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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 3355 By: Williams
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.3, as last amended by Section
137, Chapter 452, O.S.L. 2024 (63 O.S. Supp. 2025,
Section 427.3), which relates to the Oklahoma Medical
Marijuana and Patient Protection Act; updating
language; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.3, as
last amended by Section 137, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
2025, Section 427.3), is amended to read as follows:
Section 427.3. A. There is hereby created the Oklahoma Medical
Marijuana Authority which shall address issues related to the
medical marijuana program in this state including, but not limited
to, the issuance of patient licenses and medical marijuana business
licenses, and the dispensing, cultivating, processing, testing,
transporting, storage, research, and the use of and sale of medical
marijuana pursuant to the Oklahoma Medical Marijuana and Patient
Protection Act.
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B. 1. Beginning on the effective date of this act, the
Authority shall cease to be part of or a division of the State
Department of Health and shall be deemed to be a separate and
distinct agency, to be known as the Oklahoma Medical Marijuana
Authority. The Authority and the Executive Director of the
Authority shall continue to exercise their statutory powers, duties,
and contractual responsibilities. All records, property, equipment,
assets, monies, financial interests, liabilities, matters pending,
and funds of the division shall be transferred to the Authority.
2. All licenses granted by the Department pertaining to medical
marijuana shall maintain rights and privileges under the authority
of the Authority; provided, however, that all licenses shall be
subject to revocation, suspension, or disciplinary action for
violation of any of the provisions of the Oklahoma Medical Marijuana
and Patient Protection Act and rules promulgated by the Executive
Director.
3. The Authority shall succeed to any contractual rights or
responsibilities incurred by the Department pertaining to medical
marijuana.
4. Rules promulgated by the State Commissioner of Health
pertaining to medical marijuana that are in effect on the effective
date of this act shall be immediately adopted and enforced by the
Executive Director. The Executive Director maintains the authority
to further promulgate and enforce rules.
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5. The Department and the Authority may enter into an agreement
for the transfer of personnel from the Department to the Authority.
No employee shall be transferred to the Authority except on the
freely given written consent of the employee. All employees who are
transferred to the Authority shall not be required to accept a
lesser grade or salary than presently received. All employees shall
retain leave, sick, and annual time earned, and any retirement and
longevity benefits which have accrued during their tenure with the
Department. The transfer of personnel between the state agencies
shall be coordinated with the Office of Management and Enterprise
Services.
6. The expenses incurred by the Authority as a result of the
transfer required by this subsection shall be paid by the Authority.
7. The division within the Department known as the Oklahoma
Medical Marijuana Authority shall be abolished by the Department
after the transfer has been completed.
8. The Office of Management and Enterprise Services shall
coordinate the transfer of records, property, equipment, assets,
funds, allotments, purchase orders, liabilities, outstanding
financial obligations, or encumbrances provided for in this
subsection.
C. The Authority shall implement the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act consistently with the
voter-approved State Question No. 788, Initiative Petition No. 412,
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subject to the provisions of the Oklahoma Medical Marijuana and
Patient Protection Act.
D. The Authority shall exercise its respective powers and
perform its respective duties and functions as specified in the
Oklahoma Medical Marijuana and Patient Protection Act and this title
including, but not limited to, the following:
1. Determine steps the state shall take, whether administrative
or legislative in nature, to ensure that research on marijuana and
marijuana products is being conducted for public purposes including
the advancement of:
a. public health policy and public safety policy,
b. agronomic and horticultural best practices, and
c. medical and pharmacopoeia best practices;
2. Contract with third-party vendors and other governmental
entities in order to carry out the respective duties and functions
as specified in the Oklahoma Medical Marijuana and Patient
Protection Act;
3. Upon complaint or upon its own motion and upon a completed
investigation, levy fines as prescribed in applicable laws, rules,
and regulations and suspend, revoke, or not renew licenses pursuant
to applicable laws, rules, and regulations;
4. Issue subpoenas for the appearance of persons or production
of persons, records and things in connection with disciplinary or
contested cases considered by the Authority;
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5. Apply for injunctive or declaratory relief to enforce the
provisions of applicable laws, rules, and regulations;
6. Inspect and examine all licensed premises of medical
marijuana businesses, research facilities, education facilities, and
waste disposal facilities in which medical marijuana is cultivated,
manufactured, sold, stored, transported, tested, distributed, or
disposed of;
7. Upon action by the federal government by which the
production, sale, and use of marijuana in this state does not
violate federal law, work with the Banking Department and the State
Treasurer to develop good best practices and standards for banking
and finance for medical marijuana businesses;
8. Establish internal control procedures for licenses including
accounting procedures, reporting procedures, and personnel policies;
9. Establish a fee schedule and collect fees for performing
background checks as the Executive Director deems appropriate. The
fees charged pursuant to this paragraph shall not exceed the actual
cost incurred for each background check;
10. Establish a fee schedule and collect fees for material
changes requested by the licensee;
11. Establish regulations, which require a medical marijuana
business to submit information to the Authority, deemed reasonably
necessary to assist the Authority in the prevention of diversion of
medical marijuana by a licensed medical marijuana business. Such
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information required by the Authority may include, but shall not be
limited to:
a. the square footage of the licensed premises,
b. a diagram of the licensed premises,
c. the number and type of lights at the licensed medical
marijuana commercial grower business,
d. the number, type, and production capacity of equipment
located at the medical marijuana processing facility,
e. the names, addresses, and telephone numbers of
employees or agents of a medical marijuana business,
f. employment manuals and standard operating procedures
for the medical marijuana business, and
g. any other information as the Authority reasonably
deems necessary;
12. Declare and establish a moratorium on processing and
issuing new medical marijuana business licenses pursuant to Section
427.14 of this title for an amount of time the Authority deems
necessary;
13. Enter into and negotiate the terms of a Memorandum of
Understanding between the Authority and other state agencies
concerning the enforcement of laws regulating medical marijuana in
this state. The Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control, the Oklahoma State Bureau of Investigation, and the
Oklahoma Attorney General shall have full authority to investigate
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and enforce any violations of the laws regarding medical marijuana
including medical marijuana business licenses held by commercial
growers, processors, transporters, researchers, education
facilities, and waste disposal facilities;
14. Purchase and maintain motor vehicles for use by the
employees of the Authority; and
15. Enter into contracts and agreements for the payment of
food, lodging, and other authorized expenses as may be necessary to
host, conduct, sponsor, or participate in conferences, meetings, or
training sessions. The Authority may establish accounts as
necessary for the collection and distribution of funds, including
funds of sponsors and registration fees, related to such
conferences, meetings, and training sessions. Any expenses incurred
may be paid directly to the contracting agency or business
establishment.
SECTION 2. This act shall become effective November 1, 2026.
60-2-15355 GRS 01/03/25