{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-427.17v1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-427.17v1","heading":"Medical marijuana testing laboratory license –","body":"Requirements.\n\nA. There is hereby created a medical marijuana testing\n\nlaboratory license as a category of the medical marijuana business\n\nlicense. The Oklahoma Medical Marijuana Authority, the Oklahoma\n\nState Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma\n\nState Bureau of Investigation, and the Attorney General are hereby\n\nenabled to monitor, inspect and audit a licensed testing laboratory\n\nunder the Oklahoma Medical Marijuana and Patient Protection Act.\n\nB. The Authority is hereby authorized to operate a quality\n\nassurance laboratory or to contract with a private laboratory for\n\nthe purpose of conducting compliance testing of medical marijuana\n\ntesting laboratories licensed in this state. Any such laboratory\n\nunder contract for compliance testing shall be prohibited from\n\nconducting any other commercial medical marijuana testing in this\n\nstate. If the Authority contracts with a private laboratory to\n\nimplement the requirements of this section:\n\n1. The laboratory shall not employ, or be owned by, the\n\nfollowing:\n\na. any individual that has a direct or indirect interest\n\nin a licensed medical marijuana business, or\n\nb. any individual or his or her spouse, parent, child,\n\nspouse of a child, sibling or spouse of a sibling that\n\nhas an application for a medical marijuana business\n\nlicense pending before the Authority or is a member of\n\nthe board of directors of a medical marijuana\n\nbusiness, or is an individual financially interested\n\nin any licensee or medical marijuana business located\n\nwithin this state; and\n\n2. The laboratory and a board or committee comprised of\n\nlicensed Oklahoma medical marijuana laboratories currently\n\naccredited by the International Organization for Standardization\n\n(ISO) shall provide to the Authority its recommendations for all\n\nequipment and standards to be utilized by licensed medical marijuana\n\ntesting laboratories when testing samples of medical marijuana,\n\nmedical marijuana concentrate, and medical marijuana products as\n\nwell as standard operating procedures when extracting and testing\n\nmedical marijuana, medical marijuana concentrate, and medical\n\nmarijuana products. The recommendations shall be submitted to the\n\nAuthority no later than June 1, 2023. The Authority shall have\n\nninety (90) days from the date it receives the recommendations to\n\npromulgate new rules or modify its current rules for laboratory\n\nstandards and testing. Beginning June 1, 2024, medical marijuana\n\ntesting laboratories renewing their medical marijuana business\n\nlicense shall be subject to and comply with any new or modified\n\nrules relating to the testing of medical marijuana, medical\n\nmarijuana concentrate, and medical marijuana products. The refusal\n\nor failure of a medical marijuana testing laboratory licensee to\n\ncomply with new or modified rules relating to laboratory standards\n\nand testing procedures promulgated under the provisions of this\n\nparagraph shall result in the permanent revocation of the medical\n\nmarijuana testing laboratory license.\n\nC. The Authority shall develop acceptable testing practices\n\nincluding, but not limited to, testing, standards, quality control\n\nanalysis, equipment certification and calibration, process\n\nvalidation, and chemical identification and substances used.\n\nD. A person who is a direct beneficial owner of a medical\n\nmarijuana dispensary, medical marijuana commercial grower or medical\n\nmarijuana processor shall not be an owner of a laboratory.\n\nE. A laboratory and a laboratory applicant shall comply with\n\nall applicable local ordinances including, but not limited to,\n\nzoning, occupancy, licensing and building codes.\n\nF. A separate license shall be required for each specific\n\nlaboratory.\n\nG. A medical marijuana testing laboratory license may be issued\n\nto a person who performs testing on medical marijuana and medical\n\nmarijuana products for medical marijuana businesses, medical\nnt shall comply with\n\nall applicable local ordinances including, but not limited to,\n\nzoning, occupancy, licensing and building codes.\n\nF. A separate license shall be required for each specific\n\nlaboratory.\n\nG. A medical marijuana testing laboratory license may be issued\n\nto a person who performs testing on medical marijuana and medical\n\nmarijuana products for medical marijuana businesses, medical\n\nmarijuana research facilities, medical marijuana education\n\nfacilities, and testing on marijuana and marijuana products grown or\n\nproduced by a patient or caregiver on behalf of a patient, upon\n\nverification of registration. A medical marijuana testing\n\nlaboratory may also conduct research related to the development and\n\nimprovement of its testing practices and procedures. No state-\n\napproved medical marijuana testing facility shall operate unless a\n\nmedical laboratory director is on site during operational hours.