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What to know about Oklahoma cannabis legislation changes

What to know about Oklahoma cannabis legislation changes

Oklahoma cannabis legislation passes

The 2022 legislative session has ended in Oklahoma, bringing with it over a dozen new pieces of legislation specifically impacting the medical cannabis industry.

OMMA Executive Director Adria Berry sent an email to cannabis business owners this week with details on the new legislation, while also thanking businesses for their cooperation and transitioning to Metrc. Metrc is a seed to sale track and trace system specifically designed for the cannabis industry.

While chosen to be implemented in September of 2020, it wasn’t until May 26, this year that the state finally forced the transition.

“Through the struggles and bumps in the road, we’ve taken your feedback, questions, comments and complaints directly to Metrc every single time. Some answers are quick and easy, others take days to solve. At the end of the day, I want you to know that we are working on every issue you’ve brought us and will not let problems go unsolved.” said Berry.

In addition to the implementation of Metrc, Oklahoma’s governor also signed thirteen separate cannabis-related bills into law this week. The laws still must go through a rulemaking process in which regulations are formed. The public will be allowed input in this process.

House Bill 2179: Creates a tiered commercial grower fee structure based on size and type of facility — annual fees would range from the current $2,500 to more than $50,000. Under the terms of the bill, processor license fees will be determined by volume and range from $2,500 to $40,000. Dispensaries will pay $2,500 to $10,000, based on annual sales. Testing laboratories will pay a flat $20,000. Effective June 1, 2023.

House Bill 3019: Adjusts packaging standards to allow clear packaging for edibles but requires opaque exit packaging for carrying out of the dispensary. Effective Nov. 1, 2022.

House Bill 3208: Places a moratorium on new business licenses between Aug. 1, 2022, and Aug. 1, 2024. The legislation itself takes effect July 1, 2022. OMMA will incorporate the legislation into new emergency rules that will take effect in July before the moratorium begins Aug. 1, 2022. Current grower, dispensary and processor licenses are not included in the moratorium. OMMA will accept new grower, dispensary and processor applications through 11:59 p.m. Aug. 1, 2022. Read more about HB 3208.

House Bill 3530: Creates a revolving fund to be used by OMMA to establish programs and provide funding to support county sheriff enforcement of medical marijuana laws and regulations. Effective immediately.

House Bill 3929: By Jan. 1, 2024, OMMA must promulgate rules to create a process validation program in which licensees may voluntarily participate. Effective immediately.

House Bill 3971: By Jan. 1, 2024, OMMA must create a “secret shopper” program by rule promulgation to purchase medical marijuana in dispensaries and send samples for testing. Effective January 1, 2024.

House Bill 4056: After receiving recommendations from QA lab and a committee of licensed labs, OMMA must promulgate rules by Jan. 1, 2024, that set out required equipment and standards to be used by all licensed labs. Effective immediately.

Senate Bill 1367: Enhances penalties for the unlawful diversion of medical marijuana products to someone not legally allowed to acquire or consume them. Effective Nov. 1, 2022.

Senate Bill 1511: Prohibits commercial grow operations within 1,000 feet of a school. The legislation makes an exception for established businesses. SB 1511 is already in effect — it was effective immediately when Gov. Kevin Stitt signed it in March.

Senate Bill 1543: Establishes OMMA as an independent state agency separate from the state Department of Health. Effective Nov. 1, 2022. Read more about SB 1543 on our website.

Senate Bill 1704: Requires all employees of medical marijuana businesses to apply for a badge/credential beginning Jan. 1, 2024, and allows OMMA to contract with a third party to provide those services. Effective Nov. 1, 2022.

Senate Bill 1726: Adds technology centers primarily used for classroom instruction to the list of school buildings that dispensaries and grows must be at least 1,000 feet away from. Effective immediately.

Senate Bill 1737: Outdoor growers must register as a sensitive crop, and all commercial growers must post signage at the perimeter of the property with specific information. Effective Nov. 1, 2022.

