§ 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 total 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 total 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 total 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. Upon a sample collection verifying a compliant delta-9 tetrahydrocannabinol concentration, the licensee shall harvest within thirty (30) days of sample collection. 2. Remediation shall occur on the facility of the licensee. Noncompliant industrial hemp shall not leave such facility until a compliant test is conducted by the Department or a lab approved by the Department. 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 may 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 if the licensee meets the requirements for compliant hemp with a total delta-9 tetrahydrocannabinol concentration not more than three- tenths of one percent (0.3%). 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.

Legislative History

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; Laws 2024, c. 266, § 2, eff. Nov. 1, 2024.