\n\nH. Laboratory applicants and licensees shall comply with the\n\napplication requirements of this section and shall submit such other\n\ninformation as required for a medical marijuana business applicant,\n\nin addition to any information the Authority may request for initial\n\napproval and periodic evaluations during the approval period.\n\nI. A medical marijuana testing laboratory may accept samples of\n\nmedical marijuana, medical marijuana concentrate or medical\n\nmarijuana product from a medical marijuana business, medical\n\nmarijuana research facility or medical marijuana education facility\n\nfor testing purposes only, which purposes may include the provision\n\nof testing services for samples submitted by a medical marijuana\n\nbusiness for product development. The Authority may require a\n\nmedical marijuana business to submit a sample of medical marijuana,\n\nmedical marijuana concentrate or medical marijuana product to a\n\nmedical marijuana testing or quality assurance laboratory upon\n\ndemand.\n\nJ. A medical marijuana testing laboratory may accept samples of\n\nmedical marijuana, medical marijuana concentrate or medical\n\nmarijuana product from an individual person for testing only under\n\nthe following conditions:\n\n1. The individual person is a patient or caregiver pursuant to\n\nthe Oklahoma Medical Marijuana and Patient Protection Act or is a\n\nparticipant in an approved clinical or observational study conducted\n\nby a research facility; and\n\n2. The medical marijuana testing laboratory shall require the\n\npatient or caregiver to produce a valid patient license and current\n\nand valid photo identification.\n\nK. A medical marijuana testing laboratory may transfer samples\n\nto another medical marijuana testing laboratory for testing. All\n\nlaboratory reports provided to or by a medical marijuana business or\n\nto a patient or caregiver shall identify the medical marijuana\n\ntesting laboratory that actually conducted the test.\n\nL. A medical marijuana testing laboratory may utilize a\n\nlicensed medical marijuana transporter to transport samples of\n\nmedical marijuana, medical marijuana concentrate and medical\n\nmarijuana product for testing, in accordance with the Oklahoma\n\nMedical Marijuana and Patient Protection Act and the rules adopted\n\npursuant thereto, between the originating medical marijuana business\n\nrequesting testing services and the destination laboratory\n\nperforming testing services.\n\nM. The medical marijuana testing laboratory shall establish\n\npolicies to prevent the existence of or appearance of undue\n\ncommercial, financial or other influences that may diminish the\n\ncompetency, impartiality and integrity of the testing processes or\n\nresults of the laboratory, or that may diminish public confidence in\n\nthe competency, impartiality and integrity of the testing processes\n\nor results of the laboratory. At a minimum, employees, owners or\n\nagents of a medical marijuana testing laboratory who participate in\n\nany aspect of the analysis and results of a sample are prohibited\nncy, impartiality and integrity of the testing processes or\n\nresults of the laboratory, or that may diminish public confidence in\n\nthe competency, impartiality and integrity of the testing processes\n\nor results of the laboratory. At a minimum, employees, owners or\n\nagents of a medical marijuana testing laboratory who participate in\n\nany aspect of the analysis and results of a sample are prohibited\n\nfrom improperly influencing the testing process, improperly\n\nmanipulating data or improperly benefiting from any ongoing\n\nfinancial, employment, personal or business relationship with the\n\nmedical marijuana business that provided the sample. A medical\n\nmarijuana testing laboratory shall not test samples for any medical\n\nmarijuana business in which an owner, employee or agent of the\n\nmedical marijuana testing laboratory has any form of ownership or\n\nfinancial interest in the medical marijuana business.\n\nN. The Authority, pursuant to rules promulgated by the\n\nExecutive Director of the Authority, shall develop standards,\n\npolicies and procedures as necessary for:\n\n1. The cleanliness and orderliness of a laboratory premises and\n\nthe location of the laboratory in a secure location, and inspection,\n\ncleaning and maintenance of any equipment or utensils used for the\n\nanalysis of test samples;\n\n2. Testing procedures, testing standards for cannabinoid and\n\nterpenoid potency and safe levels of contaminants, process\n\nvalidation, and remediation procedures. Process validation shall be\n\nvoluntary, and no licensee shall be required to validate their\n\nprocess. The Authority shall develop standards and requirements for\n\na licensee to achieve process validation by January 1, 2024. The\n\nstandards, policies, and procedures for process validation shall\n\ninclude, but not be limited to:\n\na. initial requirements to achieve process validation and\n\nongoing minimum testing requirements once a licensee\n\nhas achieved