Making the Case for Medical Marijuana

[Conan71]

Using the pressure of being bribed as a defense to concocting a fake threat to your life is an interesting approach.  And how does the state Pharmacy Board pays its general counsel more than the Health Dept.?

Kickbacks from opiate manufacturers?

[patric]

I wonder if Tulsa leadership is even going to take this seriously.



Enid leaders change city ordinance regarding marijuana, drug paraphernalia

ENID, Okla. – After voters approved a state question regarding medical marijuana, city leaders in Enid were forced to change the municipal code.

Under State Question 788, a person 18 years or older would need to apply for a medical marijuana license with the Oklahoma State Department of Health after receiving a note from their doctor. If approved, the patient would then have to pay $100 to obtain that license.

Patients would be allowed to legally possess up to 3 ounces of the drug on them, six mature plants and six seedlings. They could also possess one ounce of concentrated marijuana, 72 ounces of edible marijuana and 8 ounces of marijuana in their home.

Those caught with up to 1.5 ounces of marijuana who "can state a medical condition, but not in possession of a state issued medical marijuana license" could face a misdemeanor charge and a fine not to exceed $400.

The approved ordinance mirrors the language of the state question, meaning the fine for marijuana possession without a medical license has been dropped to $400 or less.

It also repeals the drug paraphernalia offense.

"Drug paraphernalia have become increasingly difficult to figure out what it's for. Are the papers that you get at the shop, is that for the tobacco or is it for the marijuana? Or is it for a third thing? There aren't very many prosecutions, and it will get increasingly more difficult with legal medical marijuana so the thought that the chief and I had is, 'Let's just forget about it, and let's see if it's a humongous problem.' Our thought, just nix it," Enid City Attorney Carol
Lahman told the Enid News & Eagle.

The ordinance will go into effect almost immediately since the state question is set to go into effect on August 2.

https://kfor.com/2018/07/19/enid-leaders-change-city-ordinance-regarding-marijuana-drug-paraphernalia/

[patric]

More news


The Oklahoma State Bureau of Investigation has opened an inquiry into whether the executive director of the Board of Pharmacy bribed the former general counsel for the Department of Health in hopes of gaining favorable medical marijuana rules.

The news, confirmed Friday by OSBI Public Information Officer Jordan Solorzano, comes the same day a Tulsa attorney said Chelsea Church and Julie Ezell will be added as defendants in Green the Vote's lawsuit over implementation of State Question 788.

https://www.tulsaworld.com/news/marijuana/osbi-confirms-inquiry-into-allegations-of-attempted-bribery-by-board/article_51f1550b-2263-5621-99c1-6871360e9742.html#tncms-source=article-nav-next











OKLAHOMA CITY – A trade organization on Friday released a massive draft of a bill to implement medical marijuana as controversy continues to surround rules adopted by a state panel.

Bud Scott, executive director of New Health Solutions Oklahoma, said the board's rules were designed to effectively kill medical marijuana in the state.

He has called for lawmakers to return in a special session to craft a bill to implement it. Fallin has said she will not call lawmakers into a special session, but two-thirds of the legislature could call a special session.

Scott on Thursday released a 287-page draft bill he said could be used to implement medical marijuana.

The legislation has a prohibition against any arbitrary limits on THC, the psychoactive ingredient in marijuana, Scott said.

"The only THC limit is per edible serving and that is a fairly well established standard now — 10 milligrams per serving cap and 100 milligrams per package," Scott said.

The bill would allow for smoking and vaping as a delivery method, Scott said. Some patients have to have an immediate delivery system, Scott said.

The bill calls for a $2,500 medical marijuana business license that applies to a dispensary, cultivation facility, product manufacturer, transporter and a laboratory. It is one license for each, he said.

The bill would limit growing facilities to 20,000 square feet to protect local growers, Scott said.

Nationally, companies mainly Wall Street-backed are growing in 100,000-square foot facilities that are fully automated, which drives the price down, Scott said.

"They run everyone out of the business," Scott said, adding that it is important the state get its own industry established first.

The legislation also addresses firearms, Scott said. Under the bill, a medical marijuana licensee shall not be denied the right to possess a gun based solely on their status as a licensee, Scott said.

He said the legislation has protections for businesses, allowing them to prohibit use for an employee engaged in certain activities, such as the operation of heavy equipment.

The bill does not require insurers to reimburse a patient for costs associated with the use of medical marijuana.

