Lawsuits Criticize Department Of Health Medical Marijuana Rules

The future of medical marijuana in Oklahoma is now uncertain, after two lawsuits were filed against the Oklahoma Department of Health Friday.

Both groups say the Department of Health went too far, but the two cases could have very different results.

Green the Vote says the group was blindsided Tuesday when the department added amendments to the State Question 788 guidelines.

“No leaf. That is very upsetting, and then pharmacists in every dispensary?” John Frasure of Green the Vote said.

Frasure says Tuesday was the first time anyone outside of the department had even heard about prohibitions of the marijuana flower, pharmacist requirements or THC limits.

The department voted to add those amendments to the medical marijuana rules.

Green the Vote filed a lawsuit Friday against the state, claiming the Department of Health violated the Open Meetings Act.

While green the vote's argument is worded not to get in the way of patients wanting marijuana now, another lawsuit filed Friday is much broader and could delay the entire process.

“The issue here is medical marijuana and that's fantastic but the overall issue is the problem with our government in Oklahoma and their exercising of authority that they don't have,” Attorney Rachel Bussett said.

In a suit filed by several plaintiffs, attorney Bussett's argument challenges the Department of Health’s ability to make so many guidelines in the first place.

This approach could prolong access to medical marijuana depending on how it plays out at a hearing in early Agusut.

“They could call a special session. The Department of Health could have an emergency meeting. Their rules could be done properly. There could be a settlement reached between all of the parties,” Bussett said.

The Department of Health has no comment at this time.