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Gov. Fallin still speaking with agencies on medical marijuana passage

OKLAHOMA CITY - A spokesperson for Governor Mary Fallin said a special session date has not been set, despite passage of a state question on medical marijuana.

On Tuesday, Oklahomans voted to pass State Question 788, legalizing medical marijuana.

Two weeks ago, Gov. Fallin said she intended to call for a special session if the measure was approved. The purpose would be to create a regulatory framework for the medical marijuana program.

On Wednesday, a spokesperson for the governor's office said she was still meeting with agencies and Legislature leadership. Fallin, we're told, still needs to get input before coming to a final decision on a date.

Sen. Kay Floyd, D-Oklahoma City, told News 4 she has not personally spoken with Fallin but Senate leadership has engaged in discussions on the regulation of medical marijuana.

"If we go into Special Session, what I’d like to see happen is we remain open and transparent with the whole process. We treat it like any other bill, we go through the committee process where it can be properly vetted. We take it to the floor where it can be properly vetted," Sen. Floyd said. "We want to do right on the front end. There are lot of people that are depending on this and we need to make sure the process is respected."

Under State Question 788, a person with a state issued medical marijuana license can:

  • Consume marijuana legally
  • Legally possess up to three ounces of marijuana on their person
  • Legally possess six mature marijuana plants
  • Legally possess six seedling plants
  • Legally possess one ounce of concentrated marijuana
  • Legally possess 72 ounces of edible marijuana
  • Legally possess up to eight ounces of marijuana in their residence

On Wednesday afternoon, the Oklahoma State Health Department addressed their role in the implementation of State Question 788. Interim health commissioner Tom Bates described the program as a work in progress. Application information and requirements for a state-issued license will be available online by July 26.

"There's nothing that's going to be done today or tomorrow or people in the public can do today or tomorrow," Bates said.

Bates said they have been preparing for the passage of State Question 788 since April. So far, they do have a 61-page draft with emergency rules including the license only being valid in Oklahoma. If an applicant is younger than 18 years old, his or her application must have recommendations from "...two physicians dated within 30 days of each other who do not practice together." Bates said the emergency rules were based off of other states which have already implemented medical marijuana program.

The draft will be considered by he Oklahoma State Board of Health on July 10.

"The state question doesn't talk about a qualifying condition, but we are engaged in conversations about what kind of training and so forth doctors should be required to go through," Bates said.

If lawmakers were called back to the Capitol, House majority floor leader Jon Echols, R-Oklahoma City, said it would not be about "changing the will of the people."

"I think the House has no interest in doing that," Rep. Echols said. "What the House has an interest in doing is very simple things, should there a limit on the number of dispensaries?"

For the full draft and commonly asked questions, click here.