Cannabis

happening now

SAFE Banking Act excluded from the NDAA

The House and Senate have decided to exclude the SAFE Banking Act from the NDAA. The SAFE Banking Act would have allowed cannabis businesses access to the federal banking system. Find out more about this act here.

HISTORY of Cannabis Policy Change

Want to know more about how our current cannabis laws evolved? Click the drop-down arrow.

20th century

August 2, 1937

The United States Congress approves of the Marijuana Tax Act. The act levies a tax on any person who grows, imports, sells, gives away or otherwise profits from cannabis. The fee structure shuts down the legal cannabis trade. Medicinal marijuana, reportedly being used for over 5,000 years, is no longer recognized as a medication for U.S. citizens.

October 27, 1970

The Controlled Substances Act of 1970 repeals the Marijuana Tax Act and categorizes marijuana as a Schedule I drug, making it illegal to own, buy or sell the drug in the U.S.

21st century

May 30, 2014

The Rohrabacher-Farr Amendment is passed by Congress, which bars the Department of Justice from using federal funds to prosecute cannabis infractions if the actions are permitted under state law.

April 11, 2016

Oklahomans for Health files a petition for State Question 788 with the Oklahoma Secretary of State that, if approved, will allow Oklahomans to vote on legalizing medical marijuana.

January 4, 2018

Governor Fallin files a proclamation that enters SQ788 onto the primary election ballot, set for June 26, 2018.

April 3, 2018

A group called "Green the Vote" files two petitions with the Oklahoma Secretary of State; State Question 796 and 797. SQ796 would, if approved and voted in by Oklahomans, amend the Oklahoma Constitution to categorize marijuana as an herbal drug, which would allow people with a medical need to more easily access it. It would also provide more legal protections to those legally using marijuana for medical reasons.

SQ797 also calls for a constitutional amendment, this one to legalize recreational marijuana — the growth, sale and use of marijuana for any reason other than health — for people over 21 years of age. Other restrictions on marijuana usage would still apply, such as the law against driving while high. The amount a person could possess for recreational use would still remain low.

June 26, 2018

SQ788 is approved. The measure passed with 56.86 percent approval. It received 507,582 votes for and 385,176 votes against.

July 10, 2018

The State Health Board passes regulations for medical marijuana. The rules require a pharmacist be present at dispensaries and a ban on smokable marijuana, among other restrictions.

July 11, 2018

Gov. Fallin signs her approval of the State Health Board’s regulations.

July 13, 2018

Allegations of new regulations overstepping legal boundaries results in two lawsuits filed: one against the state of Oklahoma, Gov. Fallin, the Oklahoma Department of Health and five individual members of the Oklahoma Department of Health. The second is filed against the Oklahoma State Department of Health.

July 18, 2018

Attorney General Mike Hunter sends a letter to the OSDH commissioner stating that the Board of Health has overstepped its authority on its medical marijuana regulations.

August 1, 2018

The State Health Board passes new regulations for marijuana, which Gov. Fallin signs. Changes include no longer requiring a pharmacist be present at dispensaries, removing the stipulation that patients take a pregnancy test before getting their medical marijuana license, removing the ban on smokable marijuana and lowering the minimum age of dispensary workers from 21 to 18.

August 24, 2018

The Oklahoma Medical Marijuana Authority releases applications for medical marijuana licenses. They are, at this time, only accepting online applications.

May 7, 2019

SB 162 removed the requirement for physicians issuing recommendations to patients for medical marijuana to be board certified. OMMA has 14 business days to review and provide a response on patient and caregiver applications. This change aligns with language in the "Unity Bill" also called, HB 2612.

May 9, 2019

Section 3 of SB 882 authorizes businesses to destroy root balls, stems, fan leaves, and seeds through open burning, incineration, burying, mulching, composting or any other technique approved by the Department of Environmental Quality. SB 882 also provides that medical marijuana waste shall not be subject to the provisions of the Uniform Controlled and Dangerous Substances Act.

Legislative Changes Effective After August 29, 2019

Authorized PhysiciansHB 2613 amends the Unity Bill to authorize physicians licensed by and in good standing with the Board of Podiatric Medical Examiners to recommend medical marijuana.

60 Day LicenseHB 2601 creates a new short-term, 60-day medical marijuana patient license for Oklahoma patients whose physician recommendation is only valid for 60 days.

