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ENGR. H. A. to ENGR. S. B. NO. 697 Page 1
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ENGROSSED HOUSE AMENDMENT
TO
ENGROSSED SENATE BILL NO. 697 By: Coleman of the Senate
and
Marti of the House
An Act relating to medical marijuana licenses; 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), which relates to medical marijuana
transporter license; establishing certain
requirements for license issuance; updating statutory
language; allowing certain actions by certain
licensee; requiring certain information to be
documented in certain inventory manifest prior to
certain action; and providing an effective date.
AUTHOR: Remove Representative Marti as principal House author and
substitute with Representative Turner
AMENDMENT NO. 1. Page 1, Line 13 1/2, delete Section 1 in its
entirety and insert a new Section 1 to read:
"SECTION 1. AMENDATORY 63 O.S. 2021, Section 2-309, as
last amended by Section 6, Chapter 308, O.S.L. 2024 (63 O.S. Supp.
2024, Section 2-309), is amended to read as follows:
Section 2-309. A. 1. Except for dosages medically required
for a period not to exceed forty-eight (48) hours which are
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administered by or on direction of a practitioner, other than a
pharmacist, or medication dispensed directly by a practitioner,
other than a pharmacist, to an ultimate user, no controlled
dangerous substance included in Schedule II, which is a prescription
drug as determined under regulation promulgated by the Board of
Pharmacy, shall be dispensed without an electronic prescription of a
practitioner; provided, that in emergency situations, as prescribed
by the Board of Pharmacy by regulation, such drug may be dispensed
upon oral prescription reduced promptly to writing and filed by the
pharmacist in a manner to be prescribed by rules and regulations of
the Director of the Oklahoma State Bureau of Narcotics and Dangerous
Drugs Control.
2. Electronic prescribing shall be utilized for Schedules II,
III, IV and V, subject to the requirements set forth in 21 CFR,
Section 1311 et seq.
3. An electronic prescription with electronic signature may
serve as an original prescription, subject to the requirements set
forth in 21 CFR, Section 1311 et seq.
4. Prescriptions shall be retained in conformity with the
requirements of this section and Section 2-307 of this title. No
prescription for a Schedule II substance may be refilled.
5. The electronic prescription requirement provided for in this
section shall not apply to prescriptions for controlled dangerous
substances issued by any of the following:
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a. a person licensed to practice veterinary medicine,
b. a practitioner who experiences temporary technological
or electrical failure or other extenuating
circumstance that prevents the prescription from being
transmitted electronically; provided, however, that
the practitioner documents the reason for this
exception in the medical record of the patient,
c. a practitioner, other than a pharmacist, who dispenses
directly to an ultimate user,
d. a practitioner who orders a controlled dangerous
substance to be administered through an on-site
pharmacy in:
(1) a hospital as defined in Section 1-701 of this
title,
(2) a nursing facility as defined in Section 1-1902
of this title,
(3) a hospice inpatient facility as defined in
Section 1-860.2 of this title,
(4) an outpatient dialysis facility,
(5) a continuum of care facility as defined in
Section 1-890.2 of this title, or
(6) a penal institution listed in Section 509 of
Title 57 of the Oklahoma Statutes,
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e. a practitioner who orders a controlled dangerous
substance to be administered through a hospice program
including but not limited to a hospice program that
provides hospice services in the private residence of
a patient or in a long-term care facility where the
patient resides. As used in this subparagraph,
“hospice program” has the same meaning as provided by
Section 1-860.2 of this title,
f. a practitioner who writes a prescription to be
dispensed by a pharmacy located on federal property,
provided the practitioner documents the reason for
this exception in the medical record of the patient,
g. a practitioner that has received a waiver or extension
from his or her licensing board,
h. a practitioner who prescribes a controlled dangerous
substance for a supply that when taken as prescribed
would be consumed within seventy-two (72) hours, or
i. a practitioner who determines that an electronic
prescription cannot be issued in a timely manner and
the condition of the patient is at risk.
