Making the Case for Medical Marijuana

[DTowner]

This recent study disputes the legalizers' claim that medical marijuana reduced opioid overdoses.  Apparently several states recently made changes to law based on an earlier study that this study directly refutes.  It seems everyone would be wise to remember very few claims for or against medical cannabis have much scientific support because very few legitimate studies have been conducted.

https://www.sciencedaily.com/releases/2019/06/190610151933.htm

[patric]

This recent study disputes the legalizers' claim that medical marijuana reduced opioid overdoses.  Apparently several states recently made changes to law based on an earlier study that this study directly refutes.  It seems everyone would be wise to remember very few claims for or against medical cannabis have much scientific support because very few legitimate studies have been conducted.

https://www.sciencedaily.com/releases/2019/06/190610151933.htm

We can thank prohibition for blocking a lot of those studies. Self-fulfilling...


On the other hand, doctors wrote fewer opioid prescriptions in states where medical marijuana was a legal alternative.

Lower rates of opioid prescriptions in states that implemented medical cannabis use laws

GALVESTON, Texas – Using data from privately-insured adults, new findings from The University of Texas Medical Branch at Galveston revealed that there is a lower level of opioids prescribed in states that have allowed the use of medical marijuana. The findings are currently available in Preventive Medicine.
https://www.utmb.edu/newsroom/article12119.aspx

https://www.sciencedirect.com/science/article/pii/S0091743519301860

[patric]

Cannabis patient whose seeds were seized by Oklahoma trooper on 'LivePD' may get them back, official says

Crews from the A&E TV show "LivePD" filmed an Oklahoma Highway Patrol trooper seizing cannabis seeds from a licensed patient in what could be a misapplication of state law and Oklahoma Medical Marijuana Authority rules.

Video footage posted on Facebook by Michael Hennessee of an episode that aired Wednesday shows Trooper Mystal Perkins interacting with a man on Interstate 240 between South May Avenue and South Pennsylvania Avenue in Oklahoma City. During the conversation, Perkins can be heard telling the unidentified motorist, "This can get you in trouble, alright?" after observing the man had cannabis plant seeds.

The traffic stop, which appeared to be for a motor violation, took place just east of Oklahoma City Community College.

"Cause it's not packaged like you know you have the other ones in the actual container and all that," Perkins can be heard saying. "When this is like this, you see where we're like 'Why do you have it like that?' Do you see why we get suspicious?"

Dispensaries have packaging requirements, but nothing in state law requires patients to transport marijuana or marijuana products in specific packaging.

The man's responses are not clear in the Facebook video, but he responds "I don't know" when Perkins asks whether he plans to plant the seeds.

"You don't know. Well, I'll tell you what, this is what I'm gonna do. I'm going to take these," Perkins said of the small baggie of seeds, adding: "Because they're not packaged like they should be, OK. And right back here on your (medical marijuana patient) card, it says you can have six mature plants. That's a lot more than six in there.

"And then you have to have a license to even grow it, did you know that?"

The language of State Question 788 and governing rules from the OMMA, the supervising agency over the state's medical cannabis program, appear to contain no restrictions on patients possessing seeds.

The OMMA does not require patients to obtain a separate license to cultivate cannabis at home, and neither Oklahoma City nor Oklahoma County are among the municipalities that ask residents to register and pay a fee if they intend to grow their own cannabis.

"They're regulating that stuff, and honestly it's pretty new to us, too, but there's been all kinds of people up at the Capitol and stuff about trying to grow it and all that," Perkins tells the motorist during the stop.

Sarah Stewart, a spokeswoman for the Oklahoma Department of Public Safety, said Thursday morning that the agency is aware of the situation and officials "are still working through the intricacies of the new law."

"I want to point out that this man will have the opportunity to get those seeds back after it goes through a certain process," Stewart said. "It's no different than anything else that is seized on a traffic stop. Those seeds will not be destroyed."

In a Sept. 5 tweet, the OMMA said no state agency will supply seeds and that "medical marijuana license holders must determine on their own how to obtain seeds at this point." The man in the video seems to indicate to the trooper that the seeds she seized had been pulled from cannabis flower he legally purchased.

Sales of cannabis products at dispensaries became legal as of Oct. 26, as did possession of mature plants by patients and businesses. Seedlings were legal to possess in Oklahoma as of Sept. 3.

