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City of Bartlesville

Posted: Aug 14, 2018 12:38 PMUpdated: Aug 14, 2018 2:05 PM

Special Meeting Held for Marijuana and Alcohol Laws

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Garrett Giles

New Oklahoma weed and alcohol laws take center-stage in a special workshop meeting with the Bartlesville City Council Monday night. The meeting last night called early last week covered changes in regulations regarding the recent passage of the medical marijuana and alcohol laws in the state of Oklahoma.

Communtiy Development Director Lisa Beeman discussed the passing of state question 788 and the implications it has on the local level. She says that the city can constrict the location where people grow and use marijuana by law if marijuana has a drastic affect on public health safety and welfare while they may not prohibit the use of marijuana all together.

As for smoking itself, The City of Bartlesville has recommended that they ought to change Chapter 12 of their Municipal Code to restrict smoking within 50 feet of a play ground or play court, 50 feet of the fenced confines of any outdoor recreational facility, 50 feet of bleachers and stands used by spectators at public events, and on the Pathfinder Parkway Trail System and trailheads. People can smoke marijuana in the confines of their homes or within publically designated indoor and outdoor smoking areas.

It has also been recommened that the city should amend the code so that possessing drug paraphernalia remains illegal unless it is for medical use. This means they will continue to treat marijuana as a unifrom controlled dangerous substance through the Uniform Controlled Dangerous Substance Act in the State of Oklahoma.

State law states that no city may unduly change or restrict zoning laws to prevent the opening of a retail marijuana establishment. In her presentation, Beeman noted that commercial growers of marijuana are prohibited from growing within 200-feet of any residential area or within a thousand feet of public or private school entrances. 

Prohibited acts at the moment for licensed commercial establishments include: no consumption of alcohol or medical marijuana on premises, no employees under the age of 18, dispensary shall not provide delivery of products, no false advertising, and no advertising to induce minors to purchase or consume.

While there have been some regulations put in place by the state, Beeman says that cities have limited control when it comes to changing city ordinances because the cities still have to wait and see what will come out of the 2019 Oklahoma state legislative session.

The new Oklahoma alcohol laws begin Monday, October 1, 2018 at 6:00 a.m. It will do way with "low-point beer" and other non-intoxicating beverages as the sales of refrigerated full-strength beer (up to 8.99% alcohol by volume) and wine (up to 15% by ABV) in grocery stores, convenience stores, and similar retail stores become more common.

Liquor stores will be the only retailers permitted to sell spirits, but they will also be able to sell refrigerated beer and wine. They will also be the only retailer permitted to sell beer in excess of 8.99% ABV and wine in excess of 15% ABV.

Off-premises alcohol consumption locations, likely grocery stores and convenient stores, will be able to sell from 6:00 a.m. to 2:00 a.m. on any day. Liquor stores will be able to open at 8:00 a.m. and sell until midnight Monday through Saturday. Sunday's are still off limits for liquor stores unless changed by the County Commissioners with voter approval.

On-premises consumption areas (restaurants and bars) may sell alcohol between 8:00 a.m. and 2:00 a.m. on any day. The 300-foot buffer area already in place with Oklahoma's state law does not apply to restaurant that serve alcohol.

For both newly established marijuana and alcohol laws, the City of Bartlesville wants to redefine words such as smoking devices, smoke, smoking, tobacco product, and medical marijuana product while looking for new definitions for open container and public property; drinking, possession, and transportation on public property; drinking and possession on private property; and public intoxication.

No action was taken at Monday nights special City Council meeting, but City Council members have expressed that action will be taken that complies with Oklahoma law and the safety of Bartlesville residents. City Manager Mike Bailey says that more discussions about these new laws will be had at the next City Council meeting on Sept. 4.

The Bartlesville City Council encourages people with thoughts, questions, or concerns to talk to city officials so they can continue to plan what lies ahead.


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