Oklahoma Dispensary Owners Looks at State Question 813, Section 11, Parental/Grandparent Rights
Hi guys, it’s Oklahoma Cannabis Attorney Isaiah Brydie. We’re going to go over State Question 813, Section 11, Parental/Grandparent Rights. This is a big one. Many of us have children or even grandchildren. We all have seen a lot of things about parents being threatened because they have medical cards or their children that have medical cards and they’re being threatened at the loss of their child
So, we’re going to go over parental/grandparent rights in Oklahoma State Question 813. No parent, stepparent, foster parent, guardian, or grandparent who has a medical marijuana license issued by the Oklahoma Medical Marijuana Authority, shall be denied custody, visitation, or parenting/grandparenting time with a minor child. Now 788 gave us that right, but we don’t think it went far enough. So we’re going to keep going.
No parent, stepparent, foster parent, guardian, or grandparent shall be denied custody, visitation or parenting/grandparenting time with a minor child for being an adult use marijuana consumer. We call adult use, others usually call it recreational. So there’s a difference here: licensed medical marijuana patient, and adult user or consumer.
No parent, stepparent, foster parent, guardian, or grandparent who has a medical marijuana license issued by the Oklahoma Medical Marijuana Authority shall be denied custody, visitation or parenting/grandparenting time for having a patient home grow in their home or on their property. No parent, stepparent, foster parent, guardian, or grandparent who has a medical marijuana and/or adult use marijuana business license issued by the Oklahoma Medical Marijuana Authority shall be denied custody, visitation or parenting/grandparenting time with a minor child.
No parent, stepparent, foster parent, guardian or grandparent who has a medical marijuana license issued by the Oklahoma Medical Marijuana Authority shall be denied custody, visitation or parenting/grandparenting time with a minor child for having marijuana accessories and/or paraphernalia on their person, in their vehicle or in their home.
No children shall be removed from the home of a parent, stepparent, foster parent, guardian, or grandparent solely for possessing, consuming or growing medical marijuana in their home. These actions shall not precipitate a department of human services or child protection services investigation. No children shall be removed from the home of a parent, stepparent, foster parent, guardian, or grandparent, solely for possessing, consuming, adult-use marijuana. These actions shall not precipitate a department of human services or child protection services investigation.
Any licensed Oklahoma Medical Marijuana Authority patient who is a new mother and her newborn(s) who tests positive for THC at birth shall not precipitate a department of human services or child protective services investigation, or removal of children or child solely on the grounds of THC being present. There must be something else that would precipitate an investigation or the removal of children. It cannot be just because the mother is a consumer or a licensed patient of medical marijuana.
All right. Should a licensed Oklahoma Medical Marijuana patient give birth and her or the baby tests positive for THC while under medical care, this shall not precipitate a department of human services or child protection services investigation or removal of children solely on the grounds of THC being present. What this means is after you leave the hospital, you take the baby to the doctor or you go to the doctor and you’re tested, the baby’s tested, blood tests is done, while the other one was about when you gave birth. So it protects you at birth and it protects you as a child gets older.
No additional rules or regulations shall be enacted outside of this article. We put this at the end of each section so that our state legislature, OMMA and all the different entities, and we’ll discuss each of those in a future video or two or three or four, so that they can’t come back and try and enact additional stuff and change the verbiage, change up the meanings. We wrote this in plain language so that everybody can understand it.
So everybody has the same meaning, it being plain language and not legalese, helps. Just reading it, you’ll understand what it says. Now, you may have to read it slow. Sometimes you have to do that, just to make sure you get the real meaning – even we do it sometimes, and we authored it. So just so you know, it’s written in plain language. It’s very easy to understand. There’s a couple of sections that we had to get a little technical on, but for the most part, it’s very easy to read. It’s long. We will give you that much, but it’s pretty plain. All right. Well, that’s all for this section and we will get some more to you soon. All right. Have a good evening.