Unconstitutional Medical Marijuana Emergency Rules put Special Interests ahead of the Public’s Interest

July 16, 2018 – Democratic nominee for Oklahoma Attorney General, Mark Myles, denounces in the strongest terms the interference with the SQ 788 vote of the people by implementing emergency rules that are unconstitutional and benefit special interest groups.

It is insulting to over a half of a million voters who overwhelmingly passed SQ 788, that the state health board would issue emergency rules banning the sale of smokable marijuana products in licensed dispensaries without any time for public comment before Governor Fallin signed the rules,” Myles said.

The Oklahoma State Board of Health recently promulgated emergency rules banning the sale of smokable medical marijuana plus other restrictions contrary to the will of the people as expressed in the recently passed SQ 788. Their decision is clearly unconstitutional.

In Marly v. Cannon the Oklahoma Supreme Court clearly stated that a state “agency created by statute may only exercise the powers granted by statute and cannot expand those powers by its own authority.”  See Marly, 1980 OK 147, ¶10, 618 P.2d 401, 405 (citations omitted) see also Farmacy, LLC v. Kirkpatrick, 2017 OK 37, ¶ 20, 394 P.3d 1256.

“The State Board of Health is without authority to amend or limit the statute nor limit a right guaranteed by the statute without falling afoul of Oklahoma’s Constitution and Oklahoma’s Administrative Procedures Act specifically 75 O.S. § 302(D), because the enabling statute never granted the Board the right to amend or limit the statute,” Myles said.

“Further, there is no emergency, no justification for implementing emergency rules, and no adherence to the statutory requirements for promulgating emergency rules.”

The board’s decision, made without a glimmer of transparency, not only ignores the will of the people, but opens the door for well financed special interests to monopolize the sale of non-smokeable products in dispensaries while forcing people with a legitimate medical need to either cultivate their own marijuana or potentially turn to illicit sources to acquire smokable marijuana.

“The board’s decision is short sighted, premature, ill conceived, and ignores the proven efficacy of smoking marijuana to alleviate certain medical conditions. Blanket statements decrying acceptable delivery methods for medical marijuana without more input from medical professionals and public comment as to the efficacy, appropriateness, and best practices for smokeable products should be more fully considered,” Myles said.

“Further, the decision is consistent with the state government’s approach over the last eight years to put special interest groups ahead of the public interest and inviting needless lawsuits forcing the State to waste more taxpayer dollars in what should be unnecessary litigation.”

“I am the Democratic nominee for Oklahoma Attorney General and I am running to restore the public interest to its rightful place ahead of the special interests in Oklahoma. ”

1 Comment

  • Bob Prickett

    I’m an arthritic 71 year old and I agree with you and the law completely. Laws can be passed by referendum but the results are determined by the people who implement them. We need to start electing people who represent all the people, not just the ones with deep pockets who see government solely as a way to get to get richer. Or conceding reality, at least people who’s get rich schemes actually benefit someone besides themselves. The rising tide should float all boats not just the well connected.

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