A one-month comment period for permanent rules affecting Oklahoma’s medical marijuana industry closes at 5 p.m. Dec. 15. The rules are largely unchanged, Oklahoma Medical Marijuana Authority officials say.
“The rules combine OMMA’s permanent rules that took effect Sept. 11, along with emergency rules that took effect this summer,” according to the agency. The rules incorporate three pieces of legislation that went into effect Nov. 1, including making OMMA independent from the State Department of Health.
Commercial growers are prohibited from being within 1,000 feet of a school, including technology centers. A moratorium began Aug. 1 for new business licenses, affecting processors, dispensaries and commercial growers. A summary of further changes is available at bit.ly/ommarulechanges.
Business entities affected by the proposed rules are encouraged to provide detailed information on revenue losses or cost increases, direct or indirect, expected due to compliance.
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Comments from individuals or those with business interests may be submitted via omma.ok.gov/rules or to Oklahoma Medical Marijuana Authority, P.O. Box 262266, Oklahoma City, OK 73126.
There also will be an opportunity for in-person public comment at 9 a.m. Thursday, Dec. 15, in Room 535 of the Oklahoma Capitol. Anyone who wishes to speak must sign in at the door by 9:05 a.m. The meeting will be livestreamed and recorded on the Oklahoma Senate website.
After the close of public comment, the OMMA will compile a summary with an explanation of changes or lack of any changes made in the proposed rules. The subsequent report will be submitted to the governor and Legislature during the next step of the rule-making process.
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10 things that are still illegal under Oklahoma’s medical marijuana laws
Can’t get a prescription for marijuana
Marijuana is listed as a schedule 1 controlled substance in federal law, so it cannot be prescribed, only “recommended.”
A Ninth Circuit Court ruling ensures protection for doctors who issue recommendations to patients who may benefit from cannabis-based treatments, but federal law precludes doctors from “aiding and abetting” patients obtaining marijuana. This means doctors and patients cannot discuss dosages, strains or specific cannabis products for treating a specific ailment. Doctors instead fill out a form indicating they have discussed the risks of marijuana use with the patient and feel the benefits are worth the treatment.
Some patients who see physicians for pain and are treated with opioids also may not be able to do so and use medical marijuana as a licensed patient.
Can’t use marijuana in the workplace or be impaired on the job
State Question 788 says only that an employer may not discriminate against an employee simply because of their status as a medical marijuana patient. This means that simply having a license cannot be grounds for termination or discipline. That employer can still, however, write and enforce rules that restrict the use of marijuana by employees just like any other controlled substance. No patients would be protected if they come to work high, use marijuana in the workplace or attempt to do their job while impaired.
Can’t transport marijuana across state lines
Patients who obtain medical marijuana cards in other states may purchase from dispensaries there, but the products may not be brought back to Oklahoma. Nor could a patient travel to a state with a recreational marijuana law and bring any legally obtained products back to Oklahoma. Those patients who plan to cultivate marijuana at their own homes would also not be permitted to obtain seeds from another state.
Can’t get a doctor’s recommendation inside a dispensary
A change to the law made it illegal to post a physician inside a medical marijuana dispensary, as this one did, for customers to sign up as patients inside the retail business operation.
Can’t try the product while shopping
The use of any cannabis product is prohibited inside a licensed medical marijuana business, so patients should not expect samples like what some CBD shops have been able to offer.
Can’t smoke marijuana where tobacco also prohibited
The law makes cannabis like tobacco when it comes to public consumption by falling under the Smoking in Public Places and Indoor Workplaces Act.
Can’t give marijuana away
Nothing in the law allows for patients to transfer ownership of marijuana. Patients cannot donate or sell marijuana, even to other patients. Licensed patients may cultivate marijuana on their own residential property or, with written permission, on rented property. They cannot grow outdoors unless the plants are surrounded by a locked 6-foot fence. If the yield of the plants at harvest surpasses the legal amount that may be in a patient’s possession, the marijuana must be either processed or destroyed. Patients may process their own marijuana for concentrates or edibles but would not be permitted to perform extractions using butane.
Can’t drive while impaired on marijuana
Although it is legal for patients to have a certain amount of marijuana on their person, if that patient is behind the wheel, a law enforcement officer will evaluate whether the person is at all impaired. Driving while under the influence remains illegal even for medical marijuana patients.
Can’t possess an excessive amount of marijuana
A patient remains within the legal guidelines if they possess no more than 3 ounces of marijuana on their person and 8 ounces at their residence, 1 ounce of concentrated marijuana, and 72 ounces of edible marijuana. If caught exceeding those limitations, a patient would lose their license and could face criminal charges including intent to distribute or trafficking.
Can’t smoke where you’re told not to
Renters have no legal right to smoke medical marijuana, even with a patient card, if the landlord/owner issues rules for residents that prohibit smoking.
