NEW LAWS WHO DIS?
BY THE NUMBERS BREAKING NEWS!
MORE THAN 90 CANNABIS-RELATED BILLS WERE FILED AT THE BEGINNING OF THE SESSION, BUT AS LAWMAKERS WIND DOWN THEIR TIME AT THE CAPITOL, ONLY 20 REMAIN. Oklahoma Gov. Stitt signs new cannabis industry regulations with more on the way..
Trust Me!
I'm a Lawyer BY JADE PEBWORTH
Licensing Report Growers Processors Dispensaries Transport Laboratory Waste Disposal
As of May 15th, there are 7,724 growers within our state We have 1,489 licensed processors in the state We currently have 2,286 dispensary licenses with this great state We now have 118 Transportation Licenses We have 30 licensed labs We have 9 licensed waste disposal faclities
Active Licenses: 386,913 Patients & 1,805 Caregivers (368, 218 in May 2021)
SQ788 TAX
(2,340 in May 2021)
STATE & LOCAL
SALES TAX
2019 (JAN. TO DEC.)
2019 (JAN. TO DEC.)
..................... $24,156,269
..................... $30,594,902
2020 (JAN. TO DEC.)
2020 (JAN. TO DEC.)
.................... $56,245,888 2021 (JAN. TO DEC.) ..................... $66,173,758 2022 ( JAN. TO APR.)
........................ $19,284,445
..................... $71,593,772 2021 (JAN. TO NOV.) ..................... $83,265,745 November - $6,252,699
........................ $25,423,492
More than 90 cannabis-related bills were filed at the beginning of the session, but as lawmakers wind down their time at the Capitol, only 20 remain. Four bills have been signed by Gov. Kevin Stitt, while others are waiting to be heard on the floor or are working through conference committees.
Source:https://www.kosu.org/
Several of the bills are aimed at cracking down on the cannabis black market — an issue heightened by multiple large-scale illegal marijuana busts.
There are several medical marijuana bills making their way through the Oklahoma Legislature that could have a large impact on the industry. You may be asking yourself, how are new laws even made? Well, I am here to break it down for you! A law can come from many sources such as interest groups, government agencies, or the Governor. But this is just the idea stage. Someone, or more likely a group of people, then drafts the bill and files it. The Oklahoma Legislature has a two-part system, the House, and the Senate. Both play a crucial role in the passing of bills to become laws. The bills always start with the House and may make it to the Senate. The drafted bill is introduced by the Speaker of the House and undergoes First and Second Readings in the House. The Speaker then assigns it to a committee, or it goes directly to the calendar. Once a bill gets to the committee, the committee can decide if it passes or not. If the bill does not pass, the bill is dead. If the bill passes the committee or passes as amended, it makes it to General Order. This means it is available for the Floor Leader for possible scheduling for Floor Agenda. Once it makes it to the floor, the bill is explained, possibly amended, debated, and voted upon. There is a Third Reading and final passage by the House. If the bill passes the House, it moves to the Senate in a similar manner. If it passes the Senate, it goes back to the House! Once the bill goes back to the house if there are no amendments, the bill heads to the Governor. If the Governor signs the bill, it heads to the Secretary of State and it becomes a law at some point in the future. If the bill is returned to the House with amendments, it may go to the Governor, but the House may refuse to agree to the amendments and the bill goes back to the committee.
If you would like to review a flow chart on this process, please follow this link: https://www.okhouse.gov/information/CourseOfBills.aspx
A few bills target standardizing operations, and others add more regulations and fees to the licensing process. Overall, bolstering the OMMA’s authority, increasing penalties for violations and implementing measures to mitigate impacts on natural resources were key areas of focus during this legislative session. Signed into law by Gov. Kevin Stitt: HB3019- Requires purchased marijuana leaving a dispensary to be contained in an exit package, which is described as an opaque bag. It would also require marijuana containers to be printed with “For use by licensed medical marijuana patients only,” and “Keep out of reach of children,” on the container. The container may be clear. SB1543- Removes the OMMA as a division of the Oklahoma State Department of Health. The OMMA would instead function as its own distinct entity. SB1367- Does a few things related to punishments for unauthorized transfers of cannabis: Would raise the penalty for purchases or transfers of value of medical marijuana by a marijuana business, its employees or agents of the business to unauthorized persons. For the first offense, the fine is $5,000 (up from $1,000) and $15,000 (up from $5,000) for subsequent violations occurring within a oneyear timeframe. Would raise the penalty for marijuana patients to share or sell marijuana to unauthorized persons. For the first offense, the fine is $400 (up from $200). For the second offense, the fine is $1,000 (up from $500), and the offender will have their license permanently revoked. Would raise the penalty for marijuana patients, caregivers, businesses or employees that share or sell marijuana to an unauthorized minor. For the first offense, the fine is $2,500 (up from a citation). For subsequent offenses, the offender is subject to a citation and fine of $5,000 (no change). Would revoke licenses upon the second incident of businesses, employees or agents fraudulently or inaccurately reporting within a 10-year period. HB3530- Creates the County Sheriff Public Safety Grant Revolving Fund, which would be used for law enforcement relating to marijuana. It would be funded by money received by the OMMA, as well as any federal funds, grants or donations from public or private sources. For legislation still in conference committees, committee reports for the bills are sent to the originating chamber and then the opposite chamber for approval or rejection. Upon approval, the bill is read on the floor. Upon rejection, the bill can go back to the conference committee.
For questions or more information email Jade@BICLegal.com
- Jade thechronicmagazine.com
JUNE 2022
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