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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 2092 By: Paxton
AS INTRODUCED
An Act relating to hemp beverages; amending 37A O.S.
2021, Sections 1-103, as last amended by Section 2,
Chapter 190, O.S.L. 2025, and 1-107 (37A O.S. Supp.
2025, Section 1-103), which relate to definitions and
Alcoholic Beverage Laws Enforcement (ABLE) Commission
powers and duties; defining terms; authorizing the
Commission to regulate hemp beverages; amending 37A
O.S. 2021, Section 2-109, as amended by Section 2,
Chapter 90, O.S.L. 2024 (37A O.S. Supp. 2025, Section
2-109), which relates to retail spirits licenses;
allowing certain licensee to sell certain hemp
beverages; amending 37A O.S. 2021, Section 3-101, as
amended by Section 498, Chapter 486, O.S.L. 2025 (37A
O.S. Supp. 2025, Section 3-101), which relates to
personal use, possession and making of alcoholic
beverages, and restrictions on retail sales and
shipping for out-of-state businesses; prohibiting the
sale of hemp beverages without certain license;
amending 37A O.S. 2021, Section 6-120, as amended by
Section 711, Chapter 486, O.S.L. 2025 (37A O.S. Supp.
2025, Section 6-120), which relates to selling,
furnishing, or giving alcoholic beverages to persons
under twenty-one years of age; prohibiting hemp
beverages to be sold to persons under certain age;
updating statutory language; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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SECTION 1. AMENDATORY 37A O.S. 2021, Section 1-103, as
last amended by Section 2, Chapter 190, O.S.L. 2025 (37A O.S. Supp.
2025, Section 1-103), is amended to read as follows:
Section 1-103. As used in the Oklahoma Alcoholic Beverage
Control Act:
1. “ABLE Commission” or “Commission” means the Alcoholic
Beverage Laws Enforcement Commission;
2. “Alcohol” means and includes hydrated oxide of ethyl, ethyl
alcohol, ethanol or spirits of wine, from whatever source or by
whatever process produced. It does not include wood alcohol or
alcohol which has been denatured or produced as denatured in
accordance with Acts of Congress and regulations promulgated
thereunder;
3. “Alcoholic beverage” means alcohol, spirits, beer and wine
as those terms are defined herein and also includes every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer
and capable of being consumed as a beverage by human beings;
4. “Applicant” means any individual, legal or commercial
business entity, or any individual involved in any legal or
commercial business entity allowed to hold any license issued in
accordance with the Oklahoma Alcoholic Beverage Control Act;
5. “Beer” means any beverage containing more than one-half of
one percent (0.50%) of alcohol by volume and obtained by the
alcoholic fermentation of an infusion or decoction of barley, or
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other grain, sugar, malt or similar products. For the purposes of
taxation, distribution, sales, and regulation, seltzer shall mean
the same as beer as provided in this section. Beer may or may not
contain hops or other vegetable products. Beer includes, among
other things, beer, ale, stout, lager beer, porter, seltzer, and
other malt or brewed liquors, but does not include sake, known as
Japanese rice wine;
6. “Beer keg” means any brewer-sealed, single container that
contains not less than four (4) gallons of beer;
7. “Beer distributor” means and includes any person licensed to
distribute beer for retail sale in this state, but does not include
a holder of a small brewer self-distribution license or brewpub
self-distribution license. The term distributor, as used in the
Oklahoma Alcoholic Beverage Control Act, shall be construed to refer
to a beer distributor;
8. “Bottle club” means any establishment in a county which has
not authorized the retail sale of alcoholic beverages by the
individual drink, which is required to be licensed to keep, mix and
serve alcoholic beverages belonging to club members on club
premises;
9. “Bottle service” means the sale and provision of spirits in
their original packages by a mixed beverage licensee to be consumed
in that mixed beverage licensee’s club suite;
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10. “Brand” means any word, name, group of letters, symbol or
combination thereof, that is adopted and used by a licensed brewer
to identify a specific beer, wine or spirit and to distinguish that
product from another beer, wine or spirit;
11. “Brand extension” means:
a. after October 1, 2018, any brand of beer or cider
introduced by a manufacturer in this state which
either:
(1) incorporates all or a substantial part of the
unique features of a preexisting brand of the
same licensed brewer, or
(2) relies to a significant extent on the goodwill
associated with the preexisting brand, or
b. any brand of beer that a brewer, the majority of whose
total volume of all brands of beer distributed in this
state by such brewer on January 1, 2016, was
