Oklahoma For Cannabis ( The Repeal Cannabis Prohibition Movement) New Doc: Read it now, SB 2116, D…


Keary Prophet posted in Oklahoma For Cannabis ( The Repeal Cannabis Prohibition Movement)

Keary Prophet created the doc: "Read it now, SB 2116, Don't cry and bitch later!"

STATE OF OKLAHOMA

2nd Session of the 54th Legislature (2014)

SENATE BILL 2116 By: Johnson (Constance)

AS INTRODUCED

An Act relating to marihuana legalization, taxation
and regulation; providing definitions; legalizing
possession, consumption, cultivation, acquisition,
and transportation of marihuana under certain
circumstances; prohibiting cultivation by persons
under certain age; prohibiting cultivation in public
view; requiring reasonable precautions for
cultivation; restricting cultivation to certain
properties; prohibiting purchases of marihuana by
certain persons; permitting retail distribution of
marihuana; permitting commercial cultivation and
distribution of marihuana; permitting State Board of
Health to impose penalties for certain violations;
directing State Board of Health to adopt certain
rules; providing standards for rules; prohibiting
provision of certain information by consumers;
providing certain registration; requiring annual
renewal of registrations; directing State Department
of Health to process applications within certain time
period; requiring Department to distribute
applications to municipalities; providing standards
for denial of applications; permitting State
Department of Health to inspect certain facilities
and records; permitting employers to restrict use of
marihuana by employees; prohibiting driving under
influence of marihuana; prohibiting certain
transfers; permitting certain entities to restrict
use and possession of marihuana in certain areas;
permitting use of marihuana for scientific research;
creating Marihuana Legalization Revolving Fund;
directing distribution of certain revenues; providing
punishments for violations by certain persons;
establishing excise tax on marihuana; permitting
Oklahoma Tax Commission to adjust certain rate;
requiring certain facilities to pay excise tax on

certain date; providing for severability; providing
for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:

SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-112 of Title 63, unless there
is created a duplication in numbering, reads as follows:

As used in this act:

1. "Consumer" means a person twenty-one (21) years of age or
older who purchases marihuana or marihuana products for personal use
by persons twenty-one (21) years of age or older, but not for resale
to others;

2. "Department" means the State Department of Health;

3. "Industrial hemp" means the plant of the genus cannabis and
any part of such plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration that does not exceed three-tenths
of one percent (0.30%) on a dry weight basis;

4. "Locality" means a municipality or, in reference to a
location outside the boundaries of a municipality, a county;

5. "Local regulatory authority" means the office or entity
designated to process marihuana establishment applications by a
municipality or, in reference to a location outside the boundaries
of a municipality, a county;

6. "Marihuana" means all parts of the plant of the genus
cannabis, the seeds thereof, the resin extracted from any part of
the plant, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant, its seeds, or its resin,
including marihuana concentrate. "Marihuana" does not include
industrial hemp, nor does it include fiber produced from the stalks,
oil, or cake made from the seeds of the plant, sterilized seed of
the plant which is incapable of germination, or the weight of any
other ingredient combined with marihuana to prepare topical or oral
administrations, food, drink, or other product;

7. "Marihuana accessories" means any equipment, products, or
materials of any kind which are used, intended for use, or designed
for use in planting, propagating, cultivating, growing, harvesting,
composting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, vaporizing, or containing marihuana, or for ingesting,
inhaling, or otherwise introducing marihuana into the human body;

8. "Marihuana cultivation facility" means an entity registered
to cultivate, prepare, and package marihuana and sell marihuana to
retail marihuana stores, to marihuana product manufacturing
facilities, and to other marihuana cultivation facilities, but not
to consumers. A marihuana cultivation facility may not produce
marihuana concentrates, tinctures, extracts, or other marihuana
products;

9. "Marihuana establishment" means a marihuana cultivation
facility, a marihuana testing facility, a marihuana product
manufacturing facility, or a retail marihuana store;

