Oklahoma medical marijuana legalization 2018?


#1

I have found an article about Oklahoma having the medical mmj for the 2018 ballot. State question 788. November 6, 2018. All.of my fellow oklahoma grower need to save this date so we can’t get out medicine easier


Moving to a new state. Thinking of Southeastern Oklahom
#2

Fingers crossed! :slight_smile:


#3

Here thought I’d help out

Oklahoma Medical Marijuana Legalization Initiative, State Question 788 (2018)
Oklahoma

The Oklahoma Medical Marijuana Legalization Initiative may appear on the ballot in Oklahoma as an initiated state statute on November 6, 2018.[1]

The measure would legalize the licensed growth, use, and possession of marijuana for medicinal purposes.

Design of the initiative

The measure would provide for the licensing of medical marijuana recipients, dispensaries, commercial growers, and processors. An office within the Oklahoma State Department of Health would be created to review applications and issue licenses. Municipalities would be prohibited from restricting zoning laws to prevent dispensaries. Dispensaries would not be located within 1,000 feet of a school.[2]

The measure would enact a seven percent tax on marijuana sales. Revenue would primarily finance regulatory costs. Any surplus would be distributed as follows: 75 percent to the General Fund to be used for education and 25 percent to the Oklahoma State Department of Health and earmarked for drug and alcohol rehabilitation.

An individual 18 years old or older who wants to obtain a medical marijuana license would need a board-certified physician’s signature. An individual under the age of 18 would need the signatures of two physicians and his or her parent or legal guardian. There would be no qualifying conditions, but a doctor would be required to sign according to “accepted standards a reasonable and prudent physician would follow when recommending or approving any medication.” Licenses would cost $100 and last two years. Recipients of Medicaid, Medicare, or SoonerCare would pay $20 for a license. Caregiver licensees would also be available.

The initiative would forbid employers, landlords, and schools from penalizing persons for holding a medical marijuana license, unless failing to do so causes a lost of benefits under federal law. Employers would be allowed to penalize license-holders who possess or use marijuana while at work. The initiative would guarantee that holding a medical marijuana license does not preclude parental visitation or custody of a child.

Individuals possessing a medical marijuana license would be authorized to consume marijuana and possess up to three ounces on their persons, six mature and six seedling marijuana plants, up to one ounce of concentrated marijuana, up to 72 ounces of edible marijuana, and up to eight ounces of marijuana in their residences. Local governments would be empowered to enact guidelines allowing recipients to exceed the state-mandated possession limits. Possessing up to 1.5 ounces of marijuana without a license but with a medical condition would be deemed a misdemeanor.

Licenses to operate dispensaries, commercial growing operations, and processing operations would cost $2,500. Penalties, including fines and license revocations, would be established for operations that fail to report sales accurately. The Oklahoma State Department of Health would be authorized to inspect processing facilities. A panel of 12 residents, who are marijuana industry experts, would be established to create a list of food safety standards for the processing and handling of marijuana .

Path to the ballot

See also: Laws governing the initiative process in Oklahoma
The measure was filed with the Oklahoma secretary of state on April 11, 2016, by Oklahomans for Health. According to Oklahoma law, after a petition is approved, supporters have 90 days to collect the required number of valid signatures. Petitioners for State Question 788 needed to collect 65,987 valid signatures by August 11, 2016, provided no official complaints complicated the process of approving the initiative for circulation. Signatures were submitted by the deadline and were counted. A total of 67,761 signatures were verified, which was 1,774 more signatures than required. The ballot title was deemed insufficient, and the attorney general rewrote it.[18]

Oklahoma Attorney General Scott Pruitt ® sent revised ballot language to the Oklahoma Supreme Court on August 29, 2016. Petitioners objected to the new ballot language and sued. According to Attorney General Pruitt, signatures were not submitted early enough to allow for the election board to amend the language, print, and deliver ballots.[19] Although the measure did not qualify for the November 2016 ballot, it is eligible to appear on the November 2018 ballot or a special election called by the Oklahoma Governor.[20]

