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SENATE FLOOR VERSION - SB1591 SFLR Page 1
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SENATE FLOOR VERSION
February 16, 2026
AS AMENDED
SENATE BILL NO. 1591 By: Rosino of the Senate
and
Newton of the House
An Act relating to medical marijuana; amending 63
O.S. 2021, Sections 423, as last amended by Section
8, Chapter 182, O.S.L. 2024 and 427.18, as last
amended by Section 1, Chapter 272, O.S.L. 2025 (63
O.S. Supp. 2025, Sections 423 and 427.18), which
relate to medical marijuana processing license and
packaging and labeling requirements; limiting certain
tetrahydrocannabinol (THC) amounts in certain
products and packages; updating statutory language;
and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 423, as last
amended by Section 8, Chapter 182, O.S.L. 2024 (63 O.S. Supp. 2025,
Section 423), is amended to read as follows:
Section 423. A. The Oklahoma Medical Marijuana Authority shall
make available on its website in an easy-to-find location an
application for a medical marijuana processing license. The
Authority shall be authorized to issue two types of medical
marijuana processor licenses based on the level of risk posed by the
type of processing conducted:
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1. Nonhazardous medical marijuana processor license; and
2. Hazardous medical marijuana processor license.
The application fee for a nonhazardous or hazardous medical
marijuana processor license shall be paid by the applicant in the
amounts provided for in Section 427.14 of this title. A method of
payment shall be provided on the website of the Authority. The
Authority shall have ninety (90) business days to review the
application; approve, reject, or deny the application; and send the
approval, rejection, or denial letter stating the reasons for the
rejection or denial to the applicant in the same method the
application was submitted to the Authority.
B. The Authority shall approve all applications which meet the
following criteria:
1. The applicant must be twenty-five (25) years of age or
older;
2. The applicant, if applying as an individual, must show
residency in this state;
3. All applying entities must show that all members, managers,
and board members are Oklahoma residents of this state;
4. An applying entity may show ownership of nonstate residents,
but that percentage ownership may not exceed twenty-five percent
(25%);
5. All applying individuals or entities must be registered to
conduct business in this state; and
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6. All applicants must disclose all ownership interests in the
processing operation.
Applicants with a nonviolent felony conviction in the last two
(2) years, any other felony conviction in the last five (5) years,
inmates in the custody of the Department of Corrections or any
person currently incarcerated shall not qualify for a medical
marijuana processing license.
C. 1. A licensed processor may take marijuana plants and
distill or process these plants into concentrates, edibles, and
other forms for consumption. No individual edible medical marijuana
product shall include more than ten (10) milligrams of
tetrahydrocannabinol (THC) per edible and no more than one hundred
(100) milligrams of THC per package.
2. The Executive Director of the Authority shall make available
a set of standards which shall be used by licensed processors in the
preparation of edible marijuana products. The standards should be
in line with current food preparation guidelines. No excessive or
punitive rules may be established by the Executive Director.
3. Up to two times a year, the Authority may inspect a
processing operation and determine its compliance with the
preparation standards. If deficiencies are found, a written report
of the deficiency shall be issued to the licensed processor. The
licensed processor shall have one (1) month to correct the
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deficiency or be subject to a fine of Five Hundred Dollars ($500.00)
for each deficiency.
4. A licensed processor may sell marijuana products it creates
to a licensed dispensary or any other licensed processor. All sales
by a licensed processor shall be considered wholesale sales and
shall not be subject to taxation.
5. Under no circumstances may a licensed processor sell
marijuana or any marijuana product directly to a licensed medical
marijuana patient or licensed caregiver. However, a licensed
processor may process cannabis into a concentrated form for a
licensed medical marijuana patient for a fee.
6. Licensed processors shall be required to complete a monthly
yield and sales report to the Authority. This report shall be due
on the fifteenth of each month and shall provide reporting on the
previous month. This report shall detail the amount of marijuana
and medical marijuana products purchased in pounds, the amount of
marijuana cooked or processed in pounds, and the amount of waste in
pounds. Additionally, this report shall show total wholesale sales
in dollars. The Authority shall have oversight and auditing
responsibilities to ensure that all marijuana being processed is
accounted for.
