788 Survived The Supreme Court, But Just Barely

Ron Durbin

This should terrify every medical marijuana patient and business. You can thank the authors and people behind 806 and 807 for risking the entire medical marijuana program. As you know, they withdrew 806 and filed 807. Paul Tay challenged 807 on the basis of the Supremacy Clause arguing that since its federally illegal to possess medical marijuana, the state can’t consider a ballot petition that would be contrary to federal law. The Oklahoma Supreme Court is made up of 9 Justices. ​ In a VERY CLOSE VOTE, as outlined below, they ruled that the Supremacy Clause does not kill SQ807. Now, we all know that I think 807 is garbage and should be thrown in the trash. I’m just glad that the Oklahoma Supreme Court did not kill it on this issue. If they had, 788 WOULD BE DEAD!!!! These people are risking it all, for what I ask you? Nothing!!! ​ Please let’s ensure that they don’t get the signatures needed so we don’t have to challenge it further. Anyone running a petition on the issue of medical marijuana is risking 788 entirely. Vote went as follows: ¶44 Gurich, C.J., Kauger, Winchester, Edmondson and Combs, JJ., concur; ¶45 Darby, V.C.J., Kane (by separate writing) and Rowe (by separate writing), JJ., dissent; ¶46 Colbert, J., not participating.

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