Section 426.1 - [Multiple versions] Licensure revocation hearings to be recorded - Sharing information with law enforcement - Sharing information with political subdivisions - Certificate of compliance with political subdivisionA. All licensure revocation hearings conducted pursuant to marijuana licenses established in the Oklahoma Statutes shall be recorded. A party may request a copy of the recording of the proceedings. Copies shall be provided to local law enforcement if the revocation was based on alleged criminal activity.B. The Oklahoma Medical Marijuana Authority shall assist any law enforcement officer in the performance of his or her duties upon such request by the law enforcement officer or the request of other local officials having jurisdiction. Except for license information concerning licensed patients, as defined in Section 427.2 of this title, the Authority shall share information with law enforcement agencies upon request without a subpoena or search warrant.C. The Authority shall make available all information on whether a medical marijuana patient or caregiver license is valid to law enforcement electronically through an online verification system.D. The Authority shall make available to state agencies and political subdivisions a list of marijuana-licensed premises, medical marijuana businesses or any other premises where marijuana or its by-products are licensed to be cultivated, grown, processed, stored or manufactured to aid state agencies and county and municipal governments in identifying locations within their jurisdiction and ensuring compliance with applicable laws, rules and regulations.E.1. Any marijuana-licensed premises, medical marijuana business or any other premises where marijuana or its by-products are licensed to be cultivated, grown, processed, stored or manufactured shall submit with its application or request to change location, after notifying the political subdivision of its intent, a certificate of occupancy from the political subdivision or State Fire Marshal where the facility of the applicant or licensee is to be located certifying compliance with zoning classifications, applicable municipal ordinances and all applicable safety, electrical, fire, plumbing, waste, construction and building specification codes. If the political subdivision does not have an authority having a jurisdiction agreement on file with the Office of the State Fire Marshal, the State Fire Marshal shall certify compliance with all applicable safety, electrical, fire, plumbing, waste, construction, and building specification codes.2. Beginning on May 28, 2021, upon the initial request for renewal or transfer of a retail marijuana dispensary license, a municipal government may object to the continued licensure of the medical marijuana dispensary if the municipal government determines it is operating contrary to the required setback distance from a school including the error in measurement allowance authorized by Section 425 of this title.3. To prevent the granting of the grandfather provisions of Section 425 of this title as a matter of law, the municipal government shall provide the following documentation prior to the initial renewal or transfer of a license: a. a municipal resolution finding that the marijuana dispensary is located within the prohibited setback distance from a school that was openly in existence in such a way that the public generally would have known of the school's existence and operation in that location prior to the original marijuana dispensary being licensed. For purposes of this subparagraph, "openly in existence" means any building, location or structure on a school site that has visible outward markings indicating the building, location or structure was operating as a school which would serve as sufficient notice of the existence of the school or a reason for further inquiry on the part of the marijuana dispensary license applicant. Openly in existence shall not mean any school that operated secretly or discreetly without any signs or other markings on any building, location or structure on the school site, undeveloped land or a structure owned by a school that was not openly used and marked as a school site, or any school site that was established after the marijuana dispensary had been established and licensed by the Authority, andb. documentation of the measured distance from the school to the marijuana dispensary utilizing the method for determining the setback distance less any allowable error in measurement calculated and remeasured on and after the effective date of this act as authorized by Section 425 of this title.4. Prior to initial renewal or transfer of a license and upon receipt of documentation required by paragraph 3 of this subsection, if the Authority determines that the medical marijuana dispensary is operating contrary to the required setback distance from a school including the error in measurement allowance authorized by Section 425 of this title, the Authority may deny the renewal or transfer of the medical marijuana dispensary license and shall cause the license to be revoked.5. For purposes of this subsection, "school" means the same as defined in Section 427.2 of this title. Once a certificate of occupancy has been submitted to the Oklahoma Medical Marijuana Authority showing full compliance as outlined in this subsection, the licensee shall only need to submit an affidavit for license renewal stating the premises continues to comply with zoning classifications, applicable municipal ordinances, and all applicable safety, electrical, fire, plumbing, waste, construction, and building specification codes. An additional certificate of occupancy along with an affidavit shall be submitted if a change of use or occupancy occurs, or there is any change concerning the facility or location that would, by law, require additional inspection, licensure or permitting by the state or municipality. Municipalities or the State Fire Marshal may implement an inspection program to verify compliance with this subsection. The Authority shall promulgate the rules necessary for the affidavit provided in this subsection. If an application for renewal is submitted in violation of the provisions of this subsection or information provided on the affidavit is inaccurate or untrue, the Authority shall suspend operations of the licensee's premises until compliance is reestablished. All existing medical marijuana business licensees and registrants that do not possess a valid certificate of occupancy, where required, shall be subject to revocation until such time as a valid certificate of occupancy is obtained for all applicable structures. This provision shall not apply to medical marijuana business licensees and registrants who submitted a full and complete application for a valid certificate of occupancy to the State Fire Marshal or political subdivision with an authority having a jurisdiction agreement on file with the State Fire Marshal before February 1, 2024, and while the same application remains under review by the State Fire Marshal or political subdivision. Medical marijuana business licensees and registrants are responsible for compliance with applicable state fire, building, and electrical codes and may be liable for all damage that results from noncompliance with state fire, building, and electrical codes to the extent authorized by law.
Okla. Stat. tit. 63, § 426.1
Amended by Laws 2024, c. 447,s. 2, eff. 6/14/2024.Amended without change by Laws 2024, c. 182,s. 15, eff. 4/26/2024.Amended by Laws 2024, c. 182,s. 14, eff. 4/26/2024.Amended by Laws 2021 , c. 584, § 3, emerg. eff. 5/28/2021. Editorially renumbered from § 427 of this title to avoid a duplication in numbering.Added by Laws 2019 , c. 509, § 4.Editorially renumbered from § 427 of this title to avoid a duplication in numbering.
This section is set out more than once due to postponed, multiple, or conflicting amendments.