Okla. Stat. tit. 63, § 63-427.17v2

Requirements.

A. There is hereby created a medical marijuana testing

laboratory license as a category of the medical marijuana business

license. The Oklahoma Medical Marijuana Authority, the Oklahoma

State Bureau of Narcotics and Dangerous Drugs Control, the Oklahoma

State Bureau of Investigation, and the Attorney General are hereby

enabled to monitor, inspect and audit a licensed testing laboratory

under the Oklahoma Medical Marijuana and Patient Protection Act.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1181

B. The Authority is hereby authorized to operate a quality

assurance laboratory or to contract with a private laboratory for

the purpose of conducting compliance testing of medical marijuana

testing laboratories licensed in this state. Any such laboratory

under contract for compliance testing shall be prohibited from

conducting any other commercial medical marijuana testing in this

state. If the Authority contracts with a private laboratory to

implement the requirements of this section:

1. The laboratory shall not employ, or be owned by, the

following:

a. any individual that has a direct or indirect interest

in a licensed medical marijuana business, or

b. any individual or his or her spouse, parent, child,

spouse of a child, sibling or spouse of a sibling that

has an application for a medical marijuana business

license pending before the Authority or is a member of

the board of directors of a medical marijuana

business, or is an individual financially interested

in any licensee or medical marijuana business located

within this state; and

2. The laboratory and a board or committee comprised of

licensed Oklahoma medical marijuana laboratories currently

accredited by the International Organization for Standardization

(ISO) shall provide to the Authority its recommendations for all

equipment and standards to be utilized by licensed medical marijuana

testing laboratories when testing samples of medical marijuana,

medical marijuana concentrate, and medical marijuana products as

well as standard operating procedures when extracting and testing

medical marijuana, medical marijuana concentrate, and medical

marijuana products. The recommendations shall be submitted to the

Authority no later than June 1, 2023. The Authority shall have

ninety (90) days from the date it receives the recommendations to

promulgate new rules or modify its current rules for laboratory

standards and testing. Beginning June 1, 2024, medical marijuana

testing laboratories renewing their medical marijuana business

license shall be subject to and comply with any new or modified

rules relating to the testing of medical marijuana, medical

marijuana concentrate, and medical marijuana products. The refusal

or failure of a medical marijuana testing laboratory licensee to

comply with new or modified rules relating to laboratory standards

and testing procedures promulgated under the provisions of this

paragraph shall result in the permanent revocation of the medical

marijuana testing laboratory license.

C. The Authority shall develop acceptable testing practices

including, but not limited to, testing, standards, quality control

analysis, equipment certification and calibration, and chemical

identification and substances used.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1182

D. A person who is a direct beneficial owner of a medical

marijuana dispensary, medical marijuana commercial grower or medical

marijuana processor shall not be an owner of a laboratory.

E. A laboratory and a laboratory applicant shall comply with

all applicable local ordinances including, but not limited to,

zoning, occupancy, licensing and building codes.

F. A separate license shall be required for each specific

laboratory.

G. A medical marijuana testing laboratory license may be issued

to a person who performs testing on medical marijuana and medical
ner of a laboratory.

E. A laboratory and a laboratory applicant shall comply with

all applicable local ordinances including, but not limited to,

zoning, occupancy, licensing and building codes.

F. A separate license shall be required for each specific

laboratory.

G. A medical marijuana testing laboratory license may be issued

to a person who performs testing on medical marijuana and medical

marijuana products for medical marijuana businesses, medical

marijuana research facilities, medical marijuana education

facilities, and testing on marijuana and marijuana products grown or

produced by a patient or caregiver on behalf of a patient, upon

verification of registration. A medical marijuana testing

laboratory may also conduct research related to the development and

improvement of its testing practices and procedures. No state-

approved medical marijuana testing facility shall operate unless a

medical laboratory director is on site during operational hours.

H. Laboratory applicants and licensees shall comply with the

application requirements of this section and shall submit such other

information as required for a medical marijuana business applicant,

in addition to any information the Authority may request for initial

approval and periodic evaluations during the approval period.

I. A medical marijuana testing laboratory may accept samples of

medical marijuana, medical marijuana concentrate or medical

marijuana product from a medical marijuana business, medical

marijuana research facility or medical marijuana education facility

for testing purposes only, which purposes may include the provision

of testing services for samples submitted by a medical marijuana

business for product development. The Authority may require a

medical marijuana business to submit a sample of medical marijuana,

medical marijuana concentrate or medical marijuana product to a

medical marijuana testing or quality assurance laboratory upon

demand.

