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Medical Marijuana Authority Sets July 10th Emergency Rules Meeting

7/1/2018

Comments

 
  Oklahomans have spoken loudly this week. The political earthquake in the 'reddest of red states' told Lincoln Blvd that some major changes are going to happen.
  Drug policy is one such mandated change. The people have said that the medicinal potential of Cannabis will be readily available to patients whose physicians direct such treatment.
The newly audited Oklahoma Health Dept. is rolling out their first mission objective since going through a thorough investigation of their leadership.
  The state agency has their 3rd new commissioner in less than a year. the finances have been audited and the whole department faced a months-long grand jury process.
  The new Oklahoma Medical Marijuana Authority (OMMA) will hold a public meeting on July 10th, to potentially make radical changes to the voters' initiative. These new members of the OMMA are not elected leaders. They are appointed by the governor as well as other boards, agencies, and authorities.
  
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  The OMMA already created a working draft of emergency rules that they may formally adopt on July 10th. They include;
  1. a delay in treatment. Ill people with all the proper documentation will still be told to wait until August 25th, to avoid being arrested for taking their directed medical treatment and restoring their lives and livelihood. 
  2.   Doctors of Chiropractic, Doctors of Optometry, and Dentistry are being banned from treating patients with Cannabis medicines. Glaucoma is one of the most clearly established conditions which Cannabis effectively treats, but your eye doctor is now being deemed useless by the health dept. Oklahoma law defines a “state licensed physician” to include a medical doctor(MD), osteopath(DO), dentist(DDS, DMD), optometrist(OD), chiropractor(DC) or podiatrist(DPM). 
  3. The licensing process is similar to that of seeking a federal passport, and several documentation rules will apply. Both residency and identity must be established.
  4. Doctors directing cannabis treatment cannot also be a cannabis patient or caregiver.
  5. A variance hearing process for use of product in ways that otherwise are not lawful.
  6. Growing Cannabis for patient's own use must be done indoors or inside a locked privacy fenced area that patient owns or rents (with written permission of owner).
  7. ​The Oklahoma Tax Commission will have a special form for reporting monthly sales tax at dispensaries.
  8. Cannabis medicines not used by the licensed patient must be destroyed or surrendered to law enforcement when the license expires.
  9. Licensed commercial producers must be completely indoor secured, surveilled operations.
  10. No ingestible cannabis processed edibles may be packaged to resemble a candy, gummy, or other child treat.
  11. The OMMA will dictate which laboratories that the producers must use for mandatory testing of products. Every 'batch' of product must be tested and approved by an authorized testing laboratory.
  12. ​​  There is an online form that the public can use, to submit input on these proposed rules. It is recommended that patients anticipating a personal usefulness of cannabis medicine, study these rules and discuss them with other patients & advocates.
Here's the press statement from the OMMA:

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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.
​
  • Text of State Question 788
  • Updated Draft of Emergency Rules for Implementation of SQ 788
  • Frequently Asked Questions
  • Public Comment Form on Proposed Emergency Draft Rules 
​ FREQUENTLY ASKED QUESTIONS

When and where will applications be available?
Application information and requirements will be available online at omma.ok.gov by July 26. However, the Oklahoma State Department of Health (OSDH) will not receive or process applications until August 25.

Who will be in charge of approving medical marijuana licenses?
The OSDH will create a regulatory office to oversee the program. This office will receive all licensing applications related to medical marijuana including patients, caregivers, growers, processors, transporters and dispensaries.

How long will it take for me to receive approval from OSDH?
The OSDH will respond to all applicants within 14 days on the denial or approval of your completed application packet.

How much does a patient medical marijuana license cost?
The license application fee will cost $100 and need to be renewed every two years. For Medicaid/SoonerCare or Medicare enrollees, the license application fee will cost $20.


What do I need from my physician to get a patient license?
For a patient to get a license, Oklahomans 18 and older would need to get a physician’s signature attesting that they need medical marijuana. Oklahomans under the age of 18 must get two physicians’ signatures. This must be documented on an official OSDH form that will be available on the program website, omma.ok.gov. 

What if I need a caregiver to help me?
Under certain circumstances, a license may be provided to a designated caregiver of a licensed patient. Information will need to be provided to support this need. 

What is the process for growers, processors, transporters, and dispensaries to obtain a license? 
On July 26, application information and requirements for these licenses will be available at omma.ok.gov. Applicants must be at least 25 years old, reside in Oklahoma, and must be registered to conduct business in the state as well as meet other licensing requirements. Entities can have ownership consisting of no more than 25% ownership by non-Oklahoma residents. The license application fee for growers, processors, and dispensaries will be $2,500. OSDH will continue to provide the most up to date information as the program is fully implemented. Please check omma.ok.gov or call (405) 271-2266 for updates. ​

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