Lawsuits

Lawsuit overview
Issue: Ballot language; allegedly misleading and confusing ballot title
Court: Oklahoma Supreme Court
Ruling:
Plaintiff(s): Oklahomans for Health, Chip Paul, and Philip Winters Defendant(s): Attorney General Scott Pruitt
Plaintiff argument:
The ballot title uses confusing language that could lead voters to believe they would be legalizing recreational marijuana instead of medical marijuana. Defendant argument:
The ballot title is objective and more accurate than the original.
Source: Oklahoma State Courts Network
Oklahomans for Health filed litigation against Attorney General Scott Pruitt ® in the Oklahoma Supreme Court, alleging his rewrite of the initiative’s ballot title was misleading and confusing. Plaintiffs contended that Pruitt’s amended ballot title would lead voters to believe the initiative legalized recreational marijuana, rather than just medical marijuana. David Slane, an attorney representing Oklahomans for Health, said, “No elected official has the right to rewrite these ballots in such a way that he would try to unfairly influence voters. Scott Pruitt has a habit, a pattern of doing this.”[21] The ACLU of Oklahoma also criticized Pruitt’s rewrite, stating, “Unfortunately, the attorney general couldn’t help himself and injected his own political views.”[22]

Plaintiffs claimed the introduction of the amended ballot title is particularly misleading. The amended introduction reads, “This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified.” The original introduction reads, “A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes and must be approved by an Oklahoma Board Certified Physician.” The amended version does not mention “for medical purposes,” whereas the original does.[23]

Attorney General Scott Pruitt defended his rewrite, stating, “They use the phrase in the marijuana petition ‘medicinal marijuana.’ That is a label. When people hear medicinal marijuana, it creates the impression in their mind that means I access that drug like I access other drugs. … You access other drugs through a prescription. Here, it doesn’t require a prescription. In fact, it is just a permit for two years.” David Slane issued a statement in response to Pruitt’s defense, which stated, “It was clear from the totality of the way the ballot title was written that it would require a doctor’s authorization and a medical card. For the attorney general to pretend like this was not for medical purposes is just not genuine.”[24]

The following table compares petitioners’ original ballot title and Attorney General Pruitt’s amended ballot title for State Question 778:[23]

Petitioners’ original ballot title for SQ 788 Pruitt’s amended ballot title for SQ 788
This measure amends the Oklahoma State Statutes. A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes. A license is required for use and possession of marijuana for medicinal purposes and must be approved by an Oklahoma Board Certified Physician.
The State Department of Health will issue medical marijuana licenses if the application is eighteen years of older an Oklahoma resident. A special exception will be granted to an applicant under the age of eighteen, however these applications must be signed by two physicians and a parent or legal guardian.
The Department will also issue seller, grower, packaging, transportation, research and caregiver licenses. Individual and retail businesses must meet minimal requirements to be licensed to sell marijuana to licensees.
The punishment for unlicensed possession of permitted amounts of marijuana for individuals who can state a medical condition is a fine not exceeding four hundred dollars. Fees and zoning restrictions are established. A seven percent state tax is imposed on medical marijuana sales.
This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified. Possession and use of marijuana is authorized through a medical marijuana license that is valid for two years, rather than by prescription. An Oklahoma board certified physician must recommend the license using the same accepted standards for recommending other medications, and must sign the application for the license.
The State Department of Health must issue a license to an applicant who:
submits a valid application,
is eighteen years or older, and
is an Oklahoma resident.
Applications for individuals under eighteen must be signed by two physicians and by a parent or legal guardian. The Department also issues seller, grower, packaging, transportation, research, and caregiver licenses to those who meet certain minimal requirements.
A 7 percent state tax is imposed on retail sales of marijuana. Unlicensed possession by an individual who claims to have a medical condition is punishable by a fine not exceeding $400
Local government cannot use zoning laws to prevent the opening of a retail marijuana store. This measure does not change federal law, which makes use, sale, and growth of marijuana illegal.