distributed as low-point beer, desires to sell,
introduces, begins selling or theretofore has sold and
desires to continue selling a strong beer in this
state which either:
(1) incorporates or incorporated all or a substantial
part of the unique features of a preexisting low-
point beer brand of the same licensed brewer, or
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(2) relies or relied to a significant extent on the
goodwill associated with a preexisting low-point
beer brand;
12. “Brewer” means and includes any person who manufactures for
human consumption by the use of raw materials or other ingredients
any beer or cider upon which a license fee and a tax are imposed by
any law of this state;
13. “Brewpub” means a licensed establishment operated on the
premises of, or on premises located contiguous to, a small brewer,
that prepares and serves food and beverages, including alcoholic
beverages, for on-premises consumption;
14. “Cider” means any alcoholic beverage obtained by the
alcoholic fermentation of fruit juice, including but not limited to
flavored, sparkling or carbonated cider. For the purposes of the
manufacture of this product, cider may be manufactured by either
manufacturers or brewers. For the purposes of the distribution of
this product, cider may be distributed by either wine and spirits
wholesalers or beer distributors;
15. “Club suite” means a designated area within the premises of
a mixed beverage licensee designed to provide an exclusive space
which is limited to a patron or patrons specifically granted access
by a mixed beverage licensee and is not accessible to other patrons
of the mixed beverage licensee or the public. A club suite must
have a clearly designated point of access for a patron or patrons
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specifically granted access by the mixed beverage licensee to ensure
that persons present in the suite are limited to patrons
specifically granted access by the mixed beverage licensee and
employees providing services to the club suite;
16. “Cocktail” means a type of mixed beverage as defined in
Section 7-102 of this title;
17. “Convenience store” means any person primarily engaged in
retailing a limited range of general household items and groceries,
with extended hours of operation, whether or not engaged in retail
sales of automotive fuels in combination with such sales;
18. “Convicted” and “conviction” mean and include a finding of
guilt resulting from a plea of guilty or nolo contendere, the
decision of a court or magistrate or the verdict of a jury,
irrespective of the pronouncement of judgment or the suspension
thereof;
19. “Designated products” means the brands of wine or spirits
offered for sale by a manufacturer that the manufacturer has
assigned to a designated wholesaler for exclusive distribution;
20. “Designated wholesaler” means a wine and spirits wholesaler
who has been selected by a manufacturer as a wholesaler appointed to
distribute designated products;
21. “Director” means the Director of the ABLE Commission;
22. “Distiller” means any person who produces spirits from any
source or substance, or any person who brews or makes mash, wort or
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wash, fit for distillation or for the production of spirits (except
except a person making or using such material in the authorized
production of wine or beer, or the production of vinegar by
fermentation) fermentation, or any person who by any process
separates alcoholic spirits from any fermented substance, or any
person who, making or keeping mash, wort or wash, has also in his or
her possession or use a still;
23. “Distributor agreement” means the written agreement between
the distributor and brewer as set forth in Section 3-108 of this
title;
24. “Drug store” means a person primarily engaged in retailing
prescription and nonprescription drugs and medicines;
25. “Event venue” means any nongovernmental location, property,
space, premises, grounds, building or buildings, or other site that
offers to the general public for rent, lease, reservation, or other
contractual use, for the hosting of a function, occasion, or event,
special, private, or public, of a temporary nature. The location,
property, space, premises, grounds, or building or buildings defined
in this paragraph shall not include those owned, leased, or occupied
by organizations exempt from taxation pursuant to the provisions of
the Internal Revenue Code, 26 U.S.C., Section 501(c)(3);
26. “Dual-strength beer” means a brand of beer that,
immediately prior to April 15, 2017, was being sold and distributed
in this state:
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a. as a low-point beer pursuant to the Low-Point Beer
Distribution Act in effect immediately prior to
October 1, 2018, and
b. as strong beer pursuant to the Oklahoma Alcoholic
Beverage Control Act in effect immediately prior to
October 1, 2018,
and continues to be sold and distributed as such on October 1, 2018.
