The Oklahoma Medical Marijuana Authority (OMMA) will have greater police power under a new law signed by Gov. Kevin Stitt, said Tulsa medical marijuana attorney Stephen Cale.
The governor signed SB 1543 on May 11. The measure separates the OMMA from the State Health Department. But, tucked inside the 78-page bill is language expanding OMMA’s police power. The law will go into effect November 1, 2022.
NEW POLICE POWERS OF THE OMMA
In addition to the investigative powers that it already has, OMMA investigators will be able to:
- Investigate any criminal law violations discovered through an investigation of actual or suspected violations of medical marijuana laws or regulations.
- Seize any marijuana or marijuana product illegally held.
- Refer any evidence, reports, or charges concerning violations of the Oklahoma Medical Marijuana and Patient Protection Act, or any other criminal law, to prosecutors.
- Aid state, county, municipal, or federal law enforcement authorities in the prosecution of Oklahoma Medical Marijuana and Patient Protection Act violations. That aid may also extend to any other state laws involving crimes discovered during an investigation of violations or suspected violations of the Oklahoma Medical Marijuana and Patient Protection Act or other laws and regulations pertaining to medical marijuana.
- Arrest a violator or suspected violator of any laws of this state committed in the presence of the investigator or upon probable cause that such crime has been committed.
Under the new law, OMMA investigators must meet all training requirements and qualifications of other peace officers, said Tulsa medical marijuana attorney Stephen Cale
SEPARATING OMMA FROM STATE HEALTH DEPARTMENT
Also starting November 1, 2022, the Oklahoma Medical Marijuana Authority will no longer be a part of the State Department of Health, Tulsa medical marijuana attorney Stephen Cale said.
The change does not affect the rights of business, patient, or caregiver licensees.
Under the new law, administrative regulations issued by the State Department of Health will be immediately adopted by the OMMA.
The new law provides that the governor shall appoint the executive director of OMMA.
WORKING WITH THE CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of medical marijuana law and criminal defense. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.
We have helped numerous people set up marijuana businesses and acquire their OMMA dispensary, processor, and grower medical marijuana licenses. If you want a medical marijuana business license, marijuana compliance auditing, or need legal representation in the Oklahoma medical marijuana industry, call the Cale Law Office at 918-771-7314. Or, contact us through the web. Your initial consultation is free.
Tulsa, Oklahoma, medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He also serves on the board of Green Country NORML, a Tulsa chapter of NORML
He also serves as a board member for, and is on the Standard Operating Procedures steering committee for, OK4U Approved, a medical marijuana patient union and trade organization.