6. Electronic prescriptions may be utilized under the following
circumstances:
a. compounded prescriptions,
b. compounded infusion prescriptions, or
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c. prescriptions issued under approved research
protocols.
7. A pharmacist who receives a written, oral or facsimile
prescription shall not be required to verify that the prescription
falls under one of the exceptions provided for in paragraph 6 of
this subsection. Pharmacists may continue to dispense medications
from otherwise valid written, oral or facsimile prescriptions that
are consistent with the provisions of this section.
8. Practitioners shall indicate in the health record of a
patient that an exception to the electronic prescription requirement
was utilized.
9. All prescriptions issued pursuant to paragraph 5 and
subparagraph c of paragraph 6 of this subsection shall be on an
official prescription form approved by the Oklahoma State Bureau of
Narcotics and Dangerous Drugs Control if not issued electronically.
All prescriptions issued pursuant to subparagraphs a and b of
paragraph 6 of this subsection may be transmitted via written, oral,
or facsimile.
10. a. Practitioners shall be registered with the Oklahoma
State Bureau of Narcotics and Dangerous Drugs Control
in order to purchase official prescription forms.
Such registration shall include, but not be limited
to, the primary address and the address of each place
of business to be imprinted on official prescription
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forms. Any change to a registered practitioner’s
registered address shall be promptly reported to the
practitioner’s licensing board and the Bureau by the
practitioner in a manner approved by the Bureau.
b. Where the Bureau has revoked the registration of a
registered practitioner, the Bureau may revoke or
cancel any official prescription forms in the
possession of the registered practitioner. Any
revocation or any suspension shall require the
registered practitioner to return all unused official
prescription forms to the Bureau within fifteen (15)
calendar days after the date of the written
notification.
c. A practitioner that has had any license to practice
terminated, revoked or suspended by a state or federal
agency may, upon restoration of such license or
certificate, register with the Bureau.
11. a. Official prescription forms shall be purchased at the
expense of the practitioner or the employer of the
practitioner from a list of vendors approved by the
Bureau.
b. Official prescription forms issued to a registered
practitioner shall be imprinted with the primary
address and may include other addresses listed on the
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registration of the practitioner to identify the place
of origin. Such prescriptions shall be sent only to
the primary address of the registered practitioner.
c. Official prescription forms of a registered
practitioner shall be used only by the practitioner
designated on the official prescription form.
d. The Bureau may revoke or cancel official prescription
forms in possession of registered practitioners when
the license of such practitioner is suspended,
terminated or revoked.
e. Official prescription forms of registered
practitioners who are deceased or who no longer
prescribe shall be returned to the Bureau at a
designated address. If the registered practitioner is
deceased, it is the responsibility of the registered
practitioner’s estate or lawful designee to return
such forms.
f. The Bureau may issue official prescription forms to
employees or agents of the Bureau and other government
agencies for the purpose of preventing, identifying,
investigating and prosecuting unacceptable or illegal
practices by providers and other persons and assisting
in the recovery of overpayments under any program
operated by the state or paid for with state funds.
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Such prescription forms shall be issued for this
purpose only to individuals who are authorized to
conduct investigations on behalf of the Bureau or
other government agencies as part of their official
duties. Individuals and agencies receiving such
prescription forms for this purpose shall provide
appropriate assurances to the Bureau that adequate
safeguards and security measures are in place to
prevent the use of such prescription forms for
anything other than official government purposes.
12. a. Adequate safeguards and security measures shall be
undertaken by registered practitioners holding
official prescription forms to assure against the
loss, destruction, theft or unauthorized use of the
forms. Registered practitioners shall maintain a
sufficient but not excessive supply of such forms in
reserve.
b. Registered practitioners shall immediately notify the
Bureau, in a manner designated by the Bureau, upon
their knowledge of the loss, destruction, theft or
unauthorized use of any official prescription forms
issued to them, as well as the failure to receive
official prescription forms within a reasonable time
after ordering them from the Bureau.
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c. Registered practitioners shall immediately notify the
Bureau upon their knowledge of any diversion or
suspected diversion of drugs pursuant to the loss,
theft or unauthorized use of prescriptions.
