2022 Oklahoma Statutes
Title 2. Agriculture
§2-3-403. Licensee authorization – Exemption from criminal liability.
A. 1. A licensee is authorized to engage in the growth, cultivation, handling or processing of industrial hemp and may remediate noncompliant industrial hemp with a delta-9 tetrahydrocannabinol concentration of not more than one percent (1.0%) on a dry-weight basis and prepare for retesting as set forth by the Department as long as the noncompliant industrial hemp has a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis after retesting, or all or part of the product is disposed of in the process of remediation so that only a compliant product (with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent (0.3%) on a dry-weight basis) is left, or all disposable waste is destroyed following a remediation process.
2. A remediation facility shall be an option of the remediation process. The licensee may remediate any noncompliant industrial hemp at its own facilities, affiliated facilities, or third-party facilities as long as these facilities are licensed and approved by the State Board of Agriculture as a remediation facility. The State Board of Agriculture shall be notified before any noncompliant industrial hemp is transported to a remediation facility. Retesting of any noncompliant industrial hemp shall be done within sixty (60) days post-harvest. Within seven (7) days of receiving notice of a measured tetrahydrocannabinol concentration that exceeds the acceptable hemp tetrahydrocannabinol level but is less than one percent (1.0%), the licensed grower shall consent to the destruction of all cannabis from that lot, or he or she may request remediation and a post-harvest retest in a homogenized form in accordance with the procedures established by the State Board of Agriculture. A measured tetrahydrocannabinol concentration that exceeds one percent (1.0%) shall require the licensed grower to properly dispose of all cannabis from that lot. The retest fee shall be paid in an amount established by the State Board of Agriculture. Samples with a measured tetrahydrocannabinol concentration of one percent (1.0%) or greater shall not be eligible for a post-harvest retest or remediation and shall be destroyed.
3. Licensees are allowed to sell industrial hemp grain and other industrial hemp derivatives that are either grown or processed in this state, that do not include the flower, for the purpose of livestock feed and other animal consumption in this state.
B. The activities performed under the Oklahoma Industrial Hemp Program shall not subject the persons participating in the program to criminal liability under the Uniform Controlled Dangerous Substances Act. The exemption from criminal liability provided for in this subsection is a limited exemption that shall be strictly construed and shall not apply to an activity that is not expressly permitted under the Oklahoma Industrial Hemp Program.
Added by Laws 2018, c. 64, § 3, emerg. eff. April 23, 2018. Amended by Laws 2019, c. 91, § 4, emerg. eff. April 18, 2019; Laws 2019, c. 478, § 1, emerg. eff. May 28, 2019; Laws 2020, c. 99, § 1, eff. Nov. 1, 2020; Laws 2022, c. 265, § 2, emerg. eff. May 16, 2022.
