OKLAHOMA CITY — Pressure is mounting at the Oklahoma Legislature to rebid a contract with the state’s seed-to-sale marijuana tracking system.
Lawmakers and cannabis businesses have complained that the current tracking system, implemented by Metrc on behalf of the Oklahoma Medical Marijuana Authority, is confusing and has caused problems for those trying to follow the law.
Bills have been filed in both the Oklahoma House and Senate that would force the authority to rebid the contract. State Rep. Scott Fetgatter, R-Okmulgee, has called the current system “a disaster.”
“We have thousands of Oklahoma businesses that were damaged financially because of the inability of OMMA and Metrc to either communicate or get their act together,” he told The Oklahoman last month.
Approximately 1 in 5 businesses regulated by OMMA were issued $500 fines last year because the agency said they had not set up the proper account with Metrc. While many of these were probably businesses that existed only on paper, The Oklahoman spoke with owners who said they were confused by the rules or shouldn’t have been required to set up a Metrc account in the first place.
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Fetgatter’s House Bill 1347 would give OMMA 30 days to ask for proposals and pick a winning bid.
Another bill originating in the Senate would give cannabis businesses a choice of tracking services to use. The authority would select three to five services for them to pick from. Senate Bill 177 also would let OMMA decide whether to pick the vendors through a competitive bidding process.
The author of that bill is state Sen. Cody Rogers, R-Catoosa.
“I believe capitalism works. You need to open it up to the free market and not let just one individual company dictate the seed-to-sale tracking system for the state of Oklahoma and the industry,” Rogers said. “You can’t go anywhere else.”
State lawmakers have filed dozens of cannabis industry bills ahead of this year’s legislative session that begins Feb. 6.
The proposed legislation reflects the industry’s continued significant presence in Oklahoma, and in some ways anticipates more growth of the industry if voters approve the March 7 statewide referendum on recreational marijuana.
Potency limits: Senate Bill 440 gives the Oklahoma Medical Marijuana Authority director power to set limits on the potency of THC, the primary psychoactive compound found in marijuana. The maximum allowable potency for the common form of THC known as delta-9 would be 30% for plant-based marijuana and 60% for marijuana products, like concentrates and distilled liquids used in vape pens. Distillates often test near 70-80% THC because they contain little else; the language of SB440 provides no detail for what kinds of filler may be used to comply with potency limits.
Location restrictions: House Bill 1014 prohibits new medical marijuana dispensaries from being established within 900 feet of most places of worship. Another bill filed in the Senate includes the same limits at 1,000 feet.
Cannabis as agriculture: Most agricultural enterprises are exempt from state nuisance laws. House Bill 1457 clarifies that the cultivation of marijuana falls outside of those exempted activities. Senate Bill 133 prohibits marijuana farms from receiving agricultural tax breaks, and Senate Bill 913 would require growers to maintain a $25,000 bond.
Temporary licenses: House Bill 1350 creates a new temporary business license. Businesses would have to first acquire the temporary license and meet all OMMA regulations before becoming a fully licensed cannabis business. This would delay their ability to grow, process, transport or sell medical marijuana until the authority grants an annual license.
Conflicts of interest: House Bill 1616 requires any elected or appointed official serving in state, county or city government who has ownership in a medical marijuana business, or conflict of interest, to notify OMMA.
Product testing: House Bill 1552 would put the Oklahoma Medical Marijuana Authority between growers and the labs that test marijuana for compliance. Instead of growers sending test batches directly to labs, an authority compliance officer would pick up the samples and transport them to the lab. Another measure, Senate Bill 813, would allow OMMA to operate its own compliance laboratory. OMMA already contracts with a quality assurance laboratory, Metis.
Marijuana doctors: Two bills by state Sen. Jessica Garvin, R-Duncan, would add limits to the recommendation process. Doctors who recommend medical marijuana would have to include their name in a registry, follow new continuing education requirements and see patients in person unless the patient is homebound. Dispensary workers would also have to meet OMMA’s educational requirements.
February 2022 video: Medical marijuana industry ‘causing major problems,’ Stitt says
Feb. 7, 2022 video. Oklahoma Gov. Kevin Stitt delivered his State of the State address at the state Capitol.
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.