Licensed patients are legally allowed to have up to six seedling plants and six mature, or flowering, plants at one time, according to state law. They can also have up to 8 ounces of cannabis at their residences and up to 3 ounces in their possession, along with certain amounts of cannabis in concentrate form.

House Bill 2612, which will take effect in late August, expands on the laws created by the passage of SQ 788. While it implements seed-to-sale tracking requirements for commercial entities, those do not apply to homegrow operations.

OMMA emergency rules, which remain in effect through the summer, include seeds in the definition of "marijuana." However, seeds and seedlings — plants without flowers — are not considered "plant material" by OMMA's definitions.

Proposed permanent rules from the OMMA also do not place a cap on the number of seeds that are legal for licensed patients to possess.

The Oklahoma Bureau of Narcotics and Dangerous Drugs Control established its own emergency rules for medical cannabis businesses, which then-Gov. Mary Fallin signed into law in early January. But in a notice on the OBNDD's website, it says those rules do not apply to licensed patients because patients do not have to register with the department before possessing cannabis.

https://www.tulsaworld.com/news/local/marijuana/cannabis-patient-whose-seeds-were-seized-by-oklahoma-trooper-on/article_b841e085-b82e-5764-b9c3-ceddc05a9a7a.html

[patric]

Seized marijuana returned to Enid dispensary after charges dismissed

GUTHRIE — After finding 21 pounds of marijuana during a traffic stop early June 4, suspicious Logan County sheriff deputies arrested the driver and passenger despite their repeated protests they were delivering for a dispensary.

Daniel Richard Arthur, 40, and Rebecca J. Davis, 40, were both charged the same day with felonies, unlawful possession of a controlled dangerous substances with intent to distribute and conspiracy.

On Thursday, though, prosecutors dropped all charges and authorized the release of the seized marijuana, plus $5,400 in cash, to their defense attorney, Tyler Box.

Box said the the defendants were transporting the marijuana in June on Interstate 35 from The House of Cannabis Dispensary in Enid to a dispensary in Edmond. He said the marijuana — valued at $55,000 — was being returned Thursday to the Enid business.

"We would certainly graciously accept an apology from the sheriff, but we have something better than that, and that's the satisfaction of knowing we're getting the medicine back in the hands of the people that need it," Box said.
"I'm not sure that it is a panacea for the concern that we're trying to address right now which is local law enforcement picking folks up and deciding this can't be legal."

https://oklahoman.com/article/5637127/seized-marijuana-returned-to-enid-dispensary-after-charges-dismissed

[patric]

Lawmaker asks for delay implementing law that would make 'all information' on medical marijuana patient licenses available to law enforcement

A law that takes effect later this month has a provision allowing the Oklahoma State Department of Health to give law enforcement access to information displayed on medical marijuana patient licenses. But amid concerns about privacy and possible legal conflicts, a leading state lawmaker said he asked for a delay on implementation and expects the clause could be removed during the next legislative session.

Senate Bill 1030, whose primary author was Sen. Lonnie Paxton, R-Tuttle, will become law Aug. 29. It establishes protocols for officers to issue citations for those in possession of marijuana who can cite a medical condition but do not have a license. It also defines what would be considered an "undue change or restriction of municipal zoning laws" for municipalities when they receive applications for medical marijuana businesses.

But the section that concerns patient advocates Lawrence Pasternack and Norma Sapp is a clause that states the OSDH shall make available "all information" shown on patient licenses to law enforcement through the Oklahoma Law Enforcement Telecommunications System, or OLETS.

Sapp and Pasternack, along with Chris Moe, recently formed the Oklahoma Cannabis Liberty Alliance advocacy organization and said they considered the bill one of their highest priorities for legislative changes. They called the provision "just about the worst thing that could possibly happen" for the state's medical cannabis program, and Pasternack said it was "absurd" to give law enforcement access to information related in any way to patients' health.

The OKCLA contends the bill in its current language opens the door for police using OLETS, which is used for interstate, intrastate and interagency criminal justice purposes, to tie patients' cardholder statuses to their vehicle tags or driver's licenses.

Oklahoma law considers a person to be in the commission of a DUI if there is any amount of a schedule I substance or its metabolites in their system, regardless of whether they are actively intoxicated. Sapp said, to her, that in effect means medical cannabis users will face legal risks each time they drive because "marijuana" is still included in the state's legal definition of schedule I substances.

