Drug Policy Reform Group Announces "CARE Act" legislation

  The Drug Policy Reform Network has released a new legislative proposal that seeks to build on the consensus of all concerns for cannabis medicine policy and accessibility.
  The CARE Act attempts to stay true to the framework of SQ788 while providing a 'fleshed out' framework for medical professionals, public health agencies, and public safety policies.
​  Here's a press statement from the Drug Policy Reform Network;

  The CARE Act identifies and solves the following gaps or other issues posed by the legislative working group and the community. This is a proposal document synthesizing the best ideas from all parties. This is not the final legislative draft nor the sum of all ideas nor is is statutory language to amend 788, that is coming in the future. Your input is welcome! 

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​1. Provides authority to the Oklahoman Medical Marijuana Authority(OMMA) to carry out its duties as needed to ensure public health and safety through testing, labeling, packaging, product recall, and other reasonable authorities asked for by the OSDH.
​2. Creates an Advisory Board with equal representation, including representation from the cannabis community, to recommend rules to the Authority for dispensing, cultivating, processing, testing, transporting, storage, research, tracking, reporting, educational licenses and more.

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3. Creates an Authority Fund and sets apportionments as set in SQ788.

4.  Amends 788 wholesale grower tax to include a graduated wholesale tax. The tax is zero percent (0%) for monthly yields less than 100 lbs, or approximately a 6,000 SQ ft facility. This is a market driven solution to protect small Oklahoma growers from predatory shell companies backed by billion dollar investment firms dumping a monocultural and subpar product on the market.

  A monoculture is bad for patients because the variety of ailments treated by cannabis requires a large diversity of strains on the market. A monoculture prefers standardized equipment, while smaller operations prefer diverse strains. This is the best solution we have analyzed after looking at plant totally open markets, plant count limits, canopy count limits, the 85% requirement from Colorado’s recreational program, and other custom ideas. No other solution solves the various problems presented by the initial market being flooded with out of state million SQ ft facilities dumping on the market.

​This will continue to drive down marginal costs for patients and satisfy the primary complaint coming from industry groups. The tax goes to municipalities and counties, which are restricted from applying a further sales tax.

1. On-site assessments and inspections of commercial medical marijuana facilities for interviews with commercial operators, assessments of compliance with rules, and financial disclosure to comply with sections of 788.
2. Civil fines on growing too much at home to avoid possibly falling under criminal penalties.
3. Hearings and appeals process for patient, caregiver, and commercial applicants.
4. Petitions to the OMMA for statement of position
5. Medical Marijuana Use Registry for physician verifications of medical marijuana usage, an API for open verification software, privacy friendly MMJ license, and transportation license validation system for law enforcement.
6. Additional discrimination protections including the best gun rights protections feasible for medical marijuana patients. It will be a felony for law enforcement to infringe on the rights of a medical marijuana patient for the sole usage of medical marijuana.
7. Allows hazardous workplaces to use urinalysis and a workplace impairment device to detect impairment for medical marijuana patients. These devices are more accurate at detecting impairment than urinalysis, which we know has zero correlation to impairment however this safety blanket must be given to employers. These devices can solve the safety problems presented to us by businesses and employers and protect patients who are not impaired but would fail a urinalysis or other THC metabolite test.
8. Banning prohibition on smokable flower and THC limits, no pharmacists required
9. Allows MDs, DOs, and other providers as authorized to dispense. Removes board certification requirement restricting many older physicians from recommending <future amendment>. This Act will also allow nurse practitioners and physician assistants in rural areas to petition the Licensing board for authorization to make recommendations.
10. Additional protections for physicians participating in the medical marijuana program.
11. Optional registration process for physicians.
12. Reasonable limits on caregivers, striking homebound from 63 O.S. § 420A(K) <future amendment>.
13. Background checks for owners of medical marijuana businesses and license holders
14. OBN registration to allow for protections from unwarranted OBN raids; OBN must have a warrant to enter the premises
15. Simple homegrow restrictions to prevent diversion and prevent explosions
16. MMJ disposal to non-profit dispensaries
17. Exceptions for inter-state seed purchases, clones, and cuttings
18. No limits on commercial licenses, one license per structure, no local licensing boards allowed, and an annual renewal program for commercial licenses
19. Reasonable security restrictions for MMJ businesses and cultivation, permanent zoning protections against cities and counties interfering with industry, only indoors and greenhouse growing allowed to ensure quality of medicine and significantly reduce need for testing and inspections
20. Extension of business approval/denial deadlines for OSDH
21. Financial disclosure statements for MMJ business owners
22. Additional residential requirements for MMJ business owners
23. Cutting edge testing and comprehensive labeling for medical marijuana and its constituents. Random system for contaminants testing
24. Simple packaging and child-resistant restrictions on MMJ containers, authority given to OMMA to enact reasonable rules and regulations.
25. Give recommending physicians more leeway in the time a card is applicable for. Extend discounts to disabled individuals.
26. Amends existing statutes to make 63 O.S. § 420A(B) the primary possession law <future amendment>
27. Amends existing statutes to remove 3.5/g Tax Stamp <future amendment>
28. Amends Food Labeling statutes to remove prohibition on Cannabis <future amendment>
29. Eliminate existing DUI rules for medical marijuana card holders. Stipulate Standard Field Sobriety Test on Video plus other evidence (SFST+1) i.e. smell of burnt marijuana, open container, and other circumstantial evidence over inaccurate blood test. <future amendment>.
30. Ensure definition of marijuana allows existing CBD products to continue to be sold over the counter. Ensure that guidelines for medical marijuana follow Federal hemp guidelines, so that hemp-based CBD products are not affected by this program  <future amendment>.
31. Amend 63 O.S. § 2-509(H) to exempt 788 language <future amendment>.

 

Creates an Advisory Board with equal representation, including representation from the cannabis community, to recommend rules to the Authority for dispensing, cultivating, processing, testing, transporting, storage, research, tracking, reporting, educational licenses and more.
Creates an Authority Fund and sets apportionments as set in SQ788

 CARE Act Working Group
​We are working with a wide array of individuals across many domains. Our expert panel includes but is not limited to the following individuals. Many remain anonymous for professional reasons including our law enforcement contacts which are largely unofficial. If you want to join the team, please feel free to reach out to us!

• Frank Grove, co-author of SQ788, MS in Computer Science
• Lawrence Pasternack, Ph.D. Philosophy
• Doug Jones, Ph.D. Social Sciences
• Sunil Kumar Aggarwal, Ph.D. Medical Geography, M.D
• Jan Parker, P.A.
• Scott Michener M.D.
• Scott Carter, Ph.D. in Economics
• David Van Risseghem, Mental Health Advocate
• Dennis Strice PhD, Behavioral Science,  Certified Rehabilitation Counselor
• Lauren and Shawn Jenkins, Caregiver Advocates
• Leslie Collum, R.N.
• Justin Hayden, BBA in Accounting, Finance, and Management
• Board of the Drug Policy Reform Network of Oklahoma

  Feel free to email comments to [email protected]. Read the full draft here.

This is a preview draft of the actual legislative proposal. More edits may come.