Support

Oklahomans for Health 2018 logo.png
Oklahomans for Health is leading the campaign in support of State Question 788.[3]

Supporters
Officials
Sen. Anastasia Pittman (D-48)[3]
Former Rep. Joe Dorman (D-65)[4]
Individuals
Janine Bradley, co-owner of OKC Organics[5]
Arguments
Sen. Anastasia Pittman (D-48) stated:[3]

“ We see far too many Oklahomans forced to use marijuana to treat some medical condition, and because of the current laws, they run the risk of arrest, a fine and incarceration.
Thousands of children and elderly Oklahomans suffer from some medical condition where marijuana is the only affordable treatment they can find. It is time we change the law to make this type of treatment under a doctor’s care in Oklahoma.[6]


Former Rep. Joe Dorman (D-65), who endorsed the initiative, said:[4]

“ I think it is ridiculous, though, that if a doctor says that it is the best treatment for an individual to deal with some kind of health issue, that it is automatically ruled out because of a societal belief that every aspect of it is bad.[6] ”
Opposition

If you know of any opposition that should be here, please contact editor@ballotpedia.org.

Background

Voting on Marijuana
Marijuana Leaf-smaller.gif
Ballot Measures
By state
By year
Not on ballot
Local
Local marijuana
Local marijuana tax
Cannabidiol in Oklahoma
On April 30, 2015, Gov. Mary Fallin ® signed House Bill 2154 (HB 2154), which authorized clinical trials of cannabidiol, also known as “cannabis oil” or CBD, for persons 18 years old or younger with severe forms of epilepsy.[7][8][9] Gov. Fallin said, “This bill will help get sick children potentially life-changing medicine. By crafting the legislation in a way that allows for tightly controlled medical studies, we can ensure we are researching possible treatments in a responsible and scientific way.” Rep. Jon Echols (R-90) and Sen. Brian A. Crain (R-39) sponsored HB 2154 in the Oklahoma Legislature.[10]

Rep. Jon Echols (R-90) introduced House Bill 2835 (HB 2835) to expand access to cannabidiol clinical trials to persons over 18 years old with severe forms of epilepsy and persons with spasticity due to multiple sclerosis or paraplegia, intractable nausea and vomiting, or certain chronic wasting diseases.[11] Rep. Echols said he was inspired to expand access to clinical trials after hearing about a child’s reduction in seizures following cannabidiol treatment. He stated, “But under that bill [HB 2154 of 2015] when she turns 18 she can no longer take it. Not only does that not make sense, that’s cruel.” Sen. Ervin Yen (R-40) co-sponsored HB 2835 of 2016 with Rep. Echols.[12][13] Gov. Fallin signed HB 2835 on May 16, 2016.[14]

Medical marijuana in the United States
See also: Medical marijuana
As of November 2016, 28 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 15 states had legalized the use of cannabis oil, or cannabidiol (CBD), one of the non-psychoactive ingredients found in marijuana, for medical purposes.[15] The states shaded in red permitted the use of medical marijuana, while the states shaded in gray did not. The states in purple allowed for the use of CBD in some circumstances but did not allow medical marijuana.[16][17]


#4

Here is the full text of the proposed law:

Text of measure

Full text
The full text of the measure is as follows:[2]

SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 420 of Title 63, unless there is created a duplication in numbering, reads as follows:

A. A person in possession of a state issued medical marijuana license shall be able to:

  1. Consume marijuana legally;
  2. Legally possess up to three (3) ounces of marijuana on their person;
  3. Legally possess six (6) mature marijuana plants;
  4. Legally possess six (6) seedling plants;
  5. Legally possess one (1) ounce of concentrated marijuana;
  6. Legally possess seventy-two (72) ounces of edible marijuana; and
  7. Legally possess up to eight (8) ounces of marijuana in their residence.
    B. Possession of up to one and one-half (1.5) ounces of marijuana by persons who can state a medical condition, but not in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with a fine not to exceed Four Hundred Dollars ($400.00).

C. A regulatory office shall be established under the Oklahoma State Department of Health which will receive applications for medical license recipients, dispensaries, growers, and packagers within sixty (60) days of the passage of this initiative.

D. The Oklahoma State Department of Health shall within thirty (30) days of passage of this initiative, make available, on their website, in an easy to find location, an application for a medical marijuana license. The license will be good for two (2) years, and the application fee will be One Hundred Dollars ($100.00), or Twenty Dollars ($20.00) for individuals on Medicaid, Medicare, or SoonerCare. The methods of payment will be provided on the website.

