Proposed Rules Show How Oklahoma Might Regulate Medical Marijuana If Voters Approve State Question

Pregnant women, people on probation and those recently convicted of a felony would be barred from obtaining a medical marijuana license if voters on Tuesday approve State Question 788, under proposed rules under consideration at the Oklahoma State Department of Health.

Five working groups, comprised of state department of health officials, helped write the 63 pages of proposed rules, which StateImpact obtained through a request under Oklahoma’s Open Records Act. Law enforcement agencies are also working with the health department to make sure such rules address their public safety concerns. 


The rules are subject to change, but a draft dated June 19 stipulates that only doctors of medicine or osteopathic medicine, whose Oklahoma medical license is in ‘good standing’ can recommend patients for a medical marijuana license. Doctors who recommend medical marijuana could not hold a ‘commercial interest’ in any entity that grows, processes or dispenses medical marijuana.

The doctor and patient must have a ‘bona-fide’ physician-patient relationship, under the proposed rules, and have conducted a physical exam, including discussing the risks of marijuana consumption. Physicians must also make a diagnosis that medical marijuana would help alleviate a patient’s symptoms, though no qualifying conditions are specified. The patient then has 30 days to file an application and fee with the state health department for a two-year license.

Gov. Mary Fallin this week said she’d convene a special legislative session so lawmakers could write new regulations in the event Oklahomans approve SQ 788, which polls suggest a majority of voters support.

An estimated budget sent to the Legislature by the health department suggests enacting the new regulations could cost the state about $3.6 to $3.8 million during the first year. A special 7 percent sales tax on medical marijuana, as well as all of the licensing fees, would

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