Pending Oklahoma Cannabis Legislation: Delivery, Dogs and Adult Use
The 2021 legislative season begins February 1st, and we just got our first preview of what’s in store as it relates to cannabis.
Keep in mind that with all these bills legislation is pending. They’re embryonic and subject to change as they make their way through committee. If you see something you don’t like, something missing or want to encourage your representative to support these becoming law, we’ve provided links that make it easy to write your rep in each section.
Dispensary Delivery
HB 1960 would allow licensed dispensaries to deliver medical marijuana products to licensed patients’ and caregivers’ private residence. This bill isolates the delivery piece of last year’s HB 3228 that consolidated various amendments to SQ 788 and received near-unanimous support, but was vetoed by Governor Stitt.
HB 3228 is a lengthy bill that alters Oklahoma’s medical marijuana program” and the “language in the bill makes substantial policy changes to the medical marijuana program that were not fully scrutinized through normal legislative procedures before the bill was received by my office in the middle of the night Saturday.”
-Governor Stitt
Coming as a stand alone, being introduced at the top of the legislative season should give this bill the life it needs to be made law. That would make logical sense at least.
Delivery of medical marijuana would provide patients who are homebound, who have a disability that restricts them from driving, or who may be having an episode with critical access to medicine that may otherwise not be accessible to them. Oklahoma’s patients deserve that right.
If passed, delivery shall only be permitted if the private residence is located within a ten-mile radius of the dispensary. If no dispensary is located within a ten-mile radius of the private residence, a dispensary outside of the ten-mile radius may deliver to the private residence if the dispensary is located in the same county as the private residence.
If you have concerns about this bill or want to encourage support for medical delievery, write your representative here.
HB 3228 is also being rewritten. Among other protocols requested by the OMMA, that bill would have barred the Oklahoma State Department of Health from sharing patient and caregiver records without a court order and permitted dispensaries to stay in the same location if a school is built within 1,000 feet after it opens. It remains a mystery as of now what will change to satisfy the concerns communicated after last year’s veto.
Out-of-State Access
HB 2216 would allow a medical marijuana patients from other states to purchase and posses their medicine while visiting Oklahoma.
Oklahoma currently allows visitors with a valid MMJ card from out-of-state to get a temporary registration. If passed this bill would allow a valid card to be used at any licensed dispensary without the temporary registration process or fee.
The OMMA would be required to maintain a list to verify a patients medical card status, and dispensaries would be subject to penalty for failure to properly verify authenticity.
The Oklahoma Medical Marijuana Authority shall maintain and publish a list of other states that authorize the medical use of marijuana and images of the medical marijuana certifications and licenses from those states. The Authority shall make that information available to licensed medical marijuana dispensaries for purposes of verification.
-HB 2216
Fine for failure to verify authenticity was introduced at $500 for first offense, $1,000 for second offense and revocation of license on 3rd offense.
Patients that rely on medical marijuana shouldn’t be forced to go without their medicine or risk facing prosecution or penalty bringing it across state lines. Allowing medical access for out of state patients calms both anxieties and centers their rights.
Write your representative here to share your thoughts or encourage them to support this measure for out of state medical patients.
Medicinal Use for Pets
HB 2179 would create a new patient license application that allows our beloved four legged friends to use medical cannabis by recommendation of a veterinarian.
Like us, most of our animal friends have endocanebanoid systems and suffer similar ailments that medical cannabis can relieve like cancer, seizures and so on. Expanding medical use to pets can provide them with greater quality of life as well.
If passed, State Board of Veterinary Medical Examiners shall adopt guidelines for veterinarians to follow when recommending medical marijuana products within the veterinarian-client-patient relationship. Owners of animal patients will need to be 21 to acquire a license. “Animal patient” will not include livestock or animals raised for consumption.
Also worth noting:
A licensed veterinarian who makes a recommendation pursuant to this section shall be entitled to the same protections as a physician who makes a recommendation in accordance with the Oklahoma Medical Marijuana and Patient Protection Act.
If you have concerns or want to advocate for non-human-animal cannabis use, write your representative here.
Adult Use
HB 1961 - aka - the Oklahoma Adult Access to Marijuana Act would put a vote to the people to legalize the sale, possession and use of cannabis for adults.
If passed and approved by voters, people over the age of 21 would be able to purchase and possess cannabis for personal use.
This law would be in addition to SQ 788 and existing medical marijuana law, and would go into effect January of 2023.
HB 1961 leaves room for improvement, but having it on the table is a good indicator of the growing support for ending prohibition and where we are inevitably headed as a state. From boosting the state’s economy, funding public programs and freeing resources by ending enforcement of marijuana laws to shrinking the black market and teen use, pragmatic regulatory framework for legalization brings obvious benefits that only build on the success the medical program has demonstrated.
However, there are some concerns that have been shared with this bill in its current form. Those are:
Only permits 1oz on person and in home
Does not allow for resident homegrow
homegrow could be considered a felony offense
No protections for parents rights
No protections for people on parole/probation
No protections for people with public benefits
No employment protections
No protections for gun owners
Does not reduce excise tax for Oklahoma’s medical patients
Remember, these are all issues that can be evolved through the legislative process. If you have concerns or want to express and encourage support, get involved now, write your representative here.
HB 1961, HB 2179 and HB 1960 were all submitted by Representative Scott Fetgatter.
“When I write a law, I'm not concerned about someone who is using marijuana just to get high.… When I write a marijuana law, I truly am thinking about that grandmother who has rheumatoid arthritis and can't hold her grandbabies or that grandfather that was like mine and had Parkinson's.”
Rep. Scott Fetgatter
There were a number of other bills introduced that at least partially relate to Oklahoma’s medical marijuana industry, they can all be accessed and read here.
The attorneys at Gies Law Firm can help you navigate this ever changing legal landscape and better understand the complexities that arise at the intersection of state and federal law so that you remain in compliance and stay in business. Contact us today if we can help you.
