{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-427.25","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-427.25","heading":"Secret shoppers – Laboratory testing – Enforcement","body":"A. The Oklahoma Medical Marijuana Authority shall implement\n\nrules to employ secret shoppers. Secret shoppers shall purchase\n\nmedical marijuana or marijuana products from licensed medical\n\nmarijuana dispensaries utilizing cash from the petty cash fund\n\nauthorized in Section 5 of this act.\n\nB. The secret shopper shall be authorized to:\n\n1. Purchase an amount of medical marijuana or marijuana\n\nproducts sufficient for two complete compliance tests; or\n\n2. Attempt to purchase medical marijuana or marijuana products\n\nin order to prove compliance with the Oklahoma Medical Marijuana and\n\nPatient Protection Act or any rule determined by the Authority.\n\nC. Samples collected pursuant to paragraph 1 of subsection B of\n\nthis section shall be tested by licensed medical marijuana testing\n\nlaboratories, one of which shall be the laboratory of origin, if\n\napplicable, and one of which may be the Authority’s quality\n\nassurance laboratory. One sample shall be kept in reserve by the\n\nAuthority in the event of a discrepancy between the testing\n\nlaboratories, which may require retesting of the medical marijuana\n\nor marijuana products. When making purchases from a licensed\n\nmedical marijuana dispensary, the secret shopper shall ask for the\n\ncertificate of analysis for each product purchased.\n\nD. The secret shopper shall deliver the medical marijuana or\n\nmarijuana products to a quality assurance laboratory, which may be\n\nthe Authority’s quality assurance laboratory, for homogenization.\n\nOnce the samples have been homogenized, the samples shall be\n\ndelivered to two licensed medical marijuana testing laboratories,\n\none of which may be the Authority’s quality assurance laboratory,\n\nfor compliance testing which shall include the testing for\n\npesticides, heavy metals, microbials, residual solvents for\n\nextracted products, and potency. One sample shall be kept by the\n\nAuthority in reserve. If the medical marijuana or marijuana\n\nproducts were previously tested with available results from a\n\nlicensed medical marijuana testing laboratory, that testing\n\nlaboratory shall be one of the licensed medical marijuana testing\n\nlaboratories chosen by the Authority. For the avoidance of doubt,\n\nneither the licensed medical marijuana dispensary nor the licensed\n\nmedical marijuana testing laboratory shall be told that the business\n\nentity is selling medical marijuana or marijuana products to a\n\nsecret shopper or testing samples submitted by a secret shopper\n\nemployed by the Authority and posing as a licensed medical marijuana\n\npatient.\n\nE. The Authority shall inspect, by secret shopper, a minimum of\n\nfifty licensed medical marijuana dispensaries annually beginning\n\nJanuary 1, 2024. In the year 2025, the Authority shall inspect, by\n\nsecret shopper, a minimum of ten percent (10%) of randomly selected\n\nlicensed medical marijuana dispensaries in Oklahoma per year.\n\nF. 1. When the licensed medical marijuana testing laboratories\n\nunanimously confirm test results with safety failures for\n\ncontaminants, the Authority shall recall the medical marijuana or\n\nmarijuana product within seven (7) days of obtaining the test\n\nresults. The name of the licensed medical marijuana dispensary and\n\nany other relevant product information shall be made public via a\n\npress release issued by the Authority. If there is greater than one\n\ncontaminant fails among the licensed medical marijuana testing\n\nlaboratories, the Authority shall work with a quality assurance\n\nlaboratory to verify the results of the licensed medical marijuana\n\ntesting laboratories and take appropriate action.\n\n2. When the average of total potency or total terpene results\n\ncollected from a licensed medical marijuana testing laboratory for a\n\nparticular product is outside the allowable limits, the Authority\n\nshall work with a quality assurance laboratory to verify the results\ny Page 1197\n\nlaboratory to verify the results of the licensed medical marijuana\n\ntesting laboratories and take appropriate action.\n\n2. When the average of total potency or total terpene results\n\ncollected from a licensed medical marijuana testing laboratory for a\n\nparticular product is outside the allowable limits, the Authority\n\nshall work with a quality assurance laboratory to verify the results\n\nof the testing laboratory. If results are verified to be outside\n\nthe allowable limits, the Authority shall require relabeling of the\n\nmedical marijuana or marijuana products.\n\n3. All investigative results shall be retained by the Authority\n\nfor a minimum of three (3) years.\n\n4. The Authority shall implement rules to notify any licensed\n\nmedical marijuana dispensary and licensed medical marijuana grower\n\nor licensed medical marijuana processor of any investigative results\n\ndetermined to be noncompliant.\n\n5. After the licensed medical marijuana dispensary and licensed\n\nmedical marijuana grower or licensed medical marijuana processor is\n\nnotified of the investigative results, such results may be used by\n\nthe Authority to take action against the licensee, assess fines, or\n\nassess other civil penalties available to the Authority.\n\n6. The Authority shall implement rules on sharing such\n\ninvestigative results with any other law enforcement agencies or\n\nregulatory authorities.\n\n7. The Authority may elect to conduct further evaluations of\n\nthe investigative results at any time for verification or for other\n\npurposes reasonably related to sanitation, public health, or public\n\nsafety.\n\nG. The failure of any licensed medical marijuana business to\n\ncooperate with the provisions of this section may result in the\n\nrevocation of the license at the discretion of the Authority.\n\nH. Any secret shopper performing any provision of this section\n\nshall not be required to fulfill licensing requirements of Section\n\n420 of this title for a patient license and shall be able to enter a\n\ndispensary with appropriate authorization as determined by the\n\nAuthority.\n\nI. The Authority shall implement rules necessary to enforce the\n\nprovisions of this section.","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":"1c9e45e24da961a3e3fbe1c5997fba8b72420023916ef540fbebe059d9089ea4","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-427.24","next":"us-ok/okla.-stat.-tit.-63-63-427.26"},"notice":"GroundRules: Original legal text. Not legal advice."}