J. A medical marijuana testing laboratory may accept samples of

medical marijuana, medical marijuana concentrate or medical

marijuana product from an individual person for testing only under

the following conditions:

1. The individual person is a patient or caregiver pursuant to

the Oklahoma Medical Marijuana and Patient Protection Act or is a

participant in an approved clinical or observational study conducted

by a research facility; and

2. The medical marijuana testing laboratory shall require the

patient or caregiver to produce a valid patient license and current

and valid photo identification.

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K. A medical marijuana testing laboratory may transfer samples

to another medical marijuana testing laboratory for testing. All

laboratory reports provided to or by a medical marijuana business or

to a patient or caregiver shall identify the medical marijuana

testing laboratory that actually conducted the test.

L. A medical marijuana testing laboratory may utilize a

licensed medical marijuana transporter to transport samples of

medical marijuana, medical marijuana concentrate and medical

marijuana product for testing, in accordance with the Oklahoma

Medical Marijuana and Patient Protection Act and the rules adopted

pursuant thereto, between the originating medical marijuana business

requesting testing services and the destination laboratory

performing testing services.

M. The medical marijuana testing laboratory shall establish

policies to prevent the existence of or appearance of undue

commercial, financial or other influences that may diminish the

competency, impartiality and integrity of the testing processes or

results of the laboratory, or that may diminish public confidence in

the competency, impartiality and integrity of the testing processes

or results of the laboratory. At a minimum, employees, owners or

agents of a medical marijuana testing laboratory who participate in
rcial, financial or other influences that may diminish the

competency, impartiality and integrity of the testing processes or

results of the laboratory, or that may diminish public confidence in

the competency, impartiality and integrity of the testing processes

or results of the laboratory. At a minimum, employees, owners or

agents of a medical marijuana testing laboratory who participate in

any aspect of the analysis and results of a sample are prohibited

from improperly influencing the testing process, improperly

manipulating data or improperly benefiting from any ongoing

financial, employment, personal or business relationship with the

medical marijuana business that provided the sample. A medical

marijuana testing laboratory shall not test samples for any medical

marijuana business in which an owner, employee or agent of the

medical marijuana testing laboratory has any form of ownership or

financial interest in the medical marijuana business.

N. The Authority, pursuant to rules promulgated by the

Executive Director of the Authority, shall develop standards,

policies and procedures as necessary for:

1. The cleanliness and orderliness of a laboratory premises and

the location of the laboratory in a secure location, and inspection,

cleaning and maintenance of any equipment or utensils used for the

analysis of test samples;

2. Testing procedures, testing standards for cannabinoid and

terpenoid potency and safe levels of contaminants, and remediation

procedures;

3. Controlled access areas for storage of medical marijuana and

medical marijuana product test samples, waste and reference

standards;

4. Records to be retained and computer systems to be utilized

by the laboratory;

5. The possession, storage and use by the laboratory of

reagents, solutions and reference standards;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1184

6. A certificate of analysis (COA) for each lot of reference

standard;

7. The transport and disposal of unused marijuana, marijuana

products and waste;

8. The mandatory use by a laboratory of an inventory tracking

system to ensure all harvest and production batches or samples

containing medical marijuana, medical marijuana concentrate or

medical marijuana products are identified and tracked from the point

they are transferred from a medical marijuana business, a patient or

a caregiver through the point of transfer, destruction or disposal.

The inventory tracking system reporting shall include the results of

any tests that are conducted on medical marijuana, medical marijuana

concentrate or medical marijuana product;

9. Standards of performance;

10. The employment of laboratory personnel;

11. A written standard operating procedure manual to be

maintained and updated by the laboratory;

12. The successful participation in a proficiency testing

program approved by the Executive Director for each testing category

listed in this section, in order to obtain and maintain

certification;

13. The establishment of and adherence to a quality assurance

and quality control program to ensure sufficient monitoring of

laboratory processes and quality of results reported;

14. The immediate recall of medical marijuana or medical

marijuana products that test above allowable thresholds or are

otherwise determined to be unsafe;

15. The establishment by the laboratory of a system to document

the complete chain of custody for samples from receipt through

disposal;

16. The establishment by the laboratory of a system to retain

and maintain all required records, including business records, and

processes to ensure results are reported in a timely and accurate

manner; and

17. Any other aspect of laboratory testing of medical marijuana

or medical marijuana product deemed necessary by the Executive

Director.

O. A medical marijuana testing laboratory shall promptly

provide the Authority or designee of the Authority access to a
tain all required records, including business records, and

processes to ensure results are reported in a timely and accurate

manner; and

17. Any other aspect of laboratory testing of medical marijuana

or medical marijuana product deemed necessary by the Executive

Director.

