Making the Case for Medical Marijuana

[heironymouspasparagus]

Pawhuska OR'ed the guys today.   The way they were treated is a disgrace.   Good job, Oklahoma...gonna attract a lot of attention with that one, too!   Sadly, all the wrong attention.

[patric]

Pawhuska OR'ed the guys today.   The way they were treated is a disgrace.   Good job, Oklahoma...gonna attract a lot of attention with that one, too!   Sadly, all the wrong attention.

A prosecutor in the marijuana trafficking case against four hemp transporters purportedly told defense attorneys the state would dismiss the matter if samples tested at 0.5 percent THC or less — but charges remain in place despite a federal analysis finding just that.

Assistant District Attorney Michelle Bodine-Keely told defense attorneys "'that if the THC level of the hemp is 0.5% or less then we would drop the charges against these guys' and 'we would release' the hemp-merchandise," according to a defense letter hand-delivered last week to the Osage County District Attorney's Office.

The conversation reportedly included three defense attorneys and took place Jan. 10, the day after four men were arrested by Pawhuska police and the 9-ton shipment was seized during a traffic stop.

"I am confused as to why you have changed your position and are continuing with prosecuting men that truly could have not had any knowledge that this small margin of error had occurred," Tulsa defense attorney Paul Brunton said in the letter.

The state statute used by the District Attorney's Office to charge the four men defines marijuana as a "mixture or substance containing a detectable amount of marihuana," using an alternative spelling.

"You seem to be convinced that my clients were knowingly and nefariously shipping hemp or, from your perspective, what would amount to be the worst quality of marijuana in the United States to Colorado, a state which grows and cultivates some of the most potent strains of marijuana in the world," Brunton wrote.

https://www.tulsaworld.com/news/local/government-and-politics/prosecutor-allegedly-said-samples-at-thc-or-less-would-end/article_6e537f66-13bf-5e85-9e98-d6bf36527582.html

City of Pawhuska fires police chief as OSBI investigation into misconduct continues
https://www.tulsaworld.com/news/state-and-regional/city-of-pawhuska-fires-police-chief-as-osbi-investigation-into/article_c4853064-47c6-5e20-a69c-29990bce4dce.html

[heironymouspasparagus]

The conversation reportedly included three defense attorneys and took place Jan. 10, the day after four men were arrested by Pawhuska police and the 9-ton shipment was seized during a traffic stop.

But we CAN attract big companies and get good jobs - especially from some of those states that have legalized pot...!!

I still see no hope of us getting better.  We just elected Stitt...plus the rest of the Clown Show in OKC.

[patric]

A House working group has been tidying regulatory framework but overlooking gaping loopholes with conflicting law.

Medical marijuana 'Unity Bill' clears Oklahoma House committee
https://www.tulsaworld.com/news/local/marijuana/medical-marijuana-unity-bill-clears-oklahoma-house-committee/article_8644cbb4-52c8-58d4-b1f7-3ebfe4ef8d71.html

Currently, Oklahoma has a zero-tolerance law saying that any positive test for THC, the psychoactive component in marijuana, or its metabolites is considered driving under the influence. The language of SQ788 fails to exempt licensed patients from that law, nor does it provide a legal limit for THC in the blood while operating a vehicle.
https://www.tulsaworld.com/news/state-and-regional/medical-marijuana-vote-spurs-concerns-about-impaired-driving-issue-not/article_06d9ed0a-20a0-5218-81d3-9ad7b1e8131b.html

47 OS § 11-902 says a person is DUI if they have any amount of a Schedule I or other controlled substance or one of its metabolites or analog in their blood, saliva, urine or any other bodily fluid at the time.
http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=439901

Poppy seed bagel for breakfast?  Busted.  Feeling anxiety during a traffic stop?  Endorphans are morphene.  Busted.

Everybody is Guilty Under Oklahoma's Zero-tolerance Metabolite DUI-D Law
https://www.wirthlawoffice.com/tulsa-attorney-blog/2013/10/everybody-guilty-oklahomas-zero-tolerance-metabolite-dui-d-law

[patric]

The crew apparently stuck around for hours working with the various officials trying to work this out, which I assume would have included calls to both the supplier and customer, but were still arrested.

