Officials aren’t divulging a lot of details about an organized crime task force announced last week by Oklahoma Attorney General Gentner Drummond, but the few they have are faintly reminiscent of the Prohibition-era Untouchables.
“Illegal marijuana grows are responsible for an alarming influx of organized crime into our communities, particularly from Mexican drug cartels and Chinese crime syndicates” Drummond said in a press release announcing the task force. “I have made it a priority to wipe out these illicit operators, and this task force is a crucial component to driving out criminals and ensuring public safety.”
Reportedly, the task force consists of about a dozen agents drawn from a variety of backgrounds, including the military, the Drug Enforcement Agency and the FBI, as well as the legal profession.
Led by Eliot Ness, the Untouchables of the 1930s were a small squad of Prohibition agents that harassed Chicago bootlegging gangs and helped bring down mob boss Al Capone. A 1959-63 television series and 1987 movie were loosely based on the Untouchables’ exploits.
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According to the AG’s Office, the task force will work with the Oklahoma Bureau of Narcotics and Dangerous Drugs and the Oklahoma Medical Marijuana Authority to investigate and close down organized crime in the medical marijuana sector.
House Bill 2095, signed into law earlier this year, gave the OBNDD, Oklahoma State Bureau of Investigation and the AG’s Office broad powers to enforce the state’s medical marijuana laws. This includes authority to subpoena business documents, conduct unannounced on-site inspections, seize and destroy illegal products, and enter into agreements with other state agencies.
Oklahoma’s adoption of legalized medical marijuana in 2018 led to sharp rise in illegal associated activity, including human trafficking, as well as cannabis cultivation, processing and distribution.
Last week, the OMMA carried out a large-scale raid, closing five marijuana businesses in Kay County and confiscating thousands of pounds of illegal product with the aid of local law enforcement officers.
How the attorney general’s task force operations will differ is unclear, except that its focus will be on organized crime. Information about suspected illegal grow operations can be submitted to illegalgrow@oag.ok.gov.
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10 things that are still illegal under Oklahoma’s medical marijuana laws
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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