New Draft Of State Medical Marijuana Emergency Rules Posted

Friday, July 27th 2018, 1:30 pm
By: Aaron Brilbeck

A new draft of emergency rules for the state's medical marijuana program has been posted to the Oklahoma Medical Marijuana Authority's website.

According to the website, the information regarding applications reflects recent changes recommended by the Oklahoma attorney general.

All information is subject to change and is pending official adoption of emergency rules by the Oklahoma Board of Health and approval from the governor, according to the OMMA. 

The Board of Health was accused of usurping the will of the voters by making dramatic changes to State Question 788 that included banning smokable marijuana and requiring a pharmacist be present at dispensaries.  Now, the agency is backing off.

The Department of Health has revised its rules to:

  • Remove the ban on smokeables
  •  Remove requirement for a pharmacist in every dispensary
  • Remove limitations on THC content
  • Remove the requirement for pregnancy test before allowing a patient to receive a medical marijuana license.

The revisions also include:

  • Making physician registration optional
  • Requiring a bona fide physician-patient relationship, but no longer requires a physician to have ongoing responsibility for the individual’s care.
  • Removes the requirement for annual assessment
  • Lowers age of dispensary employees from 21 to 18.

Backers of medical marijuana in Oklahoma say it’s a good start.

"However the issue still remains that there is no statutory authority granted to the department of health to implement 788," said Bud Scott with New Health Solutions. “That's why we have to go into special session and address this through statute."

The proposal also eases regulations on how many plants can be sold and where medical marijuana can be dispensed. 

Below is a PDF summary of the rule revisions:

Below is a PDF of the revised emergency rules that need to be approved by the Board of Health.