Medical marijuana has contributed $42 million for the Oklahoma Department of Education during the past fiscal year, officials say.
The Oklahoma Medical Marijuana Authority announced Tuesday that fees and taxes levied on the state’s cannabis industry generated enough in revenue to fund nearly 800 teachers’ salaries during the past fiscal year.
Spokesperson Terri Watkins said the OMMA contributed $42 million dollars to the Oklahoma Department of Education.
State Question 788, which legalized medical cannabis use and sales in Oklahoma, mandates that 75% of any surplus OMMA funds go to the state’s General Revenue fund and that the money “may only be expended for common education.”
That money made up $12 million of the funds given to the Department of Education, Watkins said, while the remaining $30 million was the result of a funding appropriation by the state Legislature.
“So I talked to the Department of Education, and we calculated what that money would represent, and it represented the salary of (794) teachers,” she Watkins.
But she said the $42 million allocation is distinct from the proceeds received through the 7 percent excise tax on medical cannabis sales in the state.
“And we’re still building up more money right now,” Watkins said of the state’s program.
When State Question 788 was passed, “nobody really knew what the income (from medical cannabis) would be,” she said.
The OMMA last week reported receiving about $5.34 million in funding from that tax in September and more than $41 million since January. State and local sales tax proceeds in September totaled about $6.68 million, bringing the calendar year total above $52.5 million, according to the OMMA.
Former OMMA Director Adrienne Rollins said in August 2019 that the agency would likely need about $15.6 million to fund operations for the 2019-20 fiscal year, according to Tulsa World archives.
Meanwhile, nearly 10% of Oklahomans have either applied for or received a medical cannabis patient license as of this month, with more than 350,000 active licenses in circulation as of Oct. 5.
“I think it’s important that people know where the money is going,” Watkins said of the proceeds. However, she said, “people need to understand that (appropriation) decisions are legislative, which is not a negative, but that’s where the decision-making is done.”
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Still illegal: 10 things patients can't do 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
Renters have no legal right to smoke medical marijuana, even with a patient card, if the landlord/owner issues rules for residents that prohibit smoking.
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Samantha Vicent
Staff Writer
I cover topics including marijuana in Oklahoma, Tulsa County District Court proceedings, law enforcement use of force and the Oklahoma prison system, including the death penalty. Phone: 918-581-8321
