Okla. Stat. tit. 63, § 63-427.4

Director.

A. The Oklahoma Medical Marijuana Authority shall employ an

Executive Director and other personnel as necessary to assist the

Authority in carrying out its duties. The Executive Director shall

be appointed by the Governor, with the advice and consent of the

Senate. The Executive Director shall serve at the pleasure of the

Governor and may be removed or replaced without cause. Compensation

for the Executive Director shall be determined pursuant to Section

3601.2 of Title 74 of the Oklahoma Statutes.

B. The Authority shall not employ an individual if any of the

following circumstances exist:

1. The individual has a direct or indirect interest in a

licensed medical marijuana business; or

2. The individual or his or her spouse, parent, child, spouse

of a child, sibling, or spouse of a sibling 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.

C. All officers and employees of the Authority shall be in the

exempt unclassified service.

D. The Executive Director may delegate to any officer or

employee of the Authority any of the powers of the Executive

Director and may designate any officer or employee of the Authority

to perform any of the duties of the Executive Director.

E. The Executive Director may promulgate rules governing the

oversight and implementation of the Oklahoma Medical Marijuana and

Patient Protection Act.

F. The Authority is hereby authorized to create employment

positions necessary for the implementation of its obligations

pursuant to the Oklahoma Medical Marijuana and Patient Protection

Act including, but not limited to, investigators of the Authority

and a director of enforcement. The Authority, the director of

enforcement, the Executive Director, investigators of the Authority,

the Oklahoma State Bureau of Narcotics and Dangerous Drugs Control,

the Oklahoma State Bureau of Investigation, and the Attorney General

shall have all the powers and authority of a peace officer of this

state for the purpose of enforcing the provisions of the Oklahoma

Medical Marijuana and Patient Protection Act and other laws

pertaining to medical marijuana, rules promulgated by the Executive

Director, or criminal laws of this state. These powers shall

include but not be limited to:

1. Investigating violations or suspected violations of the

Oklahoma Medical Marijuana and Patient Protection Act or other laws

Oklahoma Statutes - Title 63. Public Health and Safety Page 1136

pertaining to medical marijuana, any rules promulgated pursuant

thereto, and any violations of criminal laws of this state

discovered through the course of such investigations;

2. Serving and executing all warrants, summonses, subpoenas,

administrative citations, notices or other processes relating to the

enforcement of laws regulating marijuana, concentrate, and marijuana

product;

3. Seizing, destroying, confiscating, embargoing, or placing an

administrative hold on any marijuana or marijuana product not

properly logged in the inventory tracking system or untraceable

product required to be in the system, altered or improperly

packaged, or illegally held in violation of the Oklahoma Medical

Marijuana and Patient Protection Act, any other laws of this state,

or any rules promulgated by the Executive Director;

4. Assisting or aiding any law enforcement officer in the

performance of his or her duties upon such law enforcement officer’s

request or the request of other local officials having jurisdiction;

5. Referring any evidence, reports, or charges regarding

violations of any provision of the Oklahoma Medical Marijuana and

Patient Protection Act that carries criminal penalty, or of any

other criminal laws of this state, to the appropriate law
icer in the

performance of his or her duties upon such law enforcement officer’s

request or the request of other local officials having jurisdiction;

5. Referring any evidence, reports, or charges regarding

violations of any provision of the Oklahoma Medical Marijuana and

Patient Protection Act that carries criminal penalty, or of any

other criminal laws of this state, to the appropriate law

enforcement authority and prosecutorial authority for action;

6. Aiding the enforcement authorities of this state or any

county or municipality of the state, or the federal government, in

prosecutions of violations of the Oklahoma Medical Marijuana and

Patient Protection Act or any other laws of this state that carry

criminal penalty involving crimes discovered during the

investigation of violations or suspected violations of the Oklahoma

Medical Marijuana and Patient Protection Act or other laws

pertaining to medical marijuana or any rules promulgated pursuant

thereto;

7. As provided in Section 427.6 of this title, requiring any

business applicant or licensee to permit an inspection of licensed

premises during business hours or at any time of apparent operation,

marijuana equipment, and marijuana accessories, or books and

records; and to permit the testing of or examination of medical

marijuana, concentrate, or product;

8. Requiring applicants and licensees to submit complete and

current applications, information and fees required by the Oklahoma

Medical Marijuana and Patient Protection Act, the Oklahoma Medical

Marijuana Waste Management Act and Sections 420 through 426.1 of

this title, and approve material changes made by the applicant or

licensee;

9. Requiring medical marijuana business licensees to submit a

sample or unit of medical marijuana or medical marijuana product to

the quality assurance laboratory when the Authority has reason to

believe the medical marijuana or medical marijuana product may be

Oklahoma Statutes - Title 63. Public Health and Safety Page 1137

unsafe for patient consumption or inhalation or has not been tested

in accordance with the provisions of the Oklahoma Medical Marijuana

and Patient Protection Act and the rules and regulations promulgated

by the Executive Director. The licensee shall provide the samples

or units of medical marijuana or medical marijuana products at its

own expense but shall not be responsible for the costs of testing;

and

10. Requiring medical marijuana business licensees to

periodically submit samples or units of medical marijuana or medical

marijuana products to the quality assurance laboratory for quality

assurance purposes. Licensed growers, processors, dispensaries and

transporters shall not be required to submit samples or units of

medical marijuana or medical marijuana products more than twice a

year. The licensee shall provide the samples or units of medical

marijuana or medical marijuana products at its own expense but shall

not be responsible for the costs of testing.

G. All investigators of the Authority shall meet all training

requirements and qualifications for peace officers as required by

Section 3311 et seq. of Title 70 of the Oklahoma Statutes.

H. During the course of an investigation, the Authority, as

provided by subsection F of this section, may arrest a violator or

suspected violator of any laws of this state committed in the

presence of the Authority or upon the development of probable cause

that such crime has been committed. The Authority as provided by

subsection F of this section may, upon request of a sheriff or

another peace officer of this state, or any political subdivision

thereof, assist in the apprehension and arrest of a violator or

suspected violator of any of the laws of this state.

I. The Executive Director may employ or contract with

attorneys, as needed, to advise the Authority on all legal matters

and to appear for and represent the Executive Director and the
pon request of a sheriff or

another peace officer of this state, or any political subdivision

thereof, assist in the apprehension and arrest of a violator or

suspected violator of any of the laws of this state.

I. The Executive Director may employ or contract with

attorneys, as needed, to advise the Authority on all legal matters

and to appear for and represent the Executive Director and the

Authority in all administrative hearings and all litigation or other

proceedings which may arise in the discharge of their duties. At

the request of the Executive Director, such attorneys shall assist

district attorneys in prosecuting charges of violators of the

Oklahoma Medical Marijuana and Patient Protection Act or any other

laws of this state that carry criminal penalty involving crimes

discovered during the investigation of violations or suspected

violations of the Oklahoma Medical Marijuana and Patient Protection

Act or other laws pertaining to medical marijuana or any rules

promulgated pursuant thereto.