Catherine Sweeney Profile picture
Jul 13, 2018 10 tweets 2 min read Twitter logo Read on Twitter
Thread: I'll be tweeting some details from the #SQ788 lawsuit filed in Cleveland County today. Here's the link. If you want to read the complaint, find the PDF under petition. I'll upload a PDF in a but. oscn.net/dockets/GetCas…
Plaintiffs include residents who would be medical marijuana licensees or parents of minors who would qualify. Conditions include seizure disorders, chronic pain, anxiety, migraines and insomnia.
"(Plaintiffs) have been denied proper access to medical care and treatment by the arbitrary and capricious rules adopted by the DOH which exceed their rule making authority and which impair Plaintiffs rights under Oklahoma State law."
"The plain language of SQ 788 does not enable the Oklahoma Health Department to create rules related to the use, ingestion method, distribution, possession or growth of medical marijuana, except as specifically set forth therein."
"The rules only enable the creation of an administrative body to issue and administer rule making on the issuance of license, food safety standards and inventory tracking."
These screen shots show which provisions the litigants argue break the law set forth in SQ 788.
"... It is clear from reading the statutes that the people voted on and approved a statute that contemplated marijuana being used in a smokable form as the statutes throughout reference "marijuana" and "marijuana derivatives."
"The plan language of SQ 788 ... places no limitation or give authority to place limitations on the quantity of THC that is allowed i a medical marijuana product and thus any such limitations are arbitrary and capricious and violate the legislative intent of SQ 788."
"The Governor declined to call a special session, so the words of the statute, as passed by the citizens of Oklahoma, denote their intent, which has not been changed by the Legislature."

That's the crux of the whole lawsuit, that agency officials have to stick to what is in 788.
Relief sought: "...rules regarding the implementation of the the Oklahoma Medical Marijuana Program be set aside in their entirety..."

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More from @CathJSweeney

Sep 24, 2018
I'm watching @NewsOK's gubernatorial debate and will tweet highlights.
@NewsOK Stitt on the teacher walkout: "We would have never been in that situation had I been governor."
@NewsOK Chris Casteel: Why did you oppose HB1010? You've said before we need to be competitive with other states. The increased rates are still lower than many. Stitt: "It was just going to put a bandaid on this problem."
Read 27 tweets
Aug 22, 2018
I'm at the joint legislative working group on #SQ788. In addition to two doctors, more than 15 residents have signed up to speak. They are allotted 5 minutes each.
Dr. Mike Mullins will testify first. He said he's representing no one but himself. He graduated from both pharmacy and medical school.
Mullins: "We have a very limited role. It is a role that is very short. It's not anything we have experienced before as physicians with our patients." We might never see the patients again. "It probably is more along the lines of a consumer-physician relationship."
Read 29 tweets
Aug 21, 2018
Thread: I hear constantly that Oklahoma's prison system is corrupt because of private prisons. Let's talk about why that is one tiny piece of the huge problem that is Oklahoma's criminal justice system. Not a lawyer, policy wonk, etc. This is some 101 stuff.
Oklahoma's PUBLIC state-owned and operated prisons have nearly 20k people in them. That is 113% of capacity. Where are those 13 percent? Glad you asked. Usually one of two places: county jails or temporary beds.
In county jails, there are no services. No mental health, no substance abuse, no job training. No counseling at all. Just meals. Temporary beds are shoved into common spaces. Sometimes it's the spaces where these classes are supposed to be held, so those classes disappear.
Read 15 tweets
Aug 15, 2018
I'm at the joint working group on #SQ788. We'l be hearing from law enforcement today.
Rusty Rhoades, head of the Department of Public Safety. He is talking about whether employees should be allowed to use MMJ. He said troopers obviously can't. He said rules in his department will have to be black and white. "There's not a lot of grey area in law enforcement."
Sen. Paxton: Walk me through a traffic stop. No one is concerned about MMJ at home. But what about on the road? Rhoades: “Training has been in place for a number of years ... now, that’s expensive training.” “That’s where the lines get pretty blurry.”
Read 47 tweets
Aug 8, 2018
The debate is starting. You can tune in now. Kelly Ogle of OKC @NEWS9 and Terry Hood of Tulsa @NewsOn6 are hosting.
First question, Ogle: Do you believe Oklahoma is headed in the right direction?
Cornett: “The citizens of Oklahoma should be very upset.” Points to several economic and political failures and contrasts them with achievements in Oklahoma City. “i want to bring the same sort of success to all corners of Oklahoma.”
Read 30 tweets
Jul 10, 2018
Thread: The Oklahoma State Board of Health is considering final draft rules. Julie Ezell, general counsel is presenting. #SQ788
She is explaining several provisions. I'll tweet some highlights while retweeting other reporters.
Ezell: The rules ban outdoor marijuana cultivation. It's not only for the safety, security of the marijuana. "It's also related to pesticides, water runoff and stuff like that."
Read 14 tweets

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