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The Oklahoma Health Council plans to hold a special meeting to consider amending the rules governing medical marijuana.
Oklahoma Attorney General Mike Hunter advised the council on Wednesday to convene a special meeting
Health Bureau officials issued the following statement,
"The Board of Health appreciates the Prompt review by the Attorney General and acknowledges advice and guidance regarding the prior adoption of the emergency rules. on the state issue 788. The Attorney General's legal analysis clarifies several rules and the legal power we have to build a regulatory framework for a national medical marijuana program.
I asked Commissioner Bates and his staff that the appropriate amendments are made as described by the Attorney General in today's correspondence. The OSDH staff has done an incredible job in preparing for the implementation of this program and we want to make sure that it has a clear direction to meet the deadlines set forth in the question of the State and administer this new program. "
During the primary elections on June 26, the Oklahomans voted to approve the 788 state issue, legalizing medical marijuana in the state." The state health board of the state Oklahoma then enacted strict regulations, notably banning the sale of medical marijuana to be smoked in dispensaries and requiring the presence of a pharmacist in dispensaries.
Gov. Mary Fallin signed the rules. At the request of health officials, Hunter said his office would review the court challenges to the Department of Health. [2] 19659003] Hunter said Wednesday that his council was faithful to the new law created when the Oklahomans voted in favor of question 788.
"The current rules contain provisions that are inconsistent with ec the plain language of question 788 and the Public Health Board acted outside of its authority when it voted to implement them, "Hunter said. "Although I have not supported the 788 issue of the state, the people of the state have spoken and I have a legal duty to honor the decision taken by the state. Electorate, but my advice today is done as Attorney General. "
"In the future, I encourage all stakeholders to work with the Marijuana Legislative Working Group for Medical Purposes to ensure that their concerns and recommendations are heard and addressed. by the legislature, "Hunter said. Director Tom Bates, Hunter writes that the role of the board in limiting the forms of marijuana products is limited to food and safety standards that are in line with food preparation guidelines, not prohibiting the sale of smokable marijuana, vapors, edible or other. 19659003] Hunter also challenged the board's action to compel clinics to hire a pharmacist, writing, "The board has not received any express or implied permission to impose additional requirements on licensees. Thus, the board's rules incorrectly require that each licensed clinic have "a pharmacist holding a current license"
present "on-site at least 40 hours a week". Nothing in the text of the state question 788 expressly or implicitly permits this rule. "
According to the office of the AG, other concerns described in the letter include:
- Restricting dispensaries to limited places
- Forbid dispensaries from co-locating
- Requiring that marijuana for medical purposes be grown, processed and distributed in closed structures
- Require a bond for licensing
- Limit the amount of THC in flowers, leaves or concentrates for sale or distribution
"I have no doubt that the council of good faith sought to regulate marijuana in a manner that, in its opinion, would best promote the health and safety of Oklahomans," concludes the letter. principle not authorized by law.These political decisions are the exclusive prerogative of the legislature and the people. "
Read the full letter.
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