Lawmakers form committee on medical marijuana policy
ACLU-OK hints at lawsuit
Oklahoma legislative leaders said Thursday they will create a working group to address medical marijuana regulations just days after the Board of Health implemented controversial new rules.
House Speaker Charles McCall and Greg Treat, who will serve as leader of the Senate next session, said the bipartisan committee will begin working with medical marijuana stakeholders to write policy conforming to voters’ intent.
Their joint statement made no reference to whether they would consider a special session, which could circumvent Health Department rules. Gov. Mary Fallin previously rejected the idea, saying that comprehensive medical marijuana legislation in special session would not be realistic.
Meanwhile, the American Civil Liberties Union of Oklahoma said that a lawsuit to challenge the rules is being considered. House Democrats called for a special session.
“We are glad to see the speaker and the incoming majority leader of the Senate have committed to upholding the will of the people,” said state Rep. Steve Kouplen, D-Beggs. “We support the idea of a bipartisan working group only if a date for special session is chosen. Otherwise, we feel that the working group would be nothing more than a political stunt to ease the justified outrage of Oklahoma voters.”
Last-minute provisions
Fallin on Wednesday signed emergency rules that were introduced by the Oklahoma State Board of Health. Most of the new rules regulate labels, testing, advertising and disposal. However, additions introduced at the last minute included provisions that ban smokable marijuana and some edibles, and the requirement that each dispensary hire a pharmacist.
“We have an obligation to voters to get this right,” said McCall, R-Atoka. “The House is committed to implementing the will of our citizens in a responsible way that respects the desire of voters while also protecting public safety and addressing concerns from the business and medical communities.”
Treat, R-Oklahoma City, said his side of the Capitol will not undo voters’ intent when State Question 788 passed in June.
“While the Health Department and its commissioner did yeoman’s work in drafting emergency rules, the Board of Health’s adoption of last-minute amendments without public comments has undermined the public’s confidence in the system,” Treat said. “Lawmakers have the ability to amend this law as we move forward to address any issues which may arise.”
McCall and Treat will announce members of the working group early next week. The group has no set timetable yet for meeting or making recommendations, but the Health Department is scheduled to release information about its licensing structure this month.
Patients and business owners can then begin filing for licenses in August. That could be delayed if the rules are challenged, however. Allie Shinn with ACLU of Oklahoma said the group is considering legal action to reverse some of the provisions.
“A committee can’t fix the many issues we see with these new rules. If the Legislature can’t fix that in a special session, we’ll have to fix it in the courts,” Shinn said.