As of July 10, 2018, the Oklahoma State Board of Health has been granted emergency regulations to place on the forthcoming medical marijuana and medical marijuana dispensaries.
The following proposed regulations were discussed by the OSBH:
" 1. All recommendations for a patient to receive a medical marijuana license must be made by an Oklahoma Board Certified Physician. Only physicians who are licensed by either the Oklahoma Board of Medical Licensure and Supervision, or the Oklahoma Board of Osteopathic Examiners and meet the requirements of the Oklahoma Board of Medical Licensure and Supervision or the Oklahoma Board of Osteopathic Examiners to hold themselves out as "Board Certified" are eligible to make a recommendation for medical marijuana.
2. All physicians who plan to make recommendations for medical marijuana must register with the Department prior to making medical marijuana recommendations.
*3. All patients receiving a recommendation from their physician for medical marijuana must have that recommendation reviewed by their physician at least annually. Additionally, physicians must screen for substance abuse, mental health issues, and whether the patient presents a risk for the diversion of marijuana prior to making a recommendation for medical marijuana.
*4. Pregnancy tests are required before a physician makes recommendation for medical marijuana to female of childbearing years. The rules require the physician to consider a woman's pregnancy status and the potential risk to an unborn child when recommending medical marijuana to a pregnant woman.
*5. Recommendations for medical marijuana for minor patients must be made by either a pediatrician or one a physician with a board certification in a pediatric specialty.
*6. Patient license holders can appoint a caregiver if they are unable to ambulate or meet other criteria. The caregiver will receive a license from the Department and may obtain medical marijuana from the dispensary on behalf of the patient. All patient and caregiver licenses are valid for two years, subject to restrictions.
7. All patient license holders are eligible to home grow their own marijuana subject to the limitations on amounts imposed by the state question. All home grown medical marijuana must be behind a fence under lock and key and not visible from any street.
8. Medical marijuana may be sold in smokable form, but the same restrictions on public consumption of tobacco will be applied to marijuana.
9. All transporters of medical marijuana must have a transport license.
10. Per state statutory requirements, all growers, processors and dispensaries must register with the Oklahoma Bureau of Narcotics and Dangerous Drugs as due to the fact that marijuana is a 'controlled dangerous substance' under the law.
*11. All dispensaries will be required to have a Dispensary Manager who will dispense medical marijuana, advise patients, track inventory, and ensure the dispensing of medical marijuana complies with the applicable rules.
*12. Individuals/entities may own/operate a dispensary, processor, and growing operation. They are not restricted to one establishment.
*13. Listed requirements for dispensers, processors, and growers when advertising medical marijuana.
*14. Listed requirements for Inventory control/tracking of medical marijuana for all dispensaries, processors, and growers.
*15. Listed requirements and guidelines for the processing of medical marijuana both by the licensed processor, as well as the patient who chooses to process their own marijuana.
*16. Medical marijuana grown by a commercial grower can only be grown indoors.
17. Stringent testing requirements for all processed marijuana and medical marijuana products.
18. Stringent labeling requirements for all medical marijuana products sold at a dispensary.
19. A single serving of a medical marijuana product processed or dispensed shall not exceed ten (10) milligrams active tetrahydrocannabinol (THC) Medical marijuana products and Medical Marijuana Concentrate processed or dispensed shall have a THC content of not more than twelve percent (12%). Mature marijuana plants shall have a THC content of not more than twenty percent (20%).
20. Standards for the disposal of unused medical marijuana and medical marijuana waste." (http://omma.ok.gov)
The rules approved by the OSBH would then be used to create the Oklahoma Medical Marijuana Authority program.
However, not listed here is the decision to forbid the sale of marijuana buds, plants, flower, etc., opting to allow only marijuana sales in the form of edibles. This was approved by a majority vote during the aforementioned board meeting.
This is disheartening news to not only proponents of recreational marijuana, but also to users who rely on the instantaneous relief of smokable marijuana as opposed to the slower onset of pills and edibles (which may take as long as a half-hour to a full hour to take effect).
However, this is not the final ruling. Governor Mary Fallin has 45 days to approve or disapprove the rules set by the Board. State representative
Jason Lowe has already petitioned Fallin to hold another special hearing in order to discuss the institution of these new rules. Fallin has not yet responded, but she has said previously that she had intended to leave the institution of special rules to the Board.
Moreover, the original rules for possession of plants and processed marijuana still remain in effect. This is to say the ownership and cultivation of marijuana in a smokable form remains quite legal as of the passing of the law, but the new rules instated today, if they remain in effect, will prevent the purchase of smokable marijuana from Oklahoma dispensaries.
More news to follow on the issue as it becomes available and as the law goes into effect.
