OKLAHOMA CITY – After Oklahoma voters approved a state question to legalize medical marijuana, the Oklahoma State Department of Health has released its proposed rules for regulating the use of medical marijuana.
On Sunday, the Oklahoma State Department of Health released an updated version of emergency rules for the Oklahoma Medical Marijuana Authority program. The 76-page document comes nearly two weeks after voters approved State Question 788, legalizing the use of medical marijuana.
A previous version of the draft rules was posted for public review and comment in late June.
The proposed rules are as follows:
All recommendations for a patient to receive a medical marijuana license must be made by an Oklahoma Board Certified physician. Only physicians who are licensed by either the Oklahoma Board of Medical Licensure and Supervision, or the Oklahoma Board of Osteopathic Examiners and meet the requirements of the Oklahoma Board of Medical Licensure and Supervision or the Oklahoma Board of Osteopathic Examiners to hold themselves out as “Board Certified” are eligible to make a recommendation for medical marijuana.
All physicians who plan to make recommendations for medical marijuana must register with the Department prior to making medical marijuana recommendations.
All patients receiving a recommendation from their physician for medical marijuana must have that recommendation reviewed by their physician at least annually.Additionally, physicians must screen for substance abuse, mental health issues, and whether the patients presents a risk for the diversion of marijuana prior to making a recommendation for medical marijuana.
Pregnancy tests are required before a physician makes recommendation for medical marijuana to female of childbearing years. The rules require the physician to consider a woman’s pregnancy status and the potential risk to an unborn child when recommending medical marijuana to a pregnant woman.
Recommendations for medical marijuana for minor patients must be made by either a pediatrician or one a physician with a board certification in a pediatric specialty.
Patient license holders can appoint a caregiver if they are unable to ambulate or meet other criteria. The caregiver will receive a license from the Department and may obtain medical marijuana from the dispensary on behalf of the patient. All patient and caregiver licenses are valid for two years, subject to restrictions.
All patient license holders are eligible to home grow their own marijuana subject to the limitations on amounts imposed by the state question. All home grown medical marijuana must be behind a fence under lock and key and not visible from any street.
Medical marijuana may be sold in smokable form, but the same restrictions on public consumption of tobacco will be applied to marijuana.
All transporters of medical marijuana must have a transport license.
Per state statutory requirements, all growers, processors and dispensaries must register with the Oklahoma Bureau of Narcotics and Dangerous Drugs as due to the fact that marijuana is a ‘controlled dangerous substance’ under the law.
All dispensaries will be required to have a Dispensary Manager who will dispense medical marijuana, advise patients, track inventory, and ensure the dispensing of medical marijuana complies with the applicable rules.
Individuals/entities may own/operate a dispensary, processor, and growing operation. They are not restricted to one establishment.
Listed requirements for dispensers, processors, and growers when advertising medical marijuana.
Listed requirements for Inventory control/tracking of medical marijuana for all dispensaries, processors, and growers.
Listed requirements and guidelines for the processing of medical marijuana both by the licensed processor, as well as the patient who chooses to process their own marijuana.
Medical marijuana grown by a commercial grower can only be grown indoors.
Stringent testing requirements for all processed marijuana and medical marijuana products.
Stringent labeling requirements for all medical marijuana products sold at a dispensary.
A single serving of a medical marijuana product processed or dispensed shall not exceed ten (10) milligrams active tetrahydrocannabinol (THC) Medical marijuana products and Medical Marijuana Concentrate processed or dispensed shall have a THC content of not more than twelve percent (12%). Mature marijuana plants shall have a THC content of not more than twenty percent (20%).
Standards for the disposal of unused medical marijuana and medical marijuana waste.
The Oklahoma State Board of Health will review the rules on Tuesday and decide whether or not to adopt them.