A. Whenever an authorized agent of the State Department of Health finds, in whole or in part, that the medical marijuana or medical marijuana product fails to meet the requirements of Sections 420 through 426.1 of Title 63 of the Oklahoma Statutes or the Oklahoma Medical Marijuana and Patient Protection Act as it relates to health and safety, the medical marijuana or medical marijuana product is handled in violation of applicable laws or rules and regulations of the Department, or the medical marijuana or medical marijuana product may be poisonous, deleterious to health or is otherwise unsafe, an electronic or physical tag or other appropriate marking or hold shall be affixed to the medical marijuana or medical marijuana product which shall give notice that the medical marijuana or medical marijuana product is or is suspected of being manufactured, produced, transferred, sold or offered for sale in violation of applicable laws or rules and regulations of the Department and is embargoed. The notice shall further provide a warning to all persons not to remove or dispose of the medical marijuana or medical marijuana product until permission for removal or disposal is given by the Department. It shall be unlawful for any person to remove or dispose of the medical marijuana or medical marijuana product embargoed without permission by the Department.
B. If the State Commissioner of Health finds that medical marijuana or medical marijuana product embargoed pursuant to subsection A of this section does not meet the requirements of applicable laws or rules and regulations of the Department, or is poisonous, deleterious to health or otherwise unsafe, the Commissioner may institute an action in the district court in whose jurisdiction the medical marijuana or medical marijuana product is embargoed for the condemnation and destruction of the medical marijuana or medical marijuana product. If the Commissioner finds that the medical marijuana or medical marijuana product embargoed does meet the requirements of applicable laws and the rules and regulations of the Department and is not poisonous, deleterious to health or otherwise unsafe, the Commissioner shall remove the embargo. In any court proceeding regarding an embargo, neither the State Department of Health, the Oklahoma Medical Marijuana Authority or the Commissioner shall be held liable if the court finds reasonable belief for the embargo.
C. Except as otherwise provided in subsection D of this section, if the court finds that the embargoed medical marijuana or medical marijuana product, in whole or in part, is in violation of any applicable laws or rules and regulations of the Department or is poisonous, deleterious to health or otherwise unsafe, the medical marijuana or medical marijuana product shall be destroyed at the expense of the defendant under the supervision of the Commissioner. All court costs, fees, costs of storage and disposal and other proper expenses shall be paid by the defendant of the medical marijuana or medical marijuana product.
D. The court may order that the medical marijuana or medical marijuana product be delivered to the defendant for appropriate labeling or processing under the supervision of the Commissioner only if:
1. The violation can be corrected by proper processing of medical marijuana or medical marijuana product;
2. All costs, fees and expenses have been paid; and
3. A sufficient bond is executed and conditioned for appropriate labeling or processing as the court may require.
The expense of supervision shall be paid to the Commissioner by the person obtaining release of the medical marijuana or medical marijuana product under bond.
Added by Laws 2021, c. 553, § 25, eff. Nov. 1, 2021.