 
North Carolina Medical Cannabis Bill Passes Senate

North Carolina Medical Cannabis Bill Passes Senate

North Carolina medical cannabis legalization

A North Carolina medical cannabis bill was passed by the state Senate last week following its clearing of a key Senate committee just one day prior. The legislation passed the full chamber with a 35-10 vote.

Sponsor of the bill, Sen. Bill Rabon (R) is hopeful that the bill will help those seeking relief toward the end of their life.

“This bill is going to, in my opinion, help a lot of people at the end of their life at a time that they need some compassion,” Rabon said on the floor ahead of the vote.

Rabon is a cancer survivor himself. He believes that medical cannabis can help people “at a time that what few days, or what little time they have left, should be as comfortable and as easy as they can be.”

“I think it is our duty as lawmakers to pass legislation that helps people who need our help,” Rabon said.

However the medical cannabis bill is not in the clear yet. It still must pass through one final vote on the third reading of the bill. If it passes again it will then move on to the House of Representatives.

The NC Compassionate Care Act in its current state would enact a highly restricted medical cannabis program. Those that qualify for the program must have a condition such as cancer, epilepsy, HIV/AIDS, Parkinson’s, multiple sclerosis and PTSD to be eligible.

Patients would be permitted to possess up to one and half ounces of cannabis, but home growing would not be allowed. Edibles or “cannabis-infused” products would be allowed in various forms, and smoking and vaping would be permitted.

However the consumption method must be prescribed by a doctor for specific delivery and dosages. Patient eligibility would be reconsidered on an annual basis.

The bill would permit just 10 medical cannabis suppliers who would control the cultivation and sale of cannabis. Each operator would be permitted four dispensaries for 40 total across the state.

Under the current revision, a Compassionate Use Advisory Board would be established. This board would have the ability to add more qualifying conditions for the program that could make access easier for more patients in the future.

Additionally a Medical Cannabis Production Commission would be created to ensure that supply does not run out for patients. The Commission would also oversee licensing and generate revenue to regulate the medical cannabis program.

Lastly the bill will provide protections for patients. Employees and agents of the state would be required to treat possession of cannabis for qualified patients the same as any other prescribed controlled substance.

There are still additional amendments under consideration that may impact the third reading of the bill. Over 80% of North Carolina voters support medical cannabis, with 60% supporting full recreational legalization.

OMMA halting cannabis business applications until 2024

OMMA halting cannabis business applications until 2024

oklahoma medical marijuana authority not accepting applications

In an effort to contain the massive medical cannabis marketplace in Oklahoma, the OMMA has said it will stop processing applications for new growers, processors and retailers for up to two years.

HB 3208 includes a moratorium beginning on Aug. 1, 2022 in which OMMA will halt all application considerations. It is set to end on Aug. 1, 2024.

“All of our current grower, dispensary and processor licensees who stay in compliance with our rules should know HB 3208 doesn’t change anything for them – owners of current licenses will still be able to apply for renewal when it’s time,” said OMMA Executive Director Adria Berry. “OMMA stands ready to implement HB 3208 by incorporating it into our rules during the rulemaking process, fulfilling the regulatory duties entrusted in us by Gov. Stitt, the Legislature and every Oklahoman.”

Current growers, processors and retailers will not be impacted by this change, and OMMA will still accept applications until 11:59 PM on Aug. 1. However any operator that allows their license to expire after the moratorium begins will not be able to reapply for a new license.

Oklahoma cannabis legalization may be on November ballot

Oklahoma cannabis legalization may be on November ballot

Oklahoma cannabis legalization petition getting signatures

The Oklahoma Supreme Court has approved plans for Oklahoma cannabis legalization to move forward in the state. The plan’s organizers can now begin collecting signatures.

There are currently two separate proposals for Oklahoma cannabis legalization, and both would need to gather enough signatures to end up on the ballot this November.

The approved plans, State Question 819 and State Question 818, would make an amendment to the state’s Constitution to protect the right of residents age 21 and older to use cannabis.

SQ 818, known as the Oklahoma Medical Marijuana Enforcement and Anti-Corruption Act, would expand the state’s medical cannabis program. It would establish a new state agency known as the Oklahoma State Cannabis Commission (OSCC).

