Oklahoma SQ788 IS NOT MEDICAL PAC Forms

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Oct 30, 2007
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Big government strikes again.
If someone truly wants MJ for medical purposes, why would they care if they can't smoke it? What other forms of medication are smoked?

This seems like a good way to separate the people who really do want it for medical purposes from the people who want to use it as an excuse for recreational use.
 

StillwaterTownie

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If someone truly wants MJ for medical purposes, why would they care if they can't smoke it? What other forms of medication are smoked?

This seems like a good way to separate the people who really do want it for medical purposes from the people who want to use it as an excuse for recreational use.
Some cancer patients say they owe their lives to smoking marijuana. It helped them survive anti-cancer treatment. Or do you pretty strongly suspect think they are trying to con people? The reality is they were doing quite well with their cancer treatments. The treatments eventually cured them of cancer. They only wanted to get high, especially when the treatments were making them feel bad.
 
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Oct 30, 2007
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Some cancer patients say they owe their lives to smoking marijuana. It helped them survive anti-cancer treatment. Or do you pretty strongly suspect think they are trying to con people? The reality is they were doing quite well with their cancer treatments. The treatments eventually cured them of cancer. They only wanted to get high, especially when the treatments were making them feel bad.
Don't misunderstanding what I'm saying. I've heard that MJ is an effective help to those going through cancer treatments as well. I've also heard that the CBD oil is effective in helping to control seizures. I'm not saying that it doesn't have credible medical uses. My question was why does it need to be in a smokable format? What's wrong with edible MJ? Doesn't it provide the same effect without forcing you to breath smoke into your lungs?
 

oks10

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Sep 9, 2007
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Don't misunderstanding what I'm saying. I've heard that MJ is an effective help to those going through cancer treatments as well. I've also heard that the CBD oil is effective in helping to control seizures. I'm not saying that it doesn't have credible medical uses. My question was why does it need to be in a smokable format? What's wrong with edible MJ? Doesn't it provide the same effect without forcing you to breath smoke into your lungs?
@Pokey mentioned this earlier (not sure if it was this thread or another) but some people have issues keeping food down from being nauseated by the chemo to the point of not being able to keep down even water. That's the only explanation I've seen as to why smoking it would be needed.

Edit: updated to give Pokey a little credit. ;)
 
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Feb 27, 2018
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Tulsa
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An update...

Oklahoma House and Senate leadership signaled their dissatisfaction with the State Board of Health’s new medical marijuana rules Thursday by announcing the creation of a “working group” to come up with a way to implement State Question 788 in a “manner that conforms to the will of the voters.”

Meanwhile, the House Democratic Caucus advocated for a special legislative session, citing its belief that it would be “an act of complicity” on the part of the Legislature to let the emergency rules stand as-is.

Oklahoma House Speaker Charles McCall and Senate President Pro Tempore-designate Greg Treat issued a joint statement Thursday afternoon announcing the creation of a bipartisan group of legislators to “determine a path forward for implementation” of the state question.

“The Oklahoma Senate will not undo the will of voters, who spoke loudly by passing State Question 788,” said Treat, R-Edmond. “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.”
Link

Also, an excerpt from Wayne Greene's latest column...

Thanks to Oklahoma voters, a lot of things that used to be felonies aren’t any more — especially things involving possession of small amounts of drugs.


State Question 788 — passed by voters last month with 57 percent of the vote — provided primarily for legal licensing of people using marijuana for medical treatment. SQ 788 also provides that people who do not have a medical marijuana license but who “can state a medical condition” have only committed a misdemeanor if they possess up to 1.5 ounces of marijuana. You don’t have to have the condition or have ever sought treatment for it, you just have to be able to state it. Maximum fine: $400.



In 2016, voters passed State Question 780 by 58 percent of the vote. It lowered criminal penalties for simple possession of a longer list of illegal drugs. Maximum penalty: a misdemeanor conviction, no more than a year in jail and a fine of $1,000.


SQ 780 was much more far-reaching (for example, it also lowered penalties for property crimes involving less than $1,000), but my point is this: The clear will of the voters — expressed in strong majorities in two statewide elections — is that people shouldn’t be thrown in prison for small-time drug offenses.
Link
 
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Nov 8, 2007
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Pokey mentioned this earlier (not sure if it was this thread or another) but some people have issues keeping food down from being nauseated by the chemo to the point of not being able to keep down even water. That's the only explanation I've seen as to why smoking it would be needed.
This is a legit concern, IMO. But I've seen actual big pharma products in other countries that are a THC throat spray. It is absorbed exactly the same as smoking would be.

This sounds like an excellent capitalist opportunity for some creative THC engineer.
 
