Okla. Stat. tit. 2, § 2-3-403
This is the official text of Okla. Stat. tit. 2, § 2-3-403, part of Oklahoma’s Stat. tit. 2, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 2,." Browse the sections below, each linked to its official government source.
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Licensee authorization – Exemption from criminal
Official statutory text
liability.
Oklahoma Statutes - Title 2. Agriculture Page 155
A. 1. A licensee is authorized to engage in the growth,
cultivation, handling or processing of industrial hemp and may
remediate noncompliant industrial hemp with a total delta-9
tetrahydrocannabinol concentration of not more than one percent
(1.0%) on a dry-weight basis and prepare 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, or all or part of the product is disposed of in the
process of remediation so that only a compliant product (with a
total delta-9 tetrahydrocannabinol concentration of not more than
three-tenths of one percent (0.3%) on a dry-weight basis) is left,
or all disposable waste is destroyed following a remediation
process. Upon a sample collection verifying a compliant delta-9
tetrahydrocannabinol concentration, the licensee shall harvest
within thirty (30) days of sample collection.
2. Remediation shall occur on the facility of the licensee.
Noncompliant industrial hemp shall not leave such facility until a
compliant test is conducted by the Department or a lab approved by
the Department. Retesting of any noncompliant industrial hemp shall
be done within sixty (60) days post-harvest. Within seven (7) days
of receiving notice of a measured tetrahydrocannabinol concentration
that exceeds the acceptable hemp tetrahydrocannabinol level but is
less than one percent (1.0%), the licensed grower shall consent to
the destruction of all cannabis from that lot, or he or she may
request remediation and a post-harvest retest in a homogenized form
in accordance with the procedures established by the State Board of
Agriculture. A measured tetrahydrocannabinol concentration that
exceeds one percent (1.0%) shall require the licensed grower to
properly dispose of all cannabis from that lot. The retest fee
shall be paid in an amount established by the State Board of
Agriculture. Samples with a measured tetrahydrocannabinol
concentration of one percent (1.0%) or greater shall not be eligible
for a post-harvest retest or remediation and shall be destroyed.
3. Licensees may sell industrial hemp grain and other
industrial hemp derivatives that are either grown or processed in
this state, that do not include the flower, for the purpose of
livestock feed and other animal consumption in this state if the
licensee meets the requirements for compliant hemp with a total
delta-9 tetrahydrocannabinol concentration not more than three-
tenths of one percent (0.3%).
B. The activities performed under the Oklahoma Industrial Hemp
Program shall not subject the persons participating in the program
to criminal liability under the Uniform Controlled Dangerous
Substances Act. The exemption from criminal liability provided for
in this subsection is a limited exemption that shall be strictly
Oklahoma Statutes - Title 2. Agriculture Page 156
construed and shall not apply to an activity that is not expressly
permitted under the Oklahoma Industrial Hemp Program.
Oklahoma Statutes - Title 2. Agriculture Page 155
A. 1. A licensee is authorized to engage in the growth,
cultivation, handling or processing of industrial hemp and may
remediate noncompliant industrial hemp with a total delta-9
tetrahydrocannabinol concentration of not more than one percent
(1.0%) on a dry-weight basis and prepare 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, or all or part of the product is disposed of in the
process of remediation so that only a compliant product (with a
total delta-9 tetrahydrocannabinol concentration of not more than
three-tenths of one percent (0.3%) on a dry-weight basis) is left,
or all disposable waste is destroyed following a remediation
process. Upon a sample collection verifying a compliant delta-9
tetrahydrocannabinol concentration, the licensee shall harvest
within thirty (30) days of sample collection.
2. Remediation shall occur on the facility of the licensee.
Noncompliant industrial hemp shall not leave such facility until a
compliant test is conducted by the Department or a lab approved by
the Department. Retesting of any noncompliant industrial hemp shall
be done within sixty (60) days post-harvest. Within seven (7) days
of receiving notice of a measured tetrahydrocannabinol concentration
that exceeds the acceptable hemp tetrahydrocannabinol level but is
less than one percent (1.0%), the licensed grower shall consent to
the destruction of all cannabis from that lot, or he or she may
request remediation and a post-harvest retest in a homogenized form
in accordance with the procedures established by the State Board of
Agriculture. A measured tetrahydrocannabinol concentration that
exceeds one percent (1.0%) shall require the licensed grower to
properly dispose of all cannabis from that lot. The retest fee
shall be paid in an amount established by the State Board of
Agriculture. Samples with a measured tetrahydrocannabinol
concentration of one percent (1.0%) or greater shall not be eligible
for a post-harvest retest or remediation and shall be destroyed.
3. Licensees may sell industrial hemp grain and other
industrial hemp derivatives that are either grown or processed in
this state, that do not include the flower, for the purpose of
livestock feed and other animal consumption in this state if the
licensee meets the requirements for compliant hemp with a total
delta-9 tetrahydrocannabinol concentration not more than three-
tenths of one percent (0.3%).
B. The activities performed under the Oklahoma Industrial Hemp
Program shall not subject the persons participating in the program
to criminal liability under the Uniform Controlled Dangerous
Substances Act. The exemption from criminal liability provided for
in this subsection is a limited exemption that shall be strictly
Oklahoma Statutes - Title 2. Agriculture Page 156
construed and shall not apply to an activity that is not expressly
permitted under the Oklahoma Industrial Hemp Program.
Status: in_force · Read it on the official government site
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