"That creates a problematic situation for law enforcement to know that person is a cardholder," Pasternack said. "That should have been fixed last session, but it wasn't. We've spoken with lawmakers who plan to fix it this coming session. But in the meantime, any cardholder or anyone just using hemp is violating the law when they're behind the wheel."

House Majority Floor Leader Jon Echols, R-Oklahoma City, said the intent of SB 1030 was for officers to have a way to verify the validity of patient IDs in person upon viewing a patient's 24-digit ID code. He said he believed the current wording was "very confusing" and told the Tulsa World he asked the Oklahoma Medical Marijuana Authority and the Oklahoma Department of Public Safety to hold off on establishing any data transfer at least until the next legislative session in February.

"I think we're going to repeal that specific provision in its entirety," Echols said, adding that at least some other lawmakers have expressed agreement on the issue. "I think it was never the goal that if you were pulled over in another state that information would be there. At a minimum, the law is in conflict."

The Oklahoma Medical Marijuana Authority's website states the agency is "currently evaluating implementation timelines" for making information accessible in OLETS. In a statement Friday, the OMMA said the health department is working with DPS "to balance privacy concerns regarding patient information as outlined in State Question 788 and the statutory obligation under SB 1030" to share data with law enforcement.

Echols said the information in question has not been shared with law enforcement entities as of Friday. DPS spokeswoman Sarah Stewart told the World via email that "we do not have much involvement in this other than we will actually be the store house for the data" and referred further questions to OSDH interim commissioner Tom Bates.

"Nothing in the law requires that information to be tied either to a driver's license or the (license) plate itself," he said. "There is nothing that requires OMMA or DPS under the law right now to do that. They have received very explicit direction from Rep. (Scott) Fetgatter, (R-Okmulgee) and myself at least that it is not the intent."

Sapp said other portions of SB 1030 emphasize the importance of patient privacy and is hopeful the Oklahoma Attorney General's Office will issue an opinion outlining the duties of the OSDH and the OMMA.

"I'm not a lawyer, but it's pretty clear: They are supposed to keep that private. If they gave that whole database to the OLETS system, it won't be," she said. A spokesman for Attorney General Mike Hunter's office said the department hasn't received any requests for an attorney general opinion related to SB 1030 as of Friday afternoon.

Echols noted lawmakers were able to roll out a medical cannabis framework faster than other states and said "you're gonna have some hiccups" while trying to meet quick deadlines such as those written in SQ 788. However, he pointed out the OMMA already maintains a website where people can enter a patient's ID code to determine whether a license is valid, which would likely render the provision in SB 1030 unnecessary.

https://www.tulsaworld.com/news/local/marijuana/lawmaker-asks-for-delay-implementing-law-that-would-make-all/article_feca5618-5f63-5ae8-8d7c-ee9177489b18.html

[patric]

Attorney suing OMMA, DPS says potential of police accessing medical marijuana patient data 'brands' cardholders with a 'scarlet letter'

The owners of a Tulsa medical cannabis clinic are among the plaintiffs in a newly filed lawsuit that seeks to block information on patient licenses from appearing in a law enforcement database.
A petition filed Monday in Tulsa County District Court states there is "an ambiguity" within the language of Senate Bill 1030 that puts licensed medical cannabis patients at risk of having their cardholder status wrongly disclosed to police.

Tulsa attorney Ron Durbin filed suit on behalf of Tulsa Higher Care Clinic Inc., a medical cannabis health care facility, as well as 11 people including Norma Sapp, who helped form the Oklahoma Cannabis Liberty Alliance nonprofit patient advocacy group.

SB 1030, which will become law Aug. 29, has a clause directing the Oklahoma State Department of Health to make available "all information" shown on marijuana licenses through the Oklahoma Law Enforcement Telecommunications System, or OLETS. The OSDH oversees the OMMA.
That provision, according to Durbin, does not make an adequate distinction between business licenses and patient licenses, which creates a privacy concern for the more than 170,000 licensed patients in Oklahoma. Nor, Durbin said, is the requirement consistent with other sections of SB 1030 that stress the importance of privacy.
"Patient information is not part of what was supposed to be disclosed to OLETS and law enforcement," Durbin said. "What they intended to be disclosed was business license information. What this bill does, by allowing patient information to be released, is it essentially brands every medical marijuana patient license holder with a scarlet letter in the state of Oklahoma."

