Oklahoma Medical Marijuana Authority Sued for Violating State Laws

A recent lawsuit filed against the Oklahoma Medical Marijuana Authority (OMMA) alleges that the organization failed to make its meeting agenda public, in violation of a state law known as the Oklahoma Open Meeting Act.

The lawsuit is led by Tulsa-based attorney Ron Durbin of Durbin Law – Viridian, who spoke at a rally at the Oklahoma State Capitol in Oklahoma City on July 30th. “One of the main reasons I’m here today is that we have a new lawsuit against OMMA, against Director Williams, against their secretary, against many new members of the Health Committee and the Food Safety Standards Committee,” said Durbin.

About 100 people attended the rally, according to Fox 25. “We don’t want that; It is ridiculous that we have to go on like this, but if they keep forcing us we will keep doing it. “

Oklahoma is being sued for “underhand” rulemaking

The lawsuit alleges that new emergency rules for the industry, which went into effect July 1, were agreed without properly informing the community.

The lawsuit states that OMMA has violated the Oklahoma Open Meeting Act, which requires all state meetings (such as local boards, commissions, and any other groups) to be open to the public and to publish an agenda of topics for discussion . According to Durbin, OMMA has violated this law.

“Ultimately, they formed this new board in secret, held a secret meeting to approve some regulations, and then sent them to the governor as emergency regulations,” he told Fox 25. Governor Kevin Stitt received House Bill 2272 on his desk and registered it on May 18, 2021.

Rachel Busett of Bussett Legal Group and Durbin’s co-attorney accused OMMA of being “sneaky.” “They did it in a devious and underhanded way. Intentionally or unintentionally, I give them the benefit of the doubt, ”she said. “These were sent less than 24 hours before they were due to appear and vote on them, to people who weren’t lawyers and are usually not part of the rulemaking process.”

Durbin believes the problem lies with the Oklahoma Department of Health, and his lawsuit demands that management of the state’s medical cannabis industry be transferred to the Oklahoma Bureau of Narcotics instead. “Make some new, clear rules for what’s going on and run from there. But we have to get it out of the Ministry of Health. “

A statement was sent to Fox25 on behalf of the Oklahoma State Department of Health (OSDH) and OMMA in defense of the alleged violation of the Oklahoma Open Meeting Act.

“OMMA continues to follow the rules for public gatherings and public speaking. We look forward to continuing to work with licensees and other community members as the opportunity for public comment becomes available in the coming months.

“The Oklahoma Medical Marijuana Authority is committed to protecting patients and fulfilling our mission to ensure safe and responsible practices in the licensing, regulation, and administration of the medical marijuana program. While OSDH and OMMA focus on patient safety, they conscientiously follow the legal requirements and intentions. “

Durin is also behind another lawsuit against OMMA related to a 2019 law that put in place a seed-to-sale tracking system with Metrc. The lawsuit argues that Mertc would receive millions of dollars in service fees from business owners in Oklahoma, which lawmakers have not approved, according to Tulsa World.

Oklahoma’s medical cannabis industry is now three years old and was voted and approved on June 26, 2018. To date, there are 373,943 medical cannabis cardholders in the state, according to the Oklahoma Medical Marjiuana Authority. Between January and June 2021, the state levied $ 43,166,199 in state and local sales taxes.