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1 STATE OF OKLAHOMA
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2 2nd Session of the 60th Legislature (2026)
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3 SENATE BILL 1352 By: Stewart
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6 AS INTRODUCED
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7 An Act relating to medical marijuana licenses;
7 amending 63 O.S. 2021, Section 426.1, as last amended
8 by Section 2, Chapter 447, O.S.L. 2024 (63 O.S. Supp.
8 2025, Section 426.1), which relates to licensure
9 revocation hearings; excluding certain applicants
9 from certain provisions; updating statutory
10 reference; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 426.1, as
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15 last amended by Section 2, Chapter 447, O.S.L. 2024 (63 O.S. Supp.
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16 2025, Section 426.1), is amended to read as follows:
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17 Section 426.1. A. All licensure revocation hearings conducted
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18 pursuant to marijuana licenses established in the Oklahoma Statutes
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19 shall be recorded. A party may request a copy of the recording of
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20 the proceedings. Copies shall be provided to local law enforcement
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21 if the revocation was based on alleged criminal activity.
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22 B. The Oklahoma Medical Marijuana Authority shall assist any
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23 law enforcement officer in the performance of his or her duties upon
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24 such request by the law enforcement officer or the request of other
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Req. No. 2714 Page 1
1 local officials having jurisdiction. Except for license information
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2 concerning licensed patients, as defined in Section 427.2 of this
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3 title, the Authority shall share information with law enforcement
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4 agencies upon request without a subpoena or search warrant.
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5 C. The Authority shall make available all information on
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6 whether a medical marijuana patient or caregiver license is valid to
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7 law enforcement electronically through an online verification
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8 system.
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9 D. The Authority shall make available to state agencies and
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10 political subdivisions a list of marijuana-licensed premises,
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11 medical marijuana businesses, or any other premises where marijuana
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12 or its by-products are licensed to be cultivated, grown, processed,
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13 stored, or manufactured to aid state agencies and county and
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14 municipal governments in identifying locations within their
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15 jurisdiction and ensuring compliance with applicable laws, rules,
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16 and regulations.
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17 E. 1. Any marijuana-licensed premises, medical marijuana
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18 business, or any other premises where marijuana or its by-products
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19 are licensed to be cultivated, grown, processed, stored, or
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20 manufactured shall submit with its application or request to change
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21 location, after notifying the political subdivision of its intent, a
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22 certificate of occupancy from the political subdivision or State
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23 Fire Marshal where the facility of the applicant or licensee is to
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24 be located certifying compliance with zoning classifications,
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Req. No. 2714 Page 2
1 applicable municipal ordinances, and all applicable safety,
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2 electrical, fire, plumbing, waste, construction, and building
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3 specification codes. If the political subdivision does not have an
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4 authority having a jurisdiction agreement on file with the Office of
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5 the State Fire Marshal, the State Fire Marshal shall certify
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6 compliance with all applicable safety, electrical, fire, plumbing,
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7 waste, construction, and building specification codes.
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8 2. Beginning on May 28, 2021, upon the initial request for
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9 renewal or transfer of a retail marijuana dispensary license, a
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10 municipal government may object to the continued licensure of the
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11 medical marijuana dispensary if the municipal government determines
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12 it is operating contrary to the required setback distance from a
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13 school including the error in measurement allowance authorized by
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14 Section 425 of this title.
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15 3. To prevent the granting of the grandfather provisions of
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16 Section 425 of this title as a matter of law, the municipal
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17 government shall provide the following documentation prior to the
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18 initial renewal or transfer of a license:
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19 a. a municipal resolution finding that the marijuana
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20 dispensary is located within the prohibited setback
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21 distance from a school that was openly in existence in
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22 such a way that the public generally would have known
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23 of the school's existence and operation in that
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24 location prior to the original marijuana dispensary
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1 being licensed. For purposes of this subparagraph,
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2 "openly in existence" means any building, location, or
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3 structure on a school site that has visible outward
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4 markings indicating the building, location, or
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5 structure was operating as a school which would serve
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6 as sufficient notice of the existence of the school or
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7 a reason for further inquiry on the part of the
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8 marijuana dispensary license applicant. Openly in
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9 existence shall not mean any school that operated
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10 secretly or discreetly without any signs or other
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11 markings on any building, location, or structure on
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12 the school site, undeveloped land or a structure owned
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13 by a school that was not openly used and marked as a
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14 school site, or any school site that was established
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15 after the marijuana dispensary had been established
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16 and licensed by the Authority, and
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17 b. documentation of the measured distance from the school
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18 to the marijuana dispensary utilizing the method for
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19 determining the setback distance less any allowable
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20 error in measurement calculated and remeasured on and
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21 after the effective date of this act May 28, 2021, as
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22 authorized by Section 425 of this title.
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23 4. Prior to initial renewal or transfer of a license and upon
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24 receipt of documentation required by paragraph 3 of this subsection,
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1 if the Authority determines that the medical marijuana dispensary is
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2 operating contrary to the required setback distance from a school
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3 including the error in measurement allowance authorized by Section
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4 425 of this title, the Authority may deny the renewal or transfer of
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5 the medical marijuana dispensary license and shall cause the license
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6 to be revoked.
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7 5. For purposes of this subsection, "school" means the same as
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8 defined in Section 427.2 of this title.
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9 Once a certificate of occupancy has been submitted to the
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10 Oklahoma Medical Marijuana Authority showing full compliance as
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11 outlined in this subsection, the licensee shall only need to submit
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12 an affidavit for license renewal stating the premises continues to
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13 comply with zoning classifications, applicable municipal ordinances,
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14 and all applicable safety, electrical, fire, plumbing, waste,
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15 construction, and building specification codes. An additional
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16 certificate of occupancy along with an affidavit shall be submitted
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17 if a change of use or occupancy occurs, or there is any change
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18 concerning the facility or location that would, by law, require
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19 additional inspection, licensure, or permitting by the state or
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20 municipality. Municipalities or the State Fire Marshal may
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21 implement an inspection program to verify compliance with this
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22 subsection. The Authority shall promulgate the rules necessary for
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23 the affidavit provided in this subsection. If an application for
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24 renewal is submitted in violation of the provisions of this
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Req. No. 2714 Page 5
1 subsection or information provided on the affidavit is inaccurate or
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2 untrue, the Authority shall suspend operations of the licensee's
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3 premises until compliance is reestablished. All existing medical
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4 marijuana business licensees and registrants that do not possess a
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5 valid certificate of occupancy, where required, shall be subject to
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6 revocation until such time as a valid certificate of occupancy is
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7 obtained for all applicable structures. This provision shall not
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8 apply to medical marijuana business licensees and registrants who
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9 submitted a full and complete application for a valid certificate of
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10 occupancy to the State Fire Marshal or political subdivision with an
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11 authority having a jurisdiction agreement on file with the State
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12 Fire Marshal before February 1, 2024, and while the same application
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13 remains under review by the State Fire Marshal or political
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14 subdivision, or in the case that the application submitted before
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15 February 1, 2024, was denied, any reapplication by the same medical
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16 marijuana business licensee or registrant. Medical marijuana
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17 business licensees and registrants are responsible for compliance
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18 with applicable state fire, building, and electrical codes and may
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19 be liable for all damage that results from noncompliance with state
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20 fire, building, and electrical codes to the extent authorized by
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21 law.
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22 SECTION 2. This act shall become effective November 1, 2026.
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24 60-2-2714 CAD 12/30/2025 1:20:26 PM
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Req. No. 2714 Page 6Every fact on this page links to its source, starting with the official bill record.