The 2023 Oklahoma legislative session is just weeks away from kicking off, and just as in recent years, there are plenty of medical marijuana bills filed for consideration. While these bills are still in their early stages and still far away from being passed and signed into law, there are a number of them worth keeping an eye on during this year’s session.
Although some of the bills filed are certainly for show or have reactionary intentions, a good portion of them are legitimate ideas that will at least make it to a House or Senate committee for consideration and revision before being put up for a vote. And in some cases, there are bills that are in direct conflict with one another.
Below is a brief summary of some of the more intriguing and impactful medical marijuana bills that have been filed for 2023. (Click on the bill’s number for more information).
Business-related medical marijuana bills
HB 1347: Directs the Medical Marijuana Authority to begin competitive bidding to solicit and implement a seed-to-sale inventory tracking system for marijuana businesses. Authored by Rep. Scott Fetgatter.
HB 1350: Creates temporary licenses for medical marijuana growers, dispensaries, processors and transporters to be acquired prior to full permanent licensure. Authored by Rep. Scott Fetgatter.
HB 1457: Excludes the growing, cultivating and producing of medical marijuana from agricultural activities and from being classified as farmland, as relating to exemptions to constituting nuisance. Authored by Rep. Kenton Patzkowsky.
HB 1892: Directing certain medical marijuana business licensees to pay an environmental cleanup fee. Authored by Rep. Josh Cantrell.
HB 2095: Prohibits commercial growers from knowingly hiring or employing undocumented immigrants to perform work inside a medical marijuana grow facility or anywhere on the property of the medical marijuana commercial grow operation. Authored by Rep. Jon Echols.
HB 2101: Allows an Oklahoma tax deduction equal to the amount of any deduction for business expenses incurred for licensed medical marijuana business activity within this state which was disallowed for the same tax year pursuant to specific IRS codes. Authored by Rep. Forrest Bennett.
SB 116: Prohibits any medical marijuana commercial grower from being located within 1,000 feet of a place of worship. Authored by Sen. David Bullard.
SB 133: Excludes marijuana production from agriculture sales tax exemptions. Authored by Sen. David Bullard.
SB 389: Provides for an income tax deduction to medical marijuana businesses unable to claim certain equivalent federal business tax benefits. Authored by Sen. Jessica Garvin.
SB 439: Requires physicians recommending medical marijuana to a patient to examine the patient in person, or certify that the patient is homebound, when a patient is a minor, the physician must have had them in care for a minimum of one year. Authored by Sen. Jessica Garvin.
SB 801: Allowing for municipalities to modify their planning or zoning procedures to determine or forbid medical marijuana business from operating in certain areas. Authored by Sen. Bill Coleman.
SB 1117: Providing income tax deduction for certain expenses of licensed medical marijuana business. Authored by Sen. Cody Rogers.
Patient-related medical marijuana bills
HB 2146: Authorizing the issuance of nonresident medical marijuana licenses. Authored by Rep. Kevin McDugle.
HB 2427: Modifying scope of certain definition to exclude “performing firefighting duties” from the list of safety-sensitive jobs. Authored by Rep. Stan May.
SB 501: Imposes a fine on any person who knowingly smokes tobacco or marijuana or uses a vapor product while in a motor vehicle with a minor. Authored by Sen. Jessica Garvin.
SB 1012: Directing a district board of education policy on school employee drug testing to include certain provision. Authored by Sen. Shane Jett.
Enforcement and compliance-related medical marijuana bills
HB 1615: Providing separate penalties for unlawfully possessing controlled dangerous substances. Authored by Rep. Rande Worthen.
HB 2797: Creates the “Medical Marijuana Law Local Government Enforcement Assistance Revolving Fund” for the purposes of assisting county law enforcement agencies with investigation of possible criminal or unauthorized activity in connection with medical marijuana cultivation, sale, distribution, and related activity. Authored by Rep. Preston Stinson.
SB 635: Oklahoma Industrial Hemp Program; requiring registration of hemp-derived ingestible cannabinoid product. Authored by Sen. Lonnie Paxton.
SB 660: Driving under the influence of marijuana; clarifying inclusions; modifying felony offenses. Authored by Sen. Cody Rogers.
Stay tuned in the spring for an update about these bills and other criminal justice-related legislation as well. Need to catch up on last year’s significant medical marijuana bills that were signed into law? Read our recap here.
Oklahoma’s leaders in cannabis law
Overman Legal Group is the preeminent firm in Oklahoma for cannabis law. Our experienced team is uniquely tuned in to this new and fast-moving industry and has represented and advised numerous clients since the first day it became legal.
If you are interested in starting a new cannabis business or have questions about your current one, our attorneys can provide you with the answers you need to make sure that you are in compliance with rapidly changing cannabis laws in Oklahoma like the ones above. Likewise, Overman Legal Group’s skilled commercial litigators will help you protect your business after organizing it in a way that best suits your particular needs.
Contact us today for a free consultation.