process validation,\n\nb. requiring licensees to track their marijuana and\n\nmarijuana product inventory with the Authority’s\n\ndesignated seed-to-sale system provided the Authority\n\nhas selected a seed-to-sale system. This requirement\n\nfor compliance with the seed-to-sale system shall be\n\nmandatory for licensees seeking to achieve process\n\nvalidation whether or not compliance with a seed-to-\n\nsale system is mandatory for all licensees,\n\nc. requiring licensees that are utilizing process\n\nvalidation to use a laboratory that is certified as a\n\ncertified process validation testing laboratory,\n\nd. requiring licensees to record and document retention\n\npolicies, which at a minimum shall require licensees\n\nto retain all documents and records related to process\n\nvalidation. Such records shall be maintained by the\n\nlicensee for as long as the licensee is continuing to\n\noperate under that validated process. Licensees shall\n\nretain all such documents and records for at least\n\nfour (4) years after the licensee has stopped using\n\nthe validated process or after the licensee has made a\n\nsignificant process change to a validated process.\n\nAny significant process change to the validated\n\nprocesses of a licensee is subject to the same\n\ndocument retention requirements and shall be retained\n\nfor as long as the significant process change is part\n\nof an ongoing validated process, and for at least four\nlicensee has made a\n\nsignificant process change to a validated process.\n\nAny significant process change to the validated\n\nprocesses of a licensee is subject to the same\n\ndocument retention requirements and shall be retained\n\nfor as long as the significant process change is part\n\nof an ongoing validated process, and for at least four\n\n(4) years after the licensee has stopped using the\n\nvalidated process or after the licensee has made a\n\nsubsequent significant process change to the validated\n\nprocess. The Authority shall promulgate rules for any\n\nmodifications to the validated processes,\n\ne. requiring licensees to keep all records and documents\n\nrelated to their process validation ready and\n\naccessible at the address listed on their marijuana\n\nbusiness license for inspection or audit by the\n\nAuthority without any notice from the Authority,\n\nf. a process for biannual inspections by the Authority\n\nthat, at a minimum, includes random testing of\n\nproducts being produced under process validation. The\n\nAuthority shall be the entity that obtains the random\n\nsample during the biannual inspections and shall have\n\naccess to all products being produced or grown under\n\nprocess validation. The Authority shall take samples\n\nto the quality assurance laboratory,\n\ng. a process to revoke the authority of licensees to\n\noperate under process validation,\n\nh. punishment for violations of process validation that,\n\nat a minimum, would prohibit a licensee from operating\n\nunder process validation for five (5) years and the\n\nassessment of a fine not to exceed Fifty Thousand\n\nDollars ($50,000.00). Any such fine levied against a\n\nlicensee found to have violated the laws or rules of\n\nprocess validation shall be remitted to the Department\n\nof Mental Health and Substance Abuse Services,\n\ni. punishment for violations if an adulterated product\n\nthat was produced under process validation fails\n\ntesting and the batch or lot has been sold to a\n\ndispensary, the first violation shall be the\n\nassessment of a fine not to exceed Ten Thousand\n\nDollars ($10,000.00) and a public recall of the\n\nproduct. The licensee shall further be required to\n\nrevalidate the process. A second violation within two\n\n(2) years of a previous violation shall be the\n\nassessment of a fine not to exceed Seventy-five\n\nThousand Dollars ($75,000.00) and a public recall of\n\nthe product. The licensee shall further be prohibited\n\nfrom utilizing process validation for a minimum of\n\nfive (5) years. A third violation within two (2)\n\nyears of a previous violation shall be the assessment\n\nof a fine of Two Hundred Fifty Thousand Dollars\n\n($250,000.00) and a public recall of the product. The\n\nlicensee shall further be prohibited from utilizing\n\nprocess validation,\n\nj. any willful violation of process validation shall\n\nresult in the assessment of a fine of Two Hundred\n\nFifty Thousand Dollars ($250,000.00) and a license\n\nrevocation hearing. A second willful violation of\n\nprocess validation shall result in the assessment of a\n\nfine of One Million Dollars ($1,000,000.00) and a\n\nhearing to permanently revoke the license,\n\nk. an annual registration fee of Five Thousand Dollars\n\n($5,000.00) per licensee, in addition to any other\n\nfees due by the licensee, to be deposited in the\n\nOklahoma Medical Marijuana Authority Revolving Fund\n\nfor the enforcement of the laws and regulations of the\n\nAuthority,\n\nl. establishing criteria for eligibility of testing\n\nlaboratories to be certified as a Certified Process\n\nValidation Testing Laboratory and to conduct testing\n\nfor