Dual-strength beer does not include a brand of beer that arose as a
result of a brand extension as defined in this section;
27. “Fair market value” means the value in the subject
territory covered by the written agreement with the distributor or
wholesaler that would be determined in an arm’s length transaction
entered into without duress or threat of termination of the
distributor’s or wholesaler’s rights and shall include all elements
of value, including goodwill and going-concern value;
28. “Good cause” means:
a. failure by the distributor to comply with the material
and reasonable provisions of a written agreement or
understanding with the brewer, or
b. failure by the distributor to comply with the duty of
good faith;
29. “Good faith” means the duty of each party to any
distributor agreement and all officers, employees or agents thereof
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to act with honesty in fact and within reasonable standards of fair
dealing in the trade;
30. “Grocery store” means a person primarily engaged in
retailing a general line of food, such as canned or frozen foods,
fresh fruits and vegetables, and fresh and prepared meats, fish and
poultry;
31. “Hemp beverage” means any beverage that contains hemp or
hemp-derived ingredients including cannabinoids, extracts, or
derivatives;
32. “Hotel” or “motel” means an establishment which is licensed
to sell alcoholic beverages by the individual drink and which
contains guest room accommodations with respect to which the
predominant relationship existing between the occupants thereof and
the owner or operator of the establishment is that of innkeeper and
guest. For purposes of this section, the existence of other legal
relationships as between some occupants and the owner or operator
thereof shall be immaterial;
32. 33. “Legal newspaper” means a newspaper meeting the
requisites of a newspaper for publication of legal notices as
prescribed in Sections 101 through 114 of Title 25 of the Oklahoma
Statutes;
33. 34. “Licensee” means any person holding a license under the
Oklahoma Alcoholic Beverage Control Act, and any agent, servant or
employee of such licensee while in the performance of any act or
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duty in connection with the licensed business or on the licensed
premises;
34. 35. “Low-point beer” shall mean any beverages containing
more than one-half of one percent (1/2 of 1%) alcohol by volume, and
not more than three and two-tenths percent (3.2%) alcohol by weight,
including but not limited to beer or cereal malt beverages obtained
by the alcoholic fermentation of an infusion by barley or other
grain, malt or similar products;
35. 36. “Manufacturer” means a distiller, winemaker, rectifier
or bottler of any alcoholic beverage (other than beer) and its
subsidiaries, affiliates and parent companies;
36. 37. “Manufacturer’s agent” means a salaried or commissioned
salesperson who is the agent authorized to act on behalf of the
manufacturer or nonresident seller in this state;
37. 38. “Meals” means foods commonly ordered at lunch or dinner
and at least part of which is cooked on the licensed premises and
requires the use of dining implements for consumption. Provided,
that the service of only food such as appetizers, sandwiches, salads
or desserts shall not be considered meals;
38. 39. “Mini-bar” means a closed container, either
refrigerated in whole or in part, or unrefrigerated, and access to
the interior of which is:
a. restricted by means of a locking device which requires
the use of a key, magnetic card or similar device, or
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b. controlled at all times by the licensee;
39. 40. “Mixed beverage cooler” means any beverage, by whatever
name designated, consisting of an alcoholic beverage and fruit or
vegetable juice, fruit or vegetable flavorings, dairy products or
carbonated water containing more than one-half of one percent (1/2
of 1%) of alcohol measured by volume but not more than seven percent
(7%) alcohol by volume at sixty (60) degrees Fahrenheit and which is
packaged in a container not larger than three hundred seventy-five
(375) milliliters. Such term shall include but not be limited to
the beverage popularly known as a “wine cooler”;
40. 41. “Mixed beverages” means one or more servings of a
beverage composed in whole or in part of an alcoholic beverage in a
sealed or unsealed container of any legal size for consumption on
the premises where served or sold by the holder of a mixed beverage,
beer and wine, caterer, public event, charitable event or special
event license; provided, that a beer, cider, or wine mixed with
ingredients nonalcoholic in nature including, but not limited to,
water, juice, sugar, fruits, or vegetables and sold by a small
brewer, brewpub, small farm winery, or winemaker, shall not be
considered a mixed beverage so long as such small brewer, brewpub,
small farm winery, or winemaker does not also hold an on-premises
beer and wine, mixed beverage, caterer, public event, or special
event license, if permitted by law;
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41. 42. “Motion picture theater” means an establishment which
is licensed by Section 2-110 of this title to sell alcoholic
beverages by the individual drink and where motion pictures are
exhibited, and to which the general public is admitted;
42. 43. “Nondesignated products” means the brands of wine or
spirits offered for sale by a manufacturer that have not been
assigned to a designated wholesaler;
43. 44. “Nonresident seller” means any person licensed pursuant
to Section 2-135 of this title;
44. 45. “Retail salesperson” means a salesperson soliciting
orders from and calling upon retail alcoholic beverage stores with
regard to his or her product;
45. 46. “Occupation” as used in connection with “occupation
tax” means the sites occupied as the places of business of the
manufacturers, brewers, wholesalers, beer distributors, retailers,
mixed beverage licensees, on-premises beer and wine licensees,
bottle clubs, caterers, public event and special event licensees;
46. 47. “Original package” means any container of alcoholic
beverage filled and stamped or sealed by the manufacturer or brewer;
47. 48. “Package store” means any sole proprietor or
partnership that qualifies to sell wine, beer and/or spirits for
off-premises consumption and that is not a grocery store,
convenience store or drug store, or other retail outlet that is not
permitted to sell wine or beer for off-premises consumption;
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48. 49. “Patron” means any person, customer or visitor who is
not employed by a licensee or who is not a licensee;
49. 50. “Person” means an individual, any type of partnership,
corporation, association, limited liability company or any
individual involved in the legal structure of any such business
entity;
50. 51. “Premises” means the grounds and all buildings and
appurtenances pertaining to the grounds including any adjacent
premises if under the direct or indirect control of the licensee and
the rooms and equipment under the control of the licensee and used
in connection with or in furtherance of the business covered by a
license. Provided, that the ABLE Commission shall have the
authority to designate areas to be excluded from the licensed
premises solely for the purpose of:
a. allowing the presence and consumption of alcoholic
beverages by private parties which are closed to the
general public, or
b. allowing the services of a caterer serving alcoholic
beverages provided by a private party.