He argued cardholder status could single patients out for what he called "disparate treatment" and asks for all licensed patients to be legally declared a class for litigation purposes. The lawsuit also requests a legal interpretation regarding which types of licenses fall under the requirement for disclosure in OLETS and an injunction preventing the OMMA and OSDH from sharing patient license information without a court order.
"I'm asking that when I get pulled over, the police don't already know that I'm a medical marijuana patient," said Whitney Wehmeyer, a co-owner of the Tulsa Higher Care Clinic. "Not that I have shame for it, but there aren't people that get tagged for using opiates."

Oklahoma law considers motorists to be in the commission of driving under the influence of drugs if they have any amount of a schedule 1 substance or its metabolites in their system. Despite hemp recently becoming federally legal, state law continues to define "marihuana" and metabolites such as THC as a schedule 1 drug, which Sapp said Friday means to her that patients could be targeted for DUI arrests based on prior knowledge of cardholder status.

House Majority Floor Leader Jon Echols, R-Oklahoma City, said Friday that the bill was supposed to give officers a method of verifying the validity of patient IDs in person when they see a card and 24-digit ID code. He said although the current wording of SB 1030 was "very confusing," "nothing in the law requires" the transfer of cannabis patient data into OLETS.

Echols told the Tulsa World that he and Rep. Scott Fetgatter, R-Okmulgee, asked the OMMA and DPS to delay a data transfer at least until the next legislative session, during which Echols expected the clause to be repealed. But the OMMA's website as of Monday afternoon lists SB 1030 as being among upcoming legislation that affects patients, with the agency writing it was "currently evaluating implementation timelines" for making information available in the OLETS system.

The OMMA released a statement Friday indicating it was working with DPS "to balance privacy concerns regarding patient information as outlined in State Question 788" with its "statutory obligation under SB 1030" to make the data available to police.
Durbin said the data in OLETS can be accessed by agencies inside and outside of Oklahoma, which he also believes constitutes a violation of the Health Insurance Portability and Accountability Act, or HIPAA, if patient statuses are released.

He wrote that SB 1030 amended House Bill 2612, a medical cannabis regulatory framework that also takes effect Aug. 29, to say that the handling of records in the OMMA's patient and caregiver registry shall comply with HIPAA and other relevant laws.

"It's not something they do in any other state in the United States," Wehmeyer said of the proposal. "I don't think necessarily that this (sharing patient data) was the intention. I think it's poor writing and poor language, but either way, that still affects me as a patient. Right? The fact that you all got it wrong still affects me."

https://www.tulsaworld.com/news/local/marijuana/attorney-suing-omma-dps-says-potential-of-police-accessing-medical/article_417486e7-3a43-5c93-91b9-78572f7354fa.html

[patric]

Tulsa World editorial: Police don't need free access to Oklahomans' medical records

https://www.tulsaworld.com/opinion/editorials/tulsa-world-editorial-police-don-t-need-free-access-to/article_3aae39c6-8467-5e14-8e80-c502d5883dae.html


One nightmare scenario -- that could happen very soon -- would be if a cop running an ALPR license plate scanner was using the Oklahoma Law Enforcement Telecommunications System database to stop any motorist who has a medical marijuana license, knowing that he could arrest that motorist for DUI based solely on the expectation of finding residual metabolites in their system. 

Oklahoma law considers motorists to be in the commission of driving under the influence of drugs if they have any amount of a schedule 1 substance or its metabolites in their system. Despite hemp recently becoming federally legal, state law continues to define "marihuana" and metabolites such as THC as a schedule 1 drug, which means that patients could be targeted for DUI arrests based on prior knowledge of cardholder status.

[patric]

"In the post-decriminalization era, the mere odor of marijuana coupled with possession of what is clearly less than ten grams of marijuana, absent other circumstances, does not grant officers probable cause to effectuate an arrest and conduct a search incident thereto," the court stated in the ruling.

https://thehill.com/homenews/state-watch/457700-marylands-top-court-rules-that-police-cant-search-a-person-based
https://www.courts.state.md.us/data/opinions/coa/2019/17a18.pdf

There's one primary obstacle to changing federal laws to allow legal marijuana. And that obstacle's name is Sen. Mitch McConnell.
https://www.fool.com/investing/2019/08/18/heres-how-shockingly-low-the-odds-of-us-marijuana.aspx

[patric]

Medical marijuana advocate, Rogers County sheriff reach settlement in lawsuit

A lawsuit filed by medical marijuana advocate "Chip" Paul against Rogers County Sheriff Scott Walton after he was forcibly removed from a public forum has been settled.
"A court-ordered settlement conference was held on Friday and the county's insurance company and the plaintiff reached a confidential solution," Walton said, reading from a prepared statement.

