Bill Text For SB1591 - Senate Floor Version

 1|                        SENATE FLOOR VERSION                           |
  |                          February 16, 2026                            |
 2|                             AS AMENDED                                |
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 3|SENATE BILL NO. 1591                 By: Rosino of the Senate          |
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 4|                                         and                           |
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 5|                                         Newton of the House           |
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 8|       An Act relating to medical marijuana; amending 63               |
  |       O.S. 2021, Sections 423, as last amended by Section             |
 9|       8, Chapter 182, O.S.L. 2024 and 427.18, as last                 |
  |       amended by Section 1, Chapter 272, O.S.L. 2025 (63              |
10|       O.S. Supp. 2025, Sections 423 and 427.18), which                |
  |       relate to medical marijuana processing license and              |
11|       packaging and labeling requirements; limiting certain           |
  |       tetrahydrocannabinol (THC) amounts in certain                   |
12|       products and packages; updating statutory language;             |
  |       and declaring an emergency.                                     |
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15|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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16|    SECTION 1.     AMENDATORY     63 O.S. 2021, Section 423, as last   |
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17|amended by Section 8, Chapter 182, O.S.L. 2024 (63 O.S. Supp. 2025,    |
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18|Section 423), is amended to read as follows:                           |
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19|    Section 423.  A.  The Oklahoma Medical Marijuana Authority shall   |
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20|make available on its website in an easy-to-find location an           |
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21|application for a medical marijuana processing license.  The           |
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22|Authority shall be authorized to issue two types of medical            |
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23|marijuana processor licenses based on the level of risk posed by the   |
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24|type of processing conducted:                                          |
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 1|    1.  Nonhazardous medical marijuana processor license; and          |
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 2|    2.  Hazardous medical marijuana processor license.                 |
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 3|The application fee for a nonhazardous or hazardous medical            |
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 4|marijuana processor license shall be paid by the applicant in the      |
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 5|amounts provided for in Section 427.14 of this title.  A method of     |
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 6|payment shall be provided on the website of the Authority.  The        |
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 7|Authority shall have ninety (90) business days to review the           |
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 8|application; approve, reject, or deny the application; and send the    |
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 9|approval, rejection, or denial letter stating the reasons for the      |
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10|rejection or denial to the applicant in the same method the            |
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11|application was submitted to the Authority.                            |
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12|    B.  The Authority shall approve all applications which meet the    |
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13|following criteria:                                                    |
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14|    1.  The applicant must be twenty-five (25) years of age or         |
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15|older;                                                                 |
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16|    2.  The applicant, if applying as an individual, must show         |
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17|residency in this state;                                               |
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18|    3.  All applying entities must show that all members, managers,    |
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19|and board members are Oklahoma residents of this state;                |
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20|    4.  An applying entity may show ownership of nonstate residents,   |
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21|but that percentage ownership may not exceed twenty-five percent       |
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22|(25%);                                                                 |
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23|    5.  All applying individuals or entities must be registered to     |
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24|conduct business in this state; and                                    |
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 1|    6.  All applicants must disclose all ownership interests in the    |
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 2|processing operation.                                                  |
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 3|    Applicants with a nonviolent felony conviction in the last two     |
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 4|(2) years, any other felony conviction in the last five (5) years,     |
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 5|inmates in the custody of the Department of Corrections or any         |
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 6|person currently incarcerated shall not qualify for a medical          |
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 7|marijuana processing license.                                          |
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 8|    C.  1.  A licensed processor may take marijuana plants and         |
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 9|distill or process these plants into concentrates, edibles, and        |
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10|other forms for consumption.  No individual edible medical marijuana   |
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11|product shall include more than ten (10) milligrams of                 |
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12|tetrahydrocannabinol (THC) per edible and no more than one hundred     |
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13|(100) milligrams of THC per package.                                   |
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14|    2.  The Executive Director of the Authority shall make available   |
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15|a set of standards which shall be used by licensed processors in the   |
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16|preparation of edible marijuana products.  The standards should be     |
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17|in line with current food preparation guidelines.  No excessive or     |
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18|punitive rules may be established by the Executive Director.           |
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19|    3.  Up to two times a year, the Authority may inspect a            |
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20|processing operation and determine its compliance with the             |
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21|preparation standards.  If deficiencies are found, a written report    |
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22|of the deficiency shall be issued to the licensed processor.  The      |
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23|licensed processor shall have one (1) month to correct the             |
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 1|deficiency or be subject to a fine of Five Hundred Dollars ($500.00)   |
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 2|for each deficiency.                                                   |
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 3|    4.  A licensed processor may sell marijuana products it creates    |
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 4|to a licensed dispensary or any other licensed processor.  All sales   |
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 5|by a licensed processor shall be considered wholesale sales and        |
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 6|shall not be subject to taxation.                                      |
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 7|    5.  Under no circumstances may a licensed processor sell           |
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 8|marijuana or any marijuana product directly to a licensed medical      |
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 9|marijuana patient or licensed caregiver.  However, a licensed          |
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10|processor may process cannabis into a concentrated form for a          |
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11|licensed medical marijuana patient for a fee.                          |
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12|    6.  Licensed processors shall be required to complete a monthly    |
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13|yield and sales report to the Authority.  This report shall be due     |
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14|on the fifteenth of each month and shall provide reporting on the      |
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15|previous month.  This report shall detail the amount of marijuana      |
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16|and medical marijuana products purchased in pounds, the amount of      |
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17|marijuana cooked or processed in pounds, and the amount of waste in    |
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18|pounds.  Additionally, this report shall show total wholesale sales    |
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19|in dollars.  The Authority shall have oversight and auditing           |
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20|responsibilities to ensure that all marijuana being processed is       |