Oct 30, 2007
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Pokey mentioned this earlier (not sure if it was this thread or another) but some people have issues keeping food down from being nauseated by the chemo to the point of not being able to keep down even water. That's the only explanation I've seen as to why smoking it would be needed.
I hadn't thought of that. It makes a lot of sense. Maybe they could allow an exemption through prescription for those going through chemo therapy.
 

kaboy42

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This is a legit concern, IMO. But I've seen actual big pharma products in other countries that are a THC throat spray. It is absorbed exactly the same as smoking would be.

This sounds like an excellent capitalist opportunity for some creative THC engineer.
Already done...

https://herb.co/marijuana/news/weed-inhaler-thc-inhaler-cbd-inhaler/


Sorry, but with the CBD oils and THC inhalers and all the edibles... I'm not seeing ANY reason why medical marijuana needs to be "smokable".
 
Feb 27, 2018
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Tulsa
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Petitions for 796/797 update...

While officials work on enacting State Question 788, activist group Green The Vote says it has received a significant boost in signatures following the Board of Health's approval of controversial emergency rules on Tuesday.

...

Green The Vote provides weekly signature updates on Sundays, but group leader Isaac Caviness of Tulsa said there are roughly 90,000 and 100,000 signatures, respectively, for SQ 796 and 797. Each needs about 124,000 validated signatures to be approved for placement on a ballot because, unlike SQ 788, they seek to amend the constitution.
Link

Also, Green the Vote just filed a lawsuit over the emergency rules after SQ 788 passed:

Group leader Isaac Caviness told the Tulsa World on Friday morning that the lawsuit has been filed in Oklahoma County District Court. The Board of Health on Tuesday, in last-minute amendments to emergency draft rules, voted 5-4 to approve a ban on the sale of smokable medical marijuana products and require a pharmacist to be on-site at dispensaries.
Link
 
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steross

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Big government strikes again.
Worse than just big government.

The general counsel instructed the board that passing this rule will cause lawsuits to be filed. The board also acknowledged that they know they are going against the will of the voters who passed the question. They did it anyway. In other words, they are wasting taxpayer money fighting a likely losing battle against their own legal advice. This is a dereliction of proper executive duty. If this lawsuit is lost they should be personally sued by the state for the costs of their decision to the already strapped taxpayers of this state.
 
Feb 27, 2018
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A colleague created a Q&A on how the new rules will impact medical marijuana patients. Link here. Excerpt...

How do I get a prescription for medical marijuana?

Marijuana is listed as a Schedule I controlled substance in federal law, so it cannot be prescribed or dispensed by a pharmacy. Patients may consult their doctor, who must be an MD or DO, for a medical marijuana treatment recommendation. Physicians planning to recommend medical marijuana would be required to file a specific form with the state Health Department. In Oklahoma, physicians would be permitted to use their medical judgment when evaluating each patient’s ailments because the law lists no qualifying conditions for marijuana treatment. If the physician signs a statement that the patient could see symptom relief through marijuana treatment, the patient can apply for a state medical marijuana license good for up to two years.

When will medical marijuana be available to me?

With a new lawsuit seeking an injunction to block restrictive emergency rules in the implementation of the state’s medical marijuana program, long delays could be likely. Licensed patients will likely not be able to buy any medical marijuana products until November at the earliest. No mature plants are authorized in the possession of either a commercial establishment licensee or patient license holder until 60 days after Aug. 27, 2018. Once mature plants are harvested, curing, testing and processing would take weeks.
Bruce Plante also did some SQ788-themed cartoons lately. Here's this weekend's, and here'sthe latest cartoon caption contest from today.

From our editorial this weekend...

Tucked in the 75-page medical marijuana emergency rules approved by the state health board and Gov. Mary Fallin last week is a provision requiring women have a pregnancy test before receiving a license.



On its surface, that makes sense. Any good doctor does a thorough exam before outlining a treatment plan, especially if prescribing medication.



But, this rule represents more than that.





It’s treating medical marijuana more stringently than other forms of therapy to frustrate the mandate of a popular vote, and that should be beyond the authority of any unelected regulatory board.
Link

Also, here's an update on the recreation marijuana petition...

Activist group Green The Vote said Sunday that it has received more than 104,000 signatures to get a constitutional question about recreational marijuana on November’s ballot, which means the group needs about 20,000 more.

The number of signatures in support of State Question 797 rose by more than 20,000 in the last week, according to the group’s Facebook page, where the numbers are announced each Sunday.

On July 8, the group had received about 81,000 signatures.

The spike in support came after the Oklahoma State Department of Health voted to ban smokable medical marijuana last week. Medical marijuana supporters filed two lawsuits Friday challenging the restrictions.
Link

EDIT: Monday afternoon update...

Oklahoma Attorney General Mike Hunter announced Monday that his office will provide advice to the Oklahoma Department of Health regarding legal challenges to controversial emergency rules for State Question 788 after receiving a request for assistance from the interim commissioner.


