Attorney General Hunter Advises Health Board to Amend Rules on Medical Marijuana

OKLAHOMA CITY – Attorney General Mike Hunter today advised the State Board of Health to convene a special meeting to amend the rules it passed regulating medical marijuana.

Attorney General Hunter said his advice is faithful to and in accordance with the new law created when Oklahomans voted in favor of State Question 788.

“The current rules contain provisions that are inconsistent with the plain language of State Question 788 and the State Board of Health acted outside of its authority when it voted to implement them,” Attorney General Hunter said. “Although I didn’t support State Question 788, the people of the state have spoken and I have a legal duty to honor the decision made by the electorate. My advice today is made pursuant to that responsibility as attorney general.

“Moving forward, I encourage all stakeholders to engage with the legislative working group looking at medical marijuana to ensure they have their concerns and recommendations heard and addressed by the legislature.”

In a letter sent today to Health Department Interim Director Tom Bates, the attorney general writes, the board’s role in limiting the forms of marijuana products is confined to food and safety standards that are in line with food preparation guidelines, not prohibiting the sale of smokable, vapable, edible or other forms of marijuana.  

Attorney General Hunter also took issue with the board’s action to require dispensaries to hire a pharmacist, writing, “the board has not been given any express or implied statutory authority to impose additional requirements on licensees. Thus, the board rules improperly require every licensed dispensary to have “a current licensed pharmacist” present “on-site at least 40 hours per week.” Nothing in the text of State Question 788 expressly or impliedly authorizes this rule.”  

Other concerns outlined in the letter include:

• Restricting dispensaries to limited locations;
• Prohibiting dispensaries from co-locating with other businesses;
• Requiring medical marijuana be grown, processed and dispensed in enclosed structures;
• Requiring a surety bond for licensing;
• Setting hours of operation;
• Limiting the amount of THC in flower, leaf or concentrate for sale or distribution.

“I have no doubt that the board in good faith sought to regulate marijuana in a manner it believed would best promote the health and safety of Oklahomans,” the letter concludes. “However, in so doing, the board made policy judgments not authorized by statute. Such policy decisions are the exclusive prerogative of the legislature and the people.”

Read the full letter, here: https://bit.ly/2LvVQMO.

Sand Springs City and Chamber of Commerce partner to create small business incubator in downtown

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The Sand Springs Municipal Authority unanimously voted Monday evening to move forward with plans for a partnership with the Sand Springs Area Chamber of Commerce. 

The City of Sand Springs will lease the old Public Works facility at 109 North Garfield to the Chamber of Commerce at an amount of $1.00 per year, giving the Chamber room to develop a business incubator in the heart of downtown.

The Chamber will sublet office space to upstart businesses at a rate lower than most downtown office space. They will also provide resources to help young businesses get to a point of profitability that they can eventually move into the large amount of vacant downtown storefronts.

The terms of the agreement allow for either party to cancel the lease with a 90-day written notice for any reason. The City will receive 25% of the sublease revenue, while the Chamber will keep 75% to help with their economic development projects. The City will also receive a quarterly financial report and monthly update on the occupant businesses. 

The Chamber will take possession of the building in "as-is" condition and will be doing a self-funded remodel to convert the building for their purposes. 

Chamber President Kristin Cepak says it will take the Chamber about nine to twelve months to get the incubator program off the ground. The Chamber is working with The Forge, a curriculum-based certified business incubator in Tulsa, and 36 Degrees North, to create a fully certified program through the Oklahoma Department of Commerce.

In Other News:

Council authorized City staff to apply for Programming of Tulsa Urbanized Area Transportation Alternative Funds. The City is working to construct a sidewalk along the western side of 81st West Avenue from Tenth Street to Park Road. 

Council unanimously passed Ordinance 1321 amending City zoning codes for the potential passage of State Question 788. Should medical or recreational marijuana ever be legalized in the State of Oklahoma, growers, processors, and retailers would have to apply for Specific Use Permits. 

Council unanimously passed Ordinance 1322, aligning the City with State statutes regarding underage access to tobacco. The ordinance prohibits possession or sale of vapor products to youth under age 18.

City Council approved a $165,096.00 contract renewal with Superion LLC for financial software. 

Council approved a $31,636.80 purchase order to upgrade all City employees to Microsoft Office 2016.

Council approved the purchase of 49 Dell PCs for Police, Fire, and Municipal Court departments in the amount of $37,240.

Council approved supplemental appropriations totaling $1,047,000.00 from the Municipal Authority Water Utility Fund to prefund building, golf course, museum, and park improvements. The water fund will be reimbursed when certain voter-approved bond packages are sold. 

Council approved a $29,662.27 service agreement with Motorola Solutions to upgrade Police Department communications systems.

Council approved $107,397.00 for the purchase of three 2018 Ford Police Interceptor SUV units and one 2019 Ford Taurus unmarked detective units.

Council approved a Memorandum of Understanding and $3,214.75 payment to the Indian Nations Council on Government for 9-1-1 mapping and MSAG services. 

