marijuana smoking lounge
Fellow Attorneys:
Eufaula has had two persons inquiring about opening a smoking lounge for marijuana use. Do any of you have suggestions?
All advice would be appreciated.
Thank you,
Kay Wall918.689.7737 office
Kay – we had this request initially when MMA first passed. We interpreted that it was illegal to smoke in public at that time and nothing came of the inquiry. I haven’t kept a close eye on the MMA legislation to know if there have been any “hooka lounge” exceptions added to the MMA legislation. If it is allowed now, it would certainly need some specific zoning requirements.
Lou Ann Moudy
From: Kay Robbins Wall [mailto:lkrw@sbcglobal.net]
Sent: Thursday, April 14, 2022 11:30 AM
To: OAMA Luistserv
Subject: [Oama] marijuana smoking lounge
Fellow Attorneys:
Eufaula has had two persons inquiring about opening a smoking lounge for marijuana use. Do any of you have suggestions?
All advice would be appreciated.
Thank you,
Kay Wall
918.689.7737 office
Smoking is not permitted on dispensary premises, and a lounge use certainly does not resemble any other state Med. Mari. License that I’m aware of. The way Med. Mari. was legalized in Oklahoma, it appeared to me to be a defined exception to the generally illegality of marijuana (i.e. “Marijuana is illegal in Oklahoma unless its Medical Marijuana as that is allowed by state law.”) So I’ve had my own questions about whether a Med. Mari business without a state-defined licensure category can even be a legal business. And on top of that are the zoning, and likely licensure, questions.
I’m a bit rusty on the latest rounds of rules, but I’m not sure we’ve had any answer from the state/OMMA on those questions yet.
Beth Muckala
Assistant City Attorney
From: Lou Ann Moudy louann@moudylaw.com
Sent: Thursday, April 14, 2022 2:57 PM
To: Kay Robbins Wall lkrw@sbcglobal.net; OAMA Luistserv oama@lists.imla.org
Subject: EXTERNAL EMAIL : [Oama] Re: marijuana smoking lounge
Kay – we had this request initially when MMA first passed. We interpreted that it was illegal to smoke in public at that time and nothing came of the inquiry. I haven’t kept a close eye on the MMA legislation to know if there have been any “hooka lounge” exceptions added to the MMA legislation. If it is allowed now, it would certainly need some specific zoning requirements.
Lou Ann Moudy
From: Kay Robbins Wall [mailto:lkrw@sbcglobal.net]
Sent: Thursday, April 14, 2022 11:30 AM
To: OAMA Luistserv
Subject: [Oama] marijuana smoking lounge
Fellow Attorneys:
Eufaula has had two persons inquiring about opening a smoking lounge for marijuana use. Do any of you have suggestions?
All advice would be appreciated.
Thank you,
Kay Wall
918.689.7737 office
Attached is an ordinance prohibiting smoking marijuana in public places except for
1. An adult business as defined in Section 10-410 of this code.
2. A Stand-alone bar, stand-alone tavern or cigar bar.
3. A Smoking Salon.
Look at definition for smoking salon.
Ray
From: Kay Robbins Wall
Sent: Thursday, April 14, 2022 11:30 AM
To: OAMA Luistserv
Subject: [Oama] marijuana smoking lounge
Fellow Attorneys:
Eufaula has had two persons inquiring about opening a smoking lounge for marijuana use. Do any of you have suggestions?
All advice would be appreciated.
Thank you,
Kay Wall
918.689.7737 office
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
See 63 O.S. 427.8(L):
All smokable, vaporized, vapable and e-cigarette medical marijuana product
inhaled through vaporization or smoked by a medical marijuana licensee are
subject to the same restrictions for tobacco under Section 1-1521 of Title
63 of the Oklahoma Statutes, commonly referred to as the “Smoking in Public
Places and Indoor Workplaces Act”.
See 63 O.S. 1-1523 which now expressly references marijuana smoking /
vaping in public places. What's interesting is that they amended sub-A
(general prohibition) to add marijuana to the list of what can't be
smoked/vaped in public but they only added it in on the exception provision
in sub-H to specific items (sub-H 8, 10 and 11). Sub-H(1) allows smoking in
stand alone bars, taverns and cigar bars, but as worded it would not
include marijuana ("he Smoking in Public Places and Indoor Workplaces Act
shall not prohibit tobacco smoking in: 1. Stand-alone bars, stand-alone
taverns or cigar bars;".
Take a look at 63 O.S. 1-1525 which imposes obligations on local
governments regarding posting of signage.
More importantly, remember that the Legislature went the route of field
preemption on smoking tobacco, which would now include marijuana, in 63
O.S. 1-1527.
On Thu, Apr 14, 2022 at 3:16 PM rayvincent@coxinet.net wrote:
Attached is an ordinance prohibiting smoking marijuana in public places
except for
1. An adult business as defined in Section 10-410 of this code.
2. A Stand-alone bar, stand-alone tavern or cigar bar.
3. A Smoking Salon.
Look at definition for smoking salon.
Ray
From: Kay Robbins Wall
Sent: Thursday, April 14, 2022 11:30 AM
To: OAMA Luistserv
Subject: [Oama] marijuana smoking lounge
Fellow Attorneys:
Eufaula has had two persons inquiring about opening a smoking lounge for
marijuana use. Do any of you have suggestions?
All advice would be appreciated.
Thank you,
Kay Wall
918.689.7737 office
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
--
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org