One of the most talked about and debated state questions in years, State Question No. 788 which legalizes medical marijuana, will come before Oklahoma voters on the June 26 Primary Election ballot.
In the weeks leading up to election day, Wagoner County Sheriff Chris Elliott has been meeting with civic groups and organizations to give residents an in-depth look at the bill.
Elliott said he is not for or against medical marijuana, but feels his role as sheriff is to educate county residents so they know what they are voting on.
He said the Oklahoma Sheriff's Association is part of an Anti-SQ788 Coalition, SQ 788 is Not Medical, which calls the state question "bad public policy."
Some coalition members would favor more limited medical marijuana laws that better protect employers, do not hamstring law enforcement and potentially have a positive medical benefit. Others, meanwhile, would not support any use of smoke able marijuana.
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"Anyone who reads the bill can see this is recreational marijuana. that's what people need to know - it's recreational, not medical," he said.
"The most blaring example is this. I can't get blood pressure medication after 90 days without getting a prescription," Elliott explained. "With medical marijuana, you can get a license from a board certified physician that is good for two years.
"In contrast, if you go to the doctor and need pain pills for like a tooth extraction, would a doctor prescribe them for two years? I say a physician would not."
Elliott called the language in the bill 'very loose' and says a certified physician can prescribe medicinal marijuana. That would include a medical doctor, doctor of osteopath, dentist, optometrist, podiatrist, chiropractor and veterinarian.
Opponents of the bill say there is no requirement for these individuals to have attended medical school.
"The Food and Drug Administration (FDA) and the Drug Enforcement Administration (DEA) have not defined what marijuana can treat," the sheriff continued. "According to them, it's not of medicinal value. It's categorized as a Schedule I drug like methamphetamine, heroin and cocaine. A board certified physician will issue a license or prescription for someone to purchase it legally, but the language does not define what it can be used to treat."
Passage of SQ 788 means a license will be required to dispense marijuana, but Elliott said it is not regulated.
"There is no one monitoring for THC, the drug in marijuana and levels could be vastly different," he added.
Elliott also said passage of SQ 788 will eliminate employers from having the ability to be a drug free workplace.
"You (business owner) can't discriminate against someone because he tests positive if he has a medical marijuana license," he said. "What does an employer do when an employee comes in and says it's time to take my medicine and I need to smoke it? They'll go out to the parking lot, and this law will protect them."
Will passage of SQ 788 generate revenue for the State of Oklahoma? Elliott doesn't think so.
"Under this law, medical marijuana will have a 7 percent sales tax. The law is written where the sales tax is to cover the cost of administering the program, and the Department of Health will be tasked with that. Part of that is to pay for drug rehabilitation programs," he said. "Any of that money they don't use goes back to the state's general fund."
He said in other states where medical marijuana is legal, the sales tax on purchases of the drug is 15-20 percent.
"I will not weigh in on whether I agree or disagree with SQ 788," Elliott said. "Currently it (marijuana) is illegal and we will enforce that law. It's a morality issue, and one that the Wagoner County Sheriff's Office will not weigh in on.
"There is not enough definition to this law in my opinion," he added. "You can have X amount of marijuana plants in your house to grow, but they don't determine what size of plants."
In addition, Elliott said with the way the state question is written, municipalities cannot turn down a dispensary or enact ordinances that say an individual with a medical marijuana prescription cannot dose in public.
"How will we deal with people who are smoking marijuana openly during Fall Festival, SummerFest or the Peach Festival should this pass?" the sheriff asked.
"If you want socialized marijuana like the socialized alcohol we have in Oklahoma, you need to vote yes. That's what this is. If you think this is medical marijuana that's going to treat all these ailments, it's not. it's not regulated for medicinal purposes."
When asked if he believes marijuana can help someone with medical issues, Elliott said he does. He cited a particular case where a couple had success in controlling their daughter's seizures by moving to Colorado to get marijuana for medical treatment.
The sheriff said what he likes about the bill is it was brought together by Oklahomans who signed petitions to bring the issue in front of legislators to get it on the ballot legally.
"That is what this country is about. We have the power to change things, so I support this process," Elliott said. "I just want people to look at the bill they are running through there. Get the law and read it in order to make an informed decision at the polls.
"Will this mean pandemonium in Oklahoma? No. This bill will have to evolve," the sheriff assured. "The legislators I've talked to realize this bill is a problem and they are talking if the state of Oklahoma wants marijuana to be legal, they need to find a way to make it safe and regulated."
A complete draft of SQ 788, Initiative Petition No. 412, and the SQ 788 is Not Medical concerns can be found attached to this story at wagonercountyat.com.