Barbara Hoberock
Tulsa World Capitol Bureau Staff Writer
OKLAHOMA CITY — Oklahoma Supreme Court Chief Justice John Kane heard arguments Tuesday in a case seeking to challenge a new law that increases some medical marijuana licensing fees for businesses.
Jed Green, founder of Oklahomans for Responsible Cannabis Action, and three companies filed suit against the Oklahoma Medical Marijuana Authority on June 30 and asked the Oklahoma Supreme Court to assume original jurisdiction, meaning the case would not start in a district court. The suit asks the high court to find House Bill 2179 unconstitutional.
Kane will issue a report to the full court, which could accept or reject the case.
The lawsuit alleges that the law is a revenue-raising measure but that the Legislature did not follow the rules governing passage of such measures.
“The Legislature’s hike in the fee structure represents an extraordinary leap in the amount of revenue that the State will collect through medical marijuana business licensing,” the suit says.
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Under the new law, annual fees are assessed through a “tiered licensing scheme” that ranges from the current $2,500 to more than $50,000, the lawsuit notes.
William Flanagan, assistant solicitor general for Attorney General Gentner Drummond, asked the court not to take the case. He said the bill is not a revenue-raising measure but that all of the fees are going to a regulatory purpose, he said.
The goal is to decrease the supply of marijuana and improve public safety — not raise revenue, Flanagan said.
“The rapid expansion of the industry has provided opportunities for organized crime, and the boom has made it difficult for regulators to keep up,” according to the state’s response to the suit. “To address the oversupply of marijuana in the State, the Legislature enacted House Bill 2179 to raise some of Oklahoma’s uniquely low licensing fees to a level in line with that of other states.”
Green has said the increases are not needed to support regulation, adding that the program has been revenue-positive since it started.
Flanagan noted that the plaintiffs waited more than a year before filing the suit.
The law was signed on May 26, 2022, but did not become effective until June 1 of this year, according to court documents.
Stephen L. Cale, an attorney for the plaintiffs, said the matter is of constitutional and public concern and that the court should take the case because the challenged law has a statewide impact.
He reiterated the plaintiffs’ contention that the bill levies a tax but that lawmakers did not follow the proper procedure for increasing taxes.
“There is a pressing need for finality to this issue,” Cale said.
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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
