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SENATE FLOOR VERSION
February 27, 2025
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 534 By: Wingard of the Senate
and
Fetgatter of the House
An Act relating to medical marijuana license;
amending 63 O.S. 2021, Sections 424 and 427.16, as
last amended by Section 140, Chapter 452, O.S.L. 2024
(63 O.S. Supp. 2024, Section 427.16), which relate to
marijuana transportation license; allowing licensee
to provide certain services; providing certain
requirements for issuance of certain license;
allowing certain annual permit to be issued to
certain licensee; allowing storage by licensee of
certain medical marijuana products; requiring certain
information to be included in inventory manifest;
requiring certain sales receipt prior to certain
services; requiring certain sales to be accomplished
through a third-party vendor; providing certain
requirements for certain delivery; updating statutory
language; creating certain pilot program; providing
for codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 424, is
amended to read as follows:
Section 424. A. A medical marijuana transportation transporter
license will be issued to qualifying applicants for a medical
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marijuana retail, growing, or processing license. The
transportation transporter license will be issued at the time of
approval of a retail, growing, or processing license.
B. A transportation transporter license will allow the holder
to transport medical marijuana from an Oklahoma licensed medical
marijuana retailer, licensed growing facility, or licensed processor
facility to an Oklahoma licensed medical marijuana retailer,
licensed growing facility, or licensed processing facility.
C. All marijuana or marijuana products shall be transported in
a locked container and clearly labeled “Medical Marijuana or
Derivative”.
D. A medical marijuana transporter license issued to a licensed
dispensary or pursuant to Section 427.16 of this title shall allow
the licensee to transport medical marijuana from a medical marijuana
dispensary licensed in this state to a medical marijuana patient
licensed in this state with a Veterans Affairs Benefit Summary
Letter with a disability rating of one hundred percent (100%).
SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.16, as
last amended by Section 140, Chapter 452, O.S.L. 2024 (63 O.S. Supp.
2024, Section 427.16), is amended to read as follows:
A. There is hereby created a medical marijuana transporter
license as a category of the medical marijuana business license.
B. Pursuant to Section 424 of this title, the Oklahoma Medical
Marijuana Authority shall issue a medical marijuana transporter
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license to licensed medical marijuana commercial growers, processors
and dispensaries upon issuance of such licenses and upon each
renewal. Medical marijuana transporter licenses shall also be
issued to licensed medical marijuana research facilities, medical
marijuana education facilities and medical marijuana testing
laboratories upon issuance of such licenses and upon each renewal.
C. A medical marijuana transporter license may also be issued
to qualifying applicants who are registered with the Secretary of
State and otherwise meet the requirements for a medical marijuana
business license set forth in the Oklahoma Medical Marijuana and
Patient Protection Act and the requirements set forth in this
section to provide logistics, distribution and storage of medical
marijuana, medical marijuana concentrate and medical marijuana
products.
D. A medical marijuana transporter license shall be valid for
one (1) year and shall not be transferred with a change of
ownership. A licensed medical marijuana transporter shall be
responsible for all medical marijuana, medical marijuana concentrate
and medical marijuana products once the transporter takes control of
the product.
E. A transporter license shall be required for any person or
entity to transport or transfer medical marijuana, medical marijuana
concentrate or medical marijuana products from a licensed medical
marijuana business to another medical marijuana business, or from a
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medical marijuana business to a medical marijuana research facility
or medical marijuana education facility, or from a licensed medical
marijuana dispensary to a licensed medical marijuana patient with a
Veterans Affairs Benefit Summary Letter with a disability rating of
one hundred percent (100%).
F. A medical marijuana transporter licensee may contract with
multiple licensed medical marijuana businesses.
G. A medical marijuana transporter may maintain a licensed
premises to temporarily store medical marijuana, medical marijuana
concentrate and medical marijuana products and to use as a
centralized distribution point. A medical marijuana transporter may
store and distribute medical marijuana, medical marijuana
concentrate and medical marijuana products from the licensed
premises. The licensed premises shall meet all security
requirements applicable to a medical marijuana business. The
Authority shall issue licenses upon proper application by a licensee
and determination by the Authority that the proposed site and
facility are physically and technically suitable.
H. A medical marijuana transporter licensee shall use the seed-
to-sale tracking system developed pursuant to the Oklahoma Medical
Marijuana and Patient Protection Act to create shipping manifests
documenting the transport or temporary storage of medical marijuana,
medical marijuana concentrate and medical marijuana products
throughout the state.
