Under Oklahoma medical marijuana laws, no dispensary may sell untested cannabis products to patients.
A laboratory that operated in Tulsa will not pay fines over allegations it falsified cannabis test results after the business surrendered its license during an investigation by the Oklahoma Medical Marijuana Authority.
The OMMA announced in August its desire to revoke the operating license for F.A.S.T. Laboratories of Oklahoma City after a tip led to the discovery that owner-operator Kyle Felling of Arkansas falsified test results dozens of times. The acronym stands for “Felling Analytical Services and Technology.”
But in a surrender form signed Sept. 23, the reason for relinquishing F.A.S.T. Labs’ license was listed as “Disputes among members of closely held management company made continued operations undesirable.” OMMA spokesperson Terri Watkins said the surrender “eliminates any fines they could potentially have faced” over alleged misconduct, but she did not elaborate.
It was not clear how far the OMMA was in its investigation before it received the surrender form.
The Tulsa World was denied an interview with Lee Rhoades, who oversees laboratory compliance for OMMA, due to “pending legal issues” associated with the situation.
Arkansas resident Keri Alvis filed a wrongful termination lawsuit against Felling in Faulkner County, Arkansas, in late August, records show. The complaint states Alvis “played a crucial role in exposing Defendants’ illegal activities to law enforcement authorities” including the OMMA.
Records show the OMMA received a tip in mid-June alleging Felling had altered test results and authorized certificates of analyses about product quality even though he typically worked in Arkansas and did not have direct contact with samples.
An administrative filing from OMMA in August stated at least some of the products F.A.S.T. Laboratories tested had unsafe levels of lead, mold and bacteria but were given favorable test results.
Additionally, OMMA pointed out Felling marketed himself publicly as the owner despite not being an Oklahoma resident, nor was he listed on the facility’s license application or surrender forms.
Felling told the World previously he was cooperating with OMMA during its investigation, but he has declined further comment. The Tulsa and Oklahoma City locations have since closed, but the Greenbrier, Arkansas, office remains open.
The surrender form states any medical cannabis still in the possession of F.A.S.T. Labs must be either liquidated or disposed of within 30 days in accordance with the OMMA’s administrative rules, or within about two weeks.
F.A.S.T. Labs’ website no longer mentions Oklahoma as of Tuesday evening and instead offers an “Arkansas Compliance Package” of tests for $300 with the words “This test includes all of the required analysis by the Arkansas Department of Health.”
A since-deleted post on F.A.S.T. Laboratories’ Facebook page on Aug. 10 had requested Oklahoma-based clients to ship hemp and CBD samples to Arkansas for testing.
Cannabis in Oklahoma is required to be tested for cannabinoid content (including THC potency), terpene profile and the presence of pesticides, heavy metals or other contaminants. As of July 2020, no dispensary may sell untested cannabis.
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Gallery: 10 things that are still illegal for Oklahoma’s medical marijuana patients
Can’t get a prescription for marijuana
Marijuana is listed as a schedule 1 controlled substance in federal law, so it cannot be prescribed, only “recommended.”
A Ninth Circuit Court ruling ensures protection for doctors who issue recommendations to patients who may benefit from cannabis-based treatments, but federal law precludes doctors from “aiding and abetting” patients obtaining marijuana. This means doctors and patients cannot discuss dosages, strains or specific cannabis products for treating a specific ailment. Doctors instead fill out a form indicating they have discussed the risks of marijuana use with the patient and feel the benefits are worth the treatment.
Some patients who see physicians for pain and are treated with opioids also may not be able to do so and use medical marijuana as a licensed patient.
Can’t use marijuana in the workplace or be impaired on the job
State Question 788 says only that an employer may not discriminate against an employee simply because of their status as a medical marijuana patient. This means that simply having a license cannot be grounds for termination or discipline. That employer can still, however, write and enforce rules that restrict the use of marijuana by employees just like any other controlled substance. No patients would be protected if they come to work high, use marijuana in the workplace or attempt to do their job while impaired.
Can’t transport marijuana across state lines
Patients who obtain medical marijuana cards in other states may purchase from dispensaries there, but the products may not be brought back to Oklahoma. Nor could a patient travel to a state with a recreational marijuana law and bring any legally obtained products back to Oklahoma. Those patients who plan to cultivate marijuana at their own homes would also not be permitted to obtain seeds from another state.
Can’t get a doctor’s recommendation inside a dispensary
A change to the law made it illegal to post a physician inside a medical marijuana dispensary, as this one did, for customers to sign up as patients inside the retail business operation.
Can’t try the product while shopping
The use of any cannabis product is prohibited inside a licensed medical marijuana business, so patients should not expect samples like what some CBD shops have been able to offer.
Can’t smoke marijuana where tobacco also prohibited
The law makes cannabis like tobacco when it comes to public consumption by falling under the Smoking in Public Places and Indoor Workplaces Act.
Can’t give marijuana away
Nothing in the law allows for patients to transfer ownership of marijuana. Patients cannot donate or sell marijuana, even to other patients. Licensed patients may cultivate marijuana on their own residential property or, with written permission, on rented property. They cannot grow outdoors unless the plants are surrounded by a locked 6-foot fence. If the yield of the plants at harvest surpasses the legal amount that may be in a patient’s possession, the marijuana must be either processed or destroyed. Patients may process their own marijuana for concentrates or edibles but would not be permitted to perform extractions using butane.
Can’t drive while impaired on marijuana
Although it is legal for patients to have a certain amount of marijuana on their person, if that patient is behind the wheel, a law enforcement officer will evaluate whether the person is at all impaired. Driving while under the influence remains illegal even for medical marijuana patients.
Can’t possess an excessive amount of marijuana
A patient remains within the legal guidelines if they possess no more than 3 ounces of marijuana on their person and 8 ounces at their residence, 1 ounce of concentrated marijuana, and 72 ounces of edible marijuana. If caught exceeding those limitations, a patient would lose their license and could face criminal charges including intent to distribute or trafficking.
Can’t smoke where you’re told not to
Renters have no legal right to smoke medical marijuana, even with a patient card, if the landlord/owner issues rules for residents that prohibit smoking.
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