B. 1. Except for dosages medically required for a period not
to exceed seventy-two (72) hours which are administered by or on
direction of a practitioner other than a pharmacist or medication
dispensed directly by a practitioner, other than a pharmacist, to an
ultimate user, or the circumstances provided for in paragraphs 5 and
6 of subsection A of this section, no controlled dangerous substance
included in Schedule III or IV, which is a prescription drug as
determined under regulation promulgated by the Board of Pharmacy,
shall be dispensed without an electronic prescription.
2. Any prescription for a controlled dangerous substance in
Schedule III, IV or V may not be filled or refilled more than six
(6) months after the date thereof or be refilled more than five
times after the date of the prescription, unless renewed by the
practitioner.
C. Whenever it appears to the Director of the Oklahoma State
Bureau of Narcotics and Dangerous Drugs Control that a drug not
considered to be a prescription drug under existing state law or
regulation of the Board of Pharmacy should be so considered because
of its abuse potential, the Director shall so advise the Board of
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Pharmacy and furnish to the Board all available data relevant
thereto.
D. 1. “Prescription”, as used in this section, means a
written, oral or electronic order by a practitioner to a pharmacist
for a controlled dangerous substance for a particular patient, which
specifies the date of its issue, and the full name and address of
the patient and, if the controlled dangerous substance is prescribed
for an animal, the species of the animal, the name and quantity of
the controlled dangerous substance prescribed, the directions for
use, the name and address of the owner of the animal and, if
written, the signature of the practitioner. When electronically
prescribed, the full name of the patient may include the name and
species of the animal.
2. “Registered practitioner”, as used in this section, means a
licensed practitioner duly registered with the Oklahoma State Bureau
of Narcotics and Dangerous Drugs Control authorized to purchase
official prescription forms.
E. No person shall solicit, dispense, receive or deliver any
controlled dangerous substance through the mail, unless the ultimate
user is personally known to the practitioner and circumstances
clearly indicate such method of delivery is in the best interest of
the health and welfare of the ultimate user."
and amend title to conform
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Passed the House of Representatives the 8th day of May, 2025.
Presiding Officer of the House of
Representatives
Passed the Senate the ____ day of __________, 2025.
Presiding Officer of the Senate
ENGR. S. B. NO. 697 Page 1
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ENGROSSED SENATE
BILL NO. 697 By: Coleman of the Senate
and
Marti of the House
An Act relating to medical marijuana licenses; 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), which relates to medical marijuana
transporter license; establishing certain
requirements for license issuance; updating statutory
language; allowing certain actions by certain
licensee; requiring certain information to be
documented in certain inventory manifest prior to
certain action; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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:
Section 427.16. 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
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
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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
medical marijuana business to a medical marijuana research facility
or medical marijuana education facility.
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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 inventory
manifests documenting the transport or temporary storage of medical
marijuana, medical marijuana concentrate and medical marijuana
products throughout the state.
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 they possess a valid, unexpired medical marijuana
transport license and have applied for and received a permit for
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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 transport license term, and 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 a finding that the proposed site and facility are
not physically or technically suitable, the Authority shall 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.
J. With the exception of a lawful transfer between medical
marijuana businesses who are licensed to operate at the same
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
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3. In a secured area of the vehicle that is not accessible by
the driver during transit.
K. A transporter agent may possess marijuana at any location
while the transporter agent is transferring marijuana to or from a
licensed medical marijuana business, licensed medical marijuana
research facility or licensed medical marijuana education facility.
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
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;
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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 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.
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.
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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. address of origination of transport, and
c. 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 license number for the commercial grower,
processor, or dispensary,
b. the address of origination of transport,
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c. 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 concentrates, 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. address of the destination, and
c. 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.
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U. 1. A separate inventory manifest shall be prepared for each
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 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 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
quantities of medical marijuana received for seven (7) years from
date of receipt.
SECTION 3. This act shall become effective November 1, 2025.
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Passed the Senate the 13th 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