10. "Marihuana product manufacturing facility" means an entity
registered to purchase marihuana; manufacture, prepare, and package
marihuana products; and sell marihuana and marihuana products to
other marihuana product manufacturing facilities and to retail
marihuana stores, but not to consumers;

11. "Marihuana products" means concentrated marihuana products
and marihuana products that are comprised of marihuana and other
ingredients and are intended for use or consumption, such as, but
not limited to, edible products, ointments, and tinctures;

12. "Marihuana testing facility" means an entity registered to
analyze and certify the safety and potency of marihuana;

13. "Public place" means any place to which the general public
has access;

14. "Retail marihuana store" means an entity registered to
purchase marihuana from marihuana cultivation facilities and
marihuana and marihuana products from marihuana product
manufacturing facilities and to sell marihuana and marihuana
products to consumers; and

15. "Unreasonably impracticable" means that the measures
necessary to comply with the regulations require such a high
investment of risk, money, time, or any other resource or asset that

the operation of a marihuana establishment is not worthy of being
carried out in practice by a reasonably prudent businessperson.

SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-113 of Title 63, unless there
is created a duplication in numbering, reads as follows:

Notwithstanding any other provision of law, except as otherwise
provided in this chapter, the following acts are not unlawful and
shall not be a criminal or civil offense under Oklahoma law or the
law of any political subdivision of Oklahoma or be a basis for
seizure or forfeiture of assets under Oklahoma law for persons
twenty-one (21) years of age or older:

1. Possessing, consuming, using, displaying, purchasing, or
transporting marihuana accessories or one ounce or less of
marihuana;

2. Possessing, growing, processing, or transporting no more
than five marihuana plants and possession of the marihuana produced
by the plants on the premises where the plants were grown;

3. Transferring one ounce or less of marihuana and up to six
immature marihuana plants to a person who is twenty-one (21) years
of age or older without remuneration; and

4. Assisting another person who is twenty-one (21) years of age
or older in any of the acts described in subsections 1 through 3 of
this section.

SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-114 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. It is unlawful for a person who is twenty-one (21) years of
age or older to cultivate marihuana plants in a manner that is
contrary to this section.

B. Marihuana plants may not be cultivated in a location where
the plants are subject to public view without the use of binoculars,
aircraft, or other optical aids.

C. A person who cultivates marihuana must take reasonable
precautions to ensure the plants are secure from unauthorized access
and access by a person less than twenty-one (21) years of age. For
purposes of illustration and not limitation, cultivating marihuana
in an enclosed, locked space that persons under twenty-one (21)
years of age do not possess a key to constitutes reasonable
precautions.

D. Marihuana cultivation may only occur on property lawfully in
possession of the cultivator or with the consent of the person in
lawful possession of the property.

E. A person who violates this section is guilty of a civil
violation punishable by a fine of up to Seven Hundred Fifty Dollars
($750.00).

SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-115 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. A person who is under twenty-one (21) years of age may not
present or offer to a marihuana establishment or the marihuana
establishment’s agent or employee any written or oral evidence of
age that is false, fraudulent, or not actually the minor’s own, for
the purpose of:

1. Purchasing, attempting to purchase, or otherwise procuring
or attempting to procure marihuana; or

2. Gaining access to a marihuana establishment.

B. A person who violates this section is guilty of a civil
violation punishable by a fine not less than Two Hundred Dollars
($200.00) and not more than Four Hundred Dollars ($400.00).

SECTION 5. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-116 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. Notwithstanding any other provision of law, it is not
unlawful and shall not be an offense under Oklahoma law or the law
of any political subdivision of Oklahoma or be a basis for seizure
or forfeiture of assets under Oklahoma law for persons twenty-one
(21) years of age or older to manufacture, possess, or purchase
marihuana accessories, or to distribute or sell marihuana

accessories to a person who is twenty-one (21) years of age or
older.

B. A person who is twenty-one (21) years of age or older is
authorized to manufacture, possess, and purchase marihuana
accessories, and to distribute or sell marihuana accessories to a
person who is twenty-one (21) years of age or older.

SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-117 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. Notwithstanding any other provision of law, the following
acts, when performed by a retail marihuana store with a current,
valid registration, or a person twenty-one (21) years of age or
older who is acting in his or her capacity as an owner, employee, or
agent of a retail marihuana store, are not unlawful and shall not be
an offense under Oklahoma law or be a basis for seizure or
forfeiture of assets under Oklahoma law:

1. Possessing, displaying, storing, or transporting marihuana
or marihuana products, provided that marihuana and marihuana
products may not be displayed in a manner that is visible to the
general public from a public right-of-way;

2. Purchasing marihuana from a marihuana cultivation facility;

3. Purchasing marihuana or marihuana products from a marihuana
product manufacturing facility; and

4. Delivering, distributing, or selling marihuana or marihuana
products to consumers.

B. Notwithstanding any other provision of law, the following
acts, when performed by a marihuana cultivation facility with a
current, valid registration, or a person twenty-one (21) years of
age or older who is acting in his or her capacity as an owner,
employee, or agent of a marihuana cultivation facility, are not
unlawful and shall not be an offense under Oklahoma law or be a
basis for seizure or forfeiture of assets under Oklahoma law:

1. Cultivating, harvesting, processing, packaging,
transporting, displaying, storing, or possessing marihuana;

2. Delivering or transferring marihuana to a marihuana testing
facility;

3. Delivering, distributing, or selling marihuana to a
marihuana cultivation facility, a marihuana product manufacturing
facility, or a retail marihuana store;

4. Receiving or purchasing marihuana from a marihuana
cultivation facility; and

5. Receiving marihuana seeds or immature marihuana plants from
a person twenty-one (21) years of age or older.

C. Notwithstanding any other provision of law, the following
acts, when performed by a product manufacturing facility with a
current, valid registration, or a person twenty-one (21) years of
age or older who is acting in his or her capacity as an owner,

employee, or agent of a product manufacturing facility, are not
unlawful and shall not be an offense under Oklahoma law or be a
basis for seizure or forfeiture of assets under Oklahoma law:

1. Packaging, processing, transporting, manufacturing,
displaying, or possessing marihuana or marihuana products;

2. Delivering or transferring marihuana or marihuana products
to a marihuana testing facility;

3. Delivering or selling marihuana or marihuana products to a
retail marihuana store or a marihuana product manufacturing
facility;

4. Purchasing marihuana from a marihuana cultivation facility;

5. Purchasing marihuana or marihuana products from a marihuana
product manufacturing facility; and

6. Leasing or otherwise allowing the use of property owned,
occupied, or controlled by any person, corporation, or other entity
for any of the activities conducted lawfully in accordance with
subsections A through C of this section.

D. Notwithstanding any other provision of law, the following
acts, when performed by a marihuana testing facility with a current,
valid registration, or a person twenty-one (21) years of age or
older who is acting in his or her capacity as an owner, employee, or
agent of a marihuana testing facility, are not unlawful and shall
not be an offense under Oklahoma law or be a basis for seizure or
forfeiture of assets under Oklahoma law:

1. Possessing, cultivating, processing, repackaging, storing,
transporting, or displaying marihuana;

2. Receiving marihuana from a marihuana cultivation facility, a
marihuana retail store, a marihuana products manufacturer, or a
person twenty-one (21) years of age or older;

3. Returning marihuana to a marihuana cultivation facility,
marihuana retail store, marihuana products manufacturer, or a person
twenty-one (21) years of age or older; and

4. Leasing or otherwise allowing the use of property owned,
occupied, or controlled by any person, corporation, or other entity
for any of the activities conducted lawfully in accordance with
subsections A through C of this section.

E. Nothing in this section prevents the imposition of penalties
for violating this section or administrative rules or ordinances
adopted by the State Board of Health or municipalities pursuant to
this act.

