An act relating to medical marijuana licenses, the official text

1                  STATE OF OKLAHOMA

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2                 1st Session of the 60th Legislature (2025)

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3 SENATE BILL 774                  By: Coleman
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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, Sections 420, as amended by

8   Section 1, Chapter 182, O.S.L. 2024, and 427.7 (63

8   O.S. Supp. 2024, Section 420), which relate to

9   medical marijuana patient licenses and registry;

9   modifying certain identification number; requiring

10  certain barcode; 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 420, as

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15 amended by Section 1, Chapter 182, O.S.L. 2024 (63 O.S. Supp. 2024,
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16 Section 420), is amended to read as follows:
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17  Section 420. A. A person in possession of a state-issued

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18 medical marijuana patient license shall be able to:
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19  1. Consume marijuana legally;

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20  2. Legally possess up to three (3) ounces or eighty-four and

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21 nine-tenths (84.9) grams of marijuana on their person;
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22  3. Legally possess six mature marijuana plants and the

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23 harvested marijuana therefrom;
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24  4. Legally possess six seedling plants;

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1   5. Legally possess one (1) ounce or twenty-eight and three

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2 tenths (28.3) grams of concentrated marijuana;
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3   6. Legally possess seventy-two (72) ounces or two thousand

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4 thirty-seven and six-tenths (2037.6) grams of edible marijuana;
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5   7. Legally possess up to eight (8) ounces or two hundred

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6 twenty-six and four-tenths (226.4) grams of marijuana in their
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7 residence; and
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8   8. Legally possess seventy-two (72) ounces of topical

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9 marijuana.
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10  B. Possession of up to one and one-half (1.5) ounces or forty-

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11 two and forty-five one-hundredths (42.45) grams of marijuana by
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12 persons who can state a medical condition, but are not in possession
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13 of a state-issued medical marijuana patient license, shall
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14 constitute a misdemeanor offense punishable by a fine not to exceed
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15 Four Hundred Dollars ($400.00) and shall not be subject to
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16 imprisonment for the offense. Any law enforcement officer who comes
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17 in contact with a person in violation of this subsection and who is
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18 satisfied as to the identity of the person, as well as any other
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19 pertinent information the law enforcement officer deems necessary,
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20 shall issue to the person a written citation containing a notice to
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21 answer the charge against the person in the appropriate court. Upon
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22 receiving the written promise of the alleged violator to answer as
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23 specified in the citation, the law enforcement officer shall release
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1 the person upon personal recognizance unless there has been a
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2 violation of another provision of law.
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3   C. The Oklahoma Medical Marijuana Authority shall be

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4 established which shall receive applications for medical marijuana
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5 patient and caregiver license recipients, dispensaries, growers, and
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6 processors within sixty (60) days of the passage of this initiative.
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7   D. The Authority shall, within thirty (30) days of passage of

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8 this initiative, make available on its website, in an easy-to-find
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9 location, an application for a medical marijuana patient license.
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10 The license shall be valid for two (2) years. The biannual
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11 application fee shall be One Hundred Dollars ($100.00), or Twenty
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12 Dollars ($20.00) for individuals on Medicaid, Medicare or
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13 SoonerCare. The methods of payment shall be provided on the website
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14 of the Authority. Reprints of the medical marijuana patient license
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15 shall be Twenty Dollars ($20.00).
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16  E. A short-term medical marijuana patient license application

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17 shall also be made available on the website of the Authority. A
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18 short-term medical marijuana patient license shall be granted to any
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19 applicant who can meet the requirements for a two-year medical
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20 marijuana patient license, but whose physician recommendation for
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21 medical marijuana is only valid for sixty (60) days. Short-term
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22 medical marijuana patient licenses shall be issued for sixty (60)
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23 days. The fee for a short-term medical marijuana patient license,
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24 reprints of the short-term medical marijuana patient license, and
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1 the procedure for extending or renewing the license shall be
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2 determined by the Executive Director of the Authority.
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3   F. A temporary medical marijuana patient license application

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4 shall also be made available on the website of the Authority for
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5 residents of other states. Temporary medical marijuana patient
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6 licenses shall be granted to any medical marijuana license holders
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7 from other states, provided that such states have state-regulated
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8 medical marijuana programs, and applicants can prove they are
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9 members of such programs. Temporary medical marijuana patient
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10 licenses shall be issued for thirty (30) days. The cost for a
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11 temporary license shall be One Hundred Dollars ($100.00). Renewal
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12 shall be granted with resubmission of a new application. No
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13 additional criteria shall be required. Reprints of the temporary
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14 medical marijuana patient license shall be Twenty Dollars ($20.00).
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15  G. Medical marijuana patient license applicants shall submit

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16 their applications to the Authority for approval. The applicant
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17 shall be a resident of this state and shall prove residency by a
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18 valid driver license, utility bills, or other accepted methods.
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19  H. The Authority shall review the medical marijuana patient

