Oklahoma’s medical marijuana industry took the state by storm after the passage of State Question 788 in 2018. With more than 8,000 medical marijuana grows in Oklahoma, the industry has had a significant impact on agriculture and rural Oklahoma.
Concerns around medical marijuana and the impact it has or will have on Oklahoma’s agriculture industry were on the top of Farm Bureau members’ minds during the 2022 legislative session. From illegal activity to concerns with herbicide spray drift, Farm Bureau members sought clarity on potential liabilities and improved communications with medical marijuana growers around them.
Oklahoma Farm Bureau began the 2022 legislative session tracking dozens of medical marijuana bills. While not all were signed into law, OKFB is pleased with those that did and will continue working on behalf of Farm Bureau members as legislation re-emerges in future sessions.
Below is a list of several high-profile medical marijuana bills that OKFB tracked throughout the session.
SB 1261 – Spray drift
Primary authors: Sen. Brent Howard and Rep. John Pfeiffer
Status: Failed to pass the House
SB 1261 sought to limit compensation for crops and plants damaged by unintentional herbicide spray drift to those insurable under the Federal Crop Insurance Corporation program. It also would have required medical marijuana growers to register with the Oklahoma Department of Agriculture, Food and Forestry as an environmentally sensitive crop in order to make a claim.
This bill was important to Farm Bureau members as many farmers and ranchers have been hesitant to apply herbicides to their property in fear that unintentional spray drift would cause harm to neighboring marijuana grows, whether known or unknown.
SB 1367 – Penalties for illegal activities
Primary authors: Sen. Lonnie Paxton and Rep. David Hardin
Status: Signed by Gov. Stitt
SB 1367 increases the penalty for illegal sales of medical marijuana by a legal business to an unauthorized person. The fee increased from $1,000 to $5,000 for first offenses and from $5,000 to $15,000 for second offenses. If a medical marijuana patient or caregiver gives the marijuana to an unauthorized person, SB 1367 sets the first-offense fine to a minimum of $400 and $1,000 minimum for a subsequent offense.
The illegal activity surrounding the industry was a great concern to Farm Bureau members during the 2022 legislative session. This bill aims to cut down on illegal activities among entities and individuals who do have authorized use of medical marijuana.
SB 1511 – Facility proximity to schools
Primary authors: Sen. Paul Rosino and Rep. John Pfieffer
Status: Signed by Gov. Stitt
SB 1511 prevents any new medical marijuana grow facility from being constructed within 1,000 feet of an existing public or private school. As an organization, OKFB values the prosperity and vibrance of rural Oklahoma and its schools. This bill prevents the establishment of grow facilities too close to schools and schoolchildren.
SB 1543 – Oklahoma Medical Marijuana Authority
Primary authors: Sen. Greg Treat and Rep. Jon Echols
Status: Signed by Gov. Stitt
SB 1543 makes the Oklahoma Medical Marijuana Authority a standalone state agency, removing it from the Oklahoma State Department of Health. Cracking down on illegal activity was a high priority for Farm Bureau members coming in to the 2022 session, and this bill allows OMMA greater freedom in both managing legal marijuana activity and investigating and prosecuting illegal activity.
SB 1697 – Medical marijuana bonds
Primary authors: Sen. Darcy Jech and Rep. Carl Newton
Status: Failed to advance out of conference between the House and Senate
SB 1697 would have required all medical marijuana growers applying for a grower license to file a bond with OMMA at a minimum of $25,000. The bond would have set aside money to be used to reclaim and restore property if a marijuana grow were to be abandoned.
This bill was created in response to concerns that counties and neighboring residents would be left to foot the bill and deal with the fallout caused by abandoned grows with destroyed property.
SB 1704 – Medical marijuana license revocation
Primary authors: Sen. Lonnie Paxton and Rep. Dick Lowe
Status: Signed by Gov. Stitt
SB 1704 allows OMMA to revoke the license – after thorough investigation – of anyone found to be diverting medical marijuana. With sufficient evidence, OMMA may also revoke the license of any business associated with these actions. Like several others, this bill targets the illegal marijuana activities with which Farm Bureau members are greatly concerned.
SB 1737 – Signage requirements, sensitive crop registry
Primary authors: Sen. Blake Stephens and Rep. Kenton Patzkowsky
Status: Signed by Gov. Stitt
SB 1737 requires all commercial medical marijuana growers to post signage outside their operation and requires them to register with ODAFF as an environmentally sensitive crop. Signage requirements include listing the official license number and valid contact information for the licensee.
Before the passage of SB 1737, many farmers and ranchers had difficulty determining if a neighboring operation grew marijuana and, if so, finding valid contact information for the operation’s ownership to have on hand in case of emergencies or before applying herbicides. This bill will help OKFB members tremendously in the spirit of being good neighbors.
HB 2179 – Tiered licensing system
Primary authors: Rep. Scott Fetgatter and Sen. Jessica Garvin
Status: Signed by Gov. Stitt
HB 2179 implements a tiered licensing system for medical marijuana operations with categories for indoor and outdoor grows.
The seven fee tiers for indoor operations begin at $2,500 for up to 10,000 square feet of growing space and top out at $50,000 plus an additional $0.25 for every square foot over 100,000 square feet. The eight fee tiers for outdoor operations begin at $2,500 for up to 2.5 acres and top out at $50,000 for a maximum of 50 acres with a fee of $250 for each additional acre.
Proponents of HB 2179 hope the tiered fee system will slow the growth of marijuana operations and help OMMA maintain order and structure.
HB 3208 – License moratorium
Primary authors: Rep. Rusty Cornwall and Sen. Lonnie Paxton
Status: Signed by Gov. Stitt
HB 3208 gives OMMA the authority to establish a moratorium on issuing new medical marijuana business licenses beginning Aug. 1, 2022 and ending Aug. 1, 2024. The bill allows the OMMA director to end the moratorium early if it is determined that all pending licenses, inspections and investigations have been completed.
The unprecedented growth in both legal and illegal activity within the medical marijuana industry is a concern to many Farm Bureau members. This bill would allow the OMMA to pause issuing new licenses and focus instead on the ongoing investigations and processes surrounding licenses that already exist.
HB 3530 – Revolving fund for county sheriffs
Primary authors: Rep. David Hardin and Sen. Darrell Weaver
Status: Signed by Gov. Stitt
HB 3530 creates a revolving fund designated for use by county sheriffs to enforce state medical marijuana laws. This bill will help law enforcement tackle illegal activity in rural areas of the state.
HB 4055 – Public utilities reporting
Primary authors: Rep. Thomas Marti and Sen. Lonnie Paxton
Status: Failed to pass the Senate
HB 4055 would have required local public utility services to report to OMMA the amount of a commodity – like water or electrical power – they provided to a licensed medical marijuana grower.
Authors of this bill hoped the information would help OMMA determine if a licensed grower was using the proper amount of utilities to produce the number of plants they claimed to produce. Excess water or power usage might have served as a tipoff to OMMA that illegal activity may be taking place.
For Farm Bureau members and rural Oklahoma, medical marijuana is an ongoing issue that does not stop with the end of the 2022 legislative session. Throughout the summer and fall, OKFB will continue to work hand-in-hand with its grassroots members during the policy development season to determine the best course of action to ensure farmers and ranchers can continue producing food, fuel and fiber for the world.
