“We have an agreement that we will repeal that language next session, and so I encourage the delay of implementation until the Legislature can convene and we can repeal that language,” Fetgatter said Thursday. He added that Paxton is also on board with the change.

All three lawmakers were members of the legislative Medical Marijuana Working Group that met last summer to draft language for implementation of State Question 788, which a majority of voters supported in the June 2018 election.

Durbin said in the lawsuit that the provision currently does not clearly make distinctions between business licenses and patient licenses despite other portions of SB 1030 that prioritize patient privacy. He argued that enforcement would brand patient cardholders with a “scarlet letter” in Oklahoma because it would increase the likelihood of “disparate treatment” during encounters such as traffic stops.

DPS spokeswoman Sarah Stewart has said the agency would be the “storehouse” for the data referenced in SB 1030 if the law were to be enforced as written.