Board of Health approves medical marijuana rules, prohibits sale of smokable products

The Oklahoma State Board of Health approved emergency rules for medical marijuana July 10, but prohibited the sale of smokable products. (KOKH)

The Oklahoma State Board of Health has voted to approve emergency rules implementing medical marijuana in the state, but prohibited the sale of smokable products.

The board voted to approve all the rules July 10 but voted to amend two sections. In a 5-4 vote, the board voted to prohibit the sale of smokable products. In a separate motion the board also moved to require a pharmacist in dispensaries during operational hours. The approved rules also prohibits the sale of edibles that resemble popular candy.

Members of the cannabis industry expressed opposition to the amendments.

Chip Paul with Oklahomans for Health called the move to require a pharmacist unnecessary.

"You need a pharmacist to prescribe FDA regulated medicines," said Paul. "That's how it all works; the FDA regulates and basically it gives ability to have a medicine prescribed, then you prescribe it and a physician recommends it, right? So that's how that system works. Marijuana is outside that system because it's federally illegal."

Bud Scott, executive director of New Health Solutions Oklahoma, believes the rules will be challenged in court.

"I think it's most likely that you'll see a form of litigation ensue both from opponents and supporters," Scott said. "We've been calling this now for over a week and knew that this was an inevitable result."

Under the amended rules, medical marijuana will be allowed to dispensed in the following forms:

  • pill
  • oil
  • topical forms (Gels, creams, ointments)
  • a form medically appropriate for administration by vaporization or nebulization, excluding flower, dry leaf or plant form
  • tincture
  • liquid

Governor Mary Fallin now has to approve or reject the rules. She has 45 days to act.

Both amendments were mentioned during a press conference by the Oklahoma State Medical Association on Monday. Ryan Kiesel, executive director of ACLU-Oklahoma, tweeted Tuesday that by banning smokable forms of medical cannabis the board has "guaranteed litigation".

The proposed rules, without the amendments to 681-2-11 and 681-1-4, can be read below.

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