This agency would replace the current Oklahoma Medical Marijuana Authority (OMMA) and oversee the entire cannabis industry including hemp.

This bill replaces the excise tax on medical cannabis with a 7% retail tax. Revenue would be used to support cannabis research, rural impact and urban waste remediation, agriculture development, mental health response programs, substance misuse treatment and more.

SQ 819, otherwise known as the Oklahoma Marijuana Regulation and Right to Use Act, would legalize possession of up to eight ounces of cannabis for anyone over the age of 21.

Adults could purchase cannabis from a retail store, or grow up to 12 plants for personal use. Any home grower is legally allowed to possess however much they harvest from their 12 plants.

Recreational cannabis sales would be taxed at 15%. A number of state initiatives would receive a portion of the tax funds collected from Oklahoma cannabis legalization. These include water-related infrastructure, disability assistance, substance misuse treatment, law enforcement training, cannabis research and more.

Lastly, SQ 819 would open up pathways for resentencing and expungements for those with prior and current cannabis convictions.

If passed, Oklahoma would become the 19th state in the US to legalize cannabis recreationally. In order to make it onto the ballot, supporters are going to need to gather about 178,000 signatures in the next 90 days.

Despite being on of the reddest states in the country, Oklahoma cannabis legalization isn’t a very far fetched idea for the state. In fact, nearly 10% of Oklahoma’s 4 million residents have qualified a medical cannabis card, the highest in the country.

“Whether we’ll get on the November ballot this year remains to be seen,” said Jed Green, a longtime Oklahoma cannabis activist behind the plans. “We’re going to push, push and push to get it done, and hopefully we do, but … we’ll get our signatures.”

A separate adult-use proposal, State Question 820, already has been cleared by the high court and because it would only amend state statute, requires only about 95,000 signatures. Supporters of that plan can begin gathering signatures on May 3.

Virginia recreational cannabis could be going up in smoke

Virginia recreational cannabis could be going up in smoke

Virginia recreational cannabis dispensaries

When Glen Youngkin was elected Governor of Virginia after a heated race in 2021, many cannabis advocates began to question the future of Virginia recreational cannabis. Despite legalizing cannabis for recreational use earlier in the year, the state has yet to get the industry rolling in any real way.

It isn’t uncommon for a state to take more than a year or two to establish their regulatory framework and begin adult-use sales. However in Virginia’s case, cannabis was legalized by a Democrat governor, who was soon replaced by a Republican.

Youngkin holds a different view on cannabis compared to his predecessor, and now those views have begun impacting the future prospects of a recreational cannabis industry in Virginia.

On April 7, 2021, Virginia became the first state in the South to begin the process of legalizing adult-use cannabis. HB2312 (Herring) and SB1406 (Ebbin; Lucas), introduced by Governor Northam and passed by the 2021 General Assembly, lay out a three year process to legalize cannabis and create a regulatory framework for the sale of the product.

However while a recent General Assembly session saw lawmakers increase accessibility for medical cannabis patients, it failed to expedite Virginia recreational cannabis sales, and added new penalties for cannabis possession. So what happened?

The original bill as previously mentioned included a three-year timeline to implement regulations and framework for a recreational cannabis industry. The latest General Assembly session was voting on whether to shorten this timeframe, which would have expedited retail cannabis sales to this September.

However with the latest amendments to the original bills, it is unlikely that a Virginia recreational cannabis industry will be open by the original 2024 deadline.

Lobbyists influenced Virginia legislators into believing that it is safer for several large corporations to produce the products rather than having hundreds of small batch operations, according to Happy Trees co-founder Josiah Ickes. Happy Trees is a garden store supplying cannabis growers in the state.

“We have all these small breweries in Richmond,” Ickes said. “It would be kinda like if we said: ‘Oh, well look at all these small breweries, they need to go away because we don’t know if they’re creating safe beer.’”

Virginians will still be able to possess up to two ounces of cannabis flower for personal use without penalty. For comparison, in Colorado where cannabis has been legal since 2012, consumers are only allowed one ounce in their possession at a time.

