SB 640: Medical marijuana; directing licensed medical marijuana businesses to remove or lawfully dispose or surface trash, debris, waste, and substances; rules. Effective date. Emergency. - Oklahoma

Floor (House) → Floor (Senate) · 5 edits

MODERATE

The bill was moved from the House to the Senate floor, resulting in significant substantive changes. The Senate version removes the requirement for businesses to clean up trash after license revocation and deletes the public nuisance provisions for abandoned grows. It also expands employer protections to prevent discrimination based on medical marijuana status and clarifies that marijuana use for organ transplants is not considered illicit. Additionally, the distance restrictions near schools were adjusted from a single 1,000-foot rule to a range of 1,000 to 3,000 feet, with grandfathering protections for existing licensed properties.

Scope change

The bill's scope was narrowed regarding cleanup and nuisance enforcement, while employer protections and school setback distances were expanded and clarified.

REQUIREMENT

Removed the mandate for medical marijuana growers to clean up sites within 30 days of license revocation or expiration.

Changed the school setback distance from a fixed 1,000 feet to a range of 1,000 to 3,000 feet with grandfathering for pre-existing licenses.

ENFORCEMENT

Deleted the provision declaring abandoned marijuana grows as public nuisances subject to abatement.

ELIGIBILITY

Added protection against employer discrimination based on medical marijuana patient status and clarified that organ transplant use is not illicit.

DEFINITION

Defined 'error in measurement' to cover mathematical mistakes or inconsistent measurement methods by the Authority or municipalities.

SB640 (3-17-25) (BULLARD) FA2.PDF → Floor (House) · 6 edits

MODERATE

The bill was converted from a Senate amendment to a House floor version, replacing specific religious setback grandfathering clauses with new requirements for medical marijuana businesses to clean up their sites. The updated text introduces strict cleanup deadlines for commercial growers, defines what constitutes 'waste' and 'abandoned operations,' and establishes public nuisance laws with associated fines to address environmental concerns.

Scope change

The bill's scope shifted from focusing on religious property setbacks to enforcing environmental cleanup standards and public nuisance abatement for medical marijuana operations.

REQUIREMENT

Added a mandate for all licensed medical marijuana businesses to remove or lawfully dispose of surface trash, debris, waste, and substances caused by their operations.

Established a 30-day deadline for commercial growers to clean up their sites after a license is revoked, expires, or becomes inactive.

ENFORCEMENT

Created new penalties including a $5,000 fine for first violations and a $25,000 fine for subsequent violations of cleanup requirements.

Authorized the Oklahoma Medical Marijuana Authority to promulgate rules and establish enforcement measures for cleanup compliance.

DEFINITION

Defined specific terms such as 'surface trash, debris, waste, and substances' and 'abandoned medical marijuana grow operation' to clarify enforcement standards.

ELIGIBILITY

Removed provisions that would have grandfathered existing dispensaries from setback requirements if a place of worship was built nearby.

SB640 (3-13-25) (PAXTON) WDFA1.PDF → SB640 (3-17-25) (BULLARD) FA2.PDF · 3 edits

MINOR

The amendment adds a new provision granting 'grandfathered' status to existing marijuana dispensaries and growers if a place of worship is built nearby after the law takes effect. It also updates the definition of 'place of worship' to include office spaces and changes the amendment's filing status from 'untimely' to 'secondary'.

Scope change

The bill's scope expanded to include marijuana growers in addition to retail dispensaries regarding setback rules for nearby places of worship.

SCOPE

Added a new provision allowing existing marijuana growers to be exempt from setback requirements if a place of worship is built within 3,000 feet after the license is issued.

DEFINITION

Updated the definition of 'place of worship' to explicitly include office spaces owned, leased, or rented on a full-time basis.

TECHNICAL

Changed the amendment's classification from 'untimely' to 'secondary' and updated the filing signature from Senator Paxton to Senator Bullard.

SB640 (3-13-25) (PAXTON) FA1.PDF → SB640 (3-13-25) (PAXTON) WDFA1.PDF · 1 edit

MINOR

The bill was amended to update the document's versioning information. The primary change is the revision of the amendment date and time from March 13, 2025, to March 18, 2025, indicating a procedural update to the legislative record rather than a change to the bill's substantive policy.

