Board of Health reverses course, approves looser medical marijuana rules

The new regulations now head to Gov. Mary Fallin to sign or reject.

• Jackie Fortiér
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  Jackie is StateImpact Oklahoma's health care reporter. In a partnership with Kaiser Health News and National Public Radio, Jackie covers health in Oklahoma and the health care industry for local and national audiences. She has many journalism awards to her name during her years of multi-media reporting in Colorado and was part of a team recognized by the Society of Professional Journalists with a Sigma Delta Chi award for excellence in breaking news reporting in 2013. She is a former young professional fellow of the Journalism and Women's Symposium, and a member of the Society of Professional Journalists, Reporters without Borders, and a lifetime member of Kappa Tau Alpha, awarded for her thesis on disability and technology in news reporting. She holds a bachelor's degree in English with an emphasis in creative writing from Colorado State University and a Master of Arts degree in journalism from the University of Colorado, Boulder. When she's not reporting, she enjoys spending time with her husband and three cats.

Joe Wertz / StateImpact

Under State Question 788, medical marijuana patients will be able to grow a small number of marijuana plants at their home.

The nine-member Oklahoma State Board of Health unanimously passed new medical marijuana emergency regulations at a special meeting Wednesday.

The new emergency rules, which were updated just a few hours before the vote, are less than a third of the length of the regulations approved at the board’s July 10 meeting.

The new rules reverse requirements that a pharmacist dispenses medical marijuana, lifts a ban on smokable forms and the THC cap. A pregnancy test requirement StateImpact reported was likely unique to Oklahoma that experts criticized as vague and legally troublesome, was also removed.

The updated rules were approved by Attorney General Mike Hunter, who said the board overstepped its authority when it approved the previous regulations.

The new regulations now head to Gov. Mary Fallin to sign or reject. If she signs off, they will replace the longer, stricter and more detailed rules passed in July. Fallin technically has 45 days to decide, but a deadline is approaching — the Oklahoma State Department of Health starts taking medical marijuana license applications Aug. 25.

Two lawsuits have been filed over the Board of Health’s handling of the marijuana rules.

There has not been a public comment period on any of the medical marijuana draft rules since the initial period leading up to the July 10 meeting.