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ENGR. H. A. to ENGR. S. B. NO. 3 Page 1
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ENGROSSED HOUSE AMENDMENT
TO
ENGROSSED SENATE BILL NO. 3 By: Green and Hamilton of the
Senate
and
George of the House
[ biosolids - land application - permits - cessation
of certain actions - plan submission - rule
promulgation - codification -
emergency ]
AUTHOR: Remove Representative George as principal House author and
substitute with Representative Marti.
AMENDMENT NO. 1. Strike the stricken title, enacting clause, and
entire bill and insert:
"[ hemp – industrial hemp – Oklahoma Industrial Hemp
Program – licensing – agencies – revocation of
licenses – fines – violations – definitions –
codification
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
ENGR. H. A. to ENGR. S. B. NO. 3 Page 2
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SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 3-412 of Title 2, unless there
is created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Agriculture, Food, and Forestry
shall administer the Oklahoma Industrial Hemp Program in full
conformity with the definition of hemp in 7 U.S.C., Section 1639o,
as amended by Section 781 of Public Law 119-37.
B. No license, permit, or authorization issued under this
program shall allow the production, processing, sale, or
distribution of any product that is excluded from the definition of
hemp under federal law, except as expressly exempted by state law in
Section 3-402 of this title.
C. The Department may promulgate rules to implement testing
protocols for total tetrahydrocannabinol (THC), container limits,
age verification, point-of-sale restrictions, labeling, packaging,
and exclusions for synthetic or non-naturally occurring
cannabinoids.
D. Any state agency that issues a license, permit, or other
authorization to any entity subject to the provisions of this act,
including but not limited to the Department and the Alcoholic
Beverage Laws Enforcement (ABLE) Commission, shall have the
authority to revoke or suspend such license, permit, or
authorization upon a finding that the licensee or permittee has
violated any provision of this act or rules promulgated pursuant
ENGR. H. A. to ENGR. S. B. NO. 3 Page 3
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thereto. In addition to revocation or suspension, the agency shall
impose a civil fine of not less than Ten Thousand Dollars
($10,000.00) for each violation.
E. Any product that does not qualify as hemp under this
section, and is not exempted under state law, shall be subject to
the provisions of the Uniform Controlled Dangerous Substances Act,
Section 2-101 et seq. of Title 63 of the Oklahoma Statutes.
SECTION 2. AMENDATORY 2 O.S. 2021, Section 3-402, as
last amended by Section 1, Chapter 266, O.S.L. 2024 (2 O.S. Supp.
2025, Section 3-402), is amended to read as follows:
Section 3-402. As used in the Oklahoma Industrial Hemp Program:
1. "Container" means the innermost wrapping, packaging, or
vessel in direct contact with a final hemp-derived cannabinoid
product in which the final product is enclosed for retail sale to
consumers, such as a jar, bottle, bag, box, can, carton, or
cartridge;
2. "Department" means the Oklahoma Department of Agriculture,
Food, and Forestry;
2. 3. "Fiber" means the stalk of the industrial hemp plant and
does not include the flower or seeds of the plant;
3. 4. "Flower" means the part of the industrial hemp plant that
contains the majority of the industrial hemp plant's
tetrahydrocannabinol and other cannabinoids;
ENGR. H. A. to ENGR. S. B. NO. 3 Page 4
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4. 5. "Grain" means all of the parts of an industrial hemp
plant except the stalk or the flower of the industrial hemp plant;
6. "Final hemp-derived cannabinoid product" means any
intermediate or final product derived from hemp, other than
industrial hemp, that contains cannabinoids in any form and is
intended for human or animal use through ingestion, inhalation,
topical application, or other form of administration;
5. 7. "Handling" means possessing or storing industrial hemp
for any period of time on premises owned, operated or controlled by
a person licensed to cultivate or process industrial hemp and also
includes possessing or storing industrial hemp in a vehicle for any
period of time other than during its actual transport from the
premises of a licensed person to cultivate or process industrial
hemp to the premises of another licensed person;
6. 8. "Industrial hemp" or "hemp" means the plant Cannabis
sativa L. and any part of the plant, including the seeds thereof,
and all derivatives, extracts, cannabinoids, isomers, acids, salts
and salts of isomers, whether growing or not, with a total delta-9
tetrahydrocannabinol concentration of not more than three-tenths of
one percent (0.3%) on a dry-weight basis, as defined in 7 U.S.C.,
Section 1639o, as amended by Section 781 of Public Law 119-37.
Furthermore, industrial hemp means hemp that is grown for the use of
the stalk, whole grain, oil, cake, nut, hull, or any other
noncannabinoid derivative of the seeds, or for fiber, or for
ENGR. H. A. to ENGR. S. B. NO. 3 Page 5
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immature plants, such as microgreens or other edible leaf products,
or for research purposes by an institution of higher education that
does not enter the stream of commerce.
The term hemp does not include:
a. viable seeds from a cannabis plant that exceed a total
tetrahydrocannabinols concentration, including
tetrahydrocannabinolic acid, of three-tenths of one
percent (0.3%) on a dry-weight basis,
b. any cannabinoid that is synthesized or manufactured
outside the plant Cannabis sativa L. or that is not
capable of being naturally produced by the plant,
c. intermediate hemp-derived cannabinoid products that
contain greater than three-tenths of one percent
(0.3%) total tetrahydrocannabinols concentration,
including tetrahydrocannabinolic acid, on a dry-weight
basis or that contain any cannabinoid described in
subparagraph b of this paragraph, or
d. final hemp-derived cannabinoid products containing
greater than four-tenths of a milligram (0.4 mg)
combined total per container of total
tetrahydrocannabinols, including
tetrahydrocannabinolic acid, and any other
cannabinoids that have similar effects, or are
marketed to have similar effects, on humans or animals
ENGR. H. A. to ENGR. S. B. NO. 3 Page 6
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as tetrahydrocannabinol, as determined by the United
States Secretary of Health and Human Services.