What's telling to me is that they were offered the chance to leave, but authorities wanted to keep the truck.   If were not about forfeiture, the cops could have simply recorded everything, taken a sample of load, and sent them on their way.  Charges could be pressed later, if needed. But then the locals don't have the truck to sell later.

There is no way a law enforcement person could possibly think that was actual marijuana for distribution. I mean, look at it.  At "best", they may have thought they could gin something up related to the THC content not testing low enough, but that's a stretch.   They just wanted to keep the truck, or they are complete idiots, or both.

PAWHUSKA — Osage County's district attorney dropped the marijuana trafficking case against two drivers of a hemp shipment seized in Pawhuska, but the security personnel who accompanied them continue to face prosecution.

"We have an individual grower who was from the state of Kentucky, who's not licensed in the state of Oklahoma, who has not conformed with our laws. And federal law provides us some control over that," Osage County District Attorney Mike Fisher said in reference to his stance that the cannabis material is not legal hemp, which requires no special transport licensing.
The Agriculture Improvement Act of 2018, more commonly known as the Farm Bill, removed hemp from the Controlled Substances Act effective in December; it does not impose prohibitions on transport or shipment of hemp across state lines.

Attorney Matt Lyons, who represents Ross and Dirksen, contends the two had the appropriate paperwork to help monitor the shipment until its end destination. The U.S. military service veterans now face charges, he said, that carry between 15 years and life imprisonment.

All 60 samples in the truck were tested by Redlands University here in the state of Oklahoma, and those results were the reason we chose to proceed," Fisher said.

https://www.tulsaworld.com/news/local/marijuana/da-persists-with-marijuana-trafficking-case-upon-new-test-results/article_8c2af5b2-912d-5d08-91ab-a6ffdbe1163c.html

Prosecutor lied about THC tests
https://www.tulsaworld.com/news/state-and-regional/district-attorney-hangs-marijuana-trafficking-case-on-testing-that-college/article_7f4097fd-87a9-5010-96d7-cfa45ec6f3aa.html


Prosecutors to drop marijuana-trafficking charges against two hemp security officers, according to defense attorney

https://www.tulsaworld.com/news/state-and-regional/prosecutors-to-drop-marijuana-trafficking-charges-against-two-hemp-security/article_919ebb4b-a679-578c-a356-440f98c26aaa.html
https://www.tulsaworld.com/news/state-and-regional/da-drops-marijuana-trafficking-case-in-pawhuska-amid-ongoing-questions/article_adc2f17b-d224-51a9-97d3-df294e2787d4.html

In a nutshell, Osage County District Attorney Mike Fisher wants to look generous by dismissing the 7-month old case (and he he wont have to defend his actions in front of a judge).

https://www.tulsaworld.com/news/state-and-regional/prosecutors-double-down-on-contention-that-federal-tests-show-seized/article_3c4cae58-4336-541f-83d4-3bdaa2f0598d.html


Fisher's case began to fall apart when he refused to go public with real facts. Facts like who actually tested the evidence and what types of testing were done. Fisher told Tulsa Radio KFAQ the "Redlands University" provided the test results. But there is no such entity as a university called 'Redlands'.
https://www.soonerpolitics.org/editorial/pawhuska-hemp-prosecution-falls-apart

[patric]

A complaint filed in federal court alleges that a Farm Service Agency official in Oklahoma has been lying to and threatening farmers who express interest in growing hemp under an official state program.

In place since April 2018, the Oklahoma Industrial Hemp Pilot Program was established to allow for crop research while the product was still considered an illegal drug under the federal Controlled Substances Schedule. The U.S. Farm Bill, signed late last year, removed hemp from the schedule, ensuring farming and commerce could proceed without the threat of federal prosecution as long as the product does not exceed 0.3% THC.
https://www.tulsaworld.com/news/state-and-regional/federal-lawsuit-alleges-official-is-lying-to-farmers-to-deter/article_ccf94c68-2dde-57cf-8f9b-e889d3805295.html

[patric]

Meet some of the patients whose lives changed as 90,000 Oklahomans have gotten medical marijuana licenses
https://www.tulsaworld.com/news/local/marijuana/for-meet-some-of-the-patients-whose-lives-changed-as/article_7c1a3c1e-3865-527c-a525-5f5cb3c61005.html


Oklahoma governor signs bill for commercial hemp production
https://www.tulsaworld.com/news/local/government-and-politics/oklahoma-governor-signs-bill-for-commercial-hemp-production/article_f19677cd-5851-554c-8e7a-10834192d10d.html

[Conan71]

Oklahoma has a Governor who likes schwag weed now, eh? 

