In full knowledge that the emergency Rules will likely be challenged in district court, the Oklahoma Board of Health voted to add extra 'hurdles' to the implementation of Medical Cannabis.
The proposed draft that was published on July 7th, was approved with the exceptions of 2 items.
Perhaps no segment of society has a greater problem with a 'god complex' than physicians. In this case the president of the board repeatedly stated that the duty of the agency is protecting the public health. And to that end, they added rules which go far beyond the tobacco regulations. Currently, no pharmacist is required at a 'Smoke Shop' or tavern or liquor store. Perhaps this board (mostly physicians) would change tobacco distribution rules if they had the chance to, but they felt emboldened to do so, today. Dr. Girard of Durant was the author of the added pharmacist rule. It seems likely that if this rule stands, only national chains and local independent pharmacists are likely to actually own & operate dispensaries in Oklahoma.
The parents of a young Tulsa man who overdosed on ingestibles and died tragically in Colorado, point out that ingestibles have a very serious danger which smoking marijuana does not. Smoking brings on an almost immediate effect and the more naive person is not likely to ingest more. In the Luke Goodman death, he ingested 5 times the maximum recommended amount, because he felt no effect after several minutes of swallowing an edible serving.
The courts have stated that agency rules cannot be 'arbitrary or capricious'. But by subjecting this mandate to rules which tobacco and liquor are not, seems to fall under the banned agency practices.
Fortunately for patients, the option of home-growing personal medicines remains intact.
Advocates of 788 have praised the staff of ODH for their engagement and dedication to getting good rules ready in a timely manner. The Board, which meets for about 1 hour per month, will likely be strongly criticized for today's actions.
Here's the text of the rules presented to the board of ODH. The 2 amendments are not yet published.