2023 Oklahoma Statutes › Title 63. Public Health and Safety › §63-427.25. Secret shoppers – Laboratory testing – Enforcement.

A. The Oklahoma Medical Marijuana Authority shall implement rules to employ secret shoppers. Secret shoppers shall purchase medical marijuana or marijuana products from licensed medical marijuana dispensaries utilizing cash from the petty cash fund authorized in Section 5 of this act.
B. The secret shopper shall be authorized to:
1. Purchase an amount of medical marijuana or marijuana products sufficient for two complete compliance tests; or
2. Attempt to purchase medical marijuana or marijuana products in order to prove compliance with the Oklahoma Medical Marijuana and Patient Protection Act or any rule determined by the Authority.
C. Samples collected pursuant to paragraph 1 of subsection B of this section shall be tested by licensed medical marijuana testing laboratories, one of which shall be the laboratory of origin, if applicable, and one of which may be the Authority’s quality assurance laboratory. One sample shall be kept in reserve by the Authority in the event of a discrepancy between the testing laboratories, which may require retesting of the medical marijuana or marijuana products. When making purchases from a licensed medical marijuana dispensary, the secret shopper shall ask for the certificate of analysis for each product purchased.
D. The secret shopper shall deliver the medical marijuana or marijuana products to a quality assurance laboratory, which may be the Authority’s quality assurance laboratory, for homogenization. Once the samples have been homogenized, the samples shall be delivered to two licensed medical marijuana testing laboratories, one of which may be the Authority’s quality assurance laboratory, for compliance testing which shall include the testing for pesticides, heavy metals, microbials, residual solvents for extracted products, and potency. One sample shall be kept by the Authority in reserve. If the medical marijuana or marijuana products were previously tested with available results from a licensed medical marijuana testing laboratory, that testing laboratory shall be one of the licensed medical marijuana testing laboratories chosen by the Authority. For the avoidance of doubt, neither the licensed medical marijuana dispensary nor the licensed medical marijuana testing laboratory shall be told that the business entity is selling medical marijuana or marijuana products to a secret shopper or testing samples submitted by a secret shopper employed by the Authority and posing as a licensed medical marijuana patient.
E. The Authority shall inspect, by secret shopper, a minimum of fifty licensed medical marijuana dispensaries annually beginning January 1, 2024. In the year 2025, the Authority shall inspect, by secret shopper, a minimum of ten percent (10%) of randomly selected licensed medical marijuana dispensaries in Oklahoma per year.
F. 1. When the licensed medical marijuana testing laboratories unanimously confirm test results with safety failures for contaminants, the Authority shall recall the medical marijuana or marijuana product within seven (7) days of obtaining the test results. The name of the licensed medical marijuana dispensary and any other relevant product information shall be made public via a press release issued by the Authority. If there is greater than one contaminant fails among the licensed medical marijuana testing laboratories, the Authority shall work with a quality assurance laboratory to verify the results of the licensed medical marijuana testing laboratories and take appropriate action.
2. When the average of total potency or total terpene results collected from a licensed medical marijuana testing laboratory for a particular product is outside the allowable limits, the Authority shall work with a quality assurance laboratory to verify the results of the testing laboratory. If results are verified to be outside the allowable limits, the Authority shall require relabeling of the medical marijuana or marijuana products.
3. All investigative results shall be retained by the Authority for a minimum of three (3) years.
4. The Authority shall implement rules to notify any licensed medical marijuana dispensary and licensed medical marijuana grower or licensed medical marijuana processor of any investigative results determined to be noncompliant.
5. After the licensed medical marijuana dispensary and licensed medical marijuana grower or licensed medical marijuana processor is notified of the investigative results, such results may be used by the Authority to take action against the licensee, assess fines, or assess other civil penalties available to the Authority.
6. The Authority shall implement rules on sharing such investigative results with any other law enforcement agencies or regulatory authorities.
7. The Authority may elect to conduct further evaluations of the investigative results at any time for verification or for other purposes reasonably related to sanitation, public health, or public safety.
G. The failure of any licensed medical marijuana business to cooperate with the provisions of this section may result in the revocation of the license at the discretion of the Authority.
H. Any secret shopper performing any provision of this section shall not be required to fulfill licensing requirements of Section 420 of this title for a patient license and shall be able to enter a dispensary with appropriate authorization as determined by the Authority.
I. The Authority shall implement rules necessary to enforce the provisions of this section.
Added by Laws 2022, c. 352, § 1, eff. July 1, 2024. Amended by Laws 2023, c. 322, § 11, emerg. eff. June 1, 2023.