This exception shall in no way limit the licensee’s concurrent
responsibility for any violations of the Oklahoma Alcoholic Beverage
Control Act occurring on the licensed premises;
51. 52. “Private event” means a social gathering or event
attended by invited guests who share a common cause, membership,
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business or task and have a prior established relationship. For
purposes of this definition, advertisement for general public
attendance or sales of tickets to the general public shall not
constitute a private event;
52. 53. “Public event” means any event that can be attended by
the general public;
53. 54. “Rectifier” means any person who rectifies, purifies or
refines spirits or wines by any process (other than by original and
continuous distillation, or original and continuous processing, from
mash, wort, wash or other substance, through continuous closed
vessels and pipes, until the production thereof is complete), and
any person who, without rectifying, purifying or refining spirits,
shall by mixing (except for immediate consumption on the premises
where mixed) such spirits, wine or other liquor with any material,
manufactures any spurious, imitation or compound liquors for sale,
under the name of whiskey, brandy, rum, gin, wine, spirits, cordials
or any other name;
54. 55. “Regulation” or “rule” means a formal rule of general
application promulgated by the ABLE Commission as herein required;
55. 56. “Restaurant” means an establishment that is licensed to
sell alcoholic beverages by the individual drink for on-premises
consumption and where food is prepared and sold for immediate
consumption on the premises;
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56. 57. “Retail container for spirits and wines” means an
original package of any capacity approved by the United States
Bureau of Alcohol, Tobacco, Firearms and Explosives;
57. 58. “Retailer” means a package store, grocery store,
convenience store or drug store licensed to sell alcoholic beverages
for off-premises consumption pursuant to a retail spirits license,
retail wine license or retail beer license;
58. 59. “Sale” means any transfer, exchange or barter in any
manner or by any means whatsoever, and includes and means all sales
made by any person, whether as principal, proprietor or as an agent,
servant or employee. The term sale is also declared to be and
include the use or consumption in this state of any alcoholic
beverage obtained within or imported from without this state, upon
which the excise tax levied by the Oklahoma Alcoholic Beverage
Control Act has not been paid or exempted;
59. 60. “Seltzer” means any beverage containing more than one-
half of one percent (0.50%) of alcohol by volume and obtained by the
alcoholic fermentation of malt, rice, grain of any kind, bran,
glucose, sugar, or molasses and combined with carbonated water and
other flavoring and labeled as “beer” by the Internal Revenue Code;
provided, that seltzer shall not include carbonated beverages mixed
with wine or spirits;
60. 61. “Short-order food” means food other than full meals
including but not limited to sandwiches, soups and salads.
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Provided, that popcorn, chips and other similar snack food shall not
be considered short-order food;
61. 62. “Small brewer” means a brewer who manufactures less
than sixty-five thousand (65,000) barrels of beer annually pursuant
to a validly issued small brewer license hereunder;
62. 63. “Small farm wine” means a wine that is produced by a
small farm winery with seventy-five percent (75%) or more Oklahoma-
grown grapes, berries, other fruits, honey or vegetables;
63. 64. “Small farm winery” means a wine-making establishment
that does not annually produce for sale more than fifteen thousand
(15,000) gallons of wine as reported on the United States Department
of the Treasury Alcohol and Tobacco Tax and Trade Bureau, Report of
Wine Premises Operations (TTB Form 5120.17);
64. 65. “Sparkling wine” means champagne or any artificially
carbonated wine;
65. 66. “Special event” means an entertainment, recreation or
marketing event that occurs at a single location on an irregular
basis and at which alcoholic beverages are sold;
66. 67. “Spirits” means any beverage other than wine or beer,
which contains more than one-half of one percent (1/2 of 1%) alcohol
measured by volume, and obtained by distillation, whether or not
mixed with other substances in solution and includes those products
known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and
fortified wines and similar compounds, but shall not include any
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alcohol liquid completely denatured in accordance with the Acts of
Congress and regulations pursuant thereto;
67. 68. “Strong beer” means beer which, prior to October 1,
2018, was distributed pursuant to the Oklahoma Alcoholic Beverage
Control Act, Section 1-101 et seq. of this title;
68. 69. “Successor brewer” means a primary source of supply, a
brewer, a cider manufacturer or an importer that acquires rights to
a beer or cider brand from a predecessor brewer;
69. 70. “Tax Commission” means the Oklahoma Tax Commission;
70. 71. “Territory” means a geographic region with a specified
boundary;
71. 72. “Wine and spirits wholesaler” or “wine and spirits
distributor” means and includes any sole proprietorship or
partnership licensed to distribute wine and spirits in this state.
