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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1499 By: Hicks
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.4, as last amended by Section
138, Chapter 452, O.S.L. 2024 (63 O.S. Supp. 2025,
Section 427.4), which relates to the Oklahoma Medical
Marijuana Authority Executive Director; requiring the
Oklahoma Medical Marijuana Authority Executive
Advisory Council to hire certain Executive Director;
requiring Executive Director to report to the
Council; allowing Executive Director to be removed
with cause; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.4, as
last amended by Section 138, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
2025, Section 427.4), is amended to read as follows:
Section 427.4. A. The Oklahoma Medical Marijuana Authority
shall employ an Executive Director and other personnel as necessary
to assist the Authority in carrying out its duties. The Executive
Director shall be appointed hired by the Governor, with the advice
and consent of the Senate. The Executive Director shall serve at
the pleasure of the Governor and may be removed or replaced without
cause Oklahoma Medical Marijuana Authority Executive Advisory
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Council. The Executive Director shall report to the Council and may
be removed or replaced with cause. Compensation for the Executive
Director shall be determined pursuant to Section 3601.2 of Title 74
of the Oklahoma Statutes.
B. The Authority shall not employ an individual if any of the
following circumstances exist:
1. The individual has a direct or indirect interest in a
licensed medical marijuana business; or
2. The individual or his or her spouse, parent, child, spouse
of a child, sibling, or spouse of a sibling has an application for a
medical marijuana business license pending before the Authority or
is a member of the board of directors of a medical marijuana
business, or is an individual financially interested in any licensee
or medical marijuana business.
C. All officers and employees of the Authority shall be in the
exempt unclassified service.
D. The Executive Director may delegate to any officer or
employee of the Authority any of the powers of the Executive
Director and may designate any officer or employee of the Authority
to perform any of the duties of the Executive Director.
E. The Executive Director may promulgate rules governing the
oversight and implementation of the Oklahoma Medical Marijuana and
Patient Protection Act.
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F. The Authority is hereby authorized to create employment
positions necessary for the implementation of its obligations
pursuant to the Oklahoma Medical Marijuana and Patient Protection
Act including, but not limited to, investigators of the Authority
and a director of enforcement. The Authority, the director of
enforcement, the Executive Director, investigators of the Authority,
the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,
the Oklahoma State Bureau of Investigation, and the Attorney General
shall have all the powers and authority of a peace officer of this
state for the purpose of enforcing the provisions of the Oklahoma
Medical Marijuana and Patient Protection Act and other laws
pertaining to medical marijuana, rules promulgated by the Executive
Director, or criminal laws of this state. These powers shall
include, but not be limited to:
1. Investigating violations or suspected violations of the
Oklahoma Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana, any rules promulgated pursuant
thereto, and any violations of criminal laws of this state
discovered through the course of such investigations;
2. Serving and executing all warrants, summonses, subpoenas,
administrative citations, notices or other processes relating to the
enforcement of laws regulating marijuana, concentrate, and marijuana
product;
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3. Seizing, destroying, confiscating, embargoing, or placing an
administrative hold on any marijuana or marijuana product not
properly logged in the inventory tracking system or untraceable
product required to be in the system, altered or improperly
packaged, or illegally held in violation of the Oklahoma Medical
Marijuana and Patient Protection Act, any other laws of this state,
or any rules promulgated by the Executive Director;
4. Assisting or aiding any law enforcement officer in the
performance of his or her duties upon such law enforcement officer’s
request or the request of other local officials having jurisdiction;
5. Referring any evidence, reports, or charges regarding
violations of any provision of the Oklahoma Medical Marijuana and
Patient Protection Act that carries criminal penalty, or of any
other criminal laws of this state, to the appropriate law
enforcement authority and prosecutorial authority for action;
6. Aiding the enforcement authorities of this state or any
county or municipality of the state, or the federal government, in
prosecutions of violations of the Oklahoma Medical Marijuana and
Patient Protection Act or any other laws of this state that carry
criminal penalty involving crimes discovered during the
investigation of violations or suspected violations of the Oklahoma
Medical Marijuana and Patient Protection Act or other laws
pertaining to medical marijuana or any rules promulgated pursuant
thereto;
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7. As provided in Section 427.6 of this title, requiring any
business applicant or licensee to permit an inspection of licensed
premises during business hours or at any time of apparent operation,
marijuana equipment, and marijuana accessories, or books and
records; and to permit the testing of or examination of medical
marijuana, concentrate, or product;
8. Requiring applicants and licensees to submit complete and
current applications, information and fees required by the Oklahoma
Medical Marijuana and Patient Protection Act, the Oklahoma Medical
Marijuana Waste Management Act, and Sections 420 through 426.1 of
this title, and approve material changes made by the applicant or
licensee;
9. Requiring medical marijuana business licensees to submit a
sample or unit of medical marijuana or medical marijuana product to
the quality assurance laboratory when the Authority has reason to
believe the medical marijuana or medical marijuana product may be
unsafe for patient consumption or inhalation or has not been tested
in accordance with the provisions of the Oklahoma Medical Marijuana
and Patient Protection Act and the rules and regulations promulgated
by the Executive Director. The licensee shall provide the samples
or units of medical marijuana or medical marijuana products at its
own expense but shall not be responsible for the costs of testing;
and
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10. Requiring medical marijuana business licensees to
periodically submit samples or units of medical marijuana or medical
marijuana products to the quality assurance laboratory for quality
assurance purposes. Licensed growers, processors, dispensaries, and
transporters shall not be required to submit samples or units of
medical marijuana or medical marijuana products more than twice a
year. The licensee shall provide the samples or units of medical
marijuana or medical marijuana products at its own expense but shall
not be responsible for the costs of testing.
G. All investigators of the Authority shall meet all training
requirements and qualifications for peace officers as required by
Section 3311 et seq. of Title 70 of the Oklahoma Statutes.
H. During the course of an investigation, the Authority, as
provided by subsection F of this section, may arrest a violator or
suspected violator of any laws of this state committed in the
presence of the Authority or upon the development of probable cause
that such crime has been committed. The Authority, as provided by
subsection F of this section, may, upon request of a sheriff or
another peace officer of this state, or any political subdivision
thereof, assist in the apprehension and arrest of a violator or
suspected violator of any of the laws of this state.
I. The Executive Director may employ or contract with
attorneys, as needed, to advise the Authority on all legal matters
and to appear for and represent the Executive Director and the
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Authority in all administrative hearings and all litigation or other
proceedings which may arise in the discharge of their duties. At
the request of the Executive Director, such attorneys shall assist
district attorneys in prosecuting charges of violators of the
Oklahoma Medical Marijuana and Patient Protection Act or any other
laws of this state that carry criminal penalty involving crimes
discovered during the investigation of violations or suspected
violations of the Oklahoma Medical Marijuana and Patient Protection
Act or other laws pertaining to medical marijuana or any rules
promulgated pursuant thereto.
SECTION 2. This act shall become effective November 1, 2026.
60-2-2629 CAD 1/9/2026 2:48:58 PM