Oklahoma’s medical marijuana law becomes effective July 26, and last week, emergency rules were put in place to implement State Question 788.
Despite controversy surrounding some of the rules voted on by the state board of health and approved by Gov. Mary Fallin, the foundation has been laid for the state to launch its medical cannabis industry. What does that mean for patients?
This primer should help explain, but keep in mind that a lot can still change. Two lawsuits have been filed against the state regarding SQ 788 emergency rules, one of which asks a judge to halt the implementation of the “arbitrary and capricious” requirements set forth.
Also, the Legislature has the power to further amend the rules in a special session or during its next regular session; and after January, the regulatory power of the Board of Health transfers to the state health commissioner, who will be appointed after a new governor is elected in November.
People are also reading…
Here are questions and answers about the new law and the regulations established last week:
How do I get a prescription for medical marijuana?
Marijuana is listed as a Schedule I controlled substance in federal law, so it cannot be prescribed or dispensed by a pharmacy. Patients may consult their doctor, who must be an MD or DO, for a medical marijuana treatment recommendation. Physicians planning to recommend medical marijuana would be required to file a specific form with the state Health Department. In Oklahoma, physicians would be permitted to use their medical judgment when evaluating each patient’s ailments because the law lists no qualifying conditions for marijuana treatment. If the physician signs a statement that the patient could see symptom relief through marijuana treatment, the patient can apply for a state medical marijuana license good for up to two years.
When will medical marijuana be available to me?
With a new lawsuit seeking an injunction to block restrictive emergency rules in the implementation of the state’s medical marijuana program, long delays could be likely. Licensed patients will likely not be able to buy any medical marijuana products until November at the earliest. No mature plants are authorized in the possession of either a commercial establishment licensee or patient license holder until 60 days after Aug. 27, 2018. Once mature plants are harvested, curing, testing and processing would take weeks.
Where can I legally buy medical marijuana?
Because federally it is a Schedule I controlled substance, marijuana products may not be dispensed in pharmacies. Patients may purchase medical marijuana products only from a licensed Oklahoma dispensary. If dispensaries have no products available when a patient receives his or her license, the patient has no legal way to obtain medical marijuana. Patients are not allowed to break federal law to obtain cannabis even for state-approved treatment, and that includes transporting marijuana across state lines. The law does not allow for patients to gift marijuana to one another.
If I want to grow marijuana, am I allowed to do that?
Licensed patients may cultivate marijuana on their own residential real property or on rented real property for which the patient has written permission from the owner to grow marijuana. The plants must not be accessible to the public and, if grown outdoors, must be hidden behind a 6-foot fence secured with a lock and key. Patients may process their own marijuana for concentrates or edibles but would not be permitted to perform extractions using butane.
Is smoking medical marijuana allowed?
Patients who cultivate their own marijuana may smoke what they grow themselves. Another method of consuming marijuana buds through heat is vaporization, a process with similar efficacy as smoking but without the potentially harmful smoke. Vaporizing marijuana allows the THCA in dried, raw marijuana to undergo decarboxylation (the heating process that turns the cannabinoid into the psychoactive chemical THC) without igniting the plant matter.
Am I allowed to buy from a dispensary medical marijuana that can be smoked or vaporized?
The dried marijuana flowers or “buds” will not be sold in Oklahoma dispensaries under an emergency rule added in the 11th hour by the state Board of Health banning the dispensing of smokable marijuana products. The board determined that it would be counterproductive to its mission of promoting public health if smoking were permitted as a marijuana delivery method because of the negative effects of the smoke itself.
Are there rules established for where to get seeds or plants for growing?
Under state and federal law, all marijuana products — including the seed — must be grown, processed and used in Oklahoma. But without legal grow operations, it’s unclear how cultivators will get seeds to start the initial legal medical marijuana crops. The emergency rules did not establish a workaround for these businesses to legally obtain seeds. Federal law prohibits the transport of cannabis seeds across state lines.
If there are no rules for purchasing seeds or plants, how could I grow it?
The leader of a medical marijuana trade association for Oklahoma has said he believes seed stock can be shipped, as growers typically order seeds by mail. Many seed vendors who ship by mail do so discreetly for their customers because it’s a violation of federal law.
How much medical marijuana will I be allowed to possess?
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.
Who is making the decisions on regulations governing medical marijuana?
Because SQ 788 gave the state Health Department power to put in place the emergency rules implementing Oklahoma’s medical marijuana program, the agency’s nine-member Board of Health is making decisions. After January 2019, the power of regulating the program and making changes to the law would fall on the health commissioner and the Legislature.