O. A medical marijuana testing laboratory shall promptly

provide the Authority or designee of the Authority access to a

report of a test and any underlying data that is conducted on a

sample at the request of a medical marijuana business or qualified

patient. A medical marijuana testing laboratory shall also provide

access to the Authority or designee of the Authority to laboratory

premises and to any material or information requested by the

Authority to determine compliance with the requirements of this

section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1185

P. A medical marijuana testing laboratory shall retain all

results of laboratory tests conducted on marijuana or products for a

period of at least seven (7) years and shall make them available to

the Authority upon request.

Q. A medical marijuana testing laboratory shall test samples

from each final product harvest batch or final product batch, as

appropriate, of medical marijuana, medical marijuana concentrate and

medical marijuana product for each of the following categories of

testing, consistent with standards developed by the Executive

Director:

1. Microbials;

2. Mycotoxins;

3. Residual solvents;

4. Pesticides;

5. Tetrahydrocannabinol (THC) and other cannabinoid potency;

6. Terpenoid type and concentration; and

7. Heavy metals.

R. A licensed medical marijuana testing laboratory shall test

each final product batch. A grower shall separate each harvest of

usable marijuana into final harvest batches containing no more than

fifteen (15) pounds, with the exception of any plant material to be

sold to a licensed processor for the purposes of turning the plant

material into concentrate which may be separated into final harvest

batches of no more than fifty (50) pounds. A processor shall

separate each medical marijuana production lot into final production

batches containing no more than four (4) liters of concentrate or

nine (9) pounds for nonliquid products, and for final edible

products, the Oklahoma Medical Marijuana Authority shall be

authorized to promulgate rules on final products as necessary.

Provided, however, the Authority shall not require testing of final

products less often than every one thousand (1,000) grams of THC.

As used in this subsection, “final edible products” shall include,

but not be limited to, cookies, brownies, candies, gummies,

beverages and chocolates.

S. Medical marijuana testing laboratory licensure shall be

contingent upon successful on-site inspection, successful

participation in proficiency testing and ongoing compliance with the

applicable requirements in this section.

T. A medical marijuana testing laboratory shall be inspected

prior to initial licensure and up to two (2) times per year

thereafter by an inspector approved by the Authority. The Authority

may enter the licensed premises of a testing laboratory to conduct

investigations and additional inspections when the Authority

believes an investigation or additional inspection is necessary due

to a possible violation of applicable laws, rules or regulations.

U. Medical marijuana testing laboratories shall obtain

accreditation by an accrediting body approved by the Executive

Oklahoma Statutes - Title 63. Public Health and Safety Page 1186

Director or the Authority's quality assurance laboratory within one
Authority

believes an investigation or additional inspection is necessary due

to a possible violation of applicable laws, rules or regulations.

U. Medical marijuana testing laboratories shall obtain

accreditation by an accrediting body approved by the Executive

Oklahoma Statutes - Title 63. Public Health and Safety Page 1186

Director or the Authority's quality assurance laboratory within one

(1) year of the date the initial license is issued. Renewal of any

medical marijuana testing laboratory license shall be contingent

upon accreditation in accordance with this subsection. All medical

marijuana testing laboratories shall obtain accreditation prior to

applying for and receiving a medical marijuana testing laboratory

license.

V. Unless authorized by the provisions of this section, a

commercial grower shall not transfer or sell medical marijuana and a

processor shall not transfer, sell or process into a concentrate or

product any medical marijuana, medical marijuana concentrate or

medical marijuana product unless samples from each final harvest

batch or final production batch from which that medical marijuana,

medical marijuana concentrate or medical marijuana product was

derived has been tested by a medical marijuana testing laboratory

and passed all contaminant tests required by the Oklahoma Medical

Marijuana and Patient Protection Act and applicable laws, rules and

regulations. A licensed commercial grower may transfer medical

marijuana that has failed testing to a licensed processor in

accordance with the provisions of the Oklahoma Medical Marijuana and

Patient Protection Act and the rules and regulations promulgated by

the Executive Director.

W. Kief shall not be transferred or sold except as authorized

in the rules and regulations promulgated by the Executive Director.

X. A licensed commercial grower or licensed processor shall not

transfer any product to a licensed medical marijuana dispensary

until the product has undergone final product testing. Laboratory

testing that meets all contaminant tests and applicable laws, rules,

and regulations required by the Oklahoma Medical Marijuana and

Patient Protection Act shall only be required when the final product

is completed and prior to transfer to a licensed medical marijuana

dispensary, licensed medical marijuana patient, or licensed medical

marijuana caregiver.