Senate approves measure strengthening penalties for marijuana diversion

OKLAHOMA CITY – The Senate has given final approval to Senate Bill 1367, which increases the penalties for those who purchase medical marijuana and then sell the product to non-cardholders. The measure now heads to the governor’s desk for his signature.

Sen. Lonnie Paxton, R-Tuttle, authored the legislation he said will fix a loophole that only designates the practice of diverting medical marijuana product as an administrative fine.

“As many Oklahomans know, when State Question 788 was passed to legalize medical marijuana, we were quickly thrown into a situation where we needed to create the framework and guidelines for this industry,” Paxton said. “Unfortunately, this led to the inadvertent mixing of medical marijuana legislation and criminal justice reform legislation, resulting in the ability for someone to buy marijuana product legally, but then re-sell it to a child or someone who doesn’t have their card, with only an administrative fine. Ultimately, this is drug dealing, but only with the equivalent offense of a traffic ticket. SB 1367 fixes this loophole and makes this practice a criminal offense.”

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