HOW DID WE GET HERE? Initiative petition backed by a volunteer - - PowerPoint PPT Presentation

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HOW DID WE GET HERE? Initiative petition backed by a volunteer - - PowerPoint PPT Presentation

HOW DID WE GET HERE? Initiative petition backed by a volunteer group called Oklahomans for Health Gathered enough signatures (around 67k) to have their volunteer-written state question put on the ballot June 26, 2018: Roughly 57% of


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HOW DID WE GET HERE?

  • Initiative petition backed by a

volunteer group called Oklahomans for Health

  • Gathered enough signatures

(around 67k) to have their volunteer-written state question put on the ballot

  • June 26, 2018: Roughly 57% of

Oklahomans who voted, voted Yes

  • n SQ788 (approx. 507k)
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TYPES OF LICENSES

  • Patient license
  • Temporary license
  • Caregiver license
  • Dispensary license
  • Commercial grower license
  • Processing license
  • Transportation license
  • Special Research License
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PATIENT LICENSE

Allows a patient to possess:

  • 3 ounces of marijuana on their

person

  • 6 mature marijuana plants
  • 6 seedling plants
  • 1 ounce of concentrated

marijuana

  • 72 ounces of edible marijuana
  • 8 ounces of marijuana at home
  • Counties and cities may enact

medical marijuana guidelines allowing patients access to MORE marijuana

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PATIENT LICENSE

  • The Dept. of Health regulates licenses

through the Oklahoma Medical Marijuana Authority (OMMA)

  • Cost: $100 (or $20 for individuals on

Medicaid)

  • The OMMA began accepting applications on

August 25, 2018 and is given 14 days to approve or reject each application

  • As of April 8th, the number of licenses

approved:

  • 94,381 patient
  • 1,048 caregiver
  • 1,370 dispensary
  • 2,658 grower
  • 727 processor
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Understanding the Number of Licenses

  • Oklahoma currently has 1 dispensary license for every 69

patient licenses

  • 2 growers for every 1 dispensary
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TEMPORARY LICENSE

Available for people from out-of-state who have a valid license in their home state Cost: $100 Duration: 30 days

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CAREGIVER LICENSE

Available for caregivers of homebound patients

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DISPENSARY LICENSE

$5,000 fine or license revocation for selling to people who do not have a patient or caregiver license Non-Oklahoma residents may have up to a 25%

  • wnership interest

Cost: $2,500

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PROCESSING LICENSE

Cost: $2,500 Distills or processes plants into concentrates, edibles, and other forms for consumption Sells to retailers or

  • ther processors

Wholesale, not taxed May process marijuana into concentrated form for patients directly Food Safety Standards Board created to set standards for processors

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TRANSPORTER LISENCE (changed by HB2612)

Allows transporter agents to contract with & store MMJ products in warehouses; agents pay a $100 annual license fee Transported in a locked container and clearly labeled as “Medical Marijuana or Derivative”

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COMMERCIAL GROWER LICENSE

Cost: $2,500 Compare to Arkansas: $100,000 license fee + $500,000 performance bond Growers sell marijuana to retailers & processors Wholesale, not taxed No limit on how much marijuana can be grown

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EMPLOYMENT PROBLEMS

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NEW PROTECTED CLASS OF WORKERS

Per Section 6(B) of SQ788:

  • Patients with a medical marijuana

license, even those who work in safety sensitive positions, could avoid consequences of drug testing for marijuana products

  • Compared to patients who take

prescription painkillers – medical marijuana patients were put on an elevated playing field

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SQ 788: EMPLOYERS MAY TAKE ACTION AGAINST A LICENSE HOLDER WHO:

Uses or possesses marijuana while at work, or during the hours of employment

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LEGISLATIVE ACTION TAKEN IN HB 2612:

▪ Addresses drug testing for pre-employment & safety- sensitive positions (see FAQ handout) ▪ Clearly states that federal contractors are exempt from the state medical marijuana law ▪ Addresses loopholes that are leaving employers vulnerable to lawsuits ▪ Clarifies that insurance carriers (Work Comp, Health) aren’t required to cover the cost of marijuana

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Public Health Concerns Addressed in HB2612

The following were addressed statutorily, as well:

  • Laboratory testing
  • Child safety guidelines regarding

labeling, packaging, advertising, etc.

  • Addition of marijuana to Smoking

in Indoor Places and Workplaces Act

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TAXATION

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Sections 7(A) & (B) of SQ788

If proceeds exceed the needed amount to finance the regulatory office, then:

75% goes to the General Revenue Fund for common education, and

25% goes towards drug and alcohol rehab programs

Applied primarily to finance the regulatory office Collected at the point of sale Retail tax is 7% of the gross amount received by the seller

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Bills filed this legislative session

  • Taxation of Medical Marijuana
  • SB1030 by Sen. Paxton – lowers 7% excise tax to 6% and state sales tax to 1% giving

local governments room to add their own taxes

  • Smoking in Public Places and Indoor Workplace Act to include marijuana smoke:
  • HB 1389 by Rep. Townley (failed deadline)
  • Misdemeanor for possessing counterfeit license or using another person’s

license

  • SB 612 by Sen. McCortney and Rep. Echols (failed deadline)
  • Employment Protections
  • SB 305 by Sen. Daniels (failed deadline)

There are dozens more out there; this will be something that the legislature will address for the next decade at least.

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WHAT’S NEXT?

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Well, there’s a lawsuit…

  • On March 19, 2019 Callum v. Bates was filed by Attorney Julie Ezell

asking for:

  • A Declaratory Judgement that HB 2612 is unconstitutional, vague, and void
  • A Temporary Injunction and Temporary Restraining Order instructing the

OSDH and State of Oklahoma to temporarily delay the enforcement of the Unity Bill

  • A Permanent Injunction asking that the bill is delayed permanently and

therefore never enforced

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Continuing discussions around:

  • Prohibiting or limiting homegrow
  • Prohibiting or limiting smokable marijuana
  • Requiring qualifying conditions for patient licenses
  • Including physician training requirements
  • Requiring pharmacists or other professionals on site
  • Restricting the amount of THC in products
  • Reducing possession limits (after 788, ours are 6.5 times the felony

limit in Colorado).

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Impact of the new industry on Oklahoma

In 2018, the new industry created:

  • 2,107 jobs and brought in almost $2.2 million in state and local

taxes, Source: Leafly Special Report: Cannabis Jobs Count

As of Feb. 2019:

  • $13.2 million in license application fees from cannabis

businesses & patients Source: OKC Fox 25

March 2019 numbers - $12M in sales, $2M in taxes collected

  • 6th straight month of growth from the industry Source: KRMG
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