Cannabis commission considered

Panel studies oversight, regulatory control on medical marijuana

During the second meeting of a bipartisan legislative working group, lawmakers and marijuana advocates spent four hours Wednesday discussing the next steps for medical cannabis regulations, including the potential creation of an independent state agency that would have oversight and regulatory control of the marijuana industry.

Committee members asked a wide array of questions of some of the state’s most influential marijuana advocacy groups — Green the Vote, New Health Solutions and Oklahomans for Health — ranging from growing and cultivation to the apparent clash between federal and state laws.

When committee co-chair Rep. Jon Echols, an Oklahoma City Republican, proposed blending ideas from each group to create a cannabis commission, representatives from those groups said the most important thing was making sure that there would be proper representation on the commission’s governing board, including advocates and industry experts.

“The big takeaway today is that there appeared to be agreement around a cannabis commission, which solves so many issues,” Echols said. “Each group had specific desires and we can put all of those desires together and have a pretty decent starting point for that commission.”

Advocates said such a body could be funded through fees and taxes related to the marijuana industry.

Other questions concerned federal laws against marijuana, which is classified as a Schedule 1 drug, considered

the most dangerous. That makes what Oklahoma is doing illegal in the eyes of the federal government. It also potentially prohibits gun owners from having medical marijuana cards and forcing marijuana businesses to only deal in cash since banks cannot legally take their money.

Rob Durbin, an attorney with Green the Vote, told the committee that interference from the federal government is highly unlikely, saying “the tides have turned,” and pointing to the roughly 30 other states with medical marijuana

programs.

Echols said if the committee doesn’t put forth a recommendation allowing for gun owners to also have medical marijuana licenses, he would author a bill to allow for it. But the banking issue will prove to be more troublesome, he said, leaving businesses in the industry to be able to deal only in cash.

“We could make a state bank, but it would not have FDIC insurance and our bank commissioner won’t do that,” Echols said. “The banking issue needs to be solved on the federal level . ... There are 30 other states that have this, so if there was a good way to get around the banking, it would have already been

figured out.”

Bud Scott with New Health Solutions said his group has been working on the financial issues and could potentially have legislation ready by 2019.

Chip Paul of Oklahomans for Health said lawmakers should pay close attention to the federal government, where U.S. Sens. Cory Gardner and Elizabeth Warren have introduced what’s known as the STATES Act, which would allow states with legal marijuana markets to be exempt from the Controlled Substances Act.

At one point, Rep. Dustin Roberts asked if advocates would be OK with removing the requirement that revenue from medical

marijuana only be allowed to go to certain agencies, effectively giving the legislature control over the funds.

Paul said, if created, that could be an issue for the new regulatory agency to decide. Isaac Caviness with Green the Vote disagreed that the funds' final destinations be changed at all.

“The people don’t trust this legislature and the funds should be given where they were said to be given,” Caviness said, pointing to education, mental health and drug rehabilitation services.

Zoning regulations concerns, potential for marijuana products to end up on the black market and limiting available licenses

were also discussed. When Sen. Julie Daniels asked what the most important things were the committee needed to focus on, advocacy groups said patient access, home growing regulations, business licenses and retraining law enforcement should be high priorities.

The Legislature created the working group to address medical marijuana regulations just days after the Board of Health implemented controversial new rules last month. The group is expected to discuss issues surrounding medical marijuana and eventually craft legislative recommendations.

Echols said the committee still has much work

to do, but they will continue meeting Wednesday mornings until they have a set of recommendations ready. He didn’t say whether a special session of the legislature was likely at this point.

Kelli Dickerson, a marijuana advocate with multiple sclerosis, said she is hopeful after attending the meeting.

“I was surprised and pleased by the questions that I heard, frustrated by a few, but what can you expect when we’ve had so much miseducation?” Dickerson said. “We’ve got to find some way to make this work, and the last great hope is compromise amongst reasonable people.”