{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-427.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-427.3","heading":"Oklahoma Medical Marijuana Authority – Creation -","body":"Duties.\n\nA. There is hereby created the Oklahoma Medical Marijuana\n\nAuthority which shall address issues related to the medical\n\nmarijuana program in this state including, but not limited to, the\n\nissuance of patient licenses and medical marijuana business\n\nlicenses, and the dispensing, cultivating, processing, testing,\n\ntransporting, storage, research, and the use of and sale of medical\n\nmarijuana pursuant to the Oklahoma Medical Marijuana and Patient\n\nProtection Act.\n\nB. 1. Beginning on the effective date of this act, the\n\nAuthority shall cease to be part of or a division of the State\n\nDepartment of Health and shall be deemed to be a separate and\n\ndistinct agency, to be known as the Oklahoma Medical Marijuana\n\nAuthority. The Authority and the Executive Director of the\n\nAuthority shall continue to exercise their statutory powers, duties,\n\nand contractual responsibilities. All records, property, equipment,\n\nassets, monies, financial interests, liabilities, matters pending,\n\nand funds of the division shall be transferred to the Authority.\n\n2. All licenses granted by the Department pertaining to medical\n\nmarijuana shall maintain rights and privileges under the authority\n\nof the Authority; provided, however, that all licenses shall be\n\nsubject to revocation, suspension, or disciplinary action for\n\nviolation of any of the provisions of the Oklahoma Medical Marijuana\n\nand Patient Protection Act and rules promulgated by the Executive\n\nDirector.\n\n3. The Authority shall succeed to any contractual rights or\n\nresponsibilities incurred by the Department pertaining to medical\n\nmarijuana.\n\n4. Rules promulgated by the State Commissioner of Health\n\npertaining to medical marijuana that are in effect on the effective\n\ndate of this act shall be immediately adopted and enforced by the\n\nExecutive Director. The Executive Director maintains the authority\n\nto further promulgate and enforce rules.\n\n5. The Department and the Authority may enter into an agreement\n\nfor the transfer of personnel from the Department to the Authority.\n\nNo employee shall be transferred to the Authority except on the\n\nfreely given written consent of the employee. All employees who are\n\ntransferred to the Authority shall not be required to accept a\n\nlesser grade or salary than presently received. All employees shall\n\nretain leave, sick, and annual time earned, and any retirement and\n\nlongevity benefits which have accrued during their tenure with the\n\nDepartment. The transfer of personnel between the state agencies\n\nshall be coordinated with the Office of Management and Enterprise\n\nServices.\n\n6. The expenses incurred by the Authority as a result of the\n\ntransfer required by this subsection shall be paid by the Authority.\n\n7. The division within the Department known as the Oklahoma\n\nMedical Marijuana Authority shall be abolished by the Department\n\nafter the transfer has been completed.\n\n8. The Office of Management and Enterprise Services shall\n\ncoordinate the transfer of records, property, equipment, assets,\n\nfunds, allotments, purchase orders, liabilities, outstanding\n\nfinancial obligations, or encumbrances provided for in this\n\nsubsection.\n\nC. The Authority shall implement the provisions of the Oklahoma\n\nMedical Marijuana and Patient Protection Act consistently with the\n\nvoter-approved State Question No. 788, Initiative Petition No. 412,\n\nsubject to the provisions of the Oklahoma Medical Marijuana and\n\nPatient Protection Act.\n\nD. The Authority shall exercise its respective powers and\n\nperform its respective duties and functions as specified in the\n\nOklahoma Medical Marijuana and Patient Protection Act and this title\n\nincluding, but not limited to, the following:\n\n1. Determine steps the state shall take, whether administrative\n\nor legislative in nature, to ensure that research on marijuana and\n\nmarijuana products is being conducted for public purposes including\n\nthe advancement of:\nform its respective duties and functions as specified in the\n\nOklahoma Medical Marijuana and Patient Protection Act and this title\n\nincluding, but not limited to, the following:\n\n1. Determine steps the state shall take, whether administrative\n\nor legislative in nature, to ensure that research on marijuana and\n\nmarijuana products is being conducted for public purposes including\n\nthe advancement of:\n\na. public health policy and public safety policy,\n\nb. agronomic and horticultural best practices, and\n\nc. medical and pharmacopoeia best practices;\n\n2. Contract with third-party vendors and other governmental\n\nentities in order to carry out