Those who aren’t waiting for a legal cannabis industry to open up also have the option to grow their own cannabis. With the current framework and delay of a recreational industry, it is likely that a gift/donation industry will begin to develop in Virginia.

Coincidentally Virginia borders Washington, D.C., where cannabis is also legal but has no established industry. DC now has a thriving gift/donation industry where consumers will donate a certain amount in exchange for a gift (in the form of cannabis), creating a loophole where technically there isn’t a “sale” of cannabis happening.

There have been plenty of efforts to shut down this grey area industry, but efforts thus far have failed. With a successful market right next door, Virginians are likely to replicate these practices so people can still buy and sell their cannabis without technically breaking the law.

One of the positives to come out of the latest General Assembly meeting was regarding medical cannabis patients and their access to the products they need. Governor Youngkin recently signed new legislation which eliminated the requirement to register with the state Board of Pharmacy before being approved to purchase medical cannabis products.

Would be Virginia medical cannabis patients already have to get a referral from a medical provider in order to get access to cannabis. The latest amendment would appear to be simply removing an unnecessary step for patients.

When lawmakers originally approved the sale of low-concentration THC oil for medical patients in 2019, the Board of Pharmacy issued just 1,377 medical cannabis cards. That number grew to 7,135 in 2020, and ballooned to over 33,000 in 2021. The Board has issued over 10,000 cards from January to April 2022 already.

Brandy, a resident of Richmond, VA began smoking cannabis at age 15. Now 37, she grows plants in her home. Citizens can grow up to four plants legally per household.

Brandy has a state-approved prescription for cannabis to treat anxiety and bipolar disorder, but said she prefers growing cannabis as opposed to going to a dispensary, because it’s cheaper. Health insurance does not cover medical cannabis.

“In Virginia, it really sucks,” Brandy said. “You go in and they have the little half gram carts, and it’s $65.”

With a retail market still not established, Brandy said she prefers growing her own supply versus buying illegally from a dealer.

“This way I know exactly what goes in it,” Brandy said. “It’s all organic product, there isn’t chemicals in it.”

Currently there are only four state-licensed medical cannabis companies that can provide cannabis to patients in five health districts across Virginia. There are still several health districts that don’t have a single dispensary, making patients have to travel long distances to get their medicine.

Limited access, expensive pricing and the lack of a legal industry has put Virginia on a path that is leaving many unsure of the future of Virginia recreational cannabis. One can safely assume that there won’t a regulated, adult-use cannabis industry in the state until at least 2024.

However one can also expect to start seeing some semblance of an underground, grey market cannabis industry develop as consumers find ways to sell and purchase recreational cannabis without breaking the specific rules of the law.

Why you should stop calling it “marijuana”

Why you should stop calling it “marijuana”

history of the word marijuana

The majority of Americans now approve of cannabis legalization on the federal level. Yet the majority of the country still refers to the plant by much different name: marijuana.

If you walked up to someone in their mid-forties and asked them their opinion on cannabis, there’s a chance they wouldn’t know what you were talking about. However if you asked them if they supported the legalization of marijuana, there’s a higher likelihood of them supporting it than not.

So where is the confusion?

When we have been referring to cannabis as “marijuana” for nearly a century, it isn’t as easy to telling people that the name has changed. But the reality is that cannabis was always, well, cannabis.

Origins of cannabis

Cannabis has been a known and used plant for medicine and recreation for centuries. With use dating back to 8,000 B.C. in Mesopotamia, those studying medicine throughout the generations have had plenty of time to learn about the origins of the cannabis plant.

Through these studies, this is where the plant’s name originates. Actually, it has several names for the various types of cannabis that can be found across the globe.

Cannabis Ruderalis (northern/central Asia), Cannabis Sativa (Eastern Europe/Central Asia), and Cannabis Indica (China, Korea, Southeast Asia, Himalayas, Middle East) are the most studied and well known biotypes of cannabis. These are the scientific names for the plant. Notice that none of them have the word “marijuana” or anything close to it in their title.

