OKLAHOMA CITY — Multiple measures to tighten regulation of medical marijuana facilities in Oklahoma have been filed this year in the Legislature.
A Senate bill, for example, would give municipalities a voice in whether to allow marijuana grow operations within their city limits.
Senate Bill 801 by Sen. Bill Coleman, R-Ponca City, would empower cities and towns to modify their standard planning and zoning procedures to allow or forbid certain zones or districts for operation of new marijuana-licensed premises, medical marijuana businesses or any other premises where marijuana or its byproducts are cultivated, grown, processed, stored or manufactured.
“This should be a decision left up to local authorities, as they have to deal with the increased crime, the odor and other factors, such as fires, that endanger not only other businesses but residents as well,” Coleman said.
He pointed to the Jan. 19 fire that destroyed the Kongfei Green LLC Marijuana Grow Facility in downtown Tonkawa. The building was a total loss, and residents who lived nearby were evacuated while other downtown businesses sheltered in place. Multiple agencies from surrounding areas pitched in to help extinguish the flames.
Under SB 801, any marijuana businesses licensed prior to Nov. 1, 2023, could continue to operate until they were no longer licensed by the Oklahoma Medical Marijuana Authority.
Keep MMJ operations away from churches
House Bill 1014 by Rep. Jim Olsen, R-Roland, would prohibit any new medical marijuana dispensary within 900 feet of “any place of worship.”
\MMJ dispensaries that were established prior to Nov. 1 and do not conform to the distance requirements proposed in the legislation – 900 feet is equivalent to the length of three football fields – would be allowed to continue operating in their current locations. Current state law prohibits dispensaries within 1,000 feet of any public or private school.
Similarly, Senate Bill 116 by Sen. David Bullard, R-Durant, would prohibit a new medical marijuana grow operation within 1,000 feet of “any place of worship” – which would include “property owned, used or operated by a place of worship” even if it is not used on a full-time basis for worship, “such as any administrative building, office space, or storage facility.”
MMJ farm workers need a green card
Employment of undocumented immigrants at a medical marijuana farm would be illegal, under House Bill 2095 by Majority Floor Leader Jon Echols, R-Oklahoma City. A violator could be incarcerated in a county jail for up to one year and/or fined $500, and the grower’s license could be revoked.
Water, electric use
will be monitored
House Bill 1711 by Rep. T.J. Marti, R-Broken Arrow, would require every existing licensed medical marijuana commercial grower to inform the retail supplier or electric cooperative that provides them with electricity of their status as a licensed medical marijuana commercial grower.
In addition, the Medical Marijuana Authority would be directed to develop rules and any necessary procedures for metering the usage of electricity and water by commercial marijuana growers that are not served by retail suppliers or electric cooperatives, including “the usage of well water and gas-powered generators.”
Further, a licensed medical marijuana commercial grower would be commanded to transmit monthly reports to the Oklahoma Medical Marijuana Authority of the amount of electricity and water the grower consumes. Refusal or failure to submit the required monthly usage reports or use of an unpermitted water source would be penalized with permanent revocation of the grower’s license.
An applicant for a MMJ grower or processor license would be required by Senate Bill 117 to secure a water use permit from the Oklahoma Water Resources Board prior to starting operation. In the alternative, an applicant grower or processor would be required to acquire an official statement of permission from the county, municipality or other political subdivision that would provide water if the grower or processor intends to use rural or municipal water.
SB 117 decrees that if such a business could not acquire a water permit within 90 days after applying, the OMMA would revoke the MMJ business license.
Sen. Micheal Bergstrom, R-Adair, is the author of SB 117.
Senate Bill 885 by Sen. George Burns, R-Pollard, would require electric utility and water suppliers to monitor and report to the Oklahoma Corporation Commission “suspicious usage data” from a customer engaging in a commercial medical marijuana operation.
The commission would review the usage data and refer it or its findings to the Oklahoma Medical Marijuana Authority, the Oklahoma Bureau of Narcotics and Dangerous Drugs Control or local law enforcement “for investigation.”
Anyone who misrepresented or fabricated data would be guilty of a felony crime and subject to a maximum fine of $10,000 and/or imprisonment for up to two years.
Growing marijuana not considered agricultural activity
Growing, cultivating or producing medical marijuana would not be considered agricultural activities if House Bill 1457 by Rep. Kenton Patzkowsky, R-Balko, becomes law. The bill also stipulates that farmland does not include “land or grow facilities devoted to” growing, producing or cultivating medical marijuana.
The growing, harvesting and processing of marijuana would not qualify for the agricultural sales tax exemption, under Senate Bill 133 by Sen. David Bullard.
Clean-up fee proposed
Commercial growers and processors would be required by House Bill 1892 to pay a $1,000 environmental clean-up fee to the OMMA each year.
The fee would be earmarked for expenses incurred by counties “in the investigation, evaluation, monitoring, testing, removal, containment, treatment, disposal, remediation, detoxification or neutralization of smoke, soot, fumes, acids, alkalis, toxic chemicals, asbestos, liquids or gases, waste materials or other irritants, contaminants or pollutants, as a direct result of a pollution incident caused by” a medical marijuana commercial grower or processor.
Rep. Josh Cantrell, R-Kingston, filed HB 1892.
Temporary licensing
House Bill 1350 would establish initial, temporary licensing for medical marijuana growers, processors, dispensaries and transporters.
A temporary license would be a conditional license and would not authorize the licensee to “conduct any sales of medical marijuana or marijuana products, the growing or processing of marijuana, or the transportation of any medical marijuana or marijuana products…”
Further, a temporary business license would not obligate the OMMA to issue a business license to the applicant. A temporary license would be valid for 180 days and would cost a non-refundable application fee of $1,000.
In addition, an applicant would be compelled to submit to the OMMA a forest of paperwork, including records of investments, loans and other financial information, “identification of all power sources for cultivation activities,” sources of water to be used to cultivate marijuana and proof of insurance, including general liability and workers’ compensation insurance.
The author of HB 1350 is Rep. Scott Fetgatter, R-Okmulgee, who filed 21 marijuana-related bills in 2019-22 and nine more this year.
Full disclosure
Any elected or appointed state, county or municipal official would be required by House Bill 1616 to disclose to the OMMA “any conflict of interest or ownership interest” in a medical marijuana business. Rep. Rande Worthen, R-Lawton, filed HB 1616.
Health issues
Senate Bill 437 by Sen. Jessica Garvin, R-Duncan, would direct the state Health Care Authority to create and maintain a registry of recommending physicians who prescribe medical marijuana for their patients. Any physician recommending the use of medical marijuana would have to be listed on the registry, starting Jan. 1, 2025.
Physicians on the registry would have to comply with the medical education and continuing medical education requirements promulgated by the OMMA. Additionally, the measure would require employees of a medical marijuana business to comply with the education and continuing education requirements promulgated by the Authority.
Senate Bill 501, also by Garvin, would authorize a fine of $50 to $100 for any person who knowingly smokes tobacco or marijuana or uses a vapor product in an automobile when a minor is present.