Sharing Of InformationSB 1030 requires OMMA to share information displayed on medical marijuana licenses with the Oklahoma Law Enforcement Telecommunications System. OMMA is currently evaluating implementation timelines for this data infrastructure.

Reduced Fee For VeteransHB 2612 sets a reduced application fee of $20.00 for 100% disabled veterans.

Application ProcessingHB 2601 and HB 2612 extend the timeline for review of business applications to 90 business days.

Renewal Applications – The online renewal system will be available starting August 29. Licenses will remain valid and active while the renewal is being processed, even if the renewal processing time goes beyond the expiration date of the license.

Residency RequirementsThe Unity Bill changes Oklahoma residency to mean (1) Oklahoma residency for 2 years preceding date of application; or (2) 5 years of continuous Oklahoma residency during the 25 years preceding date of application. Pursuant to HB 2601, commercial licensees who were issued a license prior to enactment of the Oklahoma Medical Marijuana and Patient Protection Act (HB 2612) are exempt from the new 2-year or 5-year residency requirements. All other business applicants will be subject to the new residency requirements set forth in the Unity Bill

Certificate of Compliance SB 1030 requires all business applicants to provide a certificate of compliance from relevant local government(s) that certifies the applicant is compliant with zoning classifications, municipal ordinances, and all applicable safety, electrical, fire, plumbing, waste, construction, and building specification codes.

SchoolsHB 2612 defines “school” to include preschools for the purposes of the 1,000 feet requirement for dispensaries. “School” does not include a homeschool, daycare, or childcare facility.

SalesHB 2612 authorizes licensed growers to sell seeds, flowers, or clones to other licensed growers. It also authorizes licensed dispensaries to sell to other licensed dispensaries.

Seed-to-SaleThe Unity Bill further requires the implementation of an electronic seed-to-sale inventory tracking system that will track the entire life-cycle of medical marijuana and requires business licensees to integrate their seed-to-sale tracking system with the seed-to-sale tracking system established by OMMA. Procurement of this system is following state agency procurement requirements prescribed by law, with an anticipated award in early 2020.

Testing HB 2612 and SB 162 require growers and processors to utilize licensed laboratories to test harvest and product batches that are no greater than 10 pounds before any sale, transfer, or processing of medical marijuana. Owners of laboratories cannot have a direct or indirect beneficial ownership interest in any licensed dispensary, grower, or processor. Testing requirements are expanded to encompass all medical marijuana.

Packaging/labelingHB 2612 and HB 2601 add packaging and labeling requirements.

Compliance The Unity Bill further broadens OMMA inspection authority to include all commercial license types and authorizes inspections twice a year with prior notice and additional inspections when necessary due to violations.

HB 2612 and SB 162 add five new license categories:

  • Transporter ($2,500)—In addition to the license granted to growers, processors, and dispensaries upon issuance of license, standalone transportation licenses will be made available for the distribution and storage of medical marijuana.

  • Transporter Agent ($100)—Required for any agents, employees, officers, or owners of a transporter license holder in order to transport medical marijuana.

  • Testing Laboratory ($2,500)—Licenses a laboratory to perform testing on medical marijuana. This license is anticipated to be available by early 2020.

  • Education Facility ($500)—Licenses a nonprofit entity to provide training and education to individuals involved in the growing, processing, packaging, and testing of medical marijuana. This license is anticipated to be available by early 2020.

  • Short-Term Patient — A sixty (60) day license to be issued to any patient applicant who meets the requirements for a two (2) year license but whose physician recommendation is only valid for sixty (60) days. Fee will be set by the Department during the rules promulgation process.


The following are highlights from the Spring 2021 Legislative Session:

HB 2674, OMMA to be placed under ABLE Commission

Authored by Rep. Echols; Sen. Taylor

Transferring the Oklahoma Medical Marijuana Authority to the Alcoholic Beverage Laws Enforcement Commission (ABLE).