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I. A licensed medical marijuana transporter may maintain and
operate one or more warehouses in the state to handle medical
marijuana, medical marijuana concentrate and medical marijuana
products, provided the licensee possesses a valid, unexpired medical
marijuana transporter license and has applied for and received a
permit for each warehouse location. The Authority shall issue an
annual permit for each warehouse location operated by a licensee
that is equal to the annual medical marijuana transporter license
term. There shall be no limit to the number of permits issued under
a medical marijuana transporter license. A permit shall be issued
only upon proper application by a licensee and determination by the
Authority that the proposed site and facility are physically and
technically suitable. Upon determination that the proposed site and
facility are not physically and technically suitable, the Authority
may deny the permit. Each warehouse location shall be registered
approved and inspected by the Authority prior to its use. Medical
marijuana transporter warehouses that are licensed and approved by
the Authority may temporarily store medical marijuana, medical
marijuana concentrate, and medical marijuana products, provided all
temporary storage is documented, tracked, and traceable in the
state-mandated seed-to-sale tracking system.
J. With the exception of a lawful transfer between medical
marijuana businesses who that are licensed to operate at the same
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physical address, all medical marijuana, medical marijuana
concentrate and medical marijuana products shall be transported:
1. In vehicles equipped with Global Positioning System (GPS)
trackers;
2. In a locked container and clearly labeled “Medical Marijuana
or Derivative”; and
3. In a secured area of the vehicle that is not accessible by
the driver during transit.
K. A transporter agent may possess medical marijuana at any
location while the transporter agent is transferring medical
marijuana to or from a licensed medical marijuana business, licensed
medical marijuana research facility or licensed medical marijuana
education facility, or from a licensed medical marijuana dispensary
to a licensed medical marijuana patient with a Veterans Affairs
Benefit Summary Letter with a disability rating of one hundred
percent (100%). The Authority shall administer the provisions of
this section and the Authority, the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control, the Oklahoma State Bureau of
Investigation, and the Attorney General shall have the authority to
enforce the provisions of this section concerning transportation.
L. The Authority shall issue a transporter agent license to
individual agents, employees, officers or owners of a transporter
license in order for the individual to qualify to transport medical
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marijuana, medical marijuana concentrate or medical marijuana
products.
M. The annual fee for a transporter agent license shall be
Twenty-five Dollars ($25.00) and shall be paid by the transporter
license-holder or the individual applicant. Transporter agent
license reprints shall be Twenty Dollars ($20.00).
N. The Authority shall issue each transporter agent a registry
identification card within thirty (30) days of receipt of:
1. The name, address and date of birth of the person;
2. Proof of current state residency;
3. Proof of identity as required for a medical marijuana
business license;
4. Possession of a valid state-issued driver license;
5. Verification of employment with a licensed transporter;
6. The application and affiliated fee; and
7. A copy of the criminal background check conducted by the
Oklahoma State Bureau of Investigation, paid for by the applicant.
O. If the transporter agent application is denied, the
Authority shall notify the transporter in writing of the reason for
denying the registry identification card.
P. A registry identification card for a transporter agent shall
expire one (1) year after the date of issuance or upon notification
from the holder of the transporter license that the transporter
agent ceases to work as a transporter.
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Q. The Authority may revoke the registry identification card of
a transporter agent who knowingly violates any provision of this
section, and the transporter is subject to any other penalties
established by law for the violation.
R. The Authority may revoke or suspend the transporter license
of a transporter that the Authority determines knowingly aided or
facilitated a violation of any provision of this section, and the
license holder is subject to any other penalties established in law
for the violation.
S. Vehicles used in the transport of medical marijuana or
medical marijuana product shall be:
1. Insured at or above the legal requirements in this state;
2. Capable of securing medical marijuana during transport; and
3. In possession of a shipping container as defined in Section
427.2 of this title capable of securing all transported products.
T. Prior to the transport of any medical marijuana, medical
marijuana concentrate or medical marijuana products, an inventory
manifest shall be prepared at the origination point of the medical
marijuana. The inventory manifest shall include the following
information:
1. For the origination point of the medical marijuana:
a. the licensee number for the commercial grower,
processor, or dispensary,
b. the address of origination of transport, and
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c. the name and contact information for the originating
licensee;
2. For temporary storage at a medical marijuana transporter
licensed premises or warehouse location that is licensed and
approved by the Authority:
a. the licensee number for the medical marijuana
commercial grower, medical marijuana processor, or
medical marijuana dispensary,
b. the address of origination of transport,
c. the name and contact information for the originating
licensee, and
d. the license number, physical address, and name and
contact information of the medical marijuana
transporter licensed premises or warehouse location
and notation that the medical marijuana, medical
marijuana concentrate, and medical marijuana products
are being temporarily stored;
3. For the end recipient license holder of the medical
marijuana:
a. the license number for the dispensary, commercial
grower, processor, research facility, or education
facility destination,
b. the address of the destination, and
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c. the name and contact information for the destination
licensee;
3. 4. Quantities by weight or unit of each type of medical
marijuana product contained in transport;
4. 5. The date of the transport and the approximate time of
departure;
5. 6. The arrival date and estimated time of arrival;
6. 7. Printed names and signatures of the personnel
accompanying the transport; and
7. 8. Notation of the transporting licensee.