licensees pursuing or operating under process\n\nvalidation. The criteria shall, at a minimum, pass\n\nfive (5) consecutive blind proficiency tests without a\n\nfailure over the course of six (6) months. The\n\nproficiency tests shall be administered by the quality\n\nassurance laboratory,\ntesting\n\nlaboratories to be certified as a Certified Process\n\nValidation Testing Laboratory and to conduct testing\n\nfor licensees pursuing or operating under process\n\nvalidation. The criteria shall, at a minimum, pass\n\nfive (5) consecutive blind proficiency tests without a\n\nfailure over the course of six (6) months. The\n\nproficiency tests shall be administered by the quality\n\nassurance laboratory,\n\nm. punishment for violations by a Certified Process\n\nValidation Testing Laboratory that has been found to\n\nhave been falsifying data, providing misinformation,\n\nor any unethical practices related to process\n\nvalidation at a minimum shall prohibit a licensee from\n\noperating under process validation for up to twenty-\n\nfive (25) years and the assessment of a fine not to\n\nexceed One Million Dollars ($1,000,000.00). Any such\n\nfine levied against a licensee shall be remitted to\n\nthe Authority for deposit into the Oklahoma Medical\n\nMarijuana Authority Revolving Fund. In addition to\n\nthis fine, in response to a finding of a willful\n\nviolation of process validation by the Authority, the\n\nAuthority shall also be authorized to collect, levy,\n\nor impose any other fee, fine, penalty, or action as\n\nallowed by law, and\n\nn. a process to revoke the certification of a testing\n\nlaboratory that is seeking to be a Certified Process\n\nValidation Testing Laboratory;\n\n3. Controlled access areas for storage of medical marijuana and\n\nmedical marijuana product test samples, waste and reference\n\nstandards;\n\n4. Records to be retained and computer systems to be utilized\n\nby the laboratory;\n\n5. The possession, storage and use by the laboratory of\n\nreagents, solutions and reference standards;\n\n6. A certificate of analysis (COA) for each lot of reference\n\nstandard;\n\n7. The transport and disposal of unused marijuana, marijuana\n\nproducts and waste;\n\n8. The mandatory use by a laboratory of an inventory tracking\n\nsystem to ensure all harvest and production batches or samples\n\ncontaining medical marijuana, medical marijuana concentrate or\n\nmedical marijuana products are identified and tracked from the point\n\nthey are transferred from a medical marijuana business, a patient or\n\na caregiver through the point of transfer, destruction or disposal.\n\nThe inventory tracking system reporting shall include the results of\n\nany tests that are conducted on medical marijuana, medical marijuana\n\nconcentrate or medical marijuana product;\n\n9. Standards of performance;\n\n10. The employment of laboratory personnel;\n\n11. A written standard operating procedure manual to be\n\nmaintained and updated by the laboratory;\n\n12. The successful participation in a proficiency testing\n\nprogram approved by the Executive Director for each testing category\n\nlisted in this section, in order to obtain and maintain\n\ncertification;\n\n13. The establishment of and adherence to a quality assurance\n\nand quality control program to ensure sufficient monitoring of\n\nlaboratory processes and quality of results reported;\n\n14. The immediate recall of medical marijuana or medical\n\nmarijuana products that test above allowable thresholds or are\n\notherwise determined to be unsafe;\n\n15. The establishment by the laboratory of a system to document\n\nthe complete chain of custody for samples from receipt through\n\ndisposal;\n\n16. The establishment by the laboratory of a system to retain\n\nand maintain all required records, including business records, and\n\nprocesses to ensure results are reported in a timely and accurate\n\nmanner; and\n\n17. Any other aspect of laboratory testing of medical marijuana\n\nor medical marijuana product deemed necessary by the Executive\n\nDirector.\n\nO. A medical marijuana testing laboratory shall promptly\n\nprovide the Authority or designee of the Authority access to a\n\nreport of a test and any underlying data that is conducted on a\n\ner; and\n\n17. Any other aspect of laboratory testing of medical marijuana\n\nor medical marijuana product deemed necessary by the Executive\n\nDirector.\n\nO. A medical marijuana testing laboratory shall promptly\n\nprovide the Authority or designee of the Authority access to a\n\nreport of a test and any underlying data that is conducted on a\n\nsample at the request of a medical marijuana business or qualified\n\npatient. A medical marijuana testing laboratory shall also provide\n\naccess to the Authority or designee of the Authority to laboratory\n\npremises and to any material or information requested by the\n\nAuthority to determine compliance with the requirements of this\n\nsection.\n\nP. A medical marijuana testing laboratory shall retain all\n\nresults of laboratory tests conducted on marijuana or products for a\n\nperiod of at least seven (7) years and shall make them available to\n\nthe Authority upon request.