Paul was attending a public forum on State Question 788, which called for legalizing medical marijuana, June 18, 2018, at the Claremore Conference Center when Walton grabbed him around his neck with both hands and forcibly walked him out of the building.
Paul claimed in his lawsuit that he was sitting quietly, talking to his wife privately about what he claimed was inaccurate information being presented at the forum when Walton "got in the plaintiff's face" and yelled at him to be quiet or get out.

After telling Walton that he would be quiet, Paul claims the sheriff grabbed him by his neck and physically removed him, slamming his head into a door in the process.

Paul initially filed the lawsuit June 20 in Rogers County District Court. It was later moved to federal court at the request of Rogers County officials.
In his state court petition, Paul claimed unlawful seizure, retaliation for engaging in First Amendment rights and violation of free speech, as well as assault and battery by Walton.

https://www.tulsaworld.com/news/local/crime-and-courts/medical-marijuana-advocate-rogers-county-sheriff-reach-settlement-in-lawsuit/article_e25ab379-0bac-5729-80c2-d8462004f6b8.html

[patric]

A bill before the legislature attempts to close a legal loophole that allows sober Medical Marijuana cardholders to be arrested for DUI based solely on the expectation that Metabolites would be detected in their system days or weeks after consuming marijuana.


HOUSE BILL 3960

" ...no person shall be convicted of the offense of operating or being in actual physical control of a motor vehicle while such

person's ability to operate such vehicle was impaired by marijuana, THC, or their metabolites, excluding 11-nor-9-carboxy-

delta-9-tetrahydrocannabinol, or derivatives in the absence of additional evidence that such person's ability to operate such

vehicle was affected to a degree that the person was rendered substantially incapable, either mentally or physically by

marijuana, THC, or their metabolites, excluding 11-nor-9-carboxy-delta-9-tetrahydrocannabinol, or derivatives to the extent

that the public health and safety was threatened or that said person violated a state statute or local ordinance in the

operation of a motor vehicle."



11-COOH-THC has a long half-life in the body of up to several days (or even weeks in very heavy users), making it the main metabolite tested for blood or urine testing for cannabis use. More selective tests are able to distinguish between 11-OH-THC and 11-COOH-THC, which can help determine how recently cannabis was consumed; if only 11-COOH-THC is present then cannabis was used some time ago and any impairment in cognitive ability or motor function will have dissipated, whereas if both 11-OH-THC and 11-COOH-THC are present then cannabis was consumed more recently and motor impairment may still be present.

Some jurisdictions where cannabis use is decriminalized or permitted under some circumstances use such tests when determining whether drivers were legally intoxicated and therefore unfit to drive, with the comparative levels of THC, 11-OH-THC and 11-COOH-THC being used to derive a "blood cannabis level" analogous to the blood alcohol level used in prosecuting impaired drivers. On the other hand, in jurisdictions where cannabis is completely illegal, any detectable levels of 11-COOH-THC may be deemed to constitute driving while intoxicated, even though this approach has been criticized as tantamount to prohibition of
"driving whilst being a recent user of cannabis" regardless of the presence or absence of any actual impairment that might impact driving performance. https://en.wikipedia.org/wiki/11-Nor-9-carboxy-THC

On the other end, the law allows for anyone "who received training and holds a current certification as a drug recognition expert shall be qualified to give the testimony in any case in which such testimony may be relevant" without the need to provide any supporting evidence. Basically, it leaves open the likelihood of abuse and conflicts of interest:
https://www.11alive.com/article/news/investigations/the-drug-whisperer-drivers-arrested-while-stone-cold-sober/85-437061710

[patric]

Stitt rejects medical marijuana bill that received near-unanimous support

Efforts to amend laws for the state's medical marijuana industry could be unsuccessful this year after the Oklahoma Legislature opted Friday not to override Gov. Kevin Stitt's veto of a bipartisan bill containing program reforms.

