Steve Lewis served as Speaker of the Oklahoma House of Representatives from 1989-1991. He currently practices law in Tulsa and represents clients at the Capitol.
In my opinion, the State Board of Health stubbed its toe last week with last minute changes to its published, proposed rules implementing the medical marijuana proposal just passed by vote of the people. The Oklahoma State Pharmaceutical Association along with the Oklahoma State Medical Association and the Oklahoma Hospital Association seemed to be at the forefront of the effort to get the Board of Health to amend its proposed rules.
The proponents of medical marijuana brought some of this on themselves by providing that the law would take effect only 30 days from the time of passage by the people. Laws passed by the legislature can only take effect 90 days after adjournment of the legislature unless an emergency clause is attached, which requires a 2/3 vote of both the House and Senate. This provision in the constitution gives the executive branch time to prepare for implementing the new law. But the State Health Department, knowing it had only 30 days, did a good job, up to the time its board met, of anticipating the need for the rules and preparing and publishing proposed rules.
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