Making the Case for Medical Marijuana

[dbacksfan 2.0]

I think this putz Brandon James Roberson, got fingered as a dealer by someone else TPD arrested and was under surveillance. Sounds like he's trying to use "medical marijuana" as a get out of jail card.

I would tend to think this is the reason they got a warrant for his motel room. 

[patric]

I think this putz Brandon James Roberson, got fingered as a dealer by someone else TPD arrested and was under surveillance. Sounds like he's trying to use "medical marijuana" as a get out of jail card.

I would tend to think this is the reason they got a warrant for his motel room. 

The rub is them using the presence of marijuana as a pretext with no concern as to its current legal status. 
"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."  In the totality of all things, this particular arrest could be justified, but what about the next traffic stop where the patient is a legitimate law-abiding cardholder?

[dbacksfan 2.0]

The rub is them using the presence of marijuana as a pretext with no concern as to its current legal status. 
"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."  In the totality of all things, this particular arrest could be justified, but what about the next traffic stop where the patient is a legitimate law-abiding cardholder?

I agree that not checking the legal status (medical use card) is ignoring the law as it is intended. And yes from the article, he didn't want them to search his vehicle so they got a warrant to conduct one. Where I really get ticked is that what constitutes probable cause from a search of the vehicle to then conduct a search of his motel room? Based on an assumption of previous acts/acquaintances/record? It's like stopping someone for a DUI and then saying we need your bank records and the keys to your house to see what else we can find.

Oklahoma just needs to quit with the hand wringing, bible thumping, pocket lining and make the law clear.

PS. I'm still in shock from when I was there in March of 2020 and went to a liquor store and saw cold real beer and cold wine. 

[patric]

I agree that not checking the legal status (medical use card) is ignoring the law as it is intended. And yes from the article, he didn't want them to search his vehicle so they got a warrant to conduct one. Where I really get ticked is that what constitutes probable cause from a search of the vehicle to then conduct a search of his motel room? Based on an assumption of previous acts/acquaintances/record? It's like stopping someone for a DUI and then saying we need your bank records and the keys to your house to see what else we can find.

Oklahoma just needs to quit with the hand wringing, bible thumping, pocket lining and make the law clear.

Sheriffs seek to grow drug bureaucracy

EDMOND — State officials are working with U.S. Sen. Jim Inhofe's office to secure $4 million in federal dollars to fight illegal marijuana growing operations.

The groups held a press conference Wednesday at the Oklahoma Sheriffs' Association office in Edmond to discuss the problem and efforts to secure additional dollars.
The funds would be used to set up a special unit within the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, said Donnie Anderson, the bureau's director.
"One of the things we have noticed as we have gone around the state this year is there is an increasing concern about illegal grow operations and all the criminal activity associated with it," said Luke Holland, Inhofe's chief of staff.
He said it seems to increasingly be the case that Chinese, Mexican, Russian and other organizations are behind the illegal marijuana operations and bring in other illegal activities such as human trafficking, money laundering and weapons trafficking, Holland said.
Inhofe will request the funds through the Department of Justice, Holland said.

https://tulsaworld.com/news/state-and-regional/govt-and-politics/oklahoma-seeks-4-million-from-feds-to-combat-illegal-marijuana-growers/article_2bf6baaa-df51-11eb-862d-8b9799f66399.html

[patric]

Despite Congress promising to keep the Feds from busting states with decriminalized cannabis, we have the state bureaucracy acting as  proxy:


Court records show that the Garvin County Sheriff's Office carried out two raids near Pauls Valley in April with Oklahoma Bureau of Narcotics and Dangerous Drugs Control investigators.

The criminal counts include marijuana cultivation, possession of a controlled substance without a tax stamp and — most notably — endeavoring to violate the U.S. Controlled Dangerous Substances Act. Cannabis, despite being legal in Oklahoma for medical use, remains classified as a Schedule I substance under federal law.

https://tulsaworld.com/news/state-and-regional/crime-and-courts/attention-on-ghost-owner-investigations-as-criminal-cannabis-case-has-ties-to-tulsa-law-firm/article_ef4a010a-ebe6-11eb-bbbd-7b5c595cb280.html

..and why are anachronisms like "Tax Stamps" even still on the books?

[patric]

We're not sure what to make of the latest appointment to run the Oklahoma Medical Marijuana Authority but hope it doesn't reflect any effort to undo the voters' choice on State Question 788.

Adria Berry is the fourth director of the agency in three years. She was appointed by Health Commissioner Lance Frye, who serves at the pleasure of Gov. Kevin Stitt.