House Bill 3228 from Rep. Jon Echols, R-Oklahoma City, would have barred the Oklahoma State Department of Health from sharing patient and caregiver records with other state agencies or political subdivisions, including law enforcement, without a court order.

https://www.tulsaworld.com/news/local/marijuana/stitt-rejects-medical-marijuana-bill-that-received-near-unanimous-support-veto-override-appears-unlikely/article_ec04bfcc-8e22-5eb9-9ea3-6f060740cfc4.html

[heironymouspasparagus]

Yeah....we're gonna get Tesla....

[patric]

Oklahoma's program has generated a hefty amount of tax revenue while avoiding some of the pitfalls of more intensely regulated programs. Through the first 10 months of this year, the industry generated more than $105 million in state and local taxes. That's more than the $73 million expected to be produced by the state lottery this fiscal year, though still a pittance in comparison to the overall state budget of nearly $8 billion. In addition, Oklahoma has largely escaped the biggest problems that have plagued many other state markets: Illegal sales are relatively rare and the low cost to entry has made corruption all but unnecessary.

https://www.politico.com/news/magazine/2020/11/27/toke-lahoma-cannabis-market-oklahoma-red-state-weed-legalization-437782




It's been a long, strange trip for Oklahoma's $2.6 million shipment of hydroxychloroquine, bought a year ago as a once-promising treatment for COVID-19.
The 1.2 million doses of the drug normally used to treat lupus, rheumatoid arthritis and prevent malaria were shipped from a California distributor to a small pharmacy in Pryor, with the state paying for the hydroxychloroquine from money borrowed from fees generated by medical marijuana licenses.

https://oklahomawatch.org/2021/04/16/oklahomas-hydroxychloroquine-shipment-took-a-detour-to-a-pryor-pharmacy/

[patric]

Lawsuit filed over state's medical marijuana 'seed-to-sale' tracking system

A Tulsa-based attorney filed suit Thursday on behalf of an Okmulgee County medical cannabis business in hopes of pausing use of the state's "seed-to-sale" tracking system, alleging that the state's chosen vendor charges unreasonable fees that could lead to increased prices for patients.

Ron Durbin II, the attorney, and Beau Zoellner, who operates a processing site in Okmulgee County for the Dr. Z Leaf business chain, allege that the Oklahoma Medical Marijuana Authority allowed a monopoly when it selected Florida-based Metrc as its seed-to-sale tracking provider last year.

Seed-to-sale tracking is a term that generally refers to the practice of electronically documenting progress from the day a cannabis seed is planted to when whatever it yields is sold.

"The OMMA has essentially forced Oklahoma patients and Oklahoma businesses to send $15 million from the state of Oklahoma to this Florida company all because they've given Metrc a monopoly," Durbin said during a press conference.

The complaint argues that the Legislature did not mandate that dispensaries use a seed-to-sale tracking system from a specific vendor and did not expressly direct the use of RFID tags to keep track of inventory and sales.

The complaint additionally argues that the State Health Department breached administrative procedure obligations by choosing Metrc without adequate community input and seeks more information on how state officials have allocated tax revenue collected from legal cannabis sales.

https://tulsaworld.com/news/local/marijuana/watch-now-lawsuit-filed-over-states-medical-marijuana-seed-to-sale-tracking-system/article_35e26f04-9e20-11eb-a5fb-33bff8744afe.html

[patric]

An appellate court's opinion that the odor of cannabis establishes probable cause for criminal activity has some, including at least one state lawmaker, concerned about law enforcement going forward.

Rep. Scott Fetgatter, R-Okmulgee, said the ruling related to a 2019 Tulsa County traffic stop "goes to show Oklahoma still has a long way to go in working on regulations for the legal medical marijuana industry."

The Oklahoma Court of Criminal Appeals last week reversed a decision made in the case of Brandon James Roberson, who was arrested after police found evidence in his SUV that supported a warrant to search the motel room he used. He was charged with trafficking after quantities of multiple drugs were found in the room.

A district court judge agreed with Roberson's defense that his disclosure to officers about having "possibly half a joint" was not enough probable cause of illegal activity, considering Oklahoma has licensed nearly 400,000 medical marijuana patients.

Overturning that logic in a unanimous ruling, the appellate court determined Oklahoma's legal medical cannabis program "in no way affects a police officer's formation of probable cause based upon the presence or odor of marijuana."

Fetgatter said he's concerned for patients with that phrasing appearing in case law.

"When 10% of your population has a medical marijuana card, we know that a lot of cars are going to have the smell of at least unburned marijuana," he said Friday.