[heironymouspasparagus]

Oklahoma has a Governor who likes schwag weed now, eh? 

We like our "businessmen" politicians crooked and dirty, so he fits right in!!

[patric]

Shocking headline:

Many drivers who test positive for marijuana have a child in the car, survey finds
https://www.nbcnews.com/health/health-news/many-drivers-who-test-positive-marijuana-have-child-car-survey-n998496


now the fine print:

The study does not show, however, how many of the drivers were impaired as having THC in the blood doesn't mean a person is high, acknowledged Eichelberger.
"Cannabis is unique among all drugs as it is detectable for weeks after exposure, so a positive test might only indicate that a person was exposed weeks prior to the test and so it is unlikely that the presence of THC in their system has any influence on their current ability to drive a car."  @metabolites

https://www.newsweek.com/cannabis-washington-state-driving-1403398

[patric]

Oklahoma medical marijuana sales top $18 million in April; 104,000 patients licensed

https://www.tulsaworld.com/news/local/marijuana/oklahoma-medical-marijuana-sales-top-million-in-april-patients-licensed/article_7db623b8-a968-5c00-a267-9ae93a9e7ef2.html

[patric]

Woman arrested for bringing doctor-recommended CBD oil to Disney World
https://mashable.com/article/woman-arrested-cbd-oil-disney-world/

Hester Burkhalter, 69, was arrested on Apr. 15 and charged with felony possession of hashish. The Tampa Bay Times reports that Burkhalter was stopped at a bag check just outside of Magic Kingdom that morning, and Disney security found her 1-ounce bottle of peppermint-flavored CBD tincture. In photos obtained by Orlando's Fox 35, the bottle is labeled as 1000 mg of CBD and 0 mg of THC.

The police report, as seen in Fox 35's video, shows the police officer used a presumptive test on Burkhalter's CBD tincture. Presumptive tests can't specify a substance, but indicate the possibility of its presence. In this case, the test turned red, which indicated that THC might have been present. While presumptive tests are cheaper and yield faster results, they can be inaccurate and give false positives. The FDA recommends using confirmatory testing, which is more costly and takes longer but can "obtain a confirmed analytical result" by identifying specific substances.

[patric]

A Tulsa attorney said he plans to sue after Oklahoma Gov. Kevin Stitt signed a bill requiring commercial medical cannabis licensees to work with a waste disposal company when they need to discard certain products.

Stitt on Thursday signed Senate Bill 882, called the Oklahoma Medical Marijuana Waste Management Act, which establishes policies for applying for and obtaining a medical marijuana waste disposal license. The act allows for the issuance of 10 waste disposal licenses, which will cost $5,000 each.


Its marijuana, folks, not plutonium.



https://slate.com/news-and-politics/2008/01/why-does-the-mafia-get-involved-in-hauling-garbage.html

[heironymouspasparagus]

A Tulsa attorney said he plans to sue after Oklahoma Gov. Kevin Stitt signed a bill requiring commercial medical cannabis licensees to work with a waste disposal company when they need to discard certain products.

Stitt on Thursday signed Senate Bill 882, called the Oklahoma Medical Marijuana Waste Management Act, which establishes policies for applying for and obtaining a medical marijuana waste disposal license. The act allows for the issuance of 10 waste disposal licenses, which will cost $5,000 each.


Its marijuana, folks, not plutonium.



https://slate.com/news-and-politics/2008/01/why-does-the-mafia-get-involved-in-hauling-garbage.html

How else to get their piece of the pie...?   Graft and corruption.  Not just the American Way, it's the Oklahoma Way!!

[patric]

To date, medical marijuana sales have generated nearly $10.7 million for state coffers.

https://www.tulsaworld.com/news/local/marijuana/medical-marijuana-sales-soaring-in-oklahoma-top-m-in-may/article_2d2ee6e1-4962-558e-9fa5-2c41e66f5b7e.html