The term “wholesaler”, as used in the Oklahoma Alcoholic Beverage
Control Act, shall be construed to refer to a wine and spirits
wholesaler;
72. 73. “Wine” means and includes any beverage containing more
than one-half of one percent (1/2 of 1%) alcohol by volume and not
more than twenty-four percent (24%) alcohol by volume at sixty (60)
degrees Fahrenheit obtained by the fermentation of the natural
contents of fruits, vegetables, honey, milk or other products
containing sugar, whether or not other ingredients are added, and
includes vermouth and sake, known as Japanese rice wine;
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73. 74. “Winemaker” means and includes any person or
establishment who manufactures for human consumption any wine upon
which a license fee and a tax are imposed by any law of this state;
74. 75. “Satellite tasting room” means a licensed establishment
operated off the licensed premises of the holder of a small farm
winery or winemaker license, which serves wine for on-premises or
off-premises consumption; and
75. 76. “Straw testing” means the consumption of a de minimis
amount of an alcoholic beverage by sanitary means by the holder of
an employee license, twenty-one (21) years of age or older, to
determine the quality or desired flavor profile of such alcoholic
beverage that has been serviced, or is to be served, to a patron.
Words in the plural include the singular, and vice versa, and
words imparting the masculine gender include the feminine, as well
as persons and licensees as defined in this section.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 1-107, is
amended to read as follows:
Section 1-107. A. The ABLE Commission shall have the following
powers and duties:
1. To supervise, inspect and regulate every phase of the
business of manufacturing, importing, exporting, transporting,
storing, selling, distributing and possessing for the purpose of
sale, all alcoholic beverages which shall be necessary and proper to
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carry out the purposes of the Oklahoma Alcoholic Beverage Control
Act;
2. To promulgate rules, in the manner herein provided, to carry
out the purposes of the Oklahoma Alcoholic Beverage Control Act;
3. To have the sole authority to issue any license provided for
in the Oklahoma Alcoholic Beverage Control Act and except as
provided in Sections 101 and 102 of this act with respect to cities,
towns and counties, and except as may be provided under Title 68 of
the Oklahoma Statutes with respect to the Oklahoma Tax Commission,
no other agency, instrumentality or political subdivision of this
state shall be authorized to issue any license or permit allowing
any licensee to engage in any activity covered by the Oklahoma
Alcoholic Beverage Control Act anywhere within the State of
Oklahoma;
4. To refuse to issue any license provided for in the Oklahoma
Alcoholic Beverage Control Act for cause provided for in the
Oklahoma Alcoholic Beverage Control Act;
5. To revoke or suspend, for cause after hearing, any license
issued under the authority of the Oklahoma Alcoholic Beverage
Control Act;
6. To prescribe the forms of all reports which it deems
necessary in administering the Oklahoma Alcoholic Beverage Control
Act;
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7. To fix standards not in conflict with those prescribed by
any law of this state or of the United States, to secure the use of
proper ingredients and methods of manufacture and dispensing of
alcoholic beverages;
8. To make seizures of alcoholic beverages manufactured, sold,
possessed, imported or transported in violation of the Oklahoma
Alcoholic Beverage Control Act, and apply for the confiscation
thereof whenever required by the Oklahoma Alcoholic Beverage Control
Act, and cooperate in the prosecution of offenders before any court
of competent jurisdiction;
9. To submit to the Governor and members of the State
Legislature annual or semiannual reports upon request of the
Governor;
10. To inspect or cause to be inspected any premises where
alcoholic beverages are manufactured, stored, distributed, sold,
dispensed or served;
11. In the conduct of any hearing authorized to be held by the
ABLE Commission:
a. to examine or cause to be examined, under oath, any
person,
b. to examine or cause to be examined books and records
of any licensee,
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c. to hear testimony and take proof material for the ABLE
Commission’s information and the discharge of its
duties hereunder,
d. to administer or cause to be administered oaths, and
e. to issue subpoenas for the attendance of witnesses and
the production of books or records which shall be
effective in any part of the state. Any district
court or any judge thereof, either in term or
vacation, may by order duly entered require the
