Sunday, July 22, 2018

What Are They Smoking


 What are they Smoking?

You really couldn't make this sort of thing up if you were writing a book, it is too incredible. Something as simple as a state question, legal language that was precise enough to pass muster gets jumbled up at the embattled State Health Department to the point that people lose confidence in the government and whether their vote matters or not.

The so called "medical" marijuana state question was anything but, it was a back door for people to get high legally. From a conservative or libertarian view they ought to be able to get high but the devils in the details. From employers having to worry and wonder about workers that are using weed to gun rights for those addicted to the weed, to controlling the weed produced and make sure it doesn't wind up in the hands of kids or sold to the cartels. The authors of the state question claimed they left things a bit unorganized and vague so the legislators could tweak things, in an effort to knock down opposition to the measure passing.

But with the legislature out of session the job was tossed to the State Department of Health, yeah, that disastrous mess that recently mislaid thirty million dollars, screamed for more emergency cash, laid off 200 workers, then found the money they had mislaid. There a woman named Julia Ezell, an attorney that had been recommended by Preston Doerflinger, one of Fallin's pretty boys, who himself had to resign after past domestic abuse charges surfaced.

Ezell managed to get herself in trouble by sending herself death threats via email, turning them into authorities in an effort to gain sympathy of some sort, then getting caught after OSBI looked at her phone to determine where the emails came from. It it turned out that her own cell phone had logged into that email account to send the death threat emails. Ezell claimed that it was pro medical marijuana advocates that were sending the emails.

Her lawyer made a howler of a statement; ""These charges do not reflect who she is as a person, nor do they reflect the type of advocate she has been for the people of the state of Oklahoma. These allegations will be answered, and additional relevant information will be provided by us at the appropriate time."

Not sure that anything would reflect more on a person than getting caught making false threats to themselves. Ezell was general counsel for the Health Department and was asked to draft the temporary rules. She was facing some pressure to ban smokeable weed and add a clause that had every dispensary employing a pharmacist, increasing the costs of doing business and throwing the business to those with deep pockets, providing a huge barrier of entry to keep competition away. Ezell claimed she said both were beyond the legal authority of the board.

Then the faked death threat emails came to light along with Ezell's sending them so Ezell resigned the previous Friday. The A.G. Stepped in and advised the Health Department board to try again after striking the previous rules invalid because the rules were inconsistent with the plain language of the state question. Tom Bates, the state health commissioner isn't pleased as he believes that allowing weed to be smoked is a step back for public health.

Aside from the fact that a state agency pretty much subverted the will of the voters, the situation is kind of funny. The measure was sold as medical marijuana so complaining about weed being treated the same as other medical drugs is kind of hollow. Yes, we require medical drugs to be issued by pharmacists and tested and we aren't smoking any that I am aware of. But it turns out that corruption and bribery were a central part of these rules just like both are always present in nearly all government operations.

As part of the investigation into Ezell's death threats her phone was seized and inspected, exposing her text messages to and from the head of the State Pharmacy Board who was offering Ezell a job in exchange for favorable rulings on forcing dispensaries to employ pharmacists. Director Chelsea Church was offering Ezell a job and a hefty pay raise if she would put the pharmacist requirement into the new rules. The online news website Non Doc had gotten hold of copies of the text messages and published them:

Church: "You get me a pharmacist in dispensary and then come to our office. I guarantee I can do more than u (sic) have now."

The messages started on July 7th with Church referencing an earlier discussion between the two women over including pharmacists in the new rules. Ezell replied that she would get back to Church on that point, then both woman belittled the Pharmacy Board's Assistant Attorney General, leading Ezell to comment: "Maybe I will bail on OSDH and come work for you," to which Church replied, "Please!!!!". The women then discussed government issued cell phones and personal cell phones, no doubt worried about leaving a trail.

Church: "If this settles down, I would honestly love to talk to You (sic) about [the Oklahoma State Board of Pharmacy]," "would b (sic) a great fit." "U tell me what it would take for u to jump and we need to talk!!!! (sic)"

Ezell replied that she was thinking of leaving the health department but that she might be too expensive for the pharmacy board's budget.


Church:"I have a nice budget. We need to chat, I really mean it!!" Ezell replied that she was up for talking but couldn't guarantee the rule change if she didn't think it could be done legally.

Now anyone that doesn't understand that this is pretty much business as usual is naive but usually the parties involved cover their tracks a bit. This one was fun because Ezell caused her own downfall and will likely take Church along with her to a prison cell. Not that they will wind up there, as in all of these cases of public corruption they will know where the bodies are buried and that will keep them out of prison.