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Medical marijuana dispensaries, including those in Cherokee County, must jump through several hoops through to ensure state laws are followed properly.
Cherokee County Sheriff Jason Chennault said the current Oklahoma law states that to legally purchase or consume marijuana, one must qualify for and purchase a medical marijuana license.
“My advice to medical marijuana users in Oklahoma would be this: Make sure the benefits of using medical marijuana outweigh the possibility of being charged with a federal crime of possessing and consuming marijuana,” Chennault said.
Chennault said the Oklahoma Medical Marijuana Authority checks to make sure the CBD and THC legality requirements are being met in Cherokee County dispensaries. Chennault agreed that from a law enforcement perspective, monitoring the state and federal criteria regarding THC and CBD products coming out of dispensaries has been difficult.
“When the medical marijuana law was enacted by the Oklahoma Legislature, they did a very poor job of setting up clear guidelines for law enforcement to follow for enforcement purposes,” Chennault said.
Kari Wilkerson, Spectrum Cannabis owner, said dispensaries must be licensed through the Oklahoma Bureau of Narcotics and Dangerous Drugs and OMMA, with the latter inspecting dispensaries yearly. Dispensaries also have to receive occupancy and dispensary permits from the city of Tahlequah before they begin operating.
Inspections and permits do not stop there for dispensaries. Wilkerson said those selling edible products must get licenses through the Oklahoma Department of Health, and an Oklahoma Department of Agriculture, Food and Forestry license is also required by a dispensary selling seeds or clones. Dispensary scales are usually checked every year or so by the Department of Weights and Measures, with ODH inspecting once a year.
While THC and CBD products are both sold at dispensaries, they each have different effects on the patient. Wilkerson said CBD is a cannabinoid from cannabis used for medicinal benefits, such as helping with epilepsy, inflammation, pain, and anxiety.
“Unlike THC, CBD does not have any psychoactive properties,” Wilkerson said. “THC is another cannabinoid found in cannabis with medicinal benefits that is psychoactive and is responsible for the ‘high’ associated with cannabis.”
Wilkerson said there are different laws for CBD and THC items. CBD-only products are not considered controlled substances and are therefore not regulated by OMMA or the OBNDD.
“OMMA requires processing who manufacture edible products to follow very specific packaging guidelines,” Wilkerson said. “Aside from general food packaging requirements like ingredients and allergens, any THC containing product must be packaged in child-resistant packaging with the universal THC warning label for the state of Oklahoma.”
Since medical marijuana is legal in Oklahoma, but medical and recreational are both still illegal at the federal level, Wilkerson said the products sold at dispensaries are not impacted, unlike the form of payments that can be accepted by the dispensary. Wilkerson said that’s why they can only accept payments in cash.
Brooklynn Brown, CBD Plus manager, said since THC is still illegal federally, the number of people to which the dispensary can sell is restricted.
“If it were legal federally, we would be able to sell to anyone with or without a medical card,” Brown said. “We would also be able to have delivery services for our patients who are unable to come to the storefront and currently have to have a caregiver.”
In Oklahoma, Wilkerson said, THC products do not have any potency restrictions, while CBD must contain 0.3% of the dry weight or less of THC. Brown said the same potency limit is required for Delta 8 products.
A Texas study by Michael and Associates indicates 70% of that state’s samples had higher amounts of THC than advertised, and 20% had lower than advertised. To ensure such an issue does not take place in Oklahoma, Brown said, all processors and growers in the state have to test and report every product to Metrc – a provider for U.S. cannabis regulatory systems.
“All products that come into a dispensary have to be sent through Metrc and are required to have the test results attached to them in the manifest,” Brown said.
Wilkerson said this situation is outside of the control of dispensaries, as all products have been tested by an OMMA-licensed lab.
“This has been a controversial topic for some time in the state of Oklahoma, as it seems most lab results vary from lab to lab,” Wilkerson said. “From my understanding, there really isn’t any standardization so labs can use different equipment and methods of testing, so it would make sense results would vary. OMMA is working on building a standardized lab to try to ensure the different labs across the state are accurate across the state.”
Brown said there are different regulations for CBD and THC products, since the latter is deemed psychoactive.
“Due to THC being psychoactive and changing the way your brain works, it is required to obtain a medical marijuana card to purchase,” Brown said. “CBD is not as heavily regulated because it is not psychoactive and has not been proved to have any psychoactive properties when taken in high doses.”
One must be at least 18 to purchase CBD, Brown said, unless a minor has a doctor’s approval.
“You must be 21 years or older to purchase Delta 8,” Brown said. “The THC products all have limits to them on how much an Oklahoma Medical Card Holder is allowed to purchase. They are legally authorized to possess up to 3 ounces of marijuana on their person, may possess six mature plants, and six seedling plants. They may also possess 1 ounce of concentrated marijuana, 72 ounces of edible marijuana, and may have up to 8 ounces of marijuana in their residence.”
A new law will also go into effect in June requiring the prepackaging of all “flower” – once referred to as “buds” – which Wilkerson said will make it to where the patient cannot see the product until after it is bought.
”}]]Medical marijuana dispensaries, including those in Cherokee County, must jump through several hoops through to ensure state laws are followed properly. Read More