Before Oklahoma voters considered State Question 788, which broadly legalized medical marijuana in the state, Berry publicly spoke against elements of the initiative petition, calling it "problematic for many reasons."

We had our own qualms before the vote, but the measure passed by a substantial margin, and it's now state government's duty to live with the results. To do anything else would be breaking faith with the voters of Oklahoma.

After voters approved SQ 788, Berry supported creating a list of qualifying medical conditions and, through the State Chamber, promoted controversial language about testing for patients who have "safety sensitive" jobs. We don't think either idea was in the spirit of SQ 788.

Legislators have been probing around the edges of SQ 788 virtually since the day it passed.

We agree with House Majority Floor Leader Jon Echols, R-Oklahoma City, when he says the authority needs to be a standalone agency and not a small part of the State Health Department.

We also agree with Rep. Scott Fetgatter, R-Okmulgee, who said the state cannot use regulations to crush legalized medical marijuana businesses, even if that helps curb illegal marijuana activities.

"It's anti-business, anti-Republican, and it's unfair," Fetgatter said. "There are thousands of people who are trying to make a legitimate business out of this.

"It's hypocritical of government to say, 'We're pro-business, but we don't like your product, so we're not pro-your-business.'"

The initiative petition wasn't well crafted and had some elements that were puzzling, but after it passed, the job of the Legislature and the authority is to live with its stipulations with as few tweaks as are necessary. If that teaches lawmakers to be better tuned to the voters' desires and faster to anticipate needed changes, then good.

https://tulsaworld.com/opinion/editorial/editorial-sq-788-is-the-law-and-state-government-leaders-have-to-learn-to-live/article_e4ceaf06-041d-11ec-b1cc-536590e14030.html

Legislators have also kept laws in direct conflict with medical marijuana on the books, either accidentally or intentionally facilitating much of the corruption that decriminalization is supposed to ameliorate. For example, science doesnt support the state law that says metabolites in an individuals blood from THC exposure weeks before, is evidence of intoxication (for the purposes of a DUI arrest). Its not like the legislature hasnt had time to correct it.

[heironymouspasparagus]

We're not sure what to make of the latest appointment to run the Oklahoma Medical Marijuana Authority but hope it doesn't reflect any effort to undo the voters' choice on State Question 788.

Adria Berry is the fourth director of the agency in three years. She was appointed by Health Commissioner Lance Frye, who serves at the pleasure of Gov. Kevin Stitt.

Before Oklahoma voters considered State Question 788, which broadly legalized medical marijuana in the state, Berry publicly spoke against elements of the initiative petition, calling it "problematic for many reasons."

We had our own qualms before the vote, but the measure passed by a substantial margin, and it's now state government's duty to live with the results. To do anything else would be breaking faith with the voters of Oklahoma.

After voters approved SQ 788, Berry supported creating a list of qualifying medical conditions and, through the State Chamber, promoted controversial language about testing for patients who have "safety sensitive" jobs. We don't think either idea was in the spirit of SQ 788.

Legislators have been probing around the edges of SQ 788 virtually since the day it passed.

We agree with House Majority Floor Leader Jon Echols, R-Oklahoma City, when he says the authority needs to be a standalone agency and not a small part of the State Health Department.

We also agree with Rep. Scott Fetgatter, R-Okmulgee, who said the state cannot use regulations to crush legalized medical marijuana businesses, even if that helps curb illegal marijuana activities.

"It's anti-business, anti-Republican, and it's unfair," Fetgatter said. "There are thousands of people who are trying to make a legitimate business out of this.

"It's hypocritical of government to say, 'We're pro-business, but we don't like your product, so we're not pro-your-business.'"

The initiative petition wasn't well crafted and had some elements that were puzzling, but after it passed, the job of the Legislature and the authority is to live with its stipulations with as few tweaks as are necessary. If that teaches lawmakers to be better tuned to the voters' desires and faster to anticipate needed changes, then good.

https://tulsaworld.com/opinion/editorial/editorial-sq-788-is-the-law-and-state-government-leaders-have-to-learn-to-live/article_e4ceaf06-041d-11ec-b1cc-536590e14030.html

Legislators have also kept laws in direct conflict with medical marijuana on the books, either accidentally or intentionally facilitating much of the corruption that decriminalization is supposed to ameliorate. For example, science doesnt support the state law that says metabolites in an individuals blood from THC exposure weeks before, is evidence of intoxication (for the purposes of a DUI arrest). Its not like the legislature hasnt had time to correct it.

But they know better than the voters...they are Republicontins!!

[Red Arrow]

But they know better than the voters...they are Republicontins!!

Republicans are getting more like Democrats every day, just on different subjects.

