Stillwater Information Press report…
On June 26, 2018, about 507,000 Oklahomans voted sure on State Query 788, legalizing medical marijuana within the state.
The initiative for the legalization of medical marijuana started as a petition by a gaggle known as Oklahomans for Well being. The group gathered round 67,000 signatures to have their volunteer-written state query placed on the poll.
When SQ788 handed, voting Oklahomans handed what’s being known as probably the most progressive medical marijuana legal guidelines in the USA. As soon as SQ788 handed, Oklahoma’s Medical Marijuana Authority had 60 days to arrange a program.
As soon as arrange, by 5 p.m. on Aug. 25, 2018, greater than 1,500 candidates utilized for the a number of medical marijuana licenses obtainable. By eight a.m. on Aug. 27, over 2,100 candidates. By Dec. 31, over 36,000 candidates.
Most candidates had been making use of for a affected person license, however candidates may additionally apply for a brief license, caregiver license, dispensary license, processor license and business grower license.
Presently, having an Oklahoma affected person license means that you can possess three ounces of marijuana in your particular person, six mature marijuana vegetation, six seedling vegetation, one ounce of concentrated marijuana, 72 ounces of edible marijuana and eight ounces of marijuana at residence. The price of buying a affected person license is $100, or $20 if on Medicaid. Oklahoma’s possession limits are 6.5 occasions felony restrict in Colorado.
Oklahoma can also be the one state that doesn’t have qualifying circumstances for affected person licenses.
A caregiver license is for individuals who handle homebound sufferers. This may very well be an aged affected person or a younger youngster and anybody in between. Caregivers are allowed to own, develop and purchase marijuana for the sufferers they’re taking good care of. Caregivers, proper now, haven’t any restrict on the quantity of sufferers they will handle. So, if a caregiver is taking good care of 10 sufferers, they might doubtlessly develop as much as 120 vegetation of their residence.
Caregivers additionally should not have to do their very own functions. If a affected person places their caregivers’ title down on the appliance web site, that particular person is then designated as a caregiver and might then possess all of the medical marijuana a affected person may possess.
Dispensary licenses price $2,500. The dispensary must be at the very least 75 p.c owned by Oklahomans who’ve had residency standing for 2 years.
The processing license is at present probably the most regulated as a result of it offers with meals and meals merchandise. The Meals Security Requirements Board was created to supervise what occurs with processed marijuana when transformed into an edible type. It prices $2,500 to acquire this license.
The business grower license can also be $2,500, which is low in comparison with Arkansas, which has a $100,000 license charge plus a $500,000 efficiency bond. There isn’t any restrict proper now on how a lot marijuana might be grown.
As of June 3, 129,085 affected person licenses, 818 caregiver licenses, 1,479 dispensary licenses, 3,026 grower licenses and 811 processor licenses have been accepted. Which means that Oklahoma has one dispensary license for each 87 affected person licenses, and two growers for each one dispensary.
Due to the best way SQ788 was written, disputes with employment and what sort of actions employers can take started to come up.
Per part 6(B) of SQ788 “ Employers could not take motion in opposition to the holder of a medical marijuana license solely primarily based upon the standing of an worker as a medical marijuana license holder or the outcomes of a drug check displaying constructive for marijuana or its parts.” This implies sufferers with a medical marijuana license, even those that work in security delicate positions, may keep away from the results of drug testing for marijuana merchandise.
This additionally signifies that, at present, somebody may very well be fired for having marijuana on their particular person at work, however can’t be fired for being excessive at work.
On March 14, Gov. Kevin Stitt accepted Home Invoice 2612, also referred to as the “Unity Invoice.” This invoice was created to extend a few of the restrictions on sure points of SQ788 whereas additionally clarifying a few of its language.
HB2612 clarifies that federal regulation preempts state medical marijuana packages required to observe federal drug-free office tips. Employers nonetheless could not discriminate in opposition to marijuana sufferers, however could self-discipline or fireplace workers who fail drug exams if they’re in a security delicate place. The invoice additional states that insurance coverage carriers will not be required to cowl the price of medical marijuana.
Beforehand, in SQ788, property-owner consent was not essential for rising marijuana. So, when you had been renting property you wouldn’t want landlord consent to develop on that property. Now, HB2612 would require property-owner consent for homegrow operations, and homegrow operations should not be viewable by a traditional particular person with 20/20 imaginative and prescient.
The invoice additionally requires seed-to-sale stock monitoring, so each business enterprise will now have to trace their product all through the system.
HB2612 will enable companies and property house owners the fitting to ban the usage of smokable medical marijuana and clarifies that licensees are topic to the identical restrictions as tobacco beneath the “Smoking in Public Locations and Indoor Workspaces Act.”
A number of public well being considerations had been additionally addressed in HB2612 together with laboratory testing, youngster security tips and extra.
HB2612 is about to take impact on Aug. 29. On March 29, Callum v. Bates was filed by lawyer Julie Ezell. This lawsuit is asking the courtroom to carry HB2612 as unconstitutional. As of proper now, there has not been any progress on this case.