attendance of witnesses and the production of relevant
books or records subpoenaed by the ABLE Commission,
and the court or judge may compel obedience to the
order by proceedings for contempt;
12. To prescribe the kind and size of retail containers of
alcoholic beverages which may be purchased, possessed and sold by a
licensee;
13. To prescribe by rule, in addition to those herein required,
the kinds of records to be kept and reports to be rendered by
licensees, and the information to be shown therein; provided, that
the period for which all such records and reports be retained shall
not be less than five (5) years;
14. To gather, compile and print such statistical data as may
in the opinion of the ABLE Commission be needed or useful, and
prescribe charges or fees to be collected from any person or company
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to whom such data shall be provided. No reports shall contain sales
information by name or license number;
15. To educate persons employed by licensees to sell or serve
alcoholic beverages as to the provisions of Article XXVIIIA of the
Oklahoma Constitution and the Oklahoma Alcoholic Beverage Control
Act, with emphasis on recognizing and preventing intoxication and
particular emphasis on those provisions prohibiting the selling or
serving of alcoholic beverages to minors. The ABLE Commission may
contract with one or more entities, including but not limited to the
Oklahoma Department of Mental Health and Substance Abuse Services,
to perform the duties specified in this paragraph;
16. To purchase motor vehicles necessary for use in its
operations. Such motor vehicles shall not be required to have any
type of identifying marking thereon;
17. To purchase insurance on the motor vehicles owned and
operated by the ABLE Commission in accordance with statutory
provisions, subject to the approval of the Risk Management
Administrator as provided for in Section 85.58A of Title 74 of the
Oklahoma Statutes;
18. To approve or reject any official bond required to be filed
with the ABLE Commission; and
19. To exercise all other powers and duties conferred by the
Oklahoma Alcoholic Beverage Control Act, and all powers incidental,
convenient or necessary to enable it to administer or carry out any
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of the provisions of the Oklahoma Alcoholic Beverage Control Act;
and
20. To supervise, inspect and regulate the business of hemp
beverages.
B. The ABLE Commission shall promulgate rules, pursuant to the
Administrative Procedures Act, to carry out the purposes of the
Oklahoma Alcoholic Beverage Control Act.
SECTION 3. AMENDATORY 37A O.S. 2021, Section 2-109, as
amended by Section 2, Chapter 90, O.S.L. 2024 (37A O.S. Supp. 2025,
Section 2-109), is amended to read as follows:
Section 2-109. A. A retail spirits license shall authorize the
holder thereof:
1. To purchase wine or spirits from a wine and spirits
wholesaler;
2. To purchase beer from a beer distributor or from the holder
of a small brewer self-distribution license;
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, spirits, wine and beer may be sold to charitable
organizations that are holders of charitable alcoholic beverage
auction or charitable alcoholic beverage event licenses; and
4. To host alcoholic beverage tastings consistent with
subsections D and E of this section; and
5. To sell hemp beverages.
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B. A retail wine license shall authorize the holder thereof:
1. To purchase wine from a wine and spirits wholesaler;
2. To purchase wine from a small farm winemaker who is
permitted and has elected to self-distribute as provided in Article
XXVIII-A of the Oklahoma Constitution;
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, wine may be sold to charitable organizations that are
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses; and
4. To host an alcoholic beverage tasting, consistent with
subsections D and E of this section.
Provided, no holder of a retail wine license may sell wine with
alcohol beverage volume in excess of fifteen percent (15%).
C. A retail beer license shall authorize the holder thereof:
1. To purchase beer from a beer distributor;
2. To purchase beer from the holder of a small brewer self-
distribution license;
3. To sell same on the licensed premises in such containers to
consumers for off-premises consumption only and not for resale;
provided, beer may be sold to charitable organizations that are
holders of charitable alcoholic beverage auction or charitable
alcoholic beverage event licenses; and
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4. To host alcoholic beverage tastings consistent with
subsections D and E of this section.
Provided, no holder of a retail beer license may sell a malt
beverage with alcohol beverage volume in excess of fifteen percent
(15%).
