Oklahoma State Question 807 Explained – Part 1.
Tulsa Attorney Isaiah Brydie coming at you guys with another video. In this video, it will be all about state question 807. Now state question 807 is the second attempt at the individuals who filed state question 806 to make medical marijuana or actually just cannabis in general recreational in the state of Oklahoma. There are some substantial changes between state question 806 and 807, however, there still are some problematic provisions that rose their head in 806 that still remain in 807.
Let’s just jump straight into it. Starting with page one, page one kind of covers just some general definitions of some terms that are going to be used in the state question going forward, we may jump back to these, but I want to go to page two and go to number 11 which is the definition that they give for medical marijuana business licenses.
Here it’s laying out that a medical marijuana business license is going to be separate from a potentially separate from just a marijuana business licenses in general. Again, we also have a medical marijuana license, which I do believe is speaking to any license that was given for medical marijuana programs encompassing both a medical marijuana business licenses in medical marijuana patient licenses and then we also have below that the definition of the word patient here.
Here we’re seeing that there are some serious division lines being drawn between general consumption for recreational use, general businesses for marijuana and for medical marijuana and then also to a general line drawn for medical marijuana patients. Here there are some dividing lines being drawn up and we’ll see how those dividing lines apply to those different categories going forward in this state question.
Going on to page three, we’re going to jump down to employment property in patients. Number one, it’s just a general provision that says that this article does not limit any of the privileges, rights, immensities or defenses of patients, medical marijuana licensees. That’s presuming that medical marijuana businesses and medical marijuana patients or medical marijuana business licensees as provided under Oklahoma law. So here we go.
Aside from everything else, medical marijuana, medical marijuana businesses and medical marijuana patients are going to be protected separately from general consumers. General consumers, a term that I’m going to be using going forward to denote people who use marijuana specifically for recreational use or businesses who sell marijuana specifically for recreational use. Going forward from there, number two and number three basically speak to employers saying that employers are not going to be required to accommodate the conduct of the state question or also too they’re not going to be restricted from restricting conduct under the state question as well, employers may be allowed to have their own separate rules when concerning cannabis sheaves.
Going forward from there we go to section four which lines out personal use protections and here it’s basically saying, I’m going to read directly here. Subject to limitations of this article the following acts are not unlawful and shall not be an offense under state law or the laws of any local governments. It’s basically saying that the consumption or the processing or the growing of marijuana is not going to be an offense as long as you’re in line with the state question.
Going down from section four number one a, it lays out that a person cannot have in their possession more than one ounce of marijuana or eight grams of marijuana in a concentrated form. Here we’re seeing some specific limitations and restrictions that go away from what medical marijuana patients aren’t allowed to have in their possession, which is quite interesting.
Here recreational use people are allowed to grow up to 12 plants or up to have… Are allowed to possess up to 12 plants, six of them being mature and six of them being seedlings. Going on to page four, persons may not be denied parental rights, custody or visitation when dealing with minor children as long as their consumption of cannabis does not create a unreasonable danger to the minor children, here unreasonable danger is a phrase that is not defined so we’ll have to either look to the department of human services guidelines or some other document to actually get a definition for what an unreasonable danger is if that term even has a definition.
That’s my first video on state question 807, be sure that you guys tune in for my followup videos going further into the state question. My number is 918-932-2800 and I look forward to seeing you guys later.