\n\nQ. A medical marijuana testing laboratory shall test samples\n\nfrom each harvest batch or, product batch, or samples consistent\n\nwith the rules promulgated for process validation, as appropriate,\n\nof medical marijuana, medical marijuana concentrate and medical\n\nmarijuana product for each of the following categories of testing,\n\nconsistent with standards developed by the Executive Director:\n\n1. Microbials;\n\n2. Mycotoxins;\n\n3. Residual solvents;\n\n4. Pesticides;\n\n5. Tetrahydrocannabinol (THC) and other cannabinoid potency;\n\n6. Terpenoid type and concentration; and\n\n7. Heavy metals.\n\nR. A licensed medical marijuana testing laboratory shall test\n\neach individual harvest batch. A grower shall separate each harvest\n\nlot of usable marijuana into harvest batches containing no more than\n\nfifteen (15) pounds, with the exception of any plant material to be\n\nsold to a licensed processor for the purposes of turning the plant\n\nmaterial into concentrate which may be separated into harvest\n\nbatches of no more than fifty (50) pounds. A processor shall\n\nseparate each medical marijuana production lot into production\n\nbatches containing no more than four (4) liters of concentrate or\n\nnine (9) pounds for nonliquid products, and for final products, the\n\nOklahoma Medical Marijuana Authority shall be authorized to\n\npromulgate rules on final products as necessary. Provided, however,\n\nthe Authority shall not require testing of final products less often\n\nthan every one thousand (1,000) grams of THC. As used in this\n\nsubsection, “final products” shall include, but not be limited to,\n\ncookies, brownies, candies, gummies, beverages and chocolates.\n\nS. Medical marijuana testing laboratory licensure shall be\n\ncontingent upon successful on-site inspection, successful\n\nparticipation in proficiency testing and ongoing compliance with the\n\napplicable requirements in this section.\n\nT. A medical marijuana testing laboratory shall be inspected\n\nprior to initial licensure and up to two (2) times per year\n\nthereafter by an inspector approved by the Authority. The Authority\n\nmay enter the licensed premises of a testing laboratory to conduct\n\ninvestigations and additional inspections when the Authority\n\nbelieves an investigation or additional inspection is necessary due\n\nto a possible violation of applicable laws, rules or regulations.\n\nU. Medical marijuana testing laboratories shall obtain\n\naccreditation by an accrediting body approved by the Executive\n\nDirector or the Authority’s quality assurance laboratory within one\nety Page 1180\n\ninvestigations and additional inspections when the Authority\n\nbelieves an investigation or additional inspection is necessary due\n\nto a possible violation of applicable laws, rules or regulations.\n\nU. Medical marijuana testing laboratories shall obtain\n\naccreditation by an accrediting body approved by the Executive\n\nDirector or the Authority’s quality assurance laboratory within one\n\n(1) year of the date the initial license is issued. Renewal of any\n\nmedical marijuana testing laboratory license shall be contingent\n\nupon accreditation in accordance with this subsection. All medical\n\nmarijuana testing laboratories shall obtain accreditation prior to\n\napplying for and receiving a medical marijuana testing laboratory\n\nlicense.\n\nV. Unless authorized by the provisions of this section, a\n\ncommercial grower shall not transfer or sell medical marijuana and a\n\nprocessor shall not transfer, sell or process into a concentrate or\n\nproduct any medical marijuana, medical marijuana concentrate or\n\nmedical marijuana product unless samples from each harvest batch or,\n\nproduction batch, or samples consistent with the rules promulgated\n\nfor process validation, from which that medical marijuana, medical\n\nmarijuana concentrate or medical marijuana product was derived has\n\nbeen tested by a medical marijuana testing laboratory and passed all\n\ncontaminant tests required by the Oklahoma Medical Marijuana and\n\nPatient Protection Act and applicable laws, rules and regulations.\n\nA licensed commercial grower may transfer medical marijuana that has\n\nfailed testing to a licensed processor only for the purposes of\n\ndecontamination or remediation and only in accordance with the\n\nprovisions of the Oklahoma Medical Marijuana and Patient Protection\n\nAct and the rules and regulations promulgated by the Executive\n\nDirector. Remediated and decontaminated medical marijuana may be\n\nreturned only to the originating licensed commercial grower.\n\nW. Kief shall not be transferred or sold except as authorized\n\nin the rules and regulations promulgated by the Executive Director.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f25fcfb7d55f19571f7a20c66c06002fabc10ddb13c12b1dd4162017ae33b0dd","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-427.17a","next":"us-ok/okla.-stat.-tit.-63-63-427.17v2"},"notice":"GroundRules: Original legal text. Not legal advice."}