Late Tuesday afternoon the Oklahoma Department of Health(ODH) published a final draft set of emergency rules for the newly enacted medical marijuana laws that the people of Oklahoma passed into law by a historic voter turnout.
The ODH Board had passed a very predatory set of rules just 3 weeks ago but lawsuits by the citizens forced the Attorney General and Governor to move quickly and rescind those emergency rules.
Just last Thursday, the Interim Director, Tom Bates; met with proponents of the new law and conceded several points to the working group. When that group heard Director Bates' proposal, they added several more issues where the agency clearly went beyond the authorization and even contradicted the new law in numerous ways.
To the ODH's credit, they spent the weekend and early this week to remove more than half of the previous rules.
On Wednesday afternoon the Board of Health will convene an emergency meeting to reconsider their previous resolutions and it's expected they will discuss and vote on the draft published below this article.
We'll add the web link to the live webcast of the OBH meeting when it's made available.
Here's the meeting notice for the OBH Emergency meeting. They will have an 'executive'(closed & confidential) session with the agency's attorneys, to discuss lawsuits arising from last month's violations of law regarding the old set of rules.
Tuesday, July 31, 2018
State Board of Health to Hold Special Meeting on Wednesday
For Release – July 30, 2018 – Tony Sellars, Office of Communications – (405) 271-5601
The Oklahoma State Board of Health will hold a special meeting on Wednesday, August 1, at 3 p.m. Due to limited space available in the meeting room, overflow viewing areas will be provided.
Special Meeting of the Oklahoma State Board of Health
August 1, 2018, 3 PM
Posted at www.health.ok.gov
Oklahoma State Department of Health
1000 NE 10th Street, 11th Floor, Room 1102
Oklahoma City, Oklahoma
AGENDAI. Call to Order, Roll Call, and confirmation of a Quorum
II. The drafted minutes for the following meetings will be reviewed, discussed, and considered for approval:
a) May 8, 2018 and July 10, 2018 Regular Meetings
III. Consideration, possible action, and vote on changes to the 2018 Board of Health meeting dates, locations, and times. Proposed changes for consideration:
a) Change August 10, 2018 date to September 14, 2018 -Moore Norman Technology Center (Oklahoma City) - 8:30am
IV. Pursuant to 25 O.S. § 307(B)(4), an Executive Session is proposed for the purpose of conducting confidential communications between the Board of Health and its attorneys concerning pending lawsuits and claims in the following: Kenneth Wogoman, et al. vs. State of Oklahoma ex rel., The Oklahoma Department of Health, et al, No : CV-2018-1413 (Oklahoma County) and Dahn Gregg, et al. vs. State of Oklahoma ex rel., The Oklahoma Department of Health, No: CV-2018-1416 (Cleveland County).
a) Motion and vote to (A) determine that disclosure will seriously impair the ability of the Board of Health to respond to the claims and lawsuits, and (B) to go into executive session.
b) Vote to reconvene in open session and possible action based on discussions in executive session.
V. Consideration, possible action, and vote to open the emergency rulemaking record for amendments to the current emergency rules contained in 310:681, which regulate the use of medical marijuana and were adopted by the Board of Health on July 10, 2018. **
VI. Consideration, possible action, and vote to amend sections of the emergency rules contained in 310:681 consistent with "Version 7-31-18" received by the Board of Health and posted on the OMMA.ok.gov website on 7/31/18. If adopted by the Board of Health and approved by the Governor, the following sections, considered for amendments or revocation, will replace the rules signed by the Governor on July 1, 2018:**
• 310:681-1-4 through 310:681-1-9.l (Amended)
• 310:681-2-1 through 310:681-2-3 (Amended)
• 310:681-2-4 through 310:681-2-7 (Amended)
• 310:681-2-9 through 310:681-2-10 (Revoked)
• 310:681-2-11 (Amended)
• 310:681-2-12 through 310:681-2-13 (Revoked)
• 310:681-Subchapter 3 (Amended)
• Subchapter 4 (Revoked -Research License incorporated in Subchapter 5)
• 310:681-5-1 through 310:681-5-4 (Amended)
• 310:681-5-5 (Revoked)
• 310:681-5-6 through 310:681-5-10 (Amended)
• 310:681-5-11 (Revoked)
• 310:681-5-12 through 310:681-5-13 (Amended)
• 310:681-5-14 through 310:681-5-16 (Revoked)
• 310:681-5-17 through 310:681-5-18 (Amended)
• 310:681-5-19 (Revoked)
• 310:681-6-1 through 310:681-6-2 (Amended)
• 310:681-6-3 through 310:681-6-11 (Revoked)
• Subchapter 7 (Amended)
• Subchapter 8 (Revoked) Possible Action:
Possible action may include, but is not limited to: taking no action; continuing the matter; adopting the proposed rule changes in whole or in part; deciding not to adopt the rule changes; or adopting a modified version of the rule changes.
**Due to the previous online public comment period, there will not be an opportunity for public comment on the proposed amendments to the emergency rules during the board meeting.