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Sales Reps Face Jail Because of Gaps In Oklahoma Law

7/27/2019

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  Oklahoma is experiencing a full blown industry explosion for cannabis medicines. Each of the past 5 months have seen a 33% increase in statewide sales tax increases over the prior month. If this continues just a few more month, Cannabis excise & sales taxes could overtake liquor tax collections in Oklahoma.
  But along with the explosive sales growth, many problems are now presenting, for law enforcement who have little training on the massive changes and how to determine who is a legal medicine distributor and who is a black market cartel operative. Sheriff Damon Devereaux of Logan County just recently had to return a large shipment of medicine to an Enid producer and drop all charges against two transport workers whom his department accused of running contraband drugs.
  The problem for law enforcement is that the legislature failed to provide a proper state certification of transport employees for company who grows, processes, or retails cannabis (marijuana).
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  The Oklahoma State Health Dept. decided not to act on the problem through temporary agency rules for the Oklahoma Medical Marijuana Authority(OMMA). Instead they are expected to create some form of a marijuana transport worker license withing a month. It's not clear what they will roll out or if it will become workable.
  But the growing need for Outside Sales Reps. is not going to be addressed by the transport rules of HB2612 (Omnibus Medical Marijuana Statutes of 2019). Sales Reps are sometimes independent brokers who work on commission for one or multiple companies. they do the arduous work of knocking doors all over the state, calling on Dispensary Owners and showing product samples on behalf of processors & growers. These 'road warriors' often have to carry many samples and would exceed the maximum 1.5 ounce limit that a patient can possess at one time.
  This weekend I spoke with Chance Tinker, a bright and ambitious man who represents an Oklahoma processor and their various refined CBD & THC medications. If Chance didn't have a diagnosed condition which his physician recommended cannabis meds to treat, Chance wouldn't have a patient card. He'd almost certainly be in jail by now.
  Chance is a formerly trained 'first responder' for a Tulsa suburb. But that's meaningless as he drives in SW Oklahoma, on his way to Apache, Hinton, & Clinton. To cops on the other side of the state, Chance may be a cross-country drug runner.
  Chance may not qualify to apply for an OMMA Transporter license.  There are many new sales reps in Oklahoma who carry the samples of full lines of medicines for several companies. They may not legally be deemed as employees of any one of the companies whom they work straight commission to represent. These self motivated individuals need a simple means of answering a law enforcement inquiry of why they are in possession of so much cannabis?
   The OMMA could develop language in their new transporter licensing so that Outside Sales Reps do have protection as a transporter, but not licensed to consume. A simple recommendation from a licensed MMB should be enough to suffice that a sales rep is working to distribute legal medicines for them. Otherwise sales reps will have to find a physician willing to fudge on a patient application and make a mockery of state law; just to be able to carry a line of samples and call on dispensaries. It's really hard to respect a set of laws which don't provide proper protection for hard working 'over the road' sales reps., Like my old friend, Chance Tinker.
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    David Van Risseghem reports the events and adds some perspective. 


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    David Van Risseghem  is the Publisher of SoonerPolitics.org. The resource is committed to informing & mobilizing conservative Oklahomans for civic reform.  This endeavor seeks to utilize the efforts of all cooperative facets of the Conservative movement...

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