D. All tastings conducted under this section shall:
1. Be conducted under the direct supervision of the licensee
authorized to host the tasting;
2. Be poured by any ABLE Commission licensee lawfully permitted
to serve alcoholic beverages, provided no wine or spirits
wholesaler, beer distributor or employee of a wine or spirits
wholesaler or beer distributor shall be allowed to pour samples for
tastings;
3. Use alcoholic beverages purchased by the licensee authorized
to host the tastings from a licensed wine and spirits wholesaler,
beer distributor, self-distributor, small brewer or self-
distributing winery authorized to sell the same, and the licensee
shall pay the applicable taxes on the alcoholic beverages purchased;
provided, the licensee may only provide samples of alcoholic
beverages that its license is authorized to sell;
4. Be restricted to persons twenty-one (21) years of age or
older;
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5. Be limited to no more than one (1) fluid ounce of spirits,
two (2) fluid ounces of wine or three (3) fluid ounces of beer per
consumer per day; and
6. Be consumed on the licensed premises of the licensee
authorized to host the tastings or at a location other than the
licensed premises, provided no samples served on the licensed
premises shall be permitted to be removed from the licensed
premises.
E. All licensees authorized to serve samples pursuant to
subsection D of this section shall ensure that:
1. All samples are poured only from original sealed packaging;
2. Any alcoholic beverages remaining in unsealed packaging used
to provide samples, excluding spirits, are poured out by the end of
the day;
3. No more than six (6) bottles of alcoholic beverages are
unsealed at any given time; and
4. No person shall remove any samples from the licensed
premises or location where the tasting has occurred.
F. 1. Retail spirits, retail wine, and retail beer licensees
shall be authorized to host educational alcoholic beverage training,
which includes tastings, for employees who are licensed to sell such
beverages on the licensed premises in such containers to consumers
for off-premises consumption only. Alcoholic beverages for training
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purposes may be provided by wine and spirits wholesaler licensees
and beer distributor licensees.
2. All such tastings shall be consumed on licensed premises of
the licensee authorized to host the tastings or at a location other
than the licensed premises, and under the direct supervision of the
licensee. Samples shall be poured by a licensee who is lawfully
permitted to serve alcoholic beverages on the licensed premises in
such containers to consumers for off-premises consumption only in
this state. Tastings shall be restricted to employees who are
twenty-one (21) years of age or older. Participation in tastings
for educational purposes may be required by an employer; however,
the choice to taste or consume alcoholic beverages shall always be
voluntary. No employee may be required to taste or consume alcohol
at tastings as a condition of employment.
3. An educational tasting of beer may consist of not more than
six separate individual beers of not more than two (2) ounces each,
served together at one time. No employee may sample more than a
total of twelve (12) fluid ounces of beer per day. An educational
tasting of wine may consist of not more than six separate individual
wines of not more than one (1) ounce each, served together at one
time. No employee may sample more than a total of six (6) fluid
ounces of wine per day. An educational tasting of spirits shall
consist of not more than three separate individual spirits of not
more than one-half (0.5) ounce each, served together at one time.
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No employee may sample more than a total of one and one-half (1.5)
fluid ounces of spirits per day. No employee may sample more than a
total of twelve (12) ounces of beer, six (6) ounces of wine, or one
and one-half (1.5) ounces of spirits per day. Only one type of
alcoholic beverage of beer, wine, or spirits shall be allowed at any
education training tasting. No combination tasting shall be
allowed. Employees who choose to taste an alcoholic beverage but do
not wish to consume the alcoholic beverage shall be allowed to spit
the beverage into a cup for disposal. Employees may participate in
educational tastings before, during, or after regular business hours
unless otherwise prohibited by law. All licensees serving samples
of beer shall ensure that all samples are poured only from original
sealed packaging and any alcoholic beverages remaining in unsealed
packaging used to provide samples, excluding spirits and wine, are
poured out by the end of the day. No more than six bottles of
alcoholic beverages may be unsealed at any given time during a
tasting. All packaging containing samples of wine and spirits shall
be clearly marked as a sample and any unused portions of the sample
of wine or spirits shall be resealed and retained by the wine and
spirits wholesaler for use at the next tasting authorized in this
paragraph. Wine and spirits wholesaler employees may transport any
resealed samples of wine and spirits in their vehicles. Beer, wine,
and spirits samples shall not be considered withdrawn from the
inventory of the beer distributor or wine and spirits wholesaler for
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purposes of the collection of the excise tax on beer, wine, and
spirits. Tastings offered to licensees by wine and spirits
wholesalers and beer distributors shall not be deemed discrimination
or an inducement under Section 3-123 of this title.
SECTION 4. AMENDATORY 37A O.S. 2021, Section 3-101, as
amended by Section 498, Chapter 486, O.S.L. 2025 (37A O.S. Supp.
