Several consumer groups and healthcare professionals have provided essential feedback to the Oklahoma Dept. of Health regarding the new statutes passed by Oklahoma voters on June 26th. The measure provides for a new class of Cannabis products to be authorized as medical care for patients whose physicians direct the treatment.
The final proposed rules for the Oklahoma Medical Marijuana Authority program are posted below. A previous version of the draft rules was posted for public review and comment on 6/26.
Those public comments, as well as comments from other state agency partners and other interested groups, have been carefully reviewed and considered from a legal perspective with the overarching responsibility of the Department of Health to promote and protect public health while implementing the will of the people as demonstrated in the passage of State Question 788.
Below is a summary of the proposed rules. All changes from the previous version posted for public comment are noted by an asterisk.
On Tuesday the State Board of Health is expected to pass this latest draft.
Updated Final Draft of Emergency Rules Submitted to
Oklahoma State Board of Health
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.
These rules will be submitted for review and possible adoption by the Oklahoma State Board of Health at their Tuesday, July 10, 2018 regular meeting. This meeting is open to the public; however, the meeting room has limited space and most attendees will be seated in a separate area for viewing. As there has previously been a public comment period regarding proposed rules, there will be no public comment accepted at the meeting.
* (indicates a modification to the 7/26/2018 draft rules proposal)
Text of State Question 788
Frequently Asked Questions
Public Comments Received on Draft of Emergency Rules - Excel file for download
Public Comment Attachments - Zip file
Final Draft of Emergency Rules Submitted to Oklahoma State Board of Health (posted 7/8)
Statement on Passage of SQ 788
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 confident that we are ready to meet those requirements by the specified time and that the process will be handled with integrity.
Emergency rules governing the Oklahoma Medical Marijuana Authority will be considered by the Oklahoma State Board of Health at their July 10 meeting. Application information and requirements will be available by July 26 for all of the defined categories and the agency will begin accepting applications no later than August 25. Program information will be made available at omma.ok.gov.
“Please do not visit the state or county health department offices with questions relating to medical marijuana. We are still working with limited staff who deliver clinical and other services across the state,” said OSDH Interim Commissioner Tom Bates. “All relevant information and instructions will be provided online.”
The application process will be available at the required time and will be enhanced in the coming months to make it more efficient for all interested parties. It may take some time to fully implement all of the steps recommended in preparation for this new program, but we will continue to work to meet the letter of the law and to protect the health and safety of all Oklahomans.
We have also established a phone number that will provide pre-recorded information for interested applicants. The number is (405) 271-2266.