TECHNICAL

Updated the amendment timestamp to reflect the latest version of the document.

House Committee Substitute for Senate Bill → SB640 (3-13-25) (PAXTON) FA1.PDF · 3 edits

MINOR

The bill was amended to add protections for religious organizations, ensuring that places of worship are exempt from setback distance requirements if they are built within 3,000 feet of an existing licensed marijuana dispensary. The amendment also formally defines 'place of worship' to include various religious buildings and spaces.

Scope change

The bill's scope was expanded to include specific protections for religious organizations regarding proximity to marijuana dispensaries, creating a grandfathering clause for new places of worship.

ELIGIBILITY

Added an exemption for places of worship from setback distance rules if located within 3,000 feet of an existing dispensary, provided the dispensary was licensed before the place of worship was established.

DEFINITION

Added a new definition for 'place of worship' to include churches, temples, synagogues, mosques, and other facilities used for religious services.

REQUIREMENT

Modified the bill's requirements by striking the word 'and' on Page 5, Line 10, likely to adjust a list of conditions or definitions.

Proposed Policy Committee Substitute 1 → House Committee Substitute for Senate Bill · 1 edit

MINOR

The bill text was reformatted to remove the 'Proposed Policy Committee' label and update the request number from 17281 to 17483. The core legal content regarding medical marijuana regulations, fines, and definitions remained substantively unchanged.

Scope change

No change in the bill's scope or applicability; the changes are administrative and formatting-related.

TECHNICAL

Removed the 'Proposed Policy Committee Substitute' title and updated the document request number from 17281 to 17483.

Engrossed → Proposed Policy Committee Substitute 1 · 6 edits

MODERATE

The bill was completely rewritten by the Policy Committee, replacing the original text which focused on protecting medical marijuana patients from discrimination and setting distance rules for schools and churches. The new version shifts the focus entirely to environmental cleanup, imposing a $5,000 fine for trash left by businesses and a $25,000 fine for repeat violations, while also declaring abandoned grows as public nuisances.

Scope change

The bill's scope changed from protecting patient rights and regulating business locations to strictly enforcing cleanup standards and addressing abandoned grow sites.

SCOPE

Removed all provisions protecting medical marijuana patients from employment discrimination, custody denial, and licensing restrictions.

REQUIREMENT

Removed distance restrictions requiring dispensaries to be far from schools and places of worship.

Added a requirement for businesses to remove all surface trash, debris, and waste within 30 days of license revocation or expiration.

ENFORCEMENT

Added a $5,000 fine for first violations of cleanup rules and a $25,000 fine for subsequent violations.

Added language declaring abandoned medical marijuana grow operations as public nuisances that can be abated.

TIMELINE

Changed the effective date from the original act's date to July 1, 2026.

Introduced → Engrossed · 4 edits · Mar 24, 2025

MODERATE

The bill was amended to expand protections for medical marijuana patients by adding specific rules for employers and places of worship. The changes clarify that employers cannot discriminate based on status alone and explicitly allow them to take action only if the patient uses marijuana on the job. Additionally, a new provision prohibits dispensaries from being located within 3,000 feet of places of worship, while maintaining the existing 1,000-foot rule for schools.

Scope change

The bill's scope expanded to include new restrictions on dispensary locations near places of worship and clarified employer rights regarding on-site marijuana use.

REQUIREMENT

Added a new subsection prohibiting medical marijuana dispensaries from being located within 3,000 feet of any place of worship.

Clarified that employers may take action against patients who use or possess marijuana during work hours, but cannot discriminate solely based on the patient's status or a positive drug test result.

DEFINITION

Updated the definition of 'school' to reference a specific existing section in the Oklahoma Statutes for consistency.

TIMELINE

Adjusted dates and effective date references to align with the current legislative session and clarify grandfathering rules for existing licenses.

Medical marijuana; directing licensed medical marijuana businesses to remove or lawfully dispose or surface trash, debris, waste, and substances; rules. Effective date. Emergency.

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