Medical Marijuana

Oklahoma medical cannabis applications can be submitted starting on Saturday

The Oklahoma Medical Marijuana Authority (OMMA) will begin accepting medical cannabis applications from patients and prospective businesses on Saturday at 10:00 a.m.! This will make it one of the quickest states to implement a medical marijuana law.

Application materials and FAQs are already available on the OMMA’s site, including for:

• Adult patients and caregivers
• Minor patients and their caregivers
• Visiting patients registered in other states (temporary applications); and
• Businesses

OMMA has also opened a call center, which is open Monday through Friday, 8.30 a.m. until 5:00 p.m. The number is 405-522-6662.

In other news, as you may have seen, the Board of Health and Gov. Mary Fallin signed off on revised final regulations. The revised regs fix the major problems — including by nixing a THC cap and the ban on sales of flower and edible marijuana.

Meanwhile, a legislative working group is continuing to meet on the issue, and the Food Safety Standards Board hasissued recommendations.

Unfortunately, some governmental bodies are moving to restrict patients’ rights: Oklahoma State and the University of Oklahoma are prohibiting medical cannabis on their campuses. And the Oklahoma State Bureau of Investigationupdated the state’s Self-Defense Act license application to warn individuals who use medical marijuana that they should answer “yes” when asked if they unlawfully use a controlled substance, which may prevent them from being licensed.

Please spread the word, so that Oklahoma patients can get the protections and safe access they deserve!

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Medical Marijuana

Oklahoma medical cannabis law takes effect; revisions to problematic regs proposed

Yesterday, the penalty-reduction piece of Oklahoma’s medical marijuana initiative became operational. Individuals possessing up to 1.5 ounces of cannabis face a reduced penalty — a misdemeanor fine of up to $400 — if they “can state a medical condition.”

Meanwhile, regulators made application materials available online for patients and caregivers, along with information for businesses and physicians. It will begin accepting applications on August 25.

In another encouraging development, regulators released proposed revisions to many of the problematic final regulations. The Board of Health will meet on August 1 at 3:00 p.m. to consider them.

Draft revisions (summarized here) would make several welcome changes, including:

• Removing the ban on selling smokeable cannabis and edibles;
• Removing the THC cap;
• Removing the requirement that pharmacists dispense cannabis;
• Making the physician registration optional;
• Removing the requirement that doctors subject all “females of childbearing age” to a pregnancy test before recommending cannabis; and
• Removing the limitation on hours of operation, which banned Sunday sales.

However, we still have some concerns, including that:

• Patients who are tenants must obtain their landlords’ written permission to cultivate. Given federal law, even landlords who are open to cultivation may be unwilling to assent in writing.
• Physicians must to “ascertain” if a female is pregnant or likely to become pregnant before recommending cannabis. This strong language may essentially require pregnancy tests for many women, which is patronizing and invasive and drives up costs.
• Physicians must provide an in-person medical exam within 30 days of the certification. Oklahoma allows telemedicine for most medications.

Comments can be submitted to omma@ok.gov.

These proposed revisions follow a lawsuit filed by the Oklahoma ACLU on behalf of advocates, and advice from Attorney General Mike Hunter that some regulations exceeded the department’s authority.

If you live in Oklahoma, please speak out and spread the word. Congratulations again to everyone who worked to pass SQ 788!

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