In addition, landlords may ban smoking as a delivery method on their premises, Scott said.

The measure would prohibit cities from passing ordinances stricter than what is in State Question 788, but would allow them to put restrictions on locations and numbers of dispensaries. "They can say we prefer we don't have a dispensary every three blocks," Scott said.

The measure creates a new, free-standing agency called the Oklahoma Medical Marijuana Authority, Scott said. It will be funded by the license fees and tax revenues.

The state question imposes a 7 percent tax, but the door is open for additional taxes by various entities, Scott said.

Senate Minority Leader John Sparks, D-Norman, said he thinks another draft of board rules will be released.

If the new rules are consistent with State Question 788, no special session would be needed, Sparks said. "But if the board refuses to acknowledge the policy choice of the people as reflected in the vote then we absolutely should, whether the governor will call a special session or not," Sparks said.


https://www.tulsaworld.com/news/marijuana/medical-marijuana-supporters-tout-model-regulatory-legislation/article_2d771304-e08c-5ecb-b282-d65b7ca54337.html

[heironymouspasparagus]

More news



The legislation also addresses firearms, Scott said. Under the bill, a medical marijuana licensee shall not be denied the right to possess a gun based solely on their status as a licensee, Scott said.

This is not just a state problem - it is Federal.  And we all have seen what Sessions wants to do...

[patric]

This is not just a state problem - it is Federal.  And we all have seen what Sessions wants to do...

DEA wont move to reschedule it until Congress takes them by the hand.


Locally:
State Question 788 takes effect Thursday, but with emergency rules providing an extra 30 days for the state to establish the regulatory framework, that date now means only one thing: Most simple marijuana possession crimes will be punishable only by a $400 fine.
https://www.tulsaworld.com/news/marijuana/state-question-takes-effect-this-week-what-do-you-need/article_c8ff67c0-0d9f-521a-8e95-0172881de3b4.html

The loophole of course is our sham DUI law that says you are "intoxicated" if you are cold sober but have even a trace of metabolites in your system, which scientifically is only evidence of exposure but not intoxication.

Meanwhile the constitutional petitions are making more ground:
https://www.tulsaworld.com/news/marijuana/about-signatures-needed-to-get-recreational-marijuana-on-ballot-organizers/article_5716d1f1-a055-5647-8866-9cfc0bdcf87f.html

[patric]

Kickbacks from opiate manufacturers?

Pharmacy board terminates executive director amid bribe investigation
https://www.tulsaworld.com/news/marijuana/pharmacy-board-terminates-executive-director-amid-bribe-investigation/article_cd366c10-71c7-5be1-bfa8-00567ae06645.html

OKLAHOMA CITY — The Oklahoma State Board of Pharmacy in a special meeting Wednesday voted to terminate effective immediately its embattled executive director Chelsea Church.

Church is under investigation by the Oklahoma State Bureau of Investigation for allegedly offering the former general counsel of the Oklahoma State Department of Health, Julie Ezell, a bribe in an effort to influence rules to implement medical marijuana.

Allegedly Ezel didnt take a bribe to surreptitiously insert specific, controversial language into the proposed rules for medical marijuana, yet those rules found their way into the document presented to the governor for her signature.
Was Ezel the only one offered a bribe?




The original health board rules are wrong because they are undemocratic. They clearly defy the voters' choices, and they must be revised to come back into agreement with the language of SQ 788. The pending question is: How do we best get there?

We're back to thinking the health board might get it right, although we frankly don't have much faith in anyone involved in the process at this point. The board needs to reconvene quickly, fix its mistakes and get out of the way of popular sovereignty.

Otherwise, we're back to relying on the Oklahoma Legislature to fix the problem, which is leaning on a broken crutch.
https://www.tulsaworld.com/opinion/editorials/tulsa-world-editorial-one-way-or-another-the-health-board/article_d6e39081-cf44-5464-9bd8-5f97ac9de654.html


...or just taking it out of the legislature's hands by enshrining medical marijuana in the constitution.

Sign the petition.  Here's where you can:

http://gtvok.com/  or  http://bit.ly/potpetitionlocations

[patric]

As of today, possession of less than an ounce and a half is just a ticket.



The Tulsa Police Department on Wednesday issued the following statement on the medical marijuana measure, which goes into effect today:

"State officials are still convening regarding the regulations and implementation of SQ788. Without a state-issued medical marijuana license, possession and distribution of marijuana is illegal. As such, the Tulsa Police Department will continue to uphold the law as it relates to marijuana. This is a fluid situation and the Tulsa Police Department will be following the state's decision closely for when the regulations and law changes, and licenses are issued.

