THE OKLAHOMA BAR JOURNAL 24 | APRIL 2025 Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff. SINCE THE PASSAGE OF STATE QUESTION 788, which legalized medical cannabis, Oklahoma’s cannabis industry has exploded. Oklahoma is currently home to 1,811 dispensaries and 3,029 grow facilities.1 It has the most cannabis dispensaries per capita of any state: 36 dispensaries for every 100,000 residents.2 When State Question 788 was passed in 2018, there was a lack of comprehensive regulatory framework and government resources to manage the cannabis boom. Medical cannabis quickly became a billion-dollar industry in the state, second only to oil and natural gas. Now, after thousands of licenses for dispensaries and grow facilities have been issued, the Oklahoma Medical Marijuana Authority is struggling to manage and keep up with the industry. OMMA enforces cannabis regulations through its administrative rules and procedures found in Title 442 of the Oklahoma Administrative Code. The rules govern licensure and disciplinary proceedings before OMMA, which are conducted by administrative law judges from the Oklahoma attorney general’s office. The rules have constantly been in flux since OMMA became an independent state agency in 2022.3 In fact, OMMA has operated under five distinct sets of successive rules in the last year alone. This article examines the potential due process implications of recent rules and actions by OMMA. While OMMA is tasked with the important and difficult job of managing the cannabis industry, its regulations and enforcement actions are required to uphold the fundamental constitutional due process rights of Oklahoma citizens. DUE PROCESS “No person shall be deprived of life, liberty, or property, without due process of law.” (Okla. Const. Art. 2, §7). Procedural due process is a cornerstone of American constitutional law.4 The words “life, liberty, or property, without due process of law” appear twice in the United States Constitution, in the Fifth and 14th amendments, evidencing their importance. Oklahoma’s own due process clause is even more protective than its federal counterpart.5 “Due process” may sound like an esoteric platitude, largely irrelevant, even to lawyers. It also doesn’t help that due process is more of a concept, rather than a clear legal standard. However, it is imperative for preserving basic constitutional liberties from governmental encroachment in all areas of life. Due process requires that, before the government can deprive a citizen of their rights, the government must provide “adequate notice and a realistic opportunity to appear at a hearing in a meaningful time and in a meaningful Constitutional Law Procedural Due Process and the Oklahoma Medical Marijuana Authority By Nada N. Higuera
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