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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4293 By: Pae
AS INTRODUCED
An Act relating to controlled dangerous substances;
creating the Veterans Mental Health Innovation Act;
authorizing certain entities to conduct scientific
research and clinical trials related to ibogaine;
specifying certain uses for which scientific research
or clinical trials are authorized; limiting number of
memoranda of agreement that universities or
institutions of higher education may enter into;
imposing requirements with respect to studies;
requiring registration with the State Department of
Health and the Oklahoma Department of Agriculture,
Food, and Forestry; prescribing requirements for
registration information; providing for specified
nonrefundable fees; requiring additional registration
with the Oklahoma State Bureau of Narcotics and
Dangerous Drugs Control; stipulating duration of
registration; requiring certain notification of
change of facility location; requiring written
certifications for clinical trial participants;
prescribing content of written certifications;
providing for expiration of certifications; providing
immunity to persons conducting or participating in
research or clinical trials; requiring submission of
written reports by certain date; providing for
confidentiality of certain personal information;
requiring specified agencies to maintain
confidentiality with respect to information;
directing promulgation of rules; providing for
codification; and providing an effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-810 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. This act shall be known and may be cited as the "Veterans
Mental Health Innovation Act".
B. The purpose of this act is to allow states and commonwealths
to join a multistate consortium to advance research on ibogaine as
medical treatment.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-811 of Title 63, unless there
is created a duplication in numbering, reads as follows:
A. A university or other institution of higher education
located in this state, or a research facility that has entered into
a memorandum of agreement with a university or institution of higher
education located in this state, may conduct scientific research on
ibogaine for the treatment of persons eighteen (18) years of age or
older who experience any of the following medical conditions:
1. Posttraumatic stress disorder;
2. Treatment-resistant/refractory depression;
3. Treatment-resistant/refractory anxiety;
4. Treatment-resistant/refractory obsessive-compulsive
disorder;
5. Traumatic brain injury;
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6. Early-stage dementia;
7. Palliative care;
8. End-of-life care;
9. Opioid use disorder; or
10. Moderate to severe chronic pain.
B. The university or institution of higher education may enter
into no more than one memorandum of agreement with a research
facility for the purposes of conducting scientific research under
this section.
C. In conducting such scientific research as described in
subsection B of this section, the studies shall:
1. Study the therapeutic efficacy of using ibogaine in the
treatment of the medical conditions listed in subsection B of this
section;
2. Review the current literature regarding:
a. the safety and efficacy of using ibogaine in the
treatment of the medical conditions listed in
subsection C of this section, and
b. the access persons have to ibogaine for the treatment
of the medical conditions listed in subsection A of
this section; and
3. Examine the science of cultivation, synthesis, extraction,
and processing of ibogaine as well as any other naturally occurring
source organisms of these molecules.
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D. 1. Eligible entities as described in subsection A of this
section shall register with the State Department of Health and the
Oklahoma Department of Agriculture, Food, and Forestry prior to and
for the purposes of growing, studying, processing, or dispensing
ibogaine-containing Tabernanthe iboga plant, or studying,
extracting, synthesizing, or dispensing ibogaine. The registration
submission information shall include:
a. the name and address of the research facility,
b. a prospectus approved by a university or other
institution of higher education, and
c. certification from the institutional review board of
the university or institution of higher education if
human trials are part of the research.
2. By registering, the registrant acknowledges and agrees that:
a. the information contained in the registration
submissions may be provided to law enforcement
agencies, and
b. the registrant shall submit an annual report detailing
compliance with annual regulation requirements.
3. The State Department of Health shall collect a one-time,
nonrefundable fee of Five Hundred Dollars ($500.00) from the
registrant at the time of registration and the Oklahoma Department
of Agriculture, Food, and Forestry shall collect a one-time
nonrefundable fee of One Hundred Dollars ($100.00) from the
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registrant at the time of registration. The registrant shall, upon
completion of registration with the State Department of Health and
the Oklahoma Department of Agriculture, Food, and Forestry, register
with the Oklahoma State Bureau of Narcotics and Dangerous Drugs
Control as provided by Section 2-301 et seq. of Title 63 of the
Oklahoma Statutes annually for as long as the research remains
active.
4. Registration under this subsection is valid for one (1)
year, effective upon confirmation and receipt of all registrations
required by this subsection. Notwithstanding the registration fee
listed in Section 2-303 of Title 63 of the Oklahoma Statutes, the
registration required by this subsection shall satisfy and supersede
all other registration and reporting requirements otherwise imposed
by state law.
5. Should the registrant change facility locations for the
cultivation, testing, synthesis, storage, or dispensing of ibogaine,
it shall report such changes within fourteen (14) business days to
the State Department of Health, the Oklahoma Department of
Agriculture, Food, and Forestry, and the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control.
E. 1. A written certification shall be issued to persons
qualifying for participation in the pilot program described in this
section by a physician participating in the pilot program. The
written certification shall contain the following:
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a. the name, address, and telephone number of the issuing
physician,
b. the name and address of the patient to whom the
written certification is issued,
c. the date on which the written certification was made,
d. the signature of the physician,
e. the quantity of ibogaine to be dispensed, and
f. the form of ibogaine to be dispensed.
2. The written certification issued under this subsection shall
expire one (1) year after its issuance unless the written
certification specifies an earlier date of expiration.
F. 1. A scientific researcher or physician operating under a
valid registration issued in accordance with this section shall not
be subject to arrest, prosecution, or any civil or administrative
penalty for the possession, cultivation, synthesis, extraction, or
distribution of ibogaine insofar as the scientific researcher's or
physician's conduct is in compliance with the provisions of this
section.
2. A patient participating in the pilot program under a valid
written certification issued in accordance with this section shall
not be subject to arrest, prosecution, or any civil or
administrative penalty for the use or possession of ibogaine insofar
as the patient's conduct is in compliance with the provisions of
this section.
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3. In any prosecution involving possession of ibogaine as those
terms are specified in subsection C of Section 2-204 of Title 63 of
the Oklahoma Statutes, it shall be an affirmative defense if a
person can demonstrate by clear and convincing evidence that he or
she has one or more of the qualifying medical conditions or
circumstances listed in subsection B of this section. This
subsection shall not be understood to be the decriminalization of
ibogaine.
G. Researching entities shall submit a final written report to
the President Pro Tempore of the Oklahoma State Senate and the
Speaker of the Oklahoma House of Representatives containing the
results of the studies conducted under this section and any
recommendations for legislative or other actions not later than
December 1, 2029.
H. Researching entities shall ensure any protected health
information collected during the pilot program done in accordance
with this section does not personally identify any individual.
I. The State Department of Health, the Oklahoma Department of
Agriculture, Food, and Forestry, the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, and any other state agency
with access to the research programs authorized by this section
shall not release or allow to be released through inaction any
protected health information. The protected health information of
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pilot program participants shall be exempt from the Oklahoma Open
Records Act.
J. The State Commissioner of Health, the State Board of
Agriculture, and the Director of the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control shall promulgate rules
necessary to implement the program authorized in this section.
K. On the condition that ibogaine is approved by the Untied
States Food and Drug Administration to treat a medical condition:
1. A licensed physician shall prescribe ibogaine for a patient;
and
2. A licensed physician shall supervise the administration of
ibogaine at a hospital or other licensed health care facility to
ensure the patient's safety while the patient is under the influence
of ibogaine.
SECTION 3. This act shall become effective November 1, 2026.
60-2-15634 TKR 01/12/26