For or Against?

Oklahoma voters will head to the polls on Tuesday, March 7, to decide on the fate of State Question 820, the legalization of recreational cannabis (marijuana) in the state.

There have been proponents and opponents to the issue.

For those in favor, they say the passage of SQ 820 would result in $821 million in additional revenue for the state over five years.

On the other hand, many opponents, including law enforcement such as the Oklahoma Sheriffs’ Association, oppose the measure, stating that not only would this result in more black market and illegal marijuana operations, but also see an increase of underage use.

The following information was provided by the Oklahoma Policy Institute.

The Gist

State Question 820 would legalize adult-use recreational marijuana in Oklahoma. Adults over the age of 21-years-old would be able to purchase marijuana products for recreational use from licensed sellers. SQ 820 would allow individuals to possess up to eight ounces of marijuana, six mature marijuana plants, and six seedling plants. The state question also creates a licensing process for recreational marijuana dispensaries, commercial growers, processors, and transporters, and it directs the state to create rules for the preparation and labeling of marijuana products within 90 days after becoming law. The state would impose a 15% excise tax on each sale, with surplus revenue going to student services, drug addiction treatment programs, courts, local government, and the state General Revenue Fund.

Background Information

In 2018, Oklahoma voters approved SQ 788, which legalized the sale and use of medical marijuana in the state. However, recreational use of marijuana remains illegal in Oklahoma. Recreational marijuana is permitted for adult use in 21 states, including Missouri, Colorado and New Mexico – but still prohibited federally. In states with legal marijuana, the revenue from taxing sales is a significant source of funds for state programs. If SQ820 passes, it’s estimated to generate more than $400 million in tax revenue in the first five years following legalization.

SQ 820 also requires “resentencing, reversing, modifying and expunging” past marijuana-related criminal records and convictions. An estimated 60,000 Oklahomans have a current marijuana-related criminal record, and laws have been disproportionately enforced against Oklahomans of color. Black men in Oklahoma are nearly five times as likely to be arrested for marijuana possession, and nearly 10 times as likely to be arrested for marijuana sales and manufacturing, as white men.

Ballot Language

This measure creates a state law legalizing recreational use marijuana for persons 21 or older. Marijuana use and possession remain crimes under federal law. The export of marijuana from Oklahoma is prohibited. The law will have a fiscal impact on the State. The Oklahoma Tax Commission will collect a 15% excise tax on recreational use sales, above applicable sales taxes. Excise tax revenues will fund implementation of the law, with any surplus revenues going to public school programs to address substance abuse and improve student retention (30%), the General Revenue Fund (30%), drug addiction treatment programs (20%), courts (10%), and local governments (10%). The law limits certain marijuana- related conduct and establishes quantity limits, safety standards, restrictions, and penalties for violations. A local government may prohibit or restrict recreational marijuana use on the property of the local government and regulate the time, place, and manner of the operation of marijuana businesses within its boundaries. However, a local government may not limit the number of or completely prohibit, such businesses. Persons who occupy, own, or control private property may prohibit or regulate marijuana-related conduct, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marijuana by means other than smoking. The law does not affect an employer’s ability to restrict employee marijuana use. For the first two years, marijuana business licenses are available only to existing licensees in operation one year or more. The law does not affect the rights of medical marijuana patients or licensees. The law requires resentencing, reversing, modifying, and expunging certain prior marijuana-related judgments and sentences unless the State proves an unreasonable risk to a person. The Oklahoma Medical Marijuana Authority is authorized to administer and enforce the law. Shall the proposal be approved?

For the proposal – YES; Against the proposal – NO.

Supporters Say…

• Allowing adult-use recreational marijuana would help address a significant cause of racial imbalance in our state’s criminal justice system, in which a disproportionate number of Black Oklahomans have been charged with marijuana-related offenses when compared to white residents.

• The sales from adult-use recreational marijuana will generate hundreds of millions of dollars in tax revenue to fund substance abuse prevention education, mental health services, and other vital community programs across Oklahoma.

• SQ 820 would permit resentencing, reversal, modification and expungement for prior marijuana-related criminal records, removing barriers to housing, employment, and education.

• Adults should be able to use medical marijuana as a matter of individual freedom. The potential for abuse of marijuana is low compared to alcohol, opioids, and many other prescription drugs.