[heironymouspasparagus]

Republicans are getting more like Democrats every day, just on different subjects.

They have always been like that - just convinced people otherwise.

[patric]

Passage three years ago of Medical Marijuana was supposed to take a bite out of corruption, but for some reason the Legislature never got around to repealing laws that were directly in conflict with medical marijuana.  The ongoing corruption makes it necessary to enshrine decriminalization in the state constitution.


Petition to allow cannabis for recreational adult use filed in Oklahoma

If a petition filed Thursday leads to amendment of the Oklahoma Constitution, legal purchases of recreational cannabis would be subject to a 15% excise tax, proceeds of which would help pay to operate oversight efforts on those sales.

A cannabis advocacy group has filed two ballot initiatives seeking to amend the Oklahoma Constitution to legalize cannabis use for anyone at least 21 years old and replace the state medical marijuana industry's current oversight agency.

"A lot of this is stuff that has been advocated for by a lot of folks in the community and industry over the last three years, and I don't see it's going to make it through the legislative process any time soon," Jed Green, who helped establish the group Oklahomans for Responsible Cannabis Action, said of State Questions 817 and 818.

According to Green, a new Oklahoma State Cannabis Commission would take over industry oversight from the Oklahoma State Medical Marijuana Authority, which had itself been created under the state Department of Health by State Question 788.

Green was among those who helped get SQ788 on the June 2018 ballot, which brought cannabis to dispensary shelves for licensed patients by that fall. As of September, Oklahoma had more than 375,000 licensed cannabis patients, as well as more than 2,300 dispensaries, 8,600 growers and 1,500 processors, respectively.

Oklahoma Gov. Kevin Stitt last year vetoed House Bill 3228, which would, among other changes, have granted patients a way to have cannabis delivered to their homes during the COVID-19 pandemic. In doing so, he said the bill would have made "substantial policy changes" to the law while being "not fully scrutinized" during the legislative session.

More recently, Stitt announced in August his selection of the fourth director of the Oklahoma Medical Marijuana Authority. In doing so, he said, "I am committed to tackling the major challenges that the explosion of marijuana in Oklahoma is causing across our state."

According to Green, one of the driving factors for the proposal was to ensure oversight independent from the state Health Department "to increase transparency and create a structure that could be functional."

"When decisions are being made about how funds are being spent, ... you have to go to either the commissioner of health or the governor to understand the decisions that are being made," he said. "You can try to have conversations and be productive with OMMA directors, but at the end of the day they're having talks that you're not in the room for.

"And they're making decisions that are not in line with the industry, and it's tough. We have all the reason to believe the governor is not going to sign off on a new state agency if it makes it through the Senate."

Nearly 178,000 valid signatures would be required on each of the petitions for it to be placed on a ballot in 2022.

The medical petition, called the Oklahoma Medical Marijuana Enforcement and Anti-Corruption Act, would amend the Oklahoma Constitution to create, within a year, the Oklahoma State Cannabis Commission for medical cannabis businesses and patients. The State Health Department would, at the discretion of the OSCC's board, retain oversight power on food permit and safety issues with cannabis products.

Green said a lack of enforcement for the cannabis industry has made the state a popular site for illegal activity and that a historic lack of communication to medical cannabis industry members often means they aren't aware of potential issues in time to be proactive.

"What we've seen with that not being done is a big problem," Green said. "The efforts that the (Oklahoma Bureau of Narcotics and Dangerous Drugs Control) is making right now to clean up this variety of, especially illegal grow ops we have, that does not happen overnight. That level of infrastructure does not get built overnight."

The proposed Cannabis Commission board would include representatives from state agencies that have some form of authority over any aspect of a cannabis business. It also would allocate funding that would help those agencies accomplish their regulation requirements.

The recreational petition, called the Oklahoma Marijuana Regulation and Right to Use Act, would allow adults at least 21 years of age to have up to 8 ounces of cannabis from legal retailers, as well as up to 12 homegrown plants that would not count toward the 8-ounce threshold.

Also, the initiative outlines a path for those who have convictions for cannabis-related offenses to obtain expungements or seek judicial reviews.

Both petitions include language stating that the presence of THC metabolites in a person's hair or bodily fluid is not on its own proof of impairment or intoxication, nor can tests showing their presence be used to deny housing, health care, public aid or other rights.

Previous attempts to legalize cannabis for adult use through a constitutional amendment have failed, with Green saying he believed past efforts would have benefited from more public comments on drafts before filing ballot initiatives.

Oklahomans for Responsible Cannabis Action has shared drafts of the potential ballot measures online through its website and a Google document throughout the summer. The final drafts went public in late September following public feedback.

