Health Dept. Announces Cannabis Rules "2.0"

  Early this morning there will be a new draft set of Medical Marijuana Rules being prepared for next Wednesday's meeting of the Board of Health.
  Isaac Caviness (CBD shop owner) & Chris Moe (MMJ patient) were two of the select group of Cannabis medicine proponents whom Interim Director Tom Bates of the Oklahoma Health Department (ODH) invited to get a sneak preview and give feedback on the ODH new draft rules. SQ788 author, Chip Paul called SoonerPolitics yesterday to confirm he is also attending the meeting.
  The draft will be posted at http://omma.ok.gov/ at any moment. There will be some public response accommodations over the next 4 days. On Tuesday a final draft will likely be posted for the Wednesday OBH emergency meeting.
   It is essential to the constitutional right of petitioning of Govt. and right or redress of grievance; that citizens study this and any set of proposed rules. Waiting until Wednesday to speak up, is a roadmap to more failure. If a citizen has a concern, then they have a duty to become informed promptly!
  If further board obstruction occurs, citizens say they may exercise another petition drive.... to get 5000 signatures for a grand jury to look at evidence  regarding the state agencies & board members in collusion to obstruct the law.

Tom Bates(left) is making overtures to resolve the board's missteps of this month. But Tim Starkey(right) will still control the Board Meeting which has the ultimate say.

   Here's a video from two attendees of yesterday's meeting at the Oklahoma Dept. of Health.

Here's what the OMMA's Rules & Regulations page looked like at 8am, today.
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HOME  /  RULES & REGULATIONS / Rules & Regulations
Approved Emergency Rules for Implementation of SQ 788
​The emergency rules for SQ 788 that were approved by the Oklahoma State Board of Health and Governor Mary Fallin are available at the link below:
Approved Emergency Rules for Implementation of SQ788 (7/10)
Updated Final Draft of Emergency Rules Submitted to Oklahoma State Board of HealthThe final proposed draft 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.   

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.
Final Draft of Emergency Rules Submitted to Oklahoma State Board of Health (posted 7/8)
Other Documentation:

• Text of State Question 788
• Public Comments Received on Draft of Emergency Rules - Excel file for download
• Public Comment Attachments  - Zip file

When the new proposed draft is posted, we will add them for comparison...