No on SQ 788: medical marijuana

It has been interesting to learn that many of my medical friends who are advocates of alternative medicine and of the medical use of CBD oil (cannabidiol) and hemp are also opponents of SQ 788, the initiative petition that would, for all practical purposes, legalize recreational use of marijuana in Oklahoma while protecting recreational users as if they were taking prescribed medicine.

SQ 788 is statutory. It would not amend the state constitution but would instead create new law on Oklahoma's statute books. You can read the official and complete text of the legislation that would be enacted by SQ 788 here.

Many of the organizations opposing SQ 788 are groups that deal in heavy, dangerous machinery, such as the Oklahoma Farm Bureau, Oklahoma Trucking Association, Oklahoma Manufacturing Alliance, Associated Builders and Contractors of Oklahoma, and Oklahoma Railroad Association. Medical associations and law enforcement organizations also stand in opposition. SQ 788 would make it easy for anyone to acquire a two-year license to use marijuana, and then it would prohibit use of marijuana from being considered by employers, landlords, judges in child custody disputes, or government agencies issuing licenses.

SQ 788 is a license to be stoned all the time while being protected against any of the social consequences reasonably accruing to a stoner. From section six of the proposal:

A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a medical marijuana license holder, unless failing to do so would imminently cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations.

B. Unless a failure to do so would cause an employer to imminently lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:

1. The person's status as a medical marijuana license holder; or

2. Employers may take action against a holder of a medical marijuana license holder if the holder uses or possesses marijuana while in the holder's place of employment or during the hours of employment. Employers may not take action against the holder of a medical marijuana license solely based upon the status of an employee as a medical marijuana license holder or the results of a drug test showing positive for marijuana or its components.

C. For the purposes of medical care, including organ transplants, a medical marijuana license holder's authorized use of marijuana must be considered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.

D. No medical marijuana license holder may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this law, unless the person's behavior creates an unreasonable danger to the safety of the minor.

E. No person holding a medical marijuana license may unduly be withheld from holding a state issued license by virtue of their being a medical marijuana license holder. This would include such things as a concealed carry permit.

F. No city or local municipality may unduly change or restrict zoning laws to prevent the opening of a retail marijuana establishment.

G. The location of any retail marijuana establishment is specifically prohibited within one thousand (1,000) feet from any public or private school entrance.

H. Research will be provided under this law. A researcher may apply to the Oklahoma Department of Health for a special research license. That license will be granted, provided the applicant meet the criteria listed under Section 421. B. Research license holders will be required to file monthly consumption reports to the Oklahoma Department of Health with amounts of marijuana used for research.

Writing in the Journal Record last month, attorney Aaron Tifft of Tulsa's Hall Estill firm points out that the passage of SQ 788 "could pose more legal risks for employers than the full legalization of the drug."

It would become unlawful for an employer to discriminate in employment based on a person's status as a medical marijuana license holder or penalize a person for testing positive for marijuana. Although its use or possession on the job would be actionable, the law is silent on working under the influence of marijuana.

Because the initiative is silent on working under the influence of marijuana, it would be arguable that the person's medical condition should be considered a disability. If the person is disabled, the marijuana could be deemed a necessary medical intervention to treat the disability - much like any number of other powerful prescription drugs -carrying protections under the law....

Alternatively, legalization of marijuana for recreational use might somewhat increase its availability, but would not elevate it to the level and protections of a prescribed medical drug. Cannabis could take its place among the other prevalent recreational drugs in American culture - alcohol, tobacco, and (dare I say it) caffeine. Just as there is no doubt an employer could restrict the use of alcohol, there would be no doubt an employer could restrict the recreational use of marijuana.

With SQ 788, there is doubt. The scope of employers' rights regarding employees with a medical marijuana license is not currently evident. Employers should be aware of this risk if the measure is passed.

Here's another example of a vaguely worded attempt, from Section 1 of the legislation proposed by SQ 788, to eliminate social consequences relating to marijuana.

M. All applications for a medical license must be signed by an Oklahoma Board certified physician. There are no qualifying conditions. A medical marijuana license must be recommended according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication. No physician may be unduly stigmatized or harassed for signing a medical marijuana license application.

Nothing in the bill explains what degree of stigmatization is undue, nor is there anything specifying whether stigmatization is a misdemeanor or a felony.

Typically, state laws allow local jurisdictions to be more restrictive, but not more permissive. Not SQ 788. Just in case the statewide allowances (3 oz. on you, 8 oz. at home, plus a Big Texan steak (72 oz.) of edible marijuana, six mature plants, six seedlings, and an ounce of concentrated marijuana) are deemed too stingy, cities and counties can raise those allowances locally without limit:

N. Counties and cities may enact medical marijuana guidelines allowing medical marijuana license holders or caregivers to exceed the state limits set forth in subsection A of this section.

The reality is that medicine from the cannabis plant has been legal in Oklahoma for a couple of years. In 2015, Gov. Fallin signed a law that legalized the use of CBD oil for children with certain medical conditions; in subsequent years legal applications of CBD oil were expanded and industrial (very low concentration of THC) hemp production was legalized. The 2014 federal farm bill authorized states to grow industrial hemp under pilot programs. Senate Majority Leader Mitch McConnell has introduced the Hemp Farming Act of 2018 to simplify rules and allow industrial hemp production on a permanent basis.

While many medicines are derived from plants, making a plant into medicine involves a process. The doctors at M. D. Anderson Center don't give their cancer patients pieces of Pacific yew bark to chew on. The active ingredients have to be isolated and purified so that precise doses can be measured and delivered, so as to maximize impact on the cancer while minimizing side effects on the patient.

Dr. David Asher, a Tulsa osteopathic physician with a focus on pain management, says that all of the health benefits of cannabis are currently available in full-spectrum hemp oil, without the side effects of tetrahydrocannabinol (THC), the psychoactive substance found in marijuana.

Dr. Asher writes that the hemp and marijuana are the same species of plant, but cultivated in a different manner. With hemp, the plant is allowed to pollinate and grow, developing seeds and fiber-rich stalks. Marijuana is protected from pollination and so stays close to the ground, putting its energy into leaves and flowers. Marijuana growers selectively breed for higher concentrations of THC. The higher the concentration of THC, the lower the amount of CBD oil and the fewer the health benefits.

SQ 788 looks like something Cheech and Chong would have written after their van made of pot caught fire. Just say no.