So if cannabis had held that name for centuries of scientific study, what changed?

The answer to this question is why you should stop using the word “marijuana” when talking about cannabis.

Origins of “marijuana”

The origins of the word “marijuana” or “marihuana” are debated among the cannabis community. But one thing is inarguable; the word is racist.

Cannabis,  AKA hemp, was a major cash crop in the United States for decades, with the government even requiring its production by farmers during the Revolutionary War. Now, why cannabis became illegal in the first place is highly debated.

Many argue that cannabis became illegal because major paper manufacturers and big cotton producers partnered together to phase out hemp as a material for paper. However there is very little historical information to back this up. The more recognized and historically traced reason for the criminalization of cannabis goes back to the introduction of Mexican immigrants to the United States.

Prior to their arrival, recreational use of cannabis was not widely accepted. The plant’s main uses were medicinal and manufacturing. Hash and concentrated forms of cannabis were commonly used by doctors to treat a variety of ailments. The fibers of the hemp plant were great not only for creating boat sails which were vital to the war effort, but hemp was also a vital material in clothing and paper for decades.

However it was when Mexican immigrants arrived and brought their preferred method of cannabis consumption with them that the plant would begin to gain notoriety. Opposed to consuming it in a medicinal form such as a tincture which was common in the country at the time, the immigrants would roll up loose cannabis flower into cigarettes or pack it into pipes and smoke it.

Just like today, immigration of Mexicans to the United States stirred up xenophobia. In the 1930s a man named Henry Anslinger, the head of the Federal Bureau of Narcotic (now the DEA), made a distinct effort to link cannabis use to Mexican immigrants to stir up fear in the community and build support for prohibition.

Keep in mind this is the 1930s, and alcohol prohibition had already been in effect for almost a decade. So the idea of banning a substance through provoking fear in the public was by no means a new concept.

Anslinger would coin the term “marihuana” to replace cannabis. He chose the word because of its foreign sounding nature that could be attached to Mexican immigrants. But Mexicans weren’t the only victims of Anslinger’s racist campaign against cannabis.

Henry Anslinger held such views on cannabis as, “Reefer makes darkies think they’re as good as white men,” and, “Marihuana leads to pacifism and communist brainwashing.​” One of his most famous quotes is as revealing as we need it to be to recognize the racist intentions of the word “marijuana”:

“There are 100,000 total marijuana smokers in the US, and most are Negroes, Hispanics, Filipinos and entertainers. Their Satanic music, jazz and swing, result from marijuana usage. This marijuana causes white women to seek sexual relations with Negroes, entertainers and any others.​​”

Need I say more?

In the end as we all know, Anslinger’s plan would be a success. In 1937 the United States passed the Marihuana Tax Act which would be the basis for criminalizing the plant nationwide in the years to come.

After the Marihuana Tax Act of 1937 went into effect, the Bureau of Narcotics arrested Moses Baca for marijuana possession. Baca was a Mexican-American and was the first victim of the federal government’s war against drugs.

It’s time to move on

To make a long story short, the only reason the word “marijuana” even exists in the first place is because of racism. And that same racism has fueled the drug war that has plagued the United States for decades, with that word being at the forefront of the campaign.

Does this make everybody who calls cannabis marijuana a racist? Of course not. Don’t attribute malice to that which can be explained by ignorance.

It’s not like the history and prohibition of cannabis is taught the same way prohibition of alcohol is in high school. Politicians don’t want to talk about the dark, tattered history of the plant and why it became illegal in the first place. Anybody who wanted to know the history of cannabis had to seek it out themselves, and in most cases still do!

Let’s not forget that cannabis is still illegal on the federal level, all because of the racist campaign Henry Anslinger started in the early 20th century. Well, we’re in the 21st century now, and it is time to move on from the outdated, racist terms used to describe a plant that thousands use as medicine and recreation.

It isn’t snobby to call cannabis by its proper name to combat the decades of racism its former helped promote. It isn’t elitist or trying to be cool to use the proper terms for a plant that the majority of us want to be legal.

How can we expect legalization of cannabis when we can’t agree on what to call it?