The Oklahoma Board of Health voted Wednesday to repeal some of the regulations it passed three weeks ago and replace them with new ones, but an attorney suing the state said they just made the situation worse for marijuana businesses.

The new rules eliminated two last-minute amendments, which banned the sale of smokable marijuana and required dispensaries to hire pharmacists. Other changes included removing limits on the percentage of tetrahydrocannabinol, a psychoactive chemical, in medical marijuana; loosening requirements for the relationship between patients and doctors who recommend marijuana; and allowing dispensaries to set their own hours.

Ron Durbin, who is representing Green the Vote in a lawsuit against the Oklahoma State Department of Health, said the new regulations include several major problems, however. The rules regulate marijuana growers like restaurants, so a standard greenhouse would be an unacceptable structure, he said.

The Health Department staff also apparently made an error by incorporating some rules on food labeling, Durbin said. The existing food safety rules that the department incorporated make it illegal to claim that food contains illegal or dangerous substances – no claiming the cookies contain cocaine, for example – but the marijuana regulations require clear labeling of edibles that contain cannabis. Those two rules clearly conflict, he said.