  • Measure passed: Ayes: 42 Nays: 1 4/21/21

  • Senate Amendments received 4/22/21. SA's rejected and Conference requested on 4/29/21. Conference granted 5/4/21/

  • Conference granted on 5/4/21, Unable to reach agreement, received additional co authors, further conference requested, removed principal House and Senate authors and substituted with Rep Marti and Sen. Howard. Further conference granted with same conferees. Special Conference Committee named. All events on 5/24/21

Click here to get the latest on this bill from OKLegislature.gov

SB 862, Medical Marijuana. Designating certain buildings as "Smoke-free"

Authored by Sen. Paxton

  • Third Reading in House, Measure passed: Ayes: 88 Nays: 0 4/21/21

  • Measure Passed Senate: Ayes: 45 Nays: 2 5/4/21

  • Sent to Governor 5/5/21

  • Approved by the Governor on 5/10/21

Click Here to get the latest on this bill from OKLegislature.gov


Public Health Impacts

How have these policy changes impacted Oklahoma? Click the drop-down arrow to see some social, legal, and health consequences to individuals, communities, and our state.

The Facts

Start Here for a comprehensive look at the effects and risks to consumers.

Research shows that people who use marijuana are more likely to have relationship problems, worse educational outcomes, lower career achievement, and reduced life satisfaction. Know the Risks of Marijuana | SAMHSA

Cannabinoid hyperemesis syndrome (CHS) is a condition that leads to repeated and severe bouts of vomiting. It is rare and only occurs in daily long-term users of marijuana.

Very severe, prolonged vomiting may lead to dehydration. It may also lead to electrolyte problems in your blood. If untreated, these can cause rare complications such as:

  • Muscle spasms or weakness

  • Seizures

  • Kidney failure

  • Heart rhythm abnormalities

  • Shock

  • In very rare cases, brain swelling (cerebral edema)

Symptoms almost always come back if you use marijuana again. Cannabinoid Hyperemesis Syndrome | Cedars-Sinai

Cannabis Use and Youth

People who begin using marijuana before age 18 are four to seven times more likely than adults to develop a marijuana use disorder. Marijuana DrugFacts | National Institute on Drug Abuse (NIDA)

The amount of THC in marijuana has increased over the past few decades. In the early 1990s, the average THC content in marijuana was less than 4 percent. It is now about 15 percent and much higher in some products such as oils and other extracts.

Yes, marijuana can be addictive---meaning they continue to use it despite negative consequences and experience symptoms of withdrawal once use is stopped.

Approximately 10 percent of people who use marijuana may develop what is called a marijuana use disorder—problems with their health, school, friendships, family, or other conflicts in their life. Marijuana (Weed, Cannabis) Drug Facts, Effects | NIDA for Teens (drugabuse.gov)

Additionally, cannabis has been shown to impact school performance. Students who did NOT use marijuana were 5.4% more likely to pass a class. In classes requiring mathematics, this impact was 3.5 times larger. "High Achievers" Study

A 2019 review of 11 studies and 23,317 individuals found that adolescent cannabis users had a higher risk of depression and suicidal ideation, compared to non-users. JAMA Psychiatry

A 2020 study of 1087 adolescents found that those who used high THC potency cannabis: used cannabis more frequently, had more problems associated with their cannabis use, and had higher rates of generalized anxiety disorder, compared to those who used lower THC potency cannabis. JAMA Psychiatry

In the following three studies, MRIs were used to look at changes in the brain associated with cannabis use:

In one study, just one or two instances of cannabis use resulted in anatomical disruptions in brain cortical subareas and a decrease in perceptual reasoning. Journal of Neuroscience

Another study found that heavy cannabis use in adolescence disrupts brain anatomy and connectivity in the brain cortex, nucleus accumbens (a brain area involved in motivated behavior), and the amygdala (a brain area involved in emotional behavior). Journal of Neuroscience

A third study found evidence that lifetime cannabis use resulted in detrimental effects on brain resting functional connectivity, intelligence, and cognitive function. Cerebral Cortex

Cannabis Use and Pregnancy

Cannabis use during pregnancy may cause fetal growth restriction, premature birth, stillbirth, and problems with brain development, resulting in hyperactivity and poor cognitive function.

1-in-10 adults who use the drug can become addicted. Cannabis contains nearly 500 chemicals, including the mind-altering compound tetrahydrocannabinol (THC). These chemicals can pass through a woman’s placenta to her baby during pregnancy. Marijuana and Pregnancy | SAMHSA

Marijuana – Is it safe during pregnancy or breastfeeding? - YouTube

Cannabis Use among Athletes

Overall, approximately 1 in 4 athletes report using cannabis within the past year. Based on the available evidence, cannabis does not appear to positively affect performance, but the literature surrounding this is generally poor. From Cannabis Use and Sport: A Systematic Review.

Cannabis and Road Safety

Some 44 percent of drivers killed in crashes in 2016 across the US who were tested afterward had drugs in their system, according to a recent Governors Highway Safety Association study.