Provided, however, that the exclusion in subparagraph d of this
paragraph shall not apply to hemp-derived cannabinoid beverages
containing ten milligrams (10 mg) or less of total
tetrahydrocannabinols per container that are sold exclusively to
persons twenty-one (21) years of age or older in a package store
licensed under the Oklahoma Alcoholic Beverage Control Act, Title
37A of the Oklahoma Statutes. Such beverages shall be subject to
age verification, labeling, packaging, testing, and other
requirements established by the Department in consultation with the
Alcoholic Beverage Laws Enforcement (ABLE) Commission;
7. 9. "Key participant" means a person who has a direct or
indirect financial interest in the entity producing hemp, such as an
owner or partner in a partnership. A key participant includes an
individual who is part of a corporate entity or a tribal-owned
corporation. A key participant also includes an executive-level
individual such as a chief executive officer, chief operating
officer, or chief financial officer. Such term shall not include
such management personnel as a farm, field, or shift manager or a
member of the leadership of a tribal government who is acting in his
or her capacity as a tribal leader except when such member exercises
executive managerial control over hemp production;
ENGR. H. A. to ENGR. S. B. NO. 3 Page 7
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8. 10. "Licensee" means a person who holds a valid Industrial
Hemp License to grow industrial hemp under the Oklahoma Industrial
Hemp Program. A licensee shall have the ability to remediate
noncompliant industrial hemp with a total delta-9
tetrahydrocannabinol concentration of not more than one percent
(1.0%) on a dry-weight basis for retesting as set forth by the
Department as long as the noncompliant industrial hemp has a total
delta-9 tetrahydrocannabinol concentration of not more than three-
tenths of one percent (0.3%) on a dry-weight basis after retesting,
and the option to remediate the industrial hemp through the
reasonable destruction of the flower or shredding of the entire lot
into a homogeneous biomass results in the remediation of any part of
the industrial hemp plant that is above three-tenths of one percent
(0.3%) on a dry-weight basis. All noncompliant hemp must be tracked
and documented. The State Board of Agriculture shall have
jurisdiction over such remediation, which includes, but is not
limited to, destruction through composting, burning, or other
regulated disposal methods if the industrial hemp is not remediated
into a final product before processing below three-tenths of one
percent (0.3%) on a dry-weight basis;
9. 11. "License" means authorization by the Department for any
person to grow and cultivate industrial hemp on a registered land
area as part of the Oklahoma Industrial Hemp Program; and
ENGR. H. A. to ENGR. S. B. NO. 3 Page 8
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10. 12. "Processing" means converting industrial hemp into a
marketable form, including the production of all derivatives,
extracts, cannabinoids, isomers, acids, salts, and salts of isomers;
provided, that such products qualify as hemp under this section and
federal law; and
13. "Total tetrahydrocannabinols" or "total THC" means the sum
of the delta-9 tetrahydrocannabinol concentration and the
tetrahydrocannabinol acid concentration, as measured after
decarboxylation, plus any additional cannabinoids designated by the
Secretary of the U.S. Department of Health and Human Services as
having similar effects.
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."
ENGR. H. A. to ENGR. S. B. NO. 3 Page 9
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Passed the House of Representatives the 29th day of April, 2026.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2026.
Presiding Officer of the Senate
ENGR. S. B. NO. 3 Page 1
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ENGROSSED SENATE
BILL NO. 3 By: Green and Hamilton of the
Senate
and
George of the House
[ biosolids - land application - permits - cessation
of certain actions - plan submission - rule
promulgation - codification -
emergency ]
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-6-501.7 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. To protect the health and safety of the people of this
state, land application of sludge and biosolid material is hereby
prohibited on and after July 1, 2027. On and after the effective
date of this act, the Department of Environmental Quality shall not
issue any new permit for the land application of sludge or biosolid
material. Renewal of permits for land application shall be left to
the discretion of the Department of Environmental Quality.
B. 1. Not later than September 1, 2025, all persons or
entities permitted to land apply sludge or biosolid material shall
reduce the amount of such material land applied by at least twenty-
five percent (25%).
ENGR. S. B. NO. 3 Page 2
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2. Not later than September 1, 2026, all persons or entities
permitted to land apply sludge or biosolid material shall reduce the
amount of such material land applied by at least fifty percent
(50%).
C. Not later than September 1, 2025, any person or entity
permitted to land apply sludge or biosolid material shall submit a
plan for full cessation of such actions to the Department of
Environmental Quality. The plan shall be compiled and submitted in
the form and manner prescribed by the Department. The Department
shall promulgate rules to implement the provisions of this section.
D. For the purposes of this section:
1. “Biosolid material” means sewage sludge containing any
perfluoroalkyl and polyfluoroalkyl substance; and
2. “Sludge” shall mean sludge as defined pursuant to Section 2-
10-401 of Title 27A of the Oklahoma Statutes.
SECTION 5. 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.
ENGR. S. B. NO. 3 Page 3
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Passed the Senate the 26th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives