In wake of recreational defeat, senators call for guardrails on medical marijuana program

Sen. Garvin calls for more guardrails on medical marijuana program after recreational defeat

OKLAHOMA CITY (March 8th) - On the heels of Oklahomans’ overwhelming defeat of State Question 820 that would have legalized recreational marijuana, Sen. Jessica Garvin, R-Duncan, Wednesday said the result of the recent election shows the state’s medical program needs reformed.

With more than 61% of voters rejecting the state question, not a single county voted in favor of the measure. Opposition to the question included industry leaders, educators, law enforcement officials and community leaders.

SQ 820: Early election returns show recreational marijuana falling well short of passage

The results are coming in, and the early trend leans toward State Question 820 (recreational marijuana legalization) falling short of passage.

Let's compare absentee and early vote totals from tonight versus 2018's State Question 788 (medical marijuana legalization). Some caveats: SQ788 was a June primary in a gubernatorial election year, while SQ820 is a March primary as the lone ballot item statewide; turnout will be vastly different, but pay attention to the percentages.

Fair: Pot on the ballot will lead Oklahoma to the wrong type of Top 10 State

From longtime conservative activists and blogger/columnist Steve Fair:

POT ON THE BALLOT!

by Steve Fair

Four years ago, Oklahoma passed State Question #788 57% to 43% which legalized medical marijuana.  The poorly crafted initiative petition was vague and lacked detail about implementation and oversight.  The state legislature has spent a great deal of time since 2018 putting meat on the 788 bones.  Legislation regulating growing and distribution has resulted in the Sooner state becoming a magnet for grow operations and dispensaries.   Oklahoma has more weed growers (9,000+) than California, a state with ten times the population.  One reason is the cost of $2,500 to get a license in Oklahoma, as opposed to $100,000 in bordering Arkansas.  There is also no cap on the number of dispensaries or grow operations in the state, but that may be changing in the future.  About 12% of Oklahomans have a ‘medical marijuana’ card.  Clearly much of the pot grown in Oklahoma is being shipped out of the state- which is in violation of state and federal law.  If all the weed grown by Oklahoma growers were being consumed by Sooner residents, the dispensaries would be selling it by the bale, not the joint.    

House Republicans pass 12-point medical marijuana reform package

House Republicans advance comprehensive medical marijuana policy package

Bills will stop illegal marijuana grows, improve product safety and health

OKLAHOMA CITY – Following the largest single day illegal marijuana bust in state history last month, House Republicans have advanced a comprehensive medical marijuana policy plan to stop illegal grows and foster a safer, fairer free market for the product.

The 12-point plan advanced through multiple bills in House committees last week.

"Illegal marijuana grows end now. The black market isn't a free market," said House Majority Floor Leader Jon Echols, R-Oklahoma City. "This comprehensive plan aggressively attacks the spread of illegal marijuana operations statewide, as the people of Oklahoma have demanded."

The 12-point plan will require:          

• Making the Oklahoma Medical Marijuana Authority a standalone agency
• A grant program for county sheriff's departments to fund law enforcement efforts in every county (HB 3530)
• Full implementation of a seed to sale system (either via court order or new legislation)
• Provisional licensing requiring pre-license inspections and increased document submission prior to approval (HB 3734)
• Tiered grow license fees based on grow size (HB 2179)
• Separate licensing for medical marijuana wholesalers (HB 3634)
• All medical marijuana businesses to post standardized permit signage at the place of business (HB 2025)
• Stringent electrical and water data reporting by marijuana growers (HB 4055)
• Annual inspections (HB 2024)
• Product packaging standards and maximum beyond use dates (HB 3019; HB 4288)
• Standardized laboratory testing and equipment (HB 4056)
• Marijuana grows to register as environmentally sensitive crop owners with the Agriculture Department (HB 3827)

A seven-member Republican working group collaborated for months with industry stakeholders, other legislators, regulators, law enforcement and other experts to develop the plan. The working group was comprised of Reps. Rusty Cornwell, R-Vinita, Jon Echols, R-Oklahoma City, Scott Fetgatter, R-Okmulgee, T.J. Marti, R-Broken Arrow, Kevin McDugle, R-Broken Arrow, John Pfeiffer, R-Orlando, and Jay Steagall, R-Yukon.

"All these bills work together to create a multifaceted, synergistic approach to extinguish illegal growing and distributing while focusing on product safety and public health," Marti said. "Oklahoma is open for legal business. Legitimate businesses will rise and illegal operators will fall under this package."

Marti is chairman of the House Alcohol, Tobacco & Controlled Substances Committee, which advanced most of the bills containing the plan.

Fetgatter, who has worked extensively on medical marijuana issues for the past three years, praised the collaboration used to develop the plan.

"These solutions build on our work in previous years to comprehensively address the most significant concerns citizens across the state – from anti-marijuana voices to our many legitimate marijuana businesses – have had since State Question 788 passed. I am proud of my colleagues for their collaborative teamwork on this complex, pressing issue," Fetgatter said.

Oklahoma voters authorized medical marijuana through State Question 788 in 2018. As the state's medical marijuana industry has grown since then, so has its illegal black market. Marijuana grown in Oklahoma can only be consumed in Oklahoma, and authorities have said far more marijuana is being grown here than can be consumed here. Law enforcement has connected some grow operations to international organized crime and drug trafficking organizations.

More than 200 law enforcement agents conducted the largest single day drug bust in state history last month, raiding a dozen locations statewide to seize 100,000 marijuana plants and thousands of pounds of processed marijuana with an estimated street value of $500 million. More a than a dozen resulting arrest warrants in multiple states are being pursued. Such raids have become increasingly common as illegal medical marijuana grows proliferate across Oklahoma.

A House resolution honoring the officers involved in the raids was presented on the House floor last week.

"If you're a bad actor, you better get out or get straight or you'll be next," said Pfeiffer, a member of the marijuana working group. "From last month's historic bust to this aggressive policy package, the message is clear: Illegal marijuana is coming to an end in Oklahoma."

State Reps study Medical Marijuana impacts on Counties

Humphrey, Kevin West Study Medical Marijuana Impacts on Counties

OKLAHOMA CITY – Reps. Justin Humphrey, R-Lane, and Kevin West, R-Moore, on Tuesday held an interim study before the House Alcohol, Tobacco and Controlled Substances Committee to discuss the impact to counties from the explosion of medical marijuana, growers, dispensers and users.

"We're following up today on what we saw in other medical marijuana studies and how this is affecting our counties," Humphrey said. "We're looking at what we need to do as a state to improve and do a better job of regulating this new industry."

West said he's heard from numerous constituents about the effect of this industry in his House district, from grow facilities to dispensaries.

"Just like any business," West said, "We have to make sure the business owner is obeying local ordinances and state law. We must ensure public safety and that our county and municipal resources are adequate to handle the demands placed on them."

During the study, lawmakers heard from county commissioners, a county sheriff, the Department of Environmental Quality (DEQ), a district attorney, a county assessor and others who addressed issues from multiple angles.

AG Hunter Advises Health Board to Amend Rules on Medical Marijuana

Attorney General Hunter Advises Health Board to Amend Rules on Medical Marijuana

OKLAHOMA CITY – Attorney General Mike Hunter today advised the State Board of Health to convene a special meeting to amend the rules it passed regulating medical marijuana.

Attorney General Hunter said his advice is faithful to and in accordance with the new law created when Oklahomans voted in favor of State Question 788.

“The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them,” Attorney General Hunter said. “Although I didn’t support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general.

“Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature.”

In a letter sent today to Health Department Interim Director Tom Bates, the attorney general writes, the board’s role in limiting the forms of marijuana products is confined to food and safety standards that are in line with food preparation guidelines, not prohibiting the sale of smokable, vapable, edible or other forms of marijuana. 

Attorney General Hunter also took issue with the board’s action to require dispensaries to hire a pharmacist, writing, “the board has not been given any express or implied statutory authority to impose additional requirements on licensees. Thus, the board rules improperly require every licensed dispensary to have “a current licensed pharmacist” present “on-site at least 40 hours per week.” Nothing in the text of State Question 788 expressly or impliedly authorizes this rule.” 

Other concerns outlined in the letter include:

• Restricting dispensaries to limited locations;
• Prohibiting dispensaries from co-locating with other businesses;
• Requiring medical marijuana be grown, processed and dispensed in enclosed structures;
• Requiring a surety bond for licensing;
• Setting hours of operation;
• Limiting the amount of THC in flower, leaf or concentrate for sale or distribution.

“I have no doubt that the board in good faith sought to regulate marijuana in a manner it believed would best promote the health and safety of Oklahomans,” the letter concludes. “However, in so doing, the board made policy judgments not authorized by statute. Such policy decisions are the exclusive prerogative of the legislature and the people.”

Read the full letter, here: https://bit.ly/2LvVQMO.

Fallin: No Special Legislative Session to Implement State Question 788

Governor Mary Fallin: No Special Legislative Session to Implement State Question 788

Governor, Legislative Leaders Confident in Emergency Rules Drafted by Oklahoma State Health Department

OKLAHOMA CITY – Governor Mary Fallin today issued the following statement on how the state will proceed with developing rules and regulations to deal with implementing State Question 788, the medical marijuana ballot issue approved by Oklahoma voters earlier this week:

“After conferring with House and Senate leaders, we believe a special legislative session is not necessary to implement provisions of State Question 788. The Oklahoma State Department of Health has developed emergency rules that will ensure the health and safety of Oklahomans as well as being fair and balanced for the marijuana industry. The Health Department has been working with other agencies the past several months to develop a medical and proper regulatory framework to make sure marijuana use is truly for valid medical reasons. The voters have spoken, and it’s important that our state has a responsible system up and running to meet the deadlines outlined in State Question 788. If circumstances develop that adjustments to the Health Department rules are necessary, those can be addressed when lawmakers return in regular session early next year.”

The Oklahoma State Department of Health (OSDH) has worked for the past three months to develop a framework for implementing the requirements of SQ 788. Now that Oklahoma voters have approved the measure, OSDH is prepared to meet those requirements by the specified time, and that the process will be handled with integrity. The proposed emergency rules are available online for review and comment. Should individuals or entities wish to submit comments to these draft emergency rules, they must be submitted in writing via e-mail on or before July 3. Proposed emergency rules will be presented to the Oklahoma State Board of Health for its consideration on July 10. More information may be found here.

Brief Blogging Bullets: a quick recap

I've been on vacation for the past two weeks, and so there's been quite a bit of news and activity that did not get a mention here.

Here are some brief blogging bullets to catch up with some noteworthy items.

• Andy Coleman received another endorsement by a Freedom Caucus member, this time from Congressman Scott Perry. Coleman has received endorsements from 8 Freedom Caucus members so far in his bid to replace ex-Congressman Jim Bridenstine in the 1st District.
• GOP gubernatorial candidate Kevin Stitt is out with a new TV ad
• OCPA statement on accused professor receiving state subsidies
• Reps. Sean Roberts, Teague Request Study on Legislation to Provide Accountability and Funding for State Agencies
• Rep. Tom Gann Submits Interim Study Request on Commissioners of Land Office
• U.S. Sen. James Lankford is encouraging Oklahomans to vote against SQ788, the "Medical Marijuana" referendum
• Surprise, surprise! Oklahoma government gross receipts set a new record in May. Gross receipts have grown by $1.3B in the last 12 months. But we still needed those tax hikes?
• According to a new statewide survey of Oklahoma voters commissioned by OCPA, Oklahomans support the idea of letting tax dollars follow the child to the school of their parents’ choice.
• GOP gubernatorial Gary Richardson is slamming Kevin Stitt's business record in a new TV ad
• 1st District GOP candidate Andy Coleman has been endorsed by Club For Growth
• GOP gubernatorial candidate Todd Lamb is out with a TV ad featuring Gen. Tommy Franks
• GOP Insurance Commission candidate Glen Mulready has a humorous and effective TV ad
• 1st District GOP candidate Nathan Dahm has been endorsed by the NRA
• GOP gubernatorial candidate Dan Fisher is running a TV ad
• The GOP race for Attorney General is turning increasingly nasty. I receive press releases almost daily from Mike Hunter and Gentner Drummond... but get such a bad taste from them that I don't run them. It's two attorneys slinging mud as fast and hard as they can... and I'm disinclined to vote for either of them at this point.

Okmulgee GOP hosting SQ788 forum on Tuesday

Medical Marijuana - Understanding State Question 788

There will be an open meeting Tuesday, April 10, at 7 p.m. designed to help the general public understand the medical marijuana State Question, 788, up for vote on June 26.  Information will be presented and questions answered by guest speakers on both sides of the question, including one of the state question authors.  This meeting is for those who really want to understand what the language in this state question allows and restricts; who can apply to use, grow, process and dispense; what government departments will be tasked with managing applications, approvals and collections; and where taxes raised are designated to go.

The open meeting will be held in the Citizen and Harlan meeting rooms in the student union at OSUIT located at  1801 E. 4th St. in Okmulgee and is sponsored by the Okmulgee County Republicans.

Fallin puts Medical Marijuana state question on June ballot

Governor Mary Fallin Sets Election Date for Medical Marijuana Issue

OKLAHOMA CITY – Governor Mary Fallin today set a June election date for the medical marijuana ballot measure.

Fallin filed an executive proclamation placing State Question 788 on the June 26 primary election ballot. The governor’s other option was to place the issue on the November general election ballot.

Supporters of an initiative petition asking voters to legalize medical marijuana gathered enough signatures in 2016 to schedule a statewide referendum on the measure.

“Backers of this proposal to legalize medical marijuana followed procedures and gathered the more than 66,000 required signatures to submit the issue to a vote of the people,” said Fallin. “I’m fulfilling my duty as governor to decide when that election will occur this year.”

If approved by voters, the measure would permit doctors to recommend a patient, who is at least 18 years old, for a state-issued medical marijuana license. A license holder would be allowed to legally possess up to 3 ounces of the drug, six mature plants and six seedlings. These limits can be increased by individual counties or cities.