OKLAHOMA CITY - Quick Facts:
- Oklahoma Attorney General Mike Hunter advised the State Board of Health to change the rules they made for medical marijuana last week.
- Attorney General Hunter said the rules the Board made last week are inconsistent with the language of the state question that was passed.
- He advised the Board to hold a special meeting to amend the rules that differ from that language.
- Medical marijuana advocates announced a lawsuit last week over the current rules last week.
- RELATED: Oklahoma medical board lawyer charged with making threats.
Oklahoma Attorney General Mike Hunter is advising the State Board of Health to reconvene over its ruling on the state's medical marijuana rules.
In a letter to the Board, Attorney General Hunter said some of the regulations they laid out are inconsistent with what was voted on for State Question 788.
"In a letter sent today to Health Department Interim Director Tom Bates, the attorney general writes, the board’s role in limiting the forms of marijuana products is confined to food and safety standards that are in line with food preparation guidelines, not prohibiting the sale of smokable, vapable, edible or other forms of marijuana." - Attorney General's Office
Attorney General Hunter also said "the board has not been given any express or implied statutory authority to impose additional requirement on licenses."
The attorney general is the latest Oklahoma official to speak out against the State Board of Health knowing.
State Board of Health President Tim Starkey released this statement:
The Board of Health appreciates the quick review by the Attorney General and acknowledges the advice and counsel regarding the prior adoption of emergency rules on State Question 788. The legal analysis by the Attorney General provides clarity on several rules and the legal authority we have to construct a regulatory framework for a state-wide medical marijuana program.
I have asked Commissioner Bates and his staff to make sure the appropriate modifications are made as outlined by the Attorney General in today’s correspondence. The Board of Health will call a special meeting to consider these changes as soon as possible.
The OSDH staff has done an incredible job to prepare for implementation of this program and we want to make sure they have clear direction to meet the deadlines outlined in the state question and administer this new program.
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