SECTION 7. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-118 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. Not later than one hundred eighty (180) days after the
effective date of this act, the State Board of Health shall adopt
rules necessary for implementation of this act. Such rules shall
not prohibit the operation of marihuana establishments, either

expressly or through rules that make their operation unreasonably
impracticable. Such rules shall specify:

1. Procedures for the issuance, renewal, suspension, and
revocation of a registration to operate a marihuana establishment,
with such procedures subject to all requirements of the
Administrative Procedures Act;

2. A schedule of application, registration, and renewal fees,
provided, application fees shall not exceed Five Thousand Dollars
($5,000.00), with this upper limit adjusted annually for inflation,
unless the State Department of Health determines a greater fee is
necessary to carry out its responsibilities under this chapter;

3. Qualifications for registration that are directly and
demonstrably related to the operation of a marihuana establishment;

4. Security requirements for marihuana establishments,
including for the transportation of marihuana by marihuana
establishments;

5. Requirements to prevent the sale or diversion of marihuana
and marihuana products to persons under the age of twenty-one (21);

6. Labeling requirements for marihuana and marihuana products
sold or distributed by a marihuana establishment;

7. Health and safety regulations and standards for the
manufacture of marihuana products and both the indoor and outdoor
cultivation of marihuana by marihuana establishments;

8. Restrictions on the advertising and display of marihuana and
marihuana products;

9. Civil penalties for the failure to comply with regulations
made pursuant to this chapter; and

10. Procedures for collecting taxes levied on marihuana
cultivation facilities.

B. In order to ensure that individual privacy is protected, the
Department shall not require a consumer to provide a retail
marihuana store with personal information other than government-
issued identification to determine the consumer’s age, and a retail
marihuana store shall not be required to acquire and record personal
information about consumers.

SECTION 8. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-119 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. Each application or renewal application for an annual
registration to operate a marihuana establishment shall be submitted
to the State Department of Health. A renewal application may be
submitted up to 90 days prior to the expiration of the marihuana
establishment’s registration.

B. The Department shall begin accepting and processing
applications to operate marihuana establishments one (1) year after
the effective date of this act.

C. Upon receiving an application or renewal application for a
marihuana establishment, the Department shall immediately forward a
copy of each application and half of the registration application
fee to the local regulatory authority for the locality in which the
applicant desires to operate the marihuana establishment, unless the
locality has not designated a local regulatory authority.

D. Within forty-five (45) to ninety (90) days after receiving
an application or renewal application, the Department shall issue an
annual registration to the applicant, unless the Department finds
the applicant is not in compliance with rules enacted pursuant to
this act or the Department is notified by the relevant locality that
the applicant is not in compliance with municipal ordinances and
administrative rules made pursuant to this act in effect at the time
of application.

E. If a locality has enacted a numerical limit on the number of
marihuana establishments and a greater number of applicants seek
registrations, the Department shall solicit and consider input from
the local regulatory authority as to the locality’s preference or
preferences for registration.

F. Upon denial of an application, the Department shall notify
the applicant in writing of the specific reason for its denial.

G. Every marihuana establishment registration shall specify the
location where the marihuana establishment will operate. A separate

registration shall be required for each location at which a
marihuana establishment operates.

H. Marihuana establishments and the financial records
maintained and created by marihuana establishments are subject to
inspection by the Department.

SECTION 9. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-120 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. Nothing in this chapter is intended to require an employer
to permit or accommodate the use, consumption, possession, transfer,
display, transportation, sale, or growing of marihuana in the
workplace or to affect the ability of employers to have policies
restricting the use of marihuana by employees or discipline
employees who are under the influence of marihuana in the workplace.

B. Nothing in this chapter shall be construed to allow driving
under the influence of marihuana or driving while impaired by
marihuana or to supersede laws related to driving under the
influence of marihuana or driving while impaired by marihuana.

C. Nothing in this act shall be construed to permit the
transfer of marihuana, with or without remuneration, to a person
under the age of twenty-one (21) or to allow a person under the age
of twenty-one (21) to purchase, possess, use, transport, grow, or
consume marihuana.

D. Nothing in this act shall prohibit a person, employer,
school, hospital, detention facility, corporation, or any other
entity who occupies, owns, or controls a property from prohibiting
or otherwise regulating the possession, consumption, use, display,
transfer, distribution, sale, transportation, or growing of
marihuana on or in that property.