Council approved $261,708.00 to subsidize EMSA services for the city. 

Council approved $47,485.00 to furnish the Billie A. Hall Public Safety Center and Fire Station No. 2. 

Council accepted a $29,635 bid from Candle Electric for electrical work in Case Community Park. Candle will work to replace buried electrical wiring feeding the roadway lights. They returned the lowest bid out of three companies.

Council approved a final payment of $6,860.00 to Lambert Construction for their work in building a hardened storm shelter at Case Community Center.

Council approved an agreement renewal with the Metropolitan Environmental Trust (M.e.t.) in the amount of $33,132.00 for operating the Sand Springs Recycling Program. 

Council unanimously appointed Merle Parsons to the Board of Adjustment.

Council unanimously appointed Sharon Weaver to the Sand Springs Development Authority.

Council unanimously appointed Thomas Askew and Paul Shindel to the Planning Commission. 

Council declared three residential lots as surplus, authorizing sale for residential development. The lots, located at 301 N Franklin Ave, 307 N Franklin Ave, and 505 W Broadway St, were donated in lieu of payment of liens.

Council approved $394,908.00 for the purpose of replacing Precision Approach Path Indicators and constructing a new Electrical Vault at Pogue Airport. 

Sand Springs City Councilman Brian Jackson running for House District 66

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Sand Springs City Councilman Brian Jackson is throwing his hat in the ring for the House District 66 election. The Republican candidate is a thrice-elected councilman and has been awarded an apple by the Oklahoma Parents and Educators for Public Education political action group. 

Education is the cornerstone of Jackson's campaign, an issue which he says is "the purest form of economic development." He points to proper education funding as a solution to fixing both the State economy as well as overcrowded prisons. 

"From the womb to the classroom, that's how I describe my philosophy," says Jackson. "Education gives you options...Incarceration breaks up families, continues the cycle of poverty, and creates a reliance on government."

He says the teacher pay raise included in House Bill 1023xx is just a start and that school funding and salaries need to continue to go up. He is opposed to forced consolidation of school districts.

"I'm a Republican that's not afraid to reinvest in our Oklahoma," says Jackson. "We do that by these taxes. You've done tax breaks here and there with businesses and income tax."

Jackson praises the revenue package passed with House Bill 1010xx and says that he would go a step further by raising gross production tax to 7% on new oil wells. The GPT was raised from 2% to 5% during the latest session. He also wants to look at raising income tax and ending the capital gains tax deduction. 

Jackson is a Charles Page High School graduate from the Class of 2002. His wife, Barbie, is a fifteen year veteran teacher in the Sand Springs Public School District. The two have a daughter, Bella, in the second grade.  He earned his Associate's Degree through the Tulsa Community College West Campus in Sand Springs and a Bachelor's Degree in Business Administration from Oklahoma State University in Tulsa. He has spent the last ten years as Development Manager for Junior Achievement of Oklahoma and has spent nine years on the Sand Springs City Council. 

One of the most important things Jackson wants voters to know is that he plans to be an "open-door legislator." In fact, he plans to remove his office door altogether so that constituents can always access him. 

Jackson plans to vote "Yes" on State Question 788, legalizing medical marijuana. "If there is something out there like marijuana that can change someone's life - I'm for that. I don't want to be hindering anyone. I think it's a moral issue if you're standing in the way of something that could be beneficial."

Regarding tax incentives, Jackson says they're "the nature of the game nowadays." He points to the City of Sand Springs's recruitment of Reasor's and Wal-Mart as evidence of the success of tax incentives. "You have to do your research to make sure on each individual case, if it makes business sense. We really need to evaluate each one to make sure it's providing fruit."

Jackson is hesitant to raise the minimum wage saying that the current rate provides an individual incentive for employees. "You show your employer that you've got drive and skill and passion for that job, you're not going to stay at the minimum. When the government starts intervening in that, that goes directly to the consumer."

Jackson would have voted "No" for the Constitutional Carry bill that was passed by the legislature and vetoed by Governor Mary Fallin. He says that Oklahomans already have the ability to get an open or concealed carry license, and that removing the screening process would create a "Wild West scenario" that could escalate potentially dangerous situations.

He opposes Senate Bill 1140 which allowed for religious adoption agencies to refuse to work with LGBTQ couples. "I'm a person that believes not to discriminate against people. That bill discriminates. We have thousands of children in Oklahoma that are waiting for a loving family."

Jackson previously ran for a House seat in 2006 and for Senate District 37 in 2016 and 2017. Should he win the primary and November general election, he would have to surrender his City Council seat. Jackson just began a three-year term in May of 2018 and the City of Sand Springs would have to have a special election to replace him. 

The Republican Primary will be held on Tuesday, June 26th. Jackson will face incumbent Jadine Nollan and Emily Delozier. If no candidate receives at least 50% of the votes, then the top two candidates will advance to a runoff election on August 28th. The winner will face the Democratic nominee on November 6th.