2025, Section 3-101), is amended to read as follows:
Section 3-101. A. No person shall manufacture, rectify, sell,
possess, store, import into or export from this state, transport or
deliver any alcoholic beverage beverages or hemp beverages except as
specifically provided in the Oklahoma Alcoholic Beverage Control
Act. Provided, that nothing herein shall prevent the possession and
transportation of alcoholic beverages for the personal use of the
possessor and his or her family and guests, so long as the Oklahoma
excise tax has been paid thereon, except for beer. Provided,
further, that nothing herein in this section shall prevent a person
from making beer, cider or wine, by simple fermentation and without
distillation for personal use if the maker of such beverages has
first applied for and possesses a valid personal use permit issued
by the ABLE Commission and the total volume of beer, cider or wine
produced in any given calendar year is less than two hundred (200)
gallons. No beverages made pursuant to a personal use permit shall
be sold or offered for sale.
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B. 1. Any duly licensed physician or dentist may possess and
use alcoholic beverages in the strict practice of the profession and
any hospital or other institution caring for sick or diseased
persons may possess and use alcoholic beverages for the treatment of
bona fide patients of such hospital or institution. Any drugstore
employing a licensed pharmacist may possess and use alcoholic
beverages in the preparation of prescriptions of duly licensed
physicians.
2. The possession, transportation and dispensation of wine by
any authorized representative of any church for the conducting of a
bona fide rite or religious ceremony conducted by such church shall
not be prohibited by the Oklahoma Alcoholic Beverage Control Act;
nor shall such act prevent the sale, shipping or delivery of
sacramental wine by any person holding a sacramental wine supplier
license issued pursuant to the Oklahoma Alcoholic Beverage Control
Act to any religious corporation or society of this state holding a
valid exemption from taxation issued pursuant to Section 501(a) of
the Internal Revenue Code, 1954, and listed as an exempt
organization in Section 501(c)(3) of the Internal Revenue Code,
1954, of the United States, as amended.
3. Provided further, that nothing in the Oklahoma Alcoholic
Beverage Control Act shall prevent the possession, transportation
and sale of alcoholic beverages within military reservations and in
accordance with the laws and rules governing such military
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reservations, provided that the Oklahoma excise tax has been paid on
such beverages.
C. 1. Except as otherwise authorized by law, it is unlawful
for any brewer, manufacturer, wine and spirits wholesaler, beer
distributor or retailer of alcoholic beverages, located and doing
business from outside this state, to make retail sales of alcoholic
beverages to purchasers located in this state or to ship alcoholic
beverages sold at retail to persons located in this state. Any
person who engages in the sale or shipping of alcoholic beverages or
hemp beverages in violation of the provisions of this subsection,
upon conviction, shall be guilty of a Class D1 felony offense
punishable by imprisonment as provided for in subsections B through
F of Section 20N of Title 21 of the Oklahoma Statutes, if the sale
or delivery is made to a person under twenty-one (21) years of age,
or a misdemeanor, if the sale or delivery is made to a person
twenty-one (21) years of age or older.
2. The fine for a violation of this subsection shall be not
more than Five Thousand Dollars ($5,000.00).
3. In addition, if the person holds a license issued by the
ABLE Commission, the license shall be revoked pursuant to Section 60
of this act.
D. All brewers, importers, brokers and others who sell beer or
cider to licensed beer distributors in Oklahoma or manufacturers,
importers, brokers and others who sell cider to licensed beer
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distributors in Oklahoma, regardless of whether such sales are
consummated within or without the state, must obtain a license, as
the case may be, in order to sell beer or cider intended for
consumption within the State of Oklahoma this state.
SECTION 5. AMENDATORY 37A O.S. 2021, Section 6-120, as
amended by Section 711, Chapter 486, O.S.L. 2025 (37A O.S. Supp.
2025, Section 6-120), is amended to read as follows:
Section 6-120. A. Any person who shall sell, furnish or give
alcoholic beverage beverages or hemp beverages to a person under
twenty-one (21) years of age shall be guilty of a misdemeanor for a
first violation, and upon conviction shall be fined not more than
Five Hundred Dollars ($500.00), or imprisoned in the county jail for
not more than one (1) year, or by both such fine and imprisonment.
Any person convicted of a second or subsequent violation shall be
guilty of a Class D3 felony offense, and shall be fined not less
than Two Thousand Five Hundred Dollars ($2,500.00) nor more than
Five Thousand Dollars ($5,000.00), or imprisoned as provided for in
subsections B through F of Section 20P of Title 21 of the Oklahoma
Statutes, or by both such fine and imprisonment. The ABLE
Commission shall revoke the license of any person convicted of a
violation of this section.
B. Any person convicted of a violation pursuant to subsection A
of this section shall be required to attend a victims impact panel
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program, as defined in Section 991a of Title 22 of the Oklahoma
Statutes.
SECTION 6. This act shall become effective November 1, 2026.
60-2-3390 CAD 1/15/2026 12:26:14 PM