limiting number of

10  memoranda of agreement that universities or

    institutions of higher education may enter into;

11  imposing requirements with respect to studies;

    requiring registration with the State Department of

12  Health and the Oklahoma Department of Agriculture,

    Food, and Forestry; prescribing requirements for

13  registration information; providing for specified

    nonrefundable fees; requiring additional registration

14  with the Oklahoma State Bureau of Narcotics and

    Dangerous Drugs Control; stipulating duration of

15  registration; requiring certain notification of

    change of facility location; requiring written

16  certifications for clinical trial participants;

    prescribing content of written certifications;

17  providing for expiration of certifications; providing

    immunity to persons conducting or participating in

18  research or clinical trials; requiring submission of

    written reports by certain date; providing for

19  confidentiality of certain personal information;

    requiring specified agencies to maintain

20  confidentiality with respect to information;

    directing promulgation of rules; providing for

21  codification; and providing an effective date.

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    Req. No. 15634                                         Page 1
1 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

2   SECTION 1.        NEW LAW     A new section of law to be codified

3 in the Oklahoma Statutes as Section 2-810 of Title 63, unless there

4 is created a duplication in numbering, reads as follows:

5   A. This act shall be known and may be cited as the "Veterans

6 Mental Health Innovation Act".

7   B. The purpose of this act is to allow states and commonwealths

8 to join a multistate consortium to advance research on ibogaine as

9 medical treatment.

10  SECTION 2.        NEW LAW     A new section of law to be codified

11 in the Oklahoma Statutes as Section 2-811 of Title 63, unless there

12 is created a duplication in numbering, reads as follows:

13  A. A university or other institution of higher education

14 located in this state, or a research facility that has entered into

15 a memorandum of agreement with a university or institution of higher

16 education located in this state, may conduct scientific research on

17 ibogaine for the treatment of persons eighteen (18) years of age or

18 older who experience any of the following medical conditions:

19  1. Posttraumatic stress disorder;

20  2. Treatment-resistant/refractory depression;

21  3. Treatment-resistant/refractory anxiety;

22  4. Treatment-resistant/refractory obsessive-compulsive

23 disorder;

24  5. Traumatic brain injury;

    Req. No. 15634                                                Page 2
1   6. Early-stage dementia;

2   7. Palliative care;

3   8. End-of-life care;

4   9. Opioid use disorder; or

5   10. Moderate to severe chronic pain.

6   B. The university or institution of higher education may enter

7 into no more than one memorandum of agreement with a research

8 facility for the purposes of conducting scientific research under

9 this section.

10  C. In conducting such scientific research as described in

11 subsection B of this section, the studies shall:

12  1. Study the therapeutic efficacy of using ibogaine in the

13 treatment of the medical conditions listed in subsection B of this

14 section;

15  2. Review the current literature regarding:

16           a. the safety and efficacy of using ibogaine in the

17               treatment of the medical conditions listed in

18               subsection C of this section, and

19           b. the access persons have to ibogaine for the treatment

20               of the medical conditions listed in subsection A of

21               this section; and

22  3. Examine the science of cultivation, synthesis, extraction,

23 and processing of ibogaine as well as any other naturally occurring

24 source organisms of these molecules.

    Req. No. 15634                                                Page 3
1   D. 1. Eligible entities as described in subsection A of this

2 section shall register with the State Department of Health and the

3 Oklahoma Department of Agriculture, Food, and Forestry prior to and

4 for the purposes of growing, studying, processing, or dispensing

5 ibogaine-containing Tabernanthe iboga plant, or studying,

6 extracting, synthesizing, or dispensing ibogaine. The registration

7 submission information shall include:

8   a. the name and address of the research facility,

9   b. a prospectus approved by a university or other

10  institution of higher education, and

11  c. certification from the institutional review board of

12  the university or institution of higher education if

13  human trials are part of the research.

14  2. By registering, the registrant acknowledges and agrees that:

15  a. the information contained in the registration

16  submissions may be provided to law enforcement

17  agencies, and

18  b. the registrant shall submit an annual report detailing

19  compliance with annual regulation requirements.

20  3. The State Department of Health shall collect a one-time,

21 nonrefundable fee of Five Hundred Dollars ($500.00) from the

22 registrant at the time of registration and the Oklahoma Department

23 of Agriculture, Food, and Forestry shall collect a one-time

24 nonrefundable fee of One Hundred Dollars ($100.00) from the

    Req. No. 15634                                               Page 4
1 registrant at the time of registration. The registrant shall, upon

2 completion of registration with the State Department of Health and

3 the Oklahoma Department of Agriculture, Food, and Forestry, register

4 with the Oklahoma State Bureau of Narcotics and Dangerous Drugs

5 Control as provided by Section 2-301 et seq. of Title 63 of the

6 Oklahoma Statutes annually for as long as the research remains

7 active.

