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State Health Dept Failed To  Authorize A Source of Cannabis Plants

7/13/2018

Comments

 
I really... REALLY, hope this is nothing.
  But one of the stark omissions from last Tuesday's Board of Health meeting was where the 'authorized' cannabis plants are going to be attained from? The enacted rules that Gov. Fallin signed on Wednesday put strict rules on licensed growers. They cannot suddenly have a full nursery of plants that they cannot provide source evidence for.
  We called the Public Information Officer at the ODH. Jamie Dukes told us that all cannabis plants must be acquired in-state. A listed seller must be named in the procurement records of a dispensary or processor. This is strictly enforced.  It would make reasonable sense that black market cannabis is not an answer. By stipulating the seller, someone is going to face felony charges for being the trafficker of controlled substance. 
  • "Acquire" or "Acquisition" means coming to possess marijuana by means of any legal source herein authorized, from an authorized source, and in accordance with Title 63 O.S. § 420 et seq. and the rules of this Chapter.
Picture
Cannabis seedlings like these will need about 90 days to be ready for harvest.

  We think the writing team must have a typo because we checked Justia and the OSCN and could not find a statute numbered "Title 63 O.S. § 420".  
 So, it could be implied that;
  • A licensed patient must only buy from a licensed dispensary
  • A licensed dispensary must buy from a licensed processor.
  • A licensed processor must buy from a licensed grower.
  • A licensed grower must buy from ????
  We know that no patient is allowed to have any seedlings until after Sept. 3rd. They are not allowed to have mature plants until October 27th. But the emergency rules state that the patients cannot buy the cannabis plants at any licensed commercial grower, laboratory, processing plant or dispensary.
​310:681-7-2 Prohibited Products 
  • (a) No commercial establishment shall manufacture or offer for sale or consumption any medical marijuana product intended to be attractive to children or minors including, but not limited to, the following:
  • (1) Gummy bears, lollipops, animal or other similarly shaped candies or products, fake cigarettes, or gummy worms.
  • (2) Products in a shape that bears the lines or contains characteristics of a realistic or fictional human or other being, animal, fruit, or other familiar shapes such as starts or flowers including artistic, caricature, or cartoon rendering.
  • (b) No commercial establishment shall offer for sale any marijuana seedlings or mature plants. No mature plants are authorized in the possession of either a commercial establishment licensee or patient license holder until 60 days after August 27, 2018. No seedlings are authorized in the possession of a commercial establishment license holder until 7 days after August 27, 2018.​
So home-growing cannabis patients have no authorized source specified in these rules. The licensed growers are banned from selling plants to patients. the Dispensaries are banned from having any natural plant products in the retail facility. This is a 'catch 22' which makes every would-be homegrower  either have to go to the home of another cannabis patient and somehow go home with some clones(seedling clips). Otherwise they are forced by these rules to go to the black market and thus violate their obligation to the rules & lose their license.
  Will the Dept. of Health adopt a 'Don't Ask- Don't tell' policy for home growers and commercial growers? These seriously ill patients deserve and ought to demand an answer. I asked the public information officer this very question and not only could she not answer it; but she seems to have not thought about it or heard any discussion of it.
  I'd bet there is either an answer which they overlooked and didn't announce, or they're going to get on the issue quickly. This rules development team has been very prompt and we expect no different. the board members are a whole other lot.
Comments

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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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