U. 1. A separate inventory manifest shall be prepared for each
business licensee receiving the medical marijuana.
2. The transporter agent shall provide the other medical
marijuana business with a copy of the inventory manifest at the time
the product changes hands and after the other licensee prints his or
her name and signs the inventory manifest.
3. A receiving business licensee shall refuse to accept any
medical marijuana, medical marijuana concentrate or medical
marijuana products that are not accompanied by an inventory
manifest.
4. Originating and receiving business licensees, including
medical marijuana transporter warehouses temporarily storing medical
marijuana, medical marijuana concentrate, and medical marijuana
products, shall maintain copies of inventory manifests and logs of
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quantities of medical marijuana received for seven (7) years from
date of receipt.
V. 1. A medical marijuana transporter license issued to a
licensed dispensary or a licensed medical marijuana transporter
issued pursuant to this section shall allow the holder to transport
medical marijuana for a medical marijuana dispensary licensed in
this state to a medical marijuana patient licensed in this state
with a Veterans Affairs Benefit Summary Letter with a disability
rating of one hundred percent (100%).
2. Prior to the transport of any medical marijuana, medical
marijuana concentrate, and medical marijuana products, a sales
receipt shall be prepared at the medical marijuana dispensary
licensed in this state. A separate receipt shall be prepared for
each medical marijuana patient licensee receiving the medical
marijuana delivery. A quick response (QR) code displayed on the
package may be used in place of a paper receipt.
3. The inventory manifest shall include the following
information:
a. for the origination point of the medical marijuana:
(1) the license number for the dispensary,
(2) the address of origination of transport, and
(3) the name and contact information for the
originating dispensary,
b. for the end recipient medical marijuana licensee:
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(1) the license number for the dispensary, commercial
grower, processor, research facility, or
educational facility destination,
(2) the address of the destination, and
(3) the name, license number, and contact information
for the destination licensee,
c. quantities by weight or unit of each type of medical
marijuana product contained in transport,
d. the date of the transport and the approximate time of
departure,
e. the arrival date and estimated time of arrival,
f. printed names and signatures, and
g. notation of the transporter licensee.
4. All delivery sales from a licensed medical marijuana
dispensary to a licensed medical marijuana patient shall be
accomplished through a third-party vendor and shall require:
a. the patient to download an application on his or her
electronic device,
b. the patient to upload a valid driver license, a
medical marijuana patient license, a three-dimensional
(3D) facial map to the application prior to placing an
order, and a current Veterans Affairs Benefit Summary
Letter with a disability rating of one hundred percent
(100%),
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c. the patient to complete a facial identification or
enter a security code to access the application,
d. the software to verify the patient card with the
Authority’s database to confirm that the patient’s
license is active each time a delivery order is
initiated,
e. the patient to render payment through the application
upon verification of an active license,
f. the information to be securely transmitted to a
licensed medical marijuana dispensary following the
verification of payment,
g. a location finder, allowing the patient and
transporter agent to identify the location of the
other, and
h. the patient to perform a final 3D facial mapping upon
the transporter agent’s arrival to verify that the
individual accepting the delivery is the licensed
patient who placed the order.
5. After completing this final verification, the delivery can
be finalized.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.16a of Title 63, unless
there is created a duplication in numbering, reads as follows:
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A. There is hereby created within the Oklahoma Medical
Marijuana Authority a Medical Marijuana Veterans Transporter Pilot
Program. The program shall permit qualifying entities to transport
medical marijuana from a licensed medical marijuana dispensary to a
licensed medical marijuana patient with a current Veterans Affairs
Benefit Summary Letter with a disability rating of one hundred
percent (100%). The pilot program shall expire at the conclusion of
two (2) years from the effective date of this act.
B. The Authority shall promulgate rules necessary to implement
the pilot program.
SECTION 4. This act shall become effective November 1, 2025.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
February 27, 2025 - DO PASS AS AMENDED BY CS