Dozens of municipalities across the state have put in place local ordinances that would regulate medical marijuana in the months since State Question 788 passed with 57 percent support.
City councilors in Pawhuska met Oct. 9 to discuss its proposed ordinance, which included "a number of places that you could not grow, sell, wholesale ... that was what you would see is the Broken Arrow approach," city attorney John Heskett told councilors. "And they got sued for that."
When asked a question about the more restrictive ordinance that councilors had been presented the previous week, Heskett replied, "You go at your own peril on that — there could be a lawsuit."
The ordinance councilors ended up voting on was a less restrictive ordinance that would do little more than align city code with state law.
Many city governments have tried to adopt only limited regulations, learning from the experience of the state Board of Health, which had to repeal unpopular restrictions upon advice from the Attorney General's Office that the rules went beyond the scope of the law voted on by the people.
However, some smaller municipalities across the state have taken a hardline approach and outright banned most commercial marijuana operations within their cities. Almost a dozen cities' ordinances appear to be crafted from the same boilerplate language.
Five cities across Oklahoma are facing legal challenges to their proposed or enacted regulations. The city of Shawnee just backed off on the part of its ordinance that would have imposed fees and fines on patients growing cannabis at home.
Below is a roundup of where the cities' local ordinances stand and whether they have been challenged by the filing of a lawsuit. (Note: If you came from Google on your phone and can't see the text beneath each city name, click here to access the page through tulsaworld.com instead.)
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"We don't want recreational; ... however, that bill has been brought. We can't unread it. If we don't do something to stop 807 and 808, we're going to get free-for-all recreational and no medical," the group called We Are 788 said.
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