SECTION 10. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-121 of Title 63, unless there
is created a duplication in numbering, reads as follows:

Scientific and medical researchers who have previously published
may purchase, possess, and securely store marihuana for purposes of
conducting research. Scientific and medical researchers may
administer and distribute marihuana to participants in research who
are 21 years of age or older after receiving informed consent from
the subjects.

SECTION 11. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-122 of Title 63, unless there
is created a duplication in numbering, reads as follows:

There is hereby created in the State Treasury a revolving fund
for the State Department of Health, to be designated the "Marihuana
Legalization Revolving Fund". The fund shall be a continuing fund,
not subject to fiscal year limitations, and shall consist of all
monies deposited to the credit of the fund by law. All monies
accruing to the credit of the fund are hereby appropriated and may

be budgeted and expended by the State Department of Health for
purposes of this act. Expenditures from the fund shall be made upon
warrants issued by the State Treasurer against claims filed as
prescribed by law with the Director of the Office of Management and
Enterprise Services for approval and payment.

SECTION 12. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-123 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. Revenues generated in excess of the amount needed to
implement and enforce this act by the marihuana excise tax shall be
distributed every three (3) months as follows:

1. Thirty percent (30%) shall be distributed to the State
Department of Education;

2. Ten percent (10%) shall be distributed to the State
Department of Health for use in voluntary programs for the treatment
of alcohol, tobacco, and marihuana abuse;

3. Ten percent (10%) shall be distributed to the State
Department of Health for a scientifically and medically accurate
public education campaign educating youth and adults about the
health and safety risks of alcohol, tobacco, and marihuana; and

4. Fifty percent (50%) shall be distributed to the General
Revenue Fund.

SECTION 13. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-124 of Title 63, unless there
is created a duplication in numbering, reads as follows:

A. Possession of one (1) ounce or less of marihuana by a person
under the age of twenty-one (21) is a civil offense punishable by
forfeiture of the marihuana and completion of up to four (4) hours
of instruction in a drug awareness program. The parents or legal
guardian of any offender under the age of eighteen (18) shall be
notified of the offense and of available drug awareness programs,
which shall be established by the State Department of Health. The
State Department of Health shall set fees for the program sufficient
to cover all costs of administering the program, which shall not
exceed Three Hundred Dollars ($300.00). If an offender fails within
one year of such notice of the offense and available programs to
complete a drug awareness program, a civil penalty of up to Three
Hundred Dollars ($300.00), up to forty (40) hours of community
service, or both may be imposed.

B. The possession, cultivation, harvest, display, distribution,
packaging, processing, purchase, transportation, transfer, delivery,
sale, storage, and consumption of marihuana as provided for in this
act shall not constitute a violation of any existing statutes which
may be in conflict with the provisions of this act. All provisions
of this act are severable and shall supersede conflicting statutes,
municipal ordinances, or other state and local laws, rules,

ordinances, or any other restriction on the possession, cultivation,
harvest, display, distribution, packaging, processing, purchase,
transportation, transfer, delivery, sale, storage, and consumption
of marihuana as provided in this act.

SECTION 14. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 55005 of Title 68, unless there
is created a duplication in numbering, reads as follows:

A. An excise tax is hereby imposed on the sale or transfer of
marihuana from a marihuana cultivation facility to a retail
marihuana store or marihuana product manufacturing facility. Each
marihuana cultivation facility shall pay an excise tax at the rate
of Fifty Dollars ($50.00) per ounce, or proportionate part thereof,
on marihuana that is sold or transferred from a marihuana
cultivation facility to a retail marihuana store or marihuana
product manufacturing facility.

B. The Oklahoma Tax Commission may adjust the rate annually to
account for inflation or deflation based on the Consumer Price
Index.

C. On the fifteenth day of each month, every marihuana
cultivation facility shall pay the excise taxes due on the marihuana
that the marihuana cultivation facility transferred or sold in the
prior calendar month.

SECTION 15. This act shall become effective November 1, 2014.

54-2-2958 JAM 1/16/2014 7:35:05 PM

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