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20 license application; approve, reject, or deny the application; and
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21 mail the approval, rejection, or denial letter stating any reasons
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22 for rejection, to the applicant within fourteen (14) business days
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23 of receipt of the application. Approved applicants shall be issued
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24 a medical marijuana patient license which shall act as proof of his
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    Req. No. 362                                          Page 4
1 or her approved status. Applications may only be rejected or denied
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2 based on the applicant not meeting stated criteria or improper
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3 completion of the application.
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4   I. The Authority shall make available, both on its website and

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5 through a telephone verification system, an easy method to validate
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6 the authenticity of the medical marijuana patient license by the
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7 unique twenty-four-character twelve-character identification number
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8 and PDF417 barcode.
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9   J. The Authority shall ensure that all medical marijuana

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10 patient and caregiver records and information are sealed to protect
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11 the privacy of medical marijuana patient license applicants.
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12  K. A caregiver license shall be made available for qualified

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13 caregivers of a medical marijuana patient license holder who is
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14 homebound. As provided in Section 427.11 of this title, the
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15 caregiver license shall provide the caregiver the same rights as the
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16 medical marijuana patient licensee including the ability to possess
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17 marijuana, marijuana products and mature and immature plants or
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18 cultivated medical marijuana pursuant to the Oklahoma Medical
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19 Marijuana and Patient Protection Act, but excluding the ability to
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20 use marijuana or marijuana products unless the caregiver has a
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21 medical marijuana patient license. Applicants for a caregiver
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22 license shall submit proof of the license status and homebound
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23 status of the medical marijuana patient and proof that the applicant
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24 is the designee of the medical marijuana patient. The applicant
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1 shall also submit proof that he or she is eighteen (18) years of age
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2 or older and proof of his or her state residency. This shall be the
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3 only criteria for a caregiver license. A licensed caregiver shall
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4 not cultivate medical marijuana for more than five medical marijuana
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5 patient licensees and shall not charge a medical marijuana patient
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6 licensee for cultivating medical marijuana in excess of the actual
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7 costs incurred in cultivating the medical marijuana.
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8   L. All applicants for a medical marijuana patient license shall

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9 be eighteen (18) years of age or older. A special exception shall
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10 be granted to an applicant under the age of eighteen (18); however,
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11 these applications shall be signed by two physicians and the parent
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12 or legal guardian of the applicant.
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13  M. All applications for a medical marijuana patient license

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14 shall be signed by an Oklahoma physician licensed by and in good
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15 standing with the State Board of Medical Licensure and Supervision,
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16 the State Board of Osteopathic Examiners, or the Board of Podiatric
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17 Medical Examiners. There are no qualifying conditions. A medical
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18 marijuana patient license shall be recommended according to the
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19 accepted standards a reasonable and prudent physician would follow
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20 when recommending or approving any medication. No physician may be
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21 unduly stigmatized, penalized, subjected to discipline, sanctioned,
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22 reprimanded or harassed for signing a medical marijuana patient
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23 license application; provided, the physician acted in accordance
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1 with the provisions of this subsection and all other rules governing
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2 the medical license of the physician in this state.
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3   N. Counties and cities may enact medical marijuana guidelines

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4 allowing medical marijuana patient license holders or caregiver
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5 license holders to exceed the state limits set forth in subsection A
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6 of this section.
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7   SECTION 2.      AMENDATORY      63 O.S. 2021, Section 427.7, is

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8 amended to read as follows:
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9   Section 427.7. A. The Oklahoma Medical Marijuana Authority

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10 shall create a medical marijuana use registry of patients and
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11 caregivers as provided under this section. The handling of any
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12 records maintained in the registry shall comply with all applicable
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13 state and federal privacy laws.
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14  B. The medical marijuana use registry shall be accessible to:

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15  1. Oklahoma-licensed medical marijuana dispensaries to verify

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16 the license of a patient or caregiver by the twenty-four-character
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17 twelve-character identifier and PDF417 barcode; and
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18  2. Any court in this state.

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19  C. All other records regarding a medical marijuana patient or

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20 caregiver licensee shall be maintained by the Authority and shall be
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21 deemed confidential. The handling of any records maintained by the
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22 Authority shall comply with all applicable state and federal privacy
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23 laws. Such records shall be marked as confidential, shall not be
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24 made available to the public, and shall only be made available to
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    Req. No. 362                                        Page 7
1 the licensee, designee of the licensee, any physician of the
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2 licensee or the caregiver of the licensee.
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3   D. A log shall be kept with the file of the licensee to record

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4 any event in which the records of the licensee were made available
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5 and to whom the records were provided.
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6   E. The Authority shall ensure that all medical marijuana

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7 patient and caregiver records and information are sealed to protect
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8 the privacy of medical marijuana patient license applicants and
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9 licensees.
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10  F. This act shall be in force for any new or replacement

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11 medical marijuana patient licenses issued after the effective date
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12 of this act.
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13  SECTION 3. This act shall become effective November 1, 2025.

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