Oklahoma is getting a grip on the state’s cannabis sector and will have an even firmer grasp if legislation pending this session makes it into law, two knowledgeable officials told the Tulsa Regional Chamber on Friday morning.
“A lot has changed since August,” Oklahoma Medical Marijuana Authority Executive Director Adria Berry said, referring to the date she was appointed to the position. “We did need to step up — and we’ve stepped up tremendously in a very short period of time.
“From August 2021 to today, we’ve doubled our staff, from 100 to 200. The purpose of that is to have inspectors in the field across the state. We didn’t have that before. We didn’t have nearly enough inspectors to go and have eyes on every licensee.”
The combination of more inspectors and a seed-to-sale program that tracks individual plants will help the state control illegal activity in the sector and better monitor overall production.
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“When I came into this job, a lot of people were angry because we had not done our job,” Berry said. “I know there is a lot to clean up. It’s going to take some time. But we’re absolutely doing it.”
Until recently, Oklahoma had more than 8,000 licensed medical marijuana growing operations, far more than any other state and growing far more than was being legally consumed by Oklahomans. Authorities soon learned that the broad framework put in place when voters legalized medical marijuana in 2018 made Oklahoma a haven for illegal operations.
“Listening to the industry, the industry wants to be regulated,” said state Rep. T.J. Marti, R-Broken Arrow, chairman of the House Alcohol, Tobacco and Controlled Substance Committee. “A lot of people have investments in the industry, and the industry is struggling. It may not look like it from the outside, but inside, the industry is struggling.”
Marti said the proliferation of relatively unfettered medical marijuana businesses has caused the price of the product to go from $3,000 per pound to as little as $400.
“Compared to other states, we give marijuana away in Oklahoma,” said Marti. “We’re the cheapest by far. Joints are $1. It’s a joke. … Growers aren’t making money.”
Oklahoma lawmakers believe proposals for the 2022 session send a message: “If you’re an illegal operator, your time is up."
Among steps under consideration during the current legislative session are splitting the Oklahoma Medical Marijuana Authority from the State Health Department to create an independent agency; steep fee increases, especially for large growing operations; and required prepackaging for all retail sales.
All face opposition from various interests, but Berry and Marti said there is broad support for reform. Berry said the number of grow licenses is declining and that an equilibrium will be reached at some point.
“It has to,” Berry said. “That’s the way the free market works. With the free market approach and us able to regulate better, we going to see (fewer business). … In reality, it would probably only take a few of these large grows to supply the entire state.”
10 things that are still illegal under Oklahoma's medical marijuana laws
Can’t get a prescription for marijuana
Marijuana is listed as a schedule 1 controlled substance in federal law, so it cannot be prescribed, only "recommended."
A Ninth Circuit Court ruling ensures protection for doctors who issue recommendations to patients who may benefit from cannabis-based treatments, but federal law precludes doctors from “aiding and abetting” patients obtaining marijuana. This means doctors and patients cannot discuss dosages, strains or specific cannabis products for treating a specific ailment. Doctors instead fill out a form indicating they have discussed the risks of marijuana use with the patient and feel the benefits are worth the treatment.
Some patients who see physicians for pain and are treated with opioids also may not be able to do so and use medical marijuana as a licensed patient.
Can’t use marijuana in the workplace or be impaired on the job
State Question 788 says only that an employer may not discriminate against an employee simply because of their status as a medical marijuana patient. This means that simply having a license cannot be grounds for termination or discipline. That employer can still, however, write and enforce rules that restrict the use of marijuana by employees just like any other controlled substance. No patients would be protected if they come to work high, use marijuana in the workplace or attempt to do their job while impaired.
Can’t transport marijuana across state lines
Patients who obtain medical marijuana cards in other states may purchase from dispensaries there, but the products may not be brought back to Oklahoma. Nor could a patient travel to a state with a recreational marijuana law and bring any legally obtained products back to Oklahoma. Those patients who plan to cultivate marijuana at their own homes would also not be permitted to obtain seeds from another state.
Can't get a doctor's recommendation inside a dispensary
A change to the law made it illegal to post a physician inside a medical marijuana dispensary, as this one did, for customers to sign up as patients inside the retail business operation.
Can't try the product while shopping
The use of any cannabis product is prohibited inside a licensed medical marijuana business, so patients should not expect samples like what some CBD shops have been able to offer.
Can’t smoke marijuana where tobacco also prohibited
The law makes cannabis like tobacco when it comes to public consumption by falling under the Smoking in Public Places and Indoor Workplaces Act.
Can't give marijuana away
Nothing in the law allows for patients to transfer ownership of marijuana. Patients cannot donate or sell marijuana, even to other patients. Licensed patients may cultivate marijuana on their own residential property or, with written permission, on rented property. They cannot grow outdoors unless the plants are surrounded by a locked 6-foot fence. If the yield of the plants at harvest surpasses the legal amount that may be in a patient’s possession, the marijuana must be either processed or destroyed. Patients may process their own marijuana for concentrates or edibles but would not be permitted to perform extractions using butane.
Can’t drive while impaired on marijuana
Although it is legal for patients to have a certain amount of marijuana on their person, if that patient is behind the wheel, a law enforcement officer will evaluate whether the person is at all impaired. Driving while under the influence remains illegal even for medical marijuana patients.
Can’t possess an excessive amount of marijuana
A patient remains within the legal guidelines if they possess no more than 3 ounces of marijuana on their person and 8 ounces at their residence, 1 ounce of concentrated marijuana, and 72 ounces of edible marijuana. If caught exceeding those limitations, a patient would lose their license and could face criminal charges including intent to distribute or trafficking.
Can't smoke where you're told not to
