Oklahoma to Consider Medical Marijuana

The State of Oklahoma currently has some of the most restrictive drug laws in the nation. In fact, if you cultivate even a single plant for personal use, you're subject to a felony conviction that comes with a sentence of up to life in prison.

Senator Constance Johnson (D-Holdenville) will introduce Senate Bill 573, the "Compassionate Use Act of 2011". If this were to pass, then the penalties for cultivation will not apply to a patient or a patient's primary caregiver if the patient has the approval of a physician. The relevant portion of the bill follows (all that's not posted is the effective date).

A new section of law to be codified in the Oklahoma Statutes as Section 2-800 of Title 63, unless there is created a duplication in numbering, reads as follows:

A. This act shall be known and may be cited as the "Compassionate Use Act of 2011".

B. Nothing in this section shall be construed to supersede laws or regulations prohibiting persons from engaging in conduct that endangers others, nor to condone the diversion of marijuana for nonmedical purposes. In addition, this section shall not affect any other rule or law that regulates:
1. Penalties for sales to minors;
2. Penalties for the possession of marijuana by minors;
3. Driving under the influence;
4. Workplace protections against accommodations for marijuana use; or
5. Health insurance or pharmacy policies.

C. Notwithstanding any other provision of law, no physician in this state shall be punished, or denied any right or privilege, for having recommended marijuana to a patient for medical purposes.

D. The provisions of Section 2-402 of Title 63 of the Oklahoma Statutes relating to the possession of marijuana and Section 2-509 of Title 63 of the Oklahoma Statutes relating to the cultivation of marijuana shall not apply to a patient, or to a patient’s primary caregiver, who possesses or cultivates marijuana for the personal medical purposes of the patient upon the written or oral recommendation or approval of a physician.

E. For the purposes of this section, "primary caregiver" means the individual designated by the person exempted under this section who has consistently assumed responsibility for the housing, health or safety of that person.

As you might expect, I don't think this bill goes far enough. Is it a step in the right direction? Yes. But I also believe that compromising with medical marijuana rather than decriminalization regardless of medical condition is a compromise that leads to a dead end. Yes, you have to get certain rights back that have been taken away over the years a step at a time, but I believe that decriminalizing marijuana only for medicinal purposes is like saying "if you'll move the fence back a hair, I'll agree to a more opaque fence.

So think about whether this is enough of a change for you. At the very least, marijuana will no longer be considered a useless drug in Oklahoma and will be available on prescription like cocaine and methamphetamine. I will be contacting my Senator and asking for his support with the understanding that I don't think the bill does enough. I urge you to do the same.