Opponents Say…

• Marijuana is still illegal at the federal level and in 29 states, creating a patchwork system of laws. Oklahoma should wait to legalize recreational marijuana until the federal government changes the law.

• Legalizing recreational marijuana might encourage greater abuse of the substance.

• Citing the need for more comprehensive research, the American Medical Association opposes legalization of marijuana for recreational use.

• Legalization of medical marijuana encouraged criminal enterprises to come to the state to participate in blackmarket marijuana operations. Loosening the state’s marijuana laws further would make those problems worse.

Do your homework: The sample ballot doesn’t begin to describe all the areas of SQ820. Read the entire text at https://www.sos.ok.gov/ gov/questions.aspx.

Vote on March 7

• Go to https://okvoterportal.okelections.us to see a sample ballot and find your polling place.

• Inform your friends and family about the need to get out and vote.

Here is a Summary of Key Sections of State Question 820

Section 3: E – College campuses not listed as restricted for possession or consumption of marijuana.

Section 4: A – Does not limit rights of medical marijuana patients or licensees.

Note: Nothing in the language would limit medical patients from having both the legal recreational quantities as well as the legal daily medical quantities of marijuana allowed as well (11 ounces of loose marijuana, one ounce of concentrates [oils] and 4.5 pounds of edibles. Also, six adult plants and six seedlings).

Section 5: A.1 – Making it lawful for persons 21 and older (“adults”) to engage in possessing, growing, processing, transporting and/or delivering one ounce of marijuana, eight grams of concentrated marijuana, and eight grams of concentrated marijuana in various products or infusions.

Note: This is the daily quantity allowed.

Section 5:A.2 – Planting, cultivating, processing or manufacturing not more than 12 mature marijuana plants and 12 seedlings at a private residence at one time, as well as storing marijuana products from the plants and seedlings in excess of one ounce, as long as not visible from public place.

Note: There is a per individual limit of six adult plants and six seedlings.

Section 5:B – No effect on custody or visitation unless the behavior of the person presents an “unreasonable danger to the safety of the minor child.”

Section 5:E – Restricts Law Enforcement Officers from search, detention, arrest based on odor of marijuana or containers of marijuana except where suspected impairment while operating vehicle or boat.

Section 5:F-G – No effect on public assistance or firearm purchase.

Section 6:B – Smoking marijuana in a public place is not grounds for detention, search or arrest if 21 or over. Civil fine of $25 is the only penalty.

Section 6:C – Minors who consume, transport or deliver marijuana in amounts allowable for individual adults under Section 5:A-2 are subject to a $100 civil fine or attending a 4-hour class.

Section 6:D – Adults in possession of twice the allowable amounts of marijuana and concentrates are subject to civil fine of $250 or attending an 8-hour class.

Note: This would be two ounces of loose marijuana, 16 grams of concentrated marijuana, and 16 grams of concentrated marijuana in various products or infusions, and 12 adult plants and 12 seedlings.

Section 6:E – No other penalties or enhancements (other than the civil fine or class) are permitted for violations listed in Sections 5 or 6.

Section 7: – The Oklahoma Medical Marijuana Authority will license, regulate, administer and enforce.

Note: This is the government agency that has been in charge of the doing the same for the medical marijuana industry.

Section 8-10: – Rules and regulations and restrictions regarding business licensing, labeling, manufacturing, testing, packaging and tracking. Business licenses cannot exceed $2,500.

Section 11:A – County or municipal governments can only regulate time, place and manner of operation of businesses, if not burdensome. May not limit number or completely prohibit the establishment or operation of licensed businesses within its boundaries.

Note: This is the same rule that applied to medical marijuana businesses.

Section 12: – Marijuana excise tax of 15% on gross receipts of dispensary sales to recreational consumers. State and local sales tax can be added.

Section 13: – A trust fund will be created to dispense monies – first to finance the Medical Marijuana Authority costs to implement this Act. If there is any money that exceeds the budgeted amount of the Authority, then it will go in predesignated percentages to all the following: municipalities or counties for unincorporated areas; State Judicial Revolving Fund; General Revenue Fund; grants to public schools; grants to agencies and not-for-profit organizations.

Section 15 – Retroactivity

-15:B – Presumption that dismissal of pending criminal proceedings is required, and automatic unless State objects.

-15:C – State has burden of proof by “clear and convincing evidence” that dismissal is not required or is inappropriate.

-15:G – Similar rules and requirements on expungement of prior cases.