State Question 813 Has a Lot of Protections for Employment, Patient Protections, Business Protections
It’s Oklahoma Cannabis Attorney Isaiah Brydie. Lets discuss State Question 813. We’re going to read one specific section to you. Now, remember, Oklahoma State Question 813 is regarding the fixing of our medical marijuana program. There’s other things in it, but it’s also for patients and for businesses. It’s got a lot of protections for employment, patient protections, and business protections.
It’s fixing a lot of the ills that have been caused by our legislation. So, tonight, I want to talk to you about the patient’s rights in State Question 813. Some of this will sound familiar because you already have them. You’re about to lose them, but right now, you have them. I’ll explain at the end how you’re about to lose them. Just bear with me.
Home grow shall be permitted for medical marijuana patients who are licensed by the Oklahoma Medical Marijuana Authority. Oklahoma medical marijuana licensed patients shall have the right to have a home grow, or to grow their medical marijuana pursuant to obtaining written permission from the owner of the registered residential property if they lease or rent. A patient who chooses to grow their own medical marijuana shall have the right to have up to and including six mature and six immature plants in their home grow. We will discuss what mature and immature are at the end.
A patient licensed by the Oklahoma Medical Marijuana Authority shall have the right to grow their medical marijuana inside their home or yard without unduly burdensome input, taxation, rules, or regulations from the state, county, city township, municipality, or any other local governmental agency and/or entity
They will also have the right to have in their possession, in their home, all medical marijuana flower, trim, shake, root ball, and leaves yielded from their home grow harvest without fear of being over the legal limit, providing they can provide proof that the medical marijuana is from their home grow, i.e., pictures or video evidence, absent evidence to the contrary by the State of Oklahoma or any law enforcement agency
What this means is you have six plants. If any of those plants that harvest at one time have a large yield, you get to keep it, but you have to be able to prove that you actually grew it. Well, how do you do that? Every grower we know takes pictures, and they take videos of their plants, their harvest, all of that.
So, just keep those, but the state will have to prove that you didn’t, so they would have to have physical evidence that you did not grow that. Now, if you’ve got 10 pounds, it might be questionable, but in the meantime, with this bill, you get to keep everything that you harvest.
Effective immediately upon the passage of this article, sharing of marijuana smokables, vapes, i.e., joints, pre-rolls, pipes, smoking devices, concentrates, edibles, and marijuana-infused products with friends in a group setting, provided all persons in the social setting are 18 years old or older as permitted under this article.
That’s right, 18 years or older. Pursuant to the passage of this article, persons who are on probation or parole who have a medical marijuana license issued by the Oklahoma Medical Marijuana Authority shall be permitted to medicate with medical marijuana without fear of having their probation or parole revoked.
Pursuant to approval by Oklahoma prison authorities, administrators of said facilities shall administer medical marijuana to incarcerated persons who hold valid Oklahoma medical marijuana licenses.
Pursuant to approval by the Department of Corrections, city, county, municipal, township, jails detention centers, and correctional facilities shall administer medical marijuana to an inmate who holds a medical marijuana license issued by the Oklahoma Medical Marijuana Authority.
Now, remember, we can’t dictate to them, but we could put it in here that they can do it if they can get it approved amongst their entity. All right. No school may refuse to enroll or penalize a person solely for their status as a medical marijuana license holder.
No landlord may refuse to lease or to penalize a person solely for his/her status as a medical marijuana license holder. I’ve heard of some patients whose landlords have increased their rent exponentially because they are medical marijuana license holders. So, this was absolutely needed.
For the purpose of medical care, including organ transplants, a medical marijuana patient licensed by the Oklahoma Medical Marijuana Authority, medical marijuana use shall be considered the equivalent of any other medication and shall not constitute the use of an illicit or illegal substance.
The use of medical marijuana by a patient who is licensed by the Oklahoma Medical Marijuana Authority shall not disqualify a patient from medical care, including pain management care from any medical facility. We all know that there’s a big problem with these pain management companies if you are a medical marijuana user.
Medical professionals and physicians shall not place notations in the patient’s medical records indicating illicit drug use solely for the presence of THC in a blood or urine test or due to the patient holding a medical marijuana license issued by the Oklahoma Medical Marijuana Authority.
Licensed medical marijuana patient home growers shall have the right to donate any of their yielded medical marijuana including flower, stems, shake, trim, root balls to a processor to manufacture Rick Simpson Oil. Now, this is a donation.
We’ve heard from a lot of patients who grow their own, wishing that they could donate to have Rick Simpson Oil made, so that lower-cost Rick Simpson Oil is made available to chronic pain patients as well as cancer patients. So, we heard you, and we put it in.
No additional rules and regulations shall be enacted outside of this article. Now, this is section seven of State Question 813. Let me give you a little history on State Question 813. It is currently held up in the Supreme Court, Oklahoma Supreme Court as someone you know filed a protest.
We are currently waiting for a decision on a motion to dismiss from the Oklahoma Supreme Court. The motion has been made, and we’re just waiting on a decision. So, there is a lot to State Question 813, and I’m going to go through each one, each section in a video. So, for right now, this is section seven of State Question 813.
So, we will do another one here soon, probably tonight so that it gets posted pretty quick. If you have any questions, call (918) 932-2879 to speak to a Tulsa medical marijuana attorney.
This was written by the people for the people. It’s written by business owners, activists, patients, and we spent hundreds and hundreds and hundreds of hours writing this. Is it perfect? No. Are there things that we would add? Yes, because things have changed since this has been put together. Different things have come out.
Now, we said that this was patient rights. There’s a bill out – we’re not going to name it – that, if you read it, you’d find out that you would be giving up your patient rights or at least some of them. We don’t think you should give up any of your patient rights, but we would highly recommend if you have not read all of the bills, that you do it for yourself. Don’t listen to just us.
Don’t listen to anybody else. We will put the link in the comments, and I highly recommend that you read the bills for themselves, for yourselves because we can tell you what it says but you don’t know that we’re telling you the way it really is. We are, but we’re just saying: read them for yourself.
We can’t stress that enough. Not just this one but all of them. We just really cannot stress that enough. So, if you have any questions, reach out to us by phone or email to speak to a medical marijuana attorney in Tulsa. See you on the next one.