+ 2-5 Hours — How long a driver is impaired after taking marijuana.** Marijuana - Impaired Driving | Oklahoma Highway Safety Office

According to NHTSA, drug use among fatally injured drivers who were tested for drugs rose from 25% in 2007 to 42% in 2016, and marijuana presence doubled in this time frame.

In Colorado, where recreational marijuana was also legalized in 2012, the number of fatalities in crashes in which drivers tested positive for THC rose from 18 in 2013 to 77 in 2016. Drugged Driving | Marijuana-Impaired Driving (ncsl.org)

The American Automobile Association (AAA) found that 18% of drivers in Washington state tested positive for THC after a fatal crash between 2013 and 2017, compared to just 8.8% from 2008 to 2012. Additionally, 14.8 million drivers report driving within 1 hour after using marijuana in the last 30 days. (aaafoundation.org)

cannabis use with high thc potency

Recent studies from 2015 to 2020 show that high THC potency cannabis use and frequent cannabis use increases the chances of developing a Cannabis Use Disorder¹ ² ³, especially in young people. Psychological Medicine

A 2019 U.S. Research study found that: As THC potency increased, the risk of developing a Cannabis Use Disorder also increased. Drug and Alcohol Dependence

A 2020 review of 56 high-quality studies found that frequent cannabis use and high THC potency cannabis use increases the risk of developing psychosis. It also found that high THC potency cannabis can exacerbate pre-existing psychotic symptoms. Brain Science

A 2019 study of over 900 people found that daily cannabis users had a three-fold increased risk of having a psychotic disorder compared with never users. Those who used high potency cannabis daily were about five times more likely to have a psychotic disorder than never users. The Lancet Psychiatry

Use of high potency THC greater than 15% resulted in three times increased risk of psychosis, and if the use was daily there were five times increased risk. Those using THC less than 5% did not exhibit psychotic symptoms. Data from a UK study of 780 adults ages 18-65 (410 with their first psychotic episode compared to 370 matched healthy controls) by The Lancet Psychiatry.

Cannabis Use Testimonials

https://easyread.drugabuse.gov/content/quitting-marijuana-i-need-different-people-around-me

For policymakers and prescribers

Are you a policymaker or prescriber looking for guidance? Click the drop-down arrow.

Powerpoint on Patient Safety when recommending cannabis

From the Oklahoma Medical Marijuana Coalition

https://www.okmed.org/web/images/online/newsnow/legislation/Keep_Med_in_MJ_Presentation.pdf

OMMA Rules and Regulations - Recent changes

  • A patient license is null and void if the prescriber/physician terminates their recommendation. No appeals or proceedings can be requested by the patient.

  • Oklahoma Voter IDs no longer count as proof of residency

  • Physicians must be in "good standing" with their state licensing board

  • $500 fee will be charged for material changes to licenses (including names, location, and ownership changes)

  • Dispensaries must be a minimum of 1,000 feet from any school property line

For a full list of passed rules by OMMA and summaries of rule changes click here.

High-THc potency report

Click the link below for a professional report about the public health impacts of high-THC cannabis.

High-THC Potency Cannabis Report

how Oklahoma measures up

Coming soon!



Prevention Tools and Resources

Want to do something about these consequences? Click the drop-down arrow to view some resources you can use in your home and your community to do your part in making Oklahoma a safer, healthier place to live.

https://drugfree.org/wp-content/uploads/2017/02/Marijuana_Talk_Kit.pdf

https://www.dea.gov/sites/default/files/2018-07/DEA-Marijuana-Prevention-2017-ONLINE.PDF

PTTC Microlearning Online Toolkit: Cannabis Prevention 101

PTTC Resources for Preventing Youth Cannabis Use

PTTC Marijuana Prevention and Education Toolkit

Want more information about how cannabis impacts the brain? Do you need resources for social media, information campaigns, and educational outreach about cannabis and the brain? Click here.

Are you looking for suggestions about policies and ordinances to help prevent underage cannabis use and Cannabis Use Disorders in your schools, cities, municipalities, and communities? Click here for our suggestions.

Cannabis GlossaryFINAL.pdf





Check out the Cannabis Glossary to the left for more information about industry terms, types of cannabis, and other topics.


Looking for more information about the effects of cannabis, myths vs. facts, and other topics? Click here to visit our media resources page.