D. The Authority shall oversee the inspection and compliance of
licensed processors producing products with marijuana as an
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additive. If it becomes permissible under federal law, marijuana
may be moved across state lines.
E. Any device used for the processing or consumption of medical
marijuana shall be considered legal to be sold, manufactured,
distributed, and possessed. No merchant, wholesaler, manufacturer,
or individual may be unduly harassed or prosecuted for selling,
manufacturing, or possessing marijuana paraphernalia.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.18, as
last amended by Section 1, Chapter 272, O.S.L. 2025 (63 O.S. Supp.
2025, Section 427.18), is amended to read as follows:
Section 427.18. A. A medical marijuana business shall not
sell, transfer, or otherwise distribute medical marijuana or medical
marijuana product that has not been packaged and labeled in
accordance with this section and rules promulgated by the Executive
Director of the Oklahoma Medical Marijuana Authority.
B. A medical marijuana dispensary shall return medical
marijuana and medical marijuana product that does not meet packaging
or labeling requirements in this section or rules promulgated
pursuant thereto to the entity who transferred it to the dispensary.
The medical marijuana dispensary shall document to whom the item was
returned, what was returned, and the date of the return, or dispose
of any usable marijuana that does not meet these requirements in
accordance with the Oklahoma Medical Marijuana and Patient
Protection Act.
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C. 1. Medical marijuana packaging shall be packaged to
minimize its appeal to children and shall not depict images other
than the business name logo of the medical marijuana producer and
image of the product.
2. A medical marijuana business shall not place any content on
a container in a manner that reasonably appears to target
individuals under the age of twenty-one (21) including, but not
limited to, cartoon characters or similar images.
3. Labels on a container shall not include any false or
misleading statements.
4. No container shall be intentionally or knowingly labeled so
as to cause a reasonable patient confusion as to whether the medical
marijuana, medical marijuana concentrate, or medical marijuana
product is a trademarked product or labeled in a manner that
violates any federal trademark law or regulation. The label on the
container shall include a warning that states the following:
a. “For use by licensed medical marijuana patients only”,
b. “Keep out of reach of children”,
c. “It is illegal to drive a motor vehicle while under
the influence of marijuana or marijuana products”,
d. “Women should not use marijuana or marijuana products
during pregnancy because of the risk of birth
defects”, and
e. “This product has been tested for contaminants”.
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5. The label on the container shall not make any claims
regarding health or physical benefits to the patient.
6. The container itself may be clear in order to allow licensed
medical marijuana patients and licensed medical marijuana caregivers
the ability to view the product inside the container but shall be
child-resistant, as defined in Section 427.2 of this title.
7. At the point of sale and transfer of any medical marijuana,
medical marijuana concentrate, or medical marijuana products to a
licensed medical marijuana patient or licensed medical marijuana
caregiver, the dispensary shall place the medical marijuana, medical
marijuana concentrate, or medical marijuana products in an exit
package, as such term is defined in Section 427.2 of this title.
8. No individual edible medical marijuana product sold shall
include more than ten (10) milligrams of tetrahydrocannabinol (THC)
per edible and no more than one hundred (100) milligrams of THC per
package.
D. The Executive Director shall develop minimum standards for
packaging and labeling of medical marijuana, medical marijuana
concentrate, and medical marijuana products. Such standards shall
include, but not be limited to, the required contents of labels to
be affixed to all medical marijuana, medical marijuana concentrate,
and medical marijuana products prior to transfer to a licensed
patient or caregiver, which shall include, at a minimum:
1. THC and other cannabinoid potency, and terpenoid potency;
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2. A statement indicating that the product has been tested for
contaminants;
3. One or more product warnings to be determined by the
Executive Director; and
4. Any other information the Executive Director deems
necessary.
SECTION 3. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES
February 16, 2026 - DO PASS AS AMENDED