"Respectfully, we will not be entertaining interviews in reference to this topic at this time."

https://www.tulsaworld.com/news/marijuana/as-cannabis-groups-talk-medical-marijuana-legislators-ask-why-force/article_3bd2a404-a658-5b20-a3dd-1d033c440fe7.html

SQ 788 also provides that people who do not have a medical marijuana license but who "can state a medical condition" have only committed a misdemeanor if they possess up to 1.5 ounces of marijuana.
That is the law now. Other parts of the bill might be "a fluid situation" but there is no need to wait for "the state's decision" to uphold what legally went into effect today.

https://www.tulsaworld.com/opinion/waynegreene/wayne-greene-justice-demands-that-oklahoma-find-a-merciful-option/article_8edfc117-7ae7-537d-b5bb-fe34a1ea73ad.html

[heironymouspasparagus]

RCMP - the Canadian Mounties - are retiring their marijuana sniffing dogs this week.  See...there are civilized countries in the world.!!

[patric]

RCMP - the Canadian Mounties - are retiring their marijuana sniffing dogs this week.  See...there are civilized countries in the world.!!

The State Health Board released a draft of new, revised, non-bribery-influenced proposed rules, that include:


• No ban on smokable medication.

• No THC limits would be imposed on cultivators.

• Dispensaries would be able to sell on Sundays.

• No Pharmacist requirement.

• Doctors would not be required to issue pregnancy tests for female patients seeking medical marijuana recommendations; the new rules would only ask that the doctors ascertain a woman's pregnancy status.

• Churches would be removed from the section stating that medical marijuana businesses may not be located within 1,000 feet of a school.

http://omma.ok.gov/Websites/ddeer/images/310-681%20Medical%20Marijuana%20Rules%207-25-18%20Master%20Copy_clean.pdf

https://www.tulsaworld.com/homepagelatest/new-draft-of-medical-marijuana-emergency-rules-restores-smokables-removes/article_cc23e612-e156-5c1c-a320-9595b5ca87b4.html

[Conan71]

The State Health Board released a draft of new, revised, non-bribery-influenced proposed rules, that include:


• No ban on smokable medication.

• No THC limits would be imposed on cultivators.

• Dispensaries would be able to sell on Sundays.

• No Pharmacist requirement.

• Doctors would not be required to issue pregnancy tests for female patients seeking medical marijuana recommendations; the new rules would only ask that the doctors ascertain a woman's pregnancy status.

• Churches would be removed from the section stating that medical marijuana businesses may not be located within 1,000 feet of a school.

http://omma.ok.gov/Websites/ddeer/images/310-681%20Medical%20Marijuana%20Rules%207-25-18%20Master%20Copy_clean.pdf

https://www.tulsaworld.com/homepagelatest/new-draft-of-medical-marijuana-emergency-rules-restores-smokables-removes/article_cc23e612-e156-5c1c-a320-9595b5ca87b4.html

Bowing to the will of the people? Say it ain't so.

[Hoss]

Bowing to the will of the people? Say it ain't so.

What a concept, right?

[patric]

Bowing to the will of the people? Say it ain't so.

For some bureaucrats and unelected officials, the 'will of the people' aint so.



Amid questions on legal enforcement of medical marijuana law, top state lawmaker advises to 'follow the expressed instruction of voters'

State Question 788, following the passage in 2016 of State Question 780, took another step toward decriminalizing marijuana use by reducing the criminal penalty for those without proper licensing who can cite a medical condition.

However, because neither resulted in a overhaul of state drug or paraphernalia possession laws, attorneys in Tulsa County have said jail time for marijuana possession remains a possibility until or unless the Legislature acts to clean up existing statutes.

House Majority Floor Leader Jon Echols, R-Oklahoma City, said Friday that continued aggressive prosecution of simple marijuana possession is clearly contrary to the spirit of both measures. Echols is a co-chairman of the bipartisan, bicameral group working on SQ 788 regulations.

"The citizens have now told us twice they don't want nonviolent drug offenders going to prison," he told the Tulsa World.

