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 - - 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
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)
TYPES OF LICENSES
- Patient license
- Temporary license
- Caregiver license
- Dispensary license
- Commercial grower license
- Processing license
- Transportation license
- Special Research License
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
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
Understanding the Number of Licenses
- Oklahoma currently has 1 dispensary license for every 69
patient licenses
- 2 growers for every 1 dispensary
TEMPORARY LICENSE
Available for people from out-of-state who have a valid license in their home state Cost: $100 Duration: 30 days
CAREGIVER LICENSE
Available for caregivers of homebound patients
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
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
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”
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
EMPLOYMENT PROBLEMS
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
SQ 788: EMPLOYERS MAY TAKE ACTION AGAINST A LICENSE HOLDER WHO:
Uses or possesses marijuana while at work, or during the hours of employment
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
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
TAXATION
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
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.
WHAT’S NEXT?
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
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).
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