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Lawsuits filed against State of Oklahoma over medical marijuana rules

FILE - This Sept. 15, 2015 file photo shows marijuana plants a few weeks away from harvest in a medical marijuana cultivation center in Albion, Ill. A survey of U.S. cancer doctors released on Thursday, May 10, 2018, finds nearly half say they've recently recommended medical marijuana to patients, although most say they don't know enough about medicinal use. (AP Photo/Seth Perlman, File)

At least two lawsuits have been filed just days after Oklahoma's governor signed controversial emergency rules establishing the Oklahoma Medical Marijuana Authority.

Green the Vote, LLC announced Friday they have filed a lawsuit against the State of Oklahoma, Governor Mary Fallin, the Oklahoma State Department of Health and five members of the department of health. A separate lawsuit has also been filed in Cleveland County on behalf of several citizens against Oklahoma and the OSDH. The citizens either would qualify to receive medical marijuana or owns interest in a business that intends to be involved in the production, cultivation or retail of medical marijuana.


The suits come after the Oklahoma State Board of Health made two amendments to the emergency medical marijuana rules, making it illegal to dispense smokable products and requiring a pharmacist to be on site at dispensaries.

Green the Vote says that their suit does not seek an emergency injunction so they do not stop marijuana regulations going into effect.


"While we believe that the Amendments and many of the regulations are improper, cutting off the limited benefits, which will be available to the citizens of the State of Oklahoma would be a further miscarriage of justice." A press release from Green the Vote states.


The Cleveland County suit seeks a determination on whether or not the Oklahoma Board of Health failed to comply with the Administrative Procedures Act when adding amendments to the medical marijuana rules. The plaintiffs seek a temporary restraining order to prevent the state from enacting the rules.

On Thursday, leaders in the Oklahoma House and Senate stated they would be forming a bi-partisan committee to look over the medical marijuana rules while Oklahoma House Democrats continued a call for a special session to deal with the rules.

See the suit filed in Cleveland County below:


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