Elected in 2016, Fetgatter has been trying to update laws that address driving under the influence of drugs. As of now the presence of any Schedule I substance or its metabolites in blood or bodily fluid can, according to state law, be proof that a person is in the commission of DUI. That includes THC, which can stay in the system weeks after use.

"Even though the law is changed, you still have a cultural aspect that has to be overcome," Fetgatter said. "And the unfortunate problem we have with our medical program is people are still doing things illegally, and until that stops and people can see the value in having the program — a medical program — it's going to just take some time."

He said law enforcement officers he's spoken to have seemed less interested in prioritizing enforcement of cannabis-related activities since the passage of State Question 788.

The appellate court ruling, however, has one of the leaders of Oklahoma Cannabis Liberty Alliance concerned about a sea change. Lawrence Pasternack, a patient advocate, said in his view the ruling could in practice "basically nullify the significance of a card for the determination of a search."

Roberson's defense said it appeared Tulsa Police never attempted to ascertain his patient status or that of the passenger in his SUV, which they had pulled over near an east Tulsa hotel for a seatbelt violation and an expired tag. Officer Chris Beyerl cited an odor of "raw marijuana" as reason for a search, the findings of which allowed police to obtain a search warrant for their motel room.

In its opinion, the appellate court pointed to the odor, along with Roberson's past legal history and reported affiliation with the Irish Mob gang, as part of the "totality of circumstances" that merited the vehicle search. Pasternack acknowledged those factors but said the court's overbroad language could affect patients unduly.

"There might be future court cases that narrow the scope of what this court has determined," Pasternack said Thursday. "Prior to this ruling, someone who could produce a (patient) card would have sufficient reason to be released. But the ruling does suggest that being able to produce a card has no bearing on whether or not law enforcement wants to pursue a search. And that's worrisome.

"Having marijuana in the context of a state that's legalized it for medical purposes, possession should no longer be construed as an indicator of further criminal activity."

The Tulsa County Public Defender's Office declined to comment on potential impacts of the ruling. However, it argued in court documents that police erred because Roberson had resisted efforts to search his SUV and claimed the traffic stop was pretext to profile him due to his past and his use of a motel in a "high-crime area."

Tulsa Police have not yet returned a request seeking comment about the court ruling. Sarah Stewart, a spokeswoman with the Oklahoma Department of Public Safety, said Friday the agency would not comment but that an Oklahoma Highway Patrol leader indicated the ruling "affirms exactly what we do today."

For those without a patient card who can cite a medical condition, state law indicates the penalty for cannabis possession consists of a fine but no jail time. Others can still be subject to jail time because of laws created following the passage of State Question 780, Fetgatter said.

"(My adult use bill) is still eligible to be heard next session, but there is no appetite in my opinion in the Legislature to run an adult use bill until we can rein in the nefarious activity going on within our rural communities with the medical program," he said, referencing a series of recent Oklahoma Bureau of Narcotics raids.

"To be clear, an adult use program does not fix the issue of people being pulled over with the smell of burned or unburned marijuana in their car. That's going to have to be something that's addressed in DUI laws, which is something I've tried to work on in the past and I actually received a lot of pushback on from industry activists."

In a brief concurrence in Roberson's case, Judge Robert Hudson said the "admitted presence or odor" of cannabis "must remain a factor indicating criminal activity" despite state law allowing medical use. But Tulsa-based attorney Ron Durbin, who has multiple clients in the cannabis industry, said he worries the opinion is written broadly enough that it can be used to argue the smell or presence of cannabis is, on its own, a sign of a crime occurring.

"(Legalized marijuana) is now in most states," Durbin said. "We're gonna have to allow people to use marijuana the same way they use prescription medicine. Until then, we can't kill the stigma and we're going to continue to treat it differently than any other normal medication, which is exactly what happened in the opinion."

Durbin said he would advise medical marijuana patients to store cannabis items in their trunk and keep their patient license easily accessible, which Fetgatter also advised. Durbin said the ruling makes clear Oklahoma's need to reform drunken driving laws to more clearly state the presence or odor of cannabis is not proof of a crime when a medical card is present.

https://tulsaworld.com/news/local/marijuana/oklahoma-lawmaker-among-those-concerned-for-marijuana-patients-after-recent-court-ruling/article_19cc7020-d503-11eb-b6a4-db0db029e886.html