Hunter, in a press release, said Interim Commissioner Tom Bates asked the Attorney General's Office "how best to proceed with the defense of this action."



The move comes three days after the filing of lawsuits in Cleveland and Oklahoma counties over the health department and state Board of Health's handling of implementation of SQ 788 during a board meeting on Tuesday.
Link
 
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Feb 27, 2018
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Bruce Plante's latest cartoon is here.

Also, if you've missed any news since June's primary election, you can find past articles and more information at tulsaworld.com/marijuana.

Update:




Article link here.

One more update...

The Rogers County district attorney has recused his office from evaluating whether a report filed by a medical marijuana advocate against the Rogers County sheriff would lead to charges.

Claremore Deputy Police Chief Steve Cox said Tuesday that the department received the report from Charles “Chip” Paul, co-founder and chairman of Oklahomans for Health, July 6. It was sent to Rogers County District Attorney Matt Ballard's office July 9.
And one more after that...

Update: Julie Ezell has been charged with two felonies and one misdemeanor. She is accused of emailing threats to herself regarding the medical marijuana rules and then making false reports of the threats. Oklahoma County District Attorney David Prater confirmed the charges Tuesday with the Tulsa World.

This story will be updated. Check tulsaworld.com for more.


Link
 
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Feb 27, 2018
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Read the threatening emails investigators allege health department attorney sent to herself over marijuana rules

Excerpts:

1. July 8, 2:16 a.m.


Subject: "marijuana laws"



Email: States "we" could show up in force to stop it if the government they they could take rights away and erase the laws. "We will stop YOU and you're greed. Any way it takes to end your evil and protect what is ours. We will watch you."
2. July 8, 3:50 p.m.



Email: "... We will expose your corruption and evil. We would hate to hurt a pretty lady. You will hear us. We are just beginning."
 

StillwaterTownie

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Binman4OSU

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I think the main issue of smoke able vs Edibles MJ surrounds the THC content limits set on the different delivery formats by the proposed rules. They would have different levels of effectiveness in one smoke session vs having to eat multiple edibles to obtain level of effectiveness for pain control.

IIRC the thc limit on edibles was 10-13% where it could be up to 20-25% in smoke able

+ not all peoples diets (especially those on highly controlled diets due to cancer) have a format of edibles available they could use, just as some could not smoke it due to certain medical conditions.
 
Feb 27, 2018
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Another update from today...





Update: Article link here. Excerpt:

Oklahoma Attorney General Mike Hunter on Wednesday announced that he has advised the state Board of Health to have a special meeting so it can amend the controversial emergency rules it passed July 10 regulating the state's medical marijuana industry.


Most notable among Hunter's recommendations is his advice indicating the board does not have authority to modify State Question 788 to include a ban on sales of any forms of medical marijuana products, including smokable, vapable and edible forms. The health board, in a 5-4 vote, approved a last-minute amendment to its proposed rules that banned smokable medical marijuana product sales, which drew bipartisan outrage.
Another Wednesday update:



And the updated article...

The president of the state Board of Health announced Wednesday afternoon that the group will call a special meeting "as soon as possible" to consider changes Attorney General Mike Hunter recommended the same day regarding controversial emergency rules the board passed regulating the state's medical marijuana industry.


Board president Tim Starkey, who also oversees the Great Salt Plains Health Center, said he appreciated Hunter's "quick review" of legal matters related to the adoption of regulations for State Question 788.



Interim Health Commissioner Tom Bates, who answers to the Board of Health until it transitions to an advisory capacity in January, requested Hunter's assistance Monday with how to respond to litigation filed Friday over the emergency rules.
Link
 
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Feb 27, 2018
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Read the emergency rules Oklahoma's attorney general says exceed the health board's authority

Excerpt:

• Restricting the sale of smokable marijuana


"Because the ordinary and usual meaning of the term 'marijuana' and the phrases 'consume marijuana' and 'use marijuana' encompasses smoking as well as consuming edible forms of marijuana, such consumption is legal and the Board does not have the authority to, by its own initiative, prohibit it."



• Requiring licensed pharmacists as dispensary managers



"The board has not been given ... authority to impose additional requirements on licensees. ... Moreover, the emergency rule's impact statement failed to include a statement of whether mandating on-site pharmacists 'may have an adverse economic effect on small business' ... or a 'determination of whether there are less costly or nonregulatory methods or less intrusive methods for achieving the purposes of the proposed rule."
 

RPG

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https://kfor.com/2018/07/19/enid-le...nance-regarding-marijuana-drug-paraphernalia/

Enid leaders change city ordinance regarding marijuana, drug paraphernalia

On Tuesday, the Enid City commission approved changes to the city’s municipal code regarding possession of marijuana and drug paraphernalia.

The approved ordinance mirrors the language of the state question, meaning the fine for marijuana possession without a medical license has been dropped to $400 or less.

It also repeals the drug paraphernalia offense.