In lieu of the current 7% tax on medical cannabis established by State Question 788, purchases of recreational cannabis would instead be subject to a 15% excise tax, proceeds of which would help pay to operate oversight efforts on those sales. The tax on medical cannabis products would be reduced to 0% within a year, with gradual decreases at six and nine months after passage.

Extra funds from both programs would go toward aspects such as research, water resources and eight hours of training for law enforcement officers on the evolution of the legal status of cannabis.

That training would be among the continuing education requirements to remain in good standing with the Council on Law Enforcement Education and Training, the agency that accredits the state's peace officers.

"We've seen rec (recreational cannabis) come into other states and screw up their (medical) program," Green said. "The No. 1 concern by our medical people is that it will screw up the program."

But of legalization he said: "It's not a matter of if; it's a matter of when. We need to settle down, get some good transparency and get some new structure."

Oklahomans for Responsible Cannabis Action is expected to maintain a list of signature-gathering locations at orcaok.com.

https://tulsaworld.com/news/local/marijuana/petition-to-allow-cannabis-for-recreational-adult-use-filed-in-oklahoma/article_4442bc12-252e-11ec-8d86-e70caaabbfa8.html



The fourth director Governor Stitt appointed to manage Oklahoma's Medical Marijuana program was the person in charge of wrecking it.

https://tulsaworld.com/news/local/people-to-watch-adria-berry-finds-support-at-helm-of-oklahoma-medical-marijuana-authority/article_fecefc7a-5e82-11ec-b690-ab5fa4f88ef2.html

[swake]

Patric, I know you hate starting new threads, but I think this qualifies.

But good news.

[patric]

Study Finds Cannabis Compounds Prevent Infection By Covid-19 Virus

Compounds in cannabis can prevent infection from the virus that causes Covid-19 by blocking its entry into cells, according to a study published this week by researchers affiliated with Oregon State University. A report on the research, "Cannabinoids Block Cellular Entry of SARS-CoV-2 and the Emerging Variants," was published online on Monday by the Journal of Natural Products.

The researchers found that two cannabinoid acids commonly found in hemp varietals of cannabis, cannabigerolic acid, or CBGA, and cannabidiolic acid, also known as CBDA, can bind to the spike protein of SARS-CoV-2, the virus that causes Covid-19. By binding to the spike protein, the compounds can prevent the virus from entering cells and causing infection, potentially offering new avenues to prevent and treat the disease.

"Orally bioavailable and with a long history of safe human use, these cannabinoids, isolated or in hemp extracts, have the potential to prevent as well as treat infection by SARS-CoV-2," the researchers wrote in an abstract of the study.

"These cannabinoid acids are abundant in hemp and in many hemp extracts," OSU Researcher Richard vanvan Breemen said. "They are not controlled substances like THC, the psychoactive ingredient in marijuana, and have a good safety profile in humans."

https://www.forbes.com/sites/ajherrington/2022/01/11/study-finds-cannabis-compounds-prevent-infection-by-covid-19-virus/

[tulsabug]

Study Finds Cannabis Compounds Prevent Infection By Covid-19 Virus

https://www.forbes.com/sites/ajherrington/2022/01/11/study-finds-cannabis-compounds-prevent-infection-by-covid-19-virus/

Welp we're definitely in Bizarro World now when a conservative rag like Forbes has articles touting the medical benefits of pot.

[dbacksfan 2.0]

$10.00 says that it won't be long before some talking head from the US Health alphabet soup states that this is non scientific, unfounded, illegal research on a controlled substance that has no use.

[patric]

Welp we're definitely in Bizarro World now when a conservative rag like Forbes has articles touting the medical benefits of pot.

OKLAHOMA CITY — Gov. Kevin Stitt on Tuesday set a special election for a state question that seeks to legalize recreational marijuana.

The measure would legalize, regulate and tax recreational cannabis for adults 21 years old and older.
It would provide criminal justice reform and expungement of convictions for low-level marijuana offenses.

Voters legalized the use of medial marijuana in 2018 by approving State Question 788.

Political observers had said putting SQ 820 on the Nov. 8 ballot would benefit Democrats in the election. Turnout for special elections is usually lower. About 892,000 voters cast ballots on the medical marijuana question in the June 2018 midterm primary election. By comparison, only about 528,000 voters cast ballots in the governor's race in this year's midterm primary election. 

Stitt has said that while he supports the federal legalization of marijuana, he opposes the state question.
https://tulsaworld.com/news/local/marijuana/gov-kevin-stitt-sets-special-election-for-recreational-marijuana-state-question/article_4a464c88-4f20-11ed-8460-5b51616f2da3.html