Okla. Stat. tit. 63, § 63-427.3

Duties.

A. There is hereby created the Oklahoma Medical Marijuana

Authority which shall address issues related to the medical

marijuana program in this state including, but not limited to, the

issuance of patient licenses and medical marijuana business

licenses, and the dispensing, cultivating, processing, testing,

transporting, storage, research, and the use of and sale of medical

marijuana pursuant to the Oklahoma Medical Marijuana and Patient

Protection Act.

B. 1. Beginning on the effective date of this act, the

Authority shall cease to be part of or a division of the State

Department of Health and shall be deemed to be a separate and

distinct agency, to be known as the Oklahoma Medical Marijuana

Authority. The Authority and the Executive Director of the

Authority shall continue to exercise their statutory powers, duties,

and contractual responsibilities. All records, property, equipment,

assets, monies, financial interests, liabilities, matters pending,

and funds of the division shall be transferred to the Authority.

2. All licenses granted by the Department pertaining to medical

marijuana shall maintain rights and privileges under the authority

of the Authority; provided, however, that all licenses shall be

subject to revocation, suspension, or disciplinary action for

violation of any of the provisions of the Oklahoma Medical Marijuana

and Patient Protection Act and rules promulgated by the Executive

Director.

3. The Authority shall succeed to any contractual rights or

responsibilities incurred by the Department pertaining to medical

marijuana.

4. Rules promulgated by the State Commissioner of Health

pertaining to medical marijuana that are in effect on the effective

date of this act shall be immediately adopted and enforced by the

Executive Director. The Executive Director maintains the authority

to further promulgate and enforce rules.

5. The Department and the Authority may enter into an agreement

for the transfer of personnel from the Department to the Authority.

No employee shall be transferred to the Authority except on the

freely given written consent of the employee. All employees who are

transferred to the Authority shall not be required to accept a

lesser grade or salary than presently received. All employees shall

retain leave, sick, and annual time earned, and any retirement and

longevity benefits which have accrued during their tenure with the

Department. The transfer of personnel between the state agencies

shall be coordinated with the Office of Management and Enterprise

Services.

6. The expenses incurred by the Authority as a result of the

transfer required by this subsection shall be paid by the Authority.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1132

7. The division within the Department known as the Oklahoma

Medical Marijuana Authority shall be abolished by the Department

after the transfer has been completed.

8. The Office of Management and Enterprise Services shall

coordinate the transfer of records, property, equipment, assets,

funds, allotments, purchase orders, liabilities, outstanding

financial obligations, or encumbrances provided for in this

subsection.

C. The Authority shall implement the provisions of the Oklahoma

Medical Marijuana and Patient Protection Act consistently with the

voter-approved State Question No. 788, Initiative Petition No. 412,

subject to the provisions of the Oklahoma Medical Marijuana and

Patient Protection Act.

D. The Authority shall exercise its respective powers and

perform its respective duties and functions as specified in the

Oklahoma Medical Marijuana and Patient Protection Act and this title

including, but not limited to, the following:

1. Determine steps the state shall take, whether administrative

or legislative in nature, to ensure that research on marijuana and

marijuana products is being conducted for public purposes including

the advancement of:
form its respective duties and functions as specified in the

Oklahoma Medical Marijuana and Patient Protection Act and this title

including, but not limited to, the following:

1. Determine steps the state shall take, whether administrative

or legislative in nature, to ensure that research on marijuana and

marijuana products is being conducted for public purposes including

the advancement of:

a. public health policy and public safety policy,

b. agronomic and horticultural best practices, and

c. medical and pharmacopoeia best practices;

2. Contract with third-party vendors and other governmental

entities in order to carry out the respective duties and functions

as specified in the Oklahoma Medical Marijuana and Patient

Protection Act;

3. Upon complaint or upon its own motion and upon a completed

investigation, levy fines as prescribed in applicable laws, rules

and regulations and suspend, revoke or not renew licenses pursuant

to applicable laws, rules and regulations;

4. Issue subpoenas for the appearance or production of persons,

records and things in connection with disciplinary or contested

cases considered by the Authority;

5. Apply for injunctive or declaratory relief to enforce the

provisions of applicable laws, rules and regulations;

6. Inspect and examine all licensed premises of medical

marijuana businesses, research facilities, education facilities and

waste disposal facilities in which medical marijuana is cultivated,

manufactured, sold, stored, transported, tested, distributed or

disposed of;

7. Upon action by the federal government by which the

production, sale, and use of marijuana in this state does not

violate federal law, work with the Banking Department and the State

Treasurer to develop good practices and standards for banking and

finance for medical marijuana businesses;

Oklahoma Statutes - Title 63. Public Health and Safety Page 1133

8. Establish internal control procedures for licenses including

accounting procedures, reporting procedures, and personnel policies;

9. Establish a fee schedule and collect fees for performing

background checks as the Executive Director deems appropriate. The

fees charged pursuant to this paragraph shall not exceed the actual

cost incurred for each background check;

10. Establish a fee schedule and collect fees for material

changes requested by the licensee;

11. Establish regulations, which require a medical marijuana

business to submit information to the Authority, deemed reasonably

necessary to assist the Authority in the prevention of diversion of

medical marijuana by a licensed medical marijuana business. Such

information required by the Authority may include, but shall not be

limited to:

a. the square footage of the licensed premises,

b. a diagram of the licensed premises,

c. the number and type of lights at the licensed medical

marijuana commercial grower business,

d. the number, type, and production capacity of equipment

located at the medical marijuana processing facility,

e. the names, addresses, and telephone numbers of

employees or agents of a medical marijuana business,

f. employment manuals and standard operating procedures

for the medical marijuana business, and

g. any other information as the Authority reasonably

deems necessary;

12. Declare and establish a moratorium on processing and

issuing new medical marijuana business licenses pursuant to Section

427.14 of this title for an amount of time the Authority deems

necessary;

13. Enter into and negotiate the terms of a Memorandum of

Understanding between the Authority and other state agencies

concerning the enforcement of laws regulating medical marijuana in

this state. The Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Oklahoma State Bureau of Investigation, and the

Oklahoma Attorney General shall have full authority to investigate

and enforce any violations of the laws regarding medical marijuana
Understanding between the Authority and other state agencies

concerning the enforcement of laws regulating medical marijuana in

this state. The Oklahoma State Bureau of Narcotics and Dangerous

Drugs Control, the Oklahoma State Bureau of Investigation, and the

Oklahoma Attorney General shall have full authority to investigate

and enforce any violations of the laws regarding medical marijuana

including medical marijuana business licenses held by commercial

growers, processors, transporters, researchers, education

facilities, and waste disposal facilities;

14. Purchase and maintain motor vehicles for use by the

employees of the Authority; and

15. Enter into contracts and agreements for the payment of

food, lodging, and other authorized expenses as may be necessary to

host, conduct, sponsor, or participate in conferences, meetings, or

training sessions. The Authority may establish accounts as

necessary for the collection and distribution of funds, including

Oklahoma Statutes - Title 63. Public Health and Safety Page 1134

funds of sponsors and registration fees, related to such

conferences, meetings, and training sessions. Any expenses incurred

may be paid directly to the contracting agency or business

establishment.