8   4. Registration under this subsection is valid for one (1)

9 year, effective upon confirmation and receipt of all registrations

10 required by this subsection. Notwithstanding the registration fee

11 listed in Section 2-303 of Title 63 of the Oklahoma Statutes, the

12 registration required by this subsection shall satisfy and supersede

13 all other registration and reporting requirements otherwise imposed

14 by state law.

15  5. Should the registrant change facility locations for the

16 cultivation, testing, synthesis, storage, or dispensing of ibogaine,

17 it shall report such changes within fourteen (14) business days to

18 the State Department of Health, the Oklahoma Department of

19 Agriculture, Food, and Forestry, and the Oklahoma State Bureau of

20 Narcotics and Dangerous Drugs Control.

21  E. 1. A written certification shall be issued to persons

22 qualifying for participation in the pilot program described in this

23 section by a physician participating in the pilot program. The

24 written certification shall contain the following:

    Req. No. 15634                                                 Page 5
1            a. the name, address, and telephone number of the issuing

2                 physician,

3            b. the name and address of the patient to whom the

4                 written certification is issued,

5            c. the date on which the written certification was made,

6            d. the signature of the physician,

7            e. the quantity of ibogaine to be dispensed, and

8            f. the form of ibogaine to be dispensed.

9   2. The written certification issued under this subsection shall

10 expire one (1) year after its issuance unless the written

11 certification specifies an earlier date of expiration.

12  F. 1. A scientific researcher or physician operating under a

13 valid registration issued in accordance with this section shall not

14 be subject to arrest, prosecution, or any civil or administrative

15 penalty for the possession, cultivation, synthesis, extraction, or

16 distribution of ibogaine insofar as the scientific researcher's or

17 physician's conduct is in compliance with the provisions of this

18 section.

19  2. A patient participating in the pilot program under a valid

20 written certification issued in accordance with this section shall

21 not be subject to arrest, prosecution, or any civil or

22 administrative penalty for the use or possession of ibogaine insofar

23 as the patient's conduct is in compliance with the provisions of

24 this section.

    Req. No. 15634                                               Page 6
1   3. In any prosecution involving possession of ibogaine as those

2 terms are specified in subsection C of Section 2-204 of Title 63 of

3 the Oklahoma Statutes, it shall be an affirmative defense if a

4 person can demonstrate by clear and convincing evidence that he or

5 she has one or more of the qualifying medical conditions or

6 circumstances listed in subsection B of this section. This

7 subsection shall not be understood to be the decriminalization of

8 ibogaine.

9   G. Researching entities shall submit a final written report to

10 the President Pro Tempore of the Oklahoma State Senate and the

11 Speaker of the Oklahoma House of Representatives containing the

12 results of the studies conducted under this section and any

13 recommendations for legislative or other actions not later than

14 December 1, 2029.

15  H. Researching entities shall ensure any protected health

16 information collected during the pilot program done in accordance

17 with this section does not personally identify any individual.

18  I. The State Department of Health, the Oklahoma Department of

19 Agriculture, Food, and Forestry, the Oklahoma State Bureau of

20 Narcotics and Dangerous Drugs Control, and any other state agency

21 with access to the research programs authorized by this section

22 shall not release or allow to be released through inaction any

23 protected health information. The protected health information of

24

    Req. No. 15634                                                  Page 7
1 pilot program participants shall be exempt from the Oklahoma Open

2 Records Act.

3       J. The State Commissioner of Health, the State Board of

4 Agriculture, and the Director of the Oklahoma State Bureau of

5 Narcotics and Dangerous Drugs Control shall promulgate rules

6 necessary to implement the program authorized in this section.

7       K. On the condition that ibogaine is approved by the Untied

8 States Food and Drug Administration to treat a medical condition:

9       1. A licensed physician shall prescribe ibogaine for a patient;

10 and

11      2. A licensed physician shall supervise the administration of

12 ibogaine at a hospital or other licensed health care facility to

13 ensure the patient's safety while the patient is under the influence

14 of ibogaine.

15      SECTION 3. This act shall become effective November 1, 2026.

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17      60-2-15634  TKR  01/12/26

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    Req. No. 15634                                                Page 8
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