The leader of a trade group for Oklahoma’s fledgling medical marijuana industry said Monday that Gov. Mary Fallin’s decision not to convene a special legislative session regarding State Question 788 is a “failure of leadership” and called on the governor to reverse her Friday announcement.
Bud Scott, the executive director of New Health Solutions Oklahoma, said in a statement that Fallin opting not to call a special session is not in reality a victory for the medical marijuana industry but rather is indicative of skirting her duty to Oklahomans who supported having medical marijuana on the books.
“Treating sick Oklahomans with medical cannabis requires establishing a new and very complex industry that includes growers, processing facilities, distributors, dispensaries, medical research, security and technology companies and a variety of other professional services,” Scott said in a news release. “All of these sub-industries, and the thousands of jobs they represent, require responsible legislation establishing an orderly and fairly regulated marketplace.”
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He went on to say the lack of a special session means there is no path to establishing such a marketplace even though the language of SQ 788 indicates it will be law within 30 days, and that the Legislature and governor should have taken steps earlier to compile regulations.
“It is a decision that no responsible Oklahoman should be happy with. It is certainly a decision that will make it harder for Oklahomans with conditions like cancer, PTSD and epilepsy to get the medical products they need,” Scott said. “The people have spoken. Our lawmakers need to act now, in a special legislative session, to carry out their will.”
After State Question 788 passed, the Oklahoma Department of Health announced the creation of the Oklahoma Medical Marijuana Authority, which will be under the OSDH umbrella and oversee the establishment of the new industry. So far, the OSDH has drafted a 61-page document of emergency rules that govern requirements for growers, processors, medical professionals and patients.
Public comments about the rules on the Marijuana Authority’s website are being accepted until Tuesday, and the OSDH will meet July 10 to discuss formal approval.
A 12-member expert panel, whose members will be appointed by the Commissioner of Health, is also expected to advise the agency on matters relating to the medical marijuana industry by Dec. 1 of this year and by July 1 of each subsequent year.
Scott, in a previous interview with the Tulsa World, has said his group is working closely with OSDH to make the implementation of SQ 788 a success. He said the current emergency rules are a good first step, but Scott was critical of what he deemed the governor’s decision to “punt” such a complicated matter to the OSDH without help.
But Chip Paul, a co-founder of Oklahomans for Health, said the OSDH has “really done a wonderful job” so far and believes OSDH “absolutely respects the spirit of 788.” He said grass-roots activists have already made regulatory recommendations to OSDH and met with officials there Monday morning.
Oklahomans for Health spearheaded gathering voters’ signatures so SQ 788 could appear on the ballot.
“We’re in the proper place, and we should be dealing with the proper people,” Paul told the World on Monday afternoon. When asked about the request for a special session, Paul said the Legislature isn’t knowledgeable enough about the issue to make effective regulations and noted the public has spoken about how it feels through its votes in favor of SQ 788.
“Our (recommended) regulations are pretty close to (OSDH’s),” Paul said. “I don’t know why someone would call for a special session. That seems very costly and egregious.”
Michael McNutt, a spokesman for Fallin’s office, responded to Scott in a statement Monday afternoon, saying it is “much quicker and more cost-efficient” to have the OSDH handle the matter than call a special legislative session during an election year.
“The governor’s office believes that asking the Legislature to pass comprehensive legislation to fully regulate a new and very complex industry in a special session is not realistic,” McNutt said. “Mr. Scott and others are encouraged to weigh in on suggesting rules or regulations to implement State Question 788 to the Oklahoma State Department of Health.”