the respective duties and functions\n\nas specified in the Oklahoma Medical Marijuana and Patient\n\nProtection Act;\n\n3. Upon complaint or upon its own motion and upon a completed\n\ninvestigation, levy fines as prescribed in applicable laws, rules\n\nand regulations and suspend, revoke or not renew licenses pursuant\n\nto applicable laws, rules and regulations;\n\n4. Issue subpoenas for the appearance or production of persons,\n\nrecords and things in connection with disciplinary or contested\n\ncases considered by the Authority;\n\n5. Apply for injunctive or declaratory relief to enforce the\n\nprovisions of applicable laws, rules and regulations;\n\n6. Inspect and examine all licensed premises of medical\n\nmarijuana businesses, research facilities, education facilities and\n\nwaste disposal facilities in which medical marijuana is cultivated,\n\nmanufactured, sold, stored, transported, tested, distributed or\n\ndisposed of;\n\n7. Upon action by the federal government by which the\n\nproduction, sale, and use of marijuana in this state does not\n\nviolate federal law, work with the Banking Department and the State\n\nTreasurer to develop good practices and standards for banking and\n\nfinance for medical marijuana businesses;\n\n8. Establish internal control procedures for licenses including\n\naccounting procedures, reporting procedures, and personnel policies;\n\n9. Establish a fee schedule and collect fees for performing\n\nbackground checks as the Executive Director deems appropriate. The\n\nfees charged pursuant to this paragraph shall not exceed the actual\n\ncost incurred for each background check;\n\n10. Establish a fee schedule and collect fees for material\n\nchanges requested by the licensee;\n\n11. Establish regulations, which require a medical marijuana\n\nbusiness to submit information to the Authority, deemed reasonably\n\nnecessary to assist the Authority in the prevention of diversion of\n\nmedical marijuana by a licensed medical marijuana business. Such\n\ninformation required by the Authority may include, but shall not be\n\nlimited to:\n\na. the square footage of the licensed premises,\n\nb. a diagram of the licensed premises,\n\nc. the number and type of lights at the licensed medical\n\nmarijuana commercial grower business,\n\nd. the number, type, and production capacity of equipment\n\nlocated at the medical marijuana processing facility,\n\ne. the names, addresses, and telephone numbers of\n\nemployees or agents of a medical marijuana business,\n\nf. employment manuals and standard operating procedures\n\nfor the medical marijuana business, and\n\ng. any other information as the Authority reasonably\n\ndeems necessary;\n\n12. Declare and establish a moratorium on processing and\n\nissuing new medical marijuana business licenses pursuant to Section\n\n427.14 of this title for an amount of time the Authority deems\n\nnecessary;\n\n13. Enter into and negotiate the terms of a Memorandum of\n\nUnderstanding between the Authority and other state agencies\n\nconcerning the enforcement of laws regulating medical marijuana in\n\nthis state. The Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, the Oklahoma State Bureau of Investigation, and the\n\nOklahoma Attorney General shall have full authority to investigate\n\nand enforce any violations of the laws regarding medical marijuana\nUnderstanding between the Authority and other state agencies\n\nconcerning the enforcement of laws regulating medical marijuana in\n\nthis state. The Oklahoma State Bureau of Narcotics and Dangerous\n\nDrugs Control, the Oklahoma State Bureau of Investigation, and the\n\nOklahoma Attorney General shall have full authority to investigate\n\nand enforce any violations of the laws regarding medical marijuana\n\nincluding medical marijuana business licenses held by commercial\n\ngrowers, processors, transporters, researchers, education\n\nfacilities, and waste disposal facilities;\n\n14. Purchase and maintain motor vehicles for use by the\n\nemployees of the Authority; and\n\n15. Enter into contracts and agreements for the payment of\n\nfood, lodging, and other authorized expenses as may be necessary to\n\nhost, conduct, sponsor, or participate in conferences, meetings, or\n\ntraining sessions. The Authority may establish accounts as\n\nnecessary for the collection and distribution of funds, including\n\nfunds of sponsors and registration fees, related to such\n\nconferences, meetings, and training sessions. Any expenses incurred\n\nmay be paid directly to the contracting agency or business\n\nestablishment.","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":"2fd7a63800c6d4f79f605537336a3076e7e1cac8e35f6fd6df00deda5fdb47e5","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-427.2v2","next":"us-ok/okla.-stat.-tit.-63-63-427.3a"},"notice":"GroundRules: Original legal text. Not legal advice."}