Here is the last-minute Food Safety Rule That The Board of Health Inserted, To contradict the legality of medical marijuana.
310:681-5-9. Standards for handling and processing medical marijuana and medical marijuana products.
These rules do not relieve commercial licensees of any obligations under Oklahoma law, statutes, and rules, including 63 O.S. § 1-1101 et seq., 63 O.S. § 1-1401 et seq., the Oklahoma Administrative Code (“OAC”) 310:257, and OAC 310:240, to the extent they are applicable and do not conflict with 63 O.S. § 420 et seq. (the statutory language of SQ788)
So, let's look at some of those discrete references and see what harm they could present...
§63-1-1101. Definitions. For the purposes of this article:
(a) The term "food" means (1) articles used for food or drink for man, (2) chewing gum, and (3) articles used for components of any such article.
(b) The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this article that any word, statement, or other information appearing on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if there be any, of the retail package of such article, or is easily legible through the outside container or wrapper.
(d) The term "labeling" means all labels and other written, printed or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article.
Laws 1963, c. 325, art. 11, § 1101.
§63-1-1102. Acts prohibited.
The following acts and the causing thereof within the State of Oklahoma are hereby prohibited:
(l) the sale, offer to sell, dispense or release into commerce of any food or confection under a name, label or brand when the name, label or brand either precisely or by slang term or popular usage, is the name, label or brand of a controlled dangerous drug or a controlled dangerous substance by law.
Laws 1963, c. 325, art. 11, § 1102; Laws 1973, c. 114, § 1.
§63-1-1402. Acts prohibited.The following acts and the causing thereof within the State of Oklahoma are hereby prohibited:
(a) The manufacture, sale, or delivery, holding or offering for sale of any drug, device, or cosmetic that is adulterated or misbranded.
§63-1-1408. Adulteration of drugs and devices.
A drug or device shall be deemed to be adulterated:
8. If it is sold or offered for sale and is not lawfully marketed under the federal act for the purpose for which, and in the form in which, it is sold or offered for sale, unless the drug or device has been exempted from the requirements of this paragraph by the Commissioner of Health, or if the drug is compounded by a registered pharmacist pursuant to a prescription by a licensed practitioner.
Laws 1963, c. 325, art. 14, § 1408, operative July 1, 1963; Laws 1992, c. 52, § 3, eff. Sept. 1, 1992.
Opinion of the Editor
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David Van Risseghem is the Director of Sooner Politics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform. This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...