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21|accounted for.                                                         |
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22|    D.  The Authority shall oversee the inspection and compliance of   |
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23|licensed processors producing products with marijuana as an            |
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 1|additive.  If it becomes permissible under federal law, marijuana      |
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 2|may be moved across state lines.                                       |
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 3|    E.  Any device used for the processing or consumption of medical   |
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 4|marijuana shall be considered legal to be sold, manufactured,          |
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 5|distributed, and possessed.  No merchant, wholesaler, manufacturer,    |
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 6|or individual may be unduly harassed or prosecuted for selling,        |
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 7|manufacturing, or possessing marijuana paraphernalia.                  |
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 8|    SECTION 2.     AMENDATORY     63 O.S. 2021, Section 427.18, as     |
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 9|last amended by Section 1, Chapter 272, O.S.L. 2025 (63 O.S. Supp.     |
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10|2025, Section 427.18), is amended to read as follows:                  |
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11|    Section 427.18.  A.  A medical marijuana business shall not        |
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12|sell, transfer, or otherwise distribute medical marijuana or medical   |
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13|marijuana product that has not been packaged and labeled in            |
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14|accordance with this section and rules promulgated by the Executive    |
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15|Director of the Oklahoma Medical Marijuana Authority.                  |
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16|    B.  A medical marijuana dispensary shall return medical            |
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17|marijuana and medical marijuana product that does not meet packaging   |
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18|or labeling requirements in this section or rules promulgated          |
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19|pursuant thereto to the entity who transferred it to the dispensary.   |
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20| The medical marijuana dispensary shall document to whom the item      |
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21|was returned, what was returned, and the date of the return, or        |
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22|dispose of any usable marijuana that does not meet these               |
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23|requirements in accordance with the Oklahoma Medical Marijuana and     |
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24|Patient Protection Act.                                                |
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 1|    C.  1.  Medical marijuana packaging shall be packaged to           |
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 2|minimize its appeal to children and shall not depict images other      |
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 3|than the business name logo of the medical marijuana producer and      |
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 4|image of the product.                                                  |
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 5|    2.  A medical marijuana business shall not place any content on    |
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 6|a container in a manner that reasonably appears to target              |
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 7|individuals under the age of twenty-one (21) including, but not        |
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 8|limited to, cartoon characters or similar images.                      |
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 9|    3.  Labels on a container shall not include any false or           |
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10|misleading statements.                                                 |
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11|    4.  No container shall be intentionally or knowingly labeled so    |
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12|as to cause a reasonable patient confusion as to whether the medical   |
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13|marijuana, medical marijuana concentrate, or medical marijuana         |
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14|product is a trademarked product or labeled in a manner that           |
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15|violates any federal trademark law or regulation.  The label on the    |
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16|container shall include a warning that states the following:           |
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17|         a.    "For use by licensed medical marijuana patients         |
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18|              only",                                                   |
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19|         b.    "Keep out of reach of children",                        |
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20|         c.    "It is illegal to drive a motor vehicle while under     |
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21|              the influence of marijuana or marijuana products",       |
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22|         d.    "Women should not use marijuana or marijuana products   |
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23|              during pregnancy because of the risk of birth            |
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24|              defects", and                                            |
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 1|         e.    "This product has been tested for contaminants".        |
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 2|    5.  The label on the container shall not make any claims           |
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 3|regarding health or physical benefits to the patient.                  |
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 4|    6.  The container itself may be clear in order to allow licensed   |
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 5|medical marijuana patients and licensed medical marijuana caregivers   |
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 6|the ability to view the product inside the container but shall be      |
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 7|child-resistant, as defined in Section 427.2 of this title.            |
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 8|    7.  At the point of sale and transfer of any medical marijuana,    |
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 9|medical marijuana concentrate, or medical marijuana products to a      |
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10|licensed medical marijuana patient or licensed medical marijuana       |
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11|caregiver, the dispensary shall place the medical marijuana, medical   |
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12|marijuana concentrate, or medical marijuana products in an exit        |
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13|package, as such term is defined in Section 427.2 of this title.       |
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14|    8.  No individual edible medical marijuana product sold shall      |
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15|include more than ten (10) milligrams of tetrahydrocannabinol (THC)    |
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16|per edible and no more than one hundred (100) milligrams of THC per    |
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17|package.                                                               |
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18|    D.  The Executive Director shall develop minimum standards for     |
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19|packaging and labeling of medical marijuana, medical marijuana         |
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20|concentrate, and medical marijuana products.  Such standards shall     |
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21|include, but not be limited to, the required contents of labels to     |
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22|be affixed to all medical marijuana, medical marijuana concentrate,    |
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23|and medical marijuana products prior to transfer to a licensed         |
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24|patient or caregiver, which shall include, at a minimum:               |
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 1|    1.  THC and other cannabinoid potency, and terpenoid potency;      |
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 2|    2.  A statement indicating that the product has been tested for    |
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 3|contaminants;                                                          |
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 4|    3.  One or more product warnings to be determined by the           |
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 5|Executive Director; and                                                |
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 6|    4.  Any other information the Executive Director deems             |
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 7|necessary.                                                             |
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 8|    SECTION 3.  It being immediately necessary for the preservation    |
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 9|of the public peace, health or safety, an emergency is hereby          |
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10|declared to exist, by reason whereof this act shall take effect and    |
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11|be in full force from and after its passage and approval.              |
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12|COMMITTEE REPORT BY: COMMITTEE ON HEALTH AND HUMAN SERVICES            |
  |February 16, 2026 - DO PASS AS AMENDED                                 |
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