Kevin Paul Pham, a medical marijuana bookkeeper in Oklahoma, is challenging the fairness of his license revocation case, arguing that the process is biased due to the involvement of the same agency that brought criminal charges against him. Pham has requested that the state's Supreme Court remove the administrative law judge (ALJ) currently overseeing his case at the Oklahoma Medical Marijuana Authority (OMMA). The ALJ in question, Joe Dewey, is an attorney employed by the state's attorney general’s office.
OG Article: here
View our Fair Use Policy: here
Watch the Live Show HERE
Watch the Commentary Here
Unlike district court judges, administrative law judges are typically hired by government agencies to handle internal bureaucratic issues, such as license revocations. In this case, all ALJs serving the OMMA are appointed through the attorney general's office, which has raised concerns for Pham. He contends that this arrangement creates a conflict of interest, as the same office prosecuting him criminally is also supplying the judge deciding his administrative case.
Pham faces multiple charges, including accusations of using "straw owners" to fraudulently obtain licenses for medical marijuana grow operations across Oklahoma. Prosecutors allege that Pham, either as part owner or the contact person for 63 known marijuana farms, facilitated illegal operations, including one farm near Hennessey where four workers were murdered. The suspect in that case, Wu Chen, was sentenced to life in prison in February.
Pham’s legal troubles began in December 2023 when the attorney general’s office presented evidence to the Multicounty Grand Jury, leading to his indictment. In August, OMMA issued an emergency order to revoke the license of DM Brothers, a marijuana business owned by Pham. Pham's efforts to have Judge Dewey replaced were rejected by both OMMA and Dewey himself last month.
In his court filing, Pham’s attorney claims that having an ALJ from the attorney general's office oversee his case compromises the judicial process and violates both the Oklahoma judicial code of conduct and constitutional protections. The filing suggests that the use of ALJs from the attorney general's office almost guarantees a favorable outcome for both OMMA and the attorney general in such cases, characterizing them as "straw attorneys" used to support the agencies' goals.
The Oklahoma Medical Marijuana Authority has declined to comment on the case, citing their policy against discussing ongoing legal matters. However, Phil Bacharach, a spokesperson for Attorney General Gentner Drummond, dismissed Pham’s legal arguments as "frivolous."
Comments