The possession provision of SQ 788 took legal effect Thursday. It mandates a $400 fine for marijuana users who have 1½ ounces or less and who do not have a patient license but provide a medical condition to authorities.

https://www.tulsaworld.com/news/marijuana/amid-questions-on-legal-enforcement-of-medical-marijuana-law-top/article_33468ab4-eaea-51b1-82c0-3da22aa23997.html


...and yet someone has apparently figured it out:

City commission makes code changes related to marijuana
https://www.enidnews.com/news/local_news/city-commission-makes-code-changes-related-to-marijuana/article_36833d9b-2d03-57ab-8455-f5f4746af201.html

Complete ordinance:  https://bloximages.chicago2.vip.townnews.com/enidnews.com/content/tncms/assets/v3/editorial/5/c9/5c950c5c-8b6c-11e8-b9a1-bf987f1c6d81/5b50b5078568b.pdf.pdf

[Conan71]

For some bureaucrats and unelected officials, the 'will of the people' aint so.



Amid questions on legal enforcement of medical marijuana law, top state lawmaker advises to 'follow the expressed instruction of voters'

State Question 788, following the passage in 2016 of State Question 780, took another step toward decriminalizing marijuana use by reducing the criminal penalty for those without proper licensing who can cite a medical condition.

However, because neither resulted in a overhaul of state drug or paraphernalia possession laws, attorneys in Tulsa County have said jail time for marijuana possession remains a possibility until or unless the Legislature acts to clean up existing statutes.

House Majority Floor Leader Jon Echols, R-Oklahoma City, said Friday that continued aggressive prosecution of simple marijuana possession is clearly contrary to the spirit of both measures. Echols is a co-chairman of the bipartisan, bicameral group working on SQ 788 regulations.

"The citizens have now told us twice they don't want nonviolent drug offenders going to prison," he told the Tulsa World.

The possession provision of SQ 788 took legal effect Thursday. It mandates a $400 fine for marijuana users who have 1½ ounces or less and who do not have a patient license but provide a medical condition to authorities.

https://www.tulsaworld.com/news/marijuana/amid-questions-on-legal-enforcement-of-medical-marijuana-law-top/article_33468ab4-eaea-51b1-82c0-3da22aa23997.html


...and yet someone has apparently figured it out:

City commission makes code changes related to marijuana
https://www.enidnews.com/news/local_news/city-commission-makes-code-changes-related-to-marijuana/article_36833d9b-2d03-57ab-8455-f5f4746af201.html

Complete ordinance:  https://bloximages.chicago2.vip.townnews.com/enidnews.com/content/tncms/assets/v3/editorial/5/c9/5c950c5c-8b6c-11e8-b9a1-bf987f1c6d81/5b50b5078568b.pdf.pdf

Echols is a "burner" apparently because he gets it.  It's been rumored for years that (as much as we don't like her) Gov. Failin' is a part of the same caravan. 

I'm wondering if the attorney for the health board thought she would never be caught a) taking bribes from the director of the pharmacy board or b) never thought anyone would police her own email account for self-generated threats?

The whole process has been an embarrassing enlightenment as to how misinformation and wrong-headed hyperbole continue to dominate the thought in Oklahoma politics and bureaucracy but I'm very glad to see how quickly it was remediated.

[heironymouspasparagus]

Bowing to the will of the people? Say it ain't so.

Not really - just looking for another approach to thwart the will of the people...

[patric]

Latest (Health Board) draft of medical marijuana rules could be 'nearly impossible' for businesses to follow, attorney for group says.
Attorney for advocates say conflicts with statutes could prevent legal sales ... says they in reality incorporate "volumes upon volumes" of unnecessary regulations for commercial licensees.

https://www.tulsaworld.com/news/marijuana/latest-draft-of-medical-marijuana-rules-could-be-nearly-impossible/article_585748b4-5d36-5d6b-94fc-49c03fbbab67.html




...which is why we still need to take it out of those hands and make it a part of the constitution.  We are much closer to that now:


Green The Vote announced Sunday that it has compiled enough signatures — 132,527, to be exact — for State Question 797 to be put up for vote on the Nov. 6 general election ballot. The measure would incorporate the right to medical and recreational marijuana in the Oklahoma Constitution.

"The voters of Oklahoma who overwhelmingly voted for (State Question) 788 wanted to send a message to our lawmakers that we know exactly what we're voting for and we know what it will do for our state's economy."

https://www.tulsaworld.com/homepagelatest/marijuana-petition-to-get-state-constitutional-question-on-november-ballot/article_53335773-fd7a-5b30-87b6-35fc020c0eae.html