E. A temporary license application will also be available on the Oklahoma Department of Health website. A temporary medical marijuana license will be granted to any medical marijuana license holder from other states, provided that the state has a state regulated medical marijuana program, and the applicant can prove they are a member of such. Temporary licenses will be issued for thirty (30) days. The cost for a temporary license shall be One Hundred Dollars ($100.00). Renewal will be granted with resubmission of a new application. No additional criteria will be required.

F. Medical marijuana license applicants will submit their application to the Oklahoma State Department of Health for approval and that the applicant must be an Oklahoma state resident and shall prove residency by a valid driver’s license, utility bills, or other accepted methods.

G. The Oklahoma State Department of Health shall review the medical marijuana application, approve/reject the application, and mail the applicant’s approval or rejection letter (stating reasons for rejection) to the applicant within fourteen (14) days of receipt of the application. Approved applicants will be issued a medical marijuana license which will act as proof of their approved status. Applications may only be rejected based on applicant not meeting stated criteria or improper completion of the application.

H. The Oklahoma State Department of Health will only keep the following records for each approved medical license:

  1. a digital photograph of the license holder;
  2. the expiration date of the license;
  3. the county where the card was issued; and
  4. a unique 24 character identification number assigned to the license.
    I. The Department of Health will make available, both on its website, and through a telephone verification system, an easy method to validate a medical license holders authenticity by the unique 24 character identifier.

J. The State Department of Health will ensure that all application records and information are sealed to protect the privacy of medical license applicants.

K. A caregiver license will be made available for qualified caregivers of a medical marijuana license holder who is homebound. The caregiver license will give the caregiver the same rights as the medical license holder. Applicants for a caregiver license will submit proof of the medical marijuana license holder’s license status and homebound status, that they are the designee of the medical marijuana license holder, must submit proof that the caregiver is age eighteen (18) or older, and must submit proof the caregiver is an Oklahoma resident. This will be the only criteria for a caregiver license.

L. All applicants must be eighteen (18) years or older. A special exception will be granted to an applicant under the age of eighteen (18), however these applications must be signed by two (2) physicians and the applicant’s parent or legal guardian.

M. All applications for a medical license must be signed by an Oklahoma Board certified physician. There are no qualifying conditions. A medical marijuana license must be recommended according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication. No physician may be unduly stigmatized or harassed for signing a medical marijuana license application.

N. Counties and cities may enact medical marijuana guidelines allowing medical marijuana license holders or caregivers to exceed the state limits set forth in subsection A of this section.

SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 421 of Title 63, unless there is created a duplication in numbering, reads as follows:

A. The Oklahoma State Department of Health shall within thirty (30) days of passage of this initiative, make available, on their website, in an easy to find location, an application for a medical marijuana dispensary license. The application fee shall be Two Thousand Five Hundred Dollars ($2,500.00) and a method of payment will be provided on the website. Retail applicants must all be Oklahoma state residents. Any entity applying for a retail license must be owned by an Oklahoma state resident and must be registered to do business in Oklahoma. The Oklahoma State Department of Health shall have two (2) weeks to review the application, approve or reject the application, and mail the approval/rejection letter (if rejected, stating reasons for rejection) to the applicant.

B. The Oklahoma State Department of Health must approve all applications which meet the following criteria:

  1. Applicant must be age twenty-five (25) or older;
  2. Any applicant, applying as an individual, must show residency in the state of Oklahoma;
  3. All applying entities must show that all members, managers, and board members are Oklahoma residents;
  4. An applying entity may show ownership of non-Oklahoma residents, but that percentage ownership may not exceed twenty-five percent (25%);
  5. All applying individuals or entities must be registered to conduct business in the state of Oklahoma;
  6. All applicants must disclose all ownership;
  7. Applicant(s) with only nonviolent felony conviction(s) in the last two (2) years, any other felony conviction in 5 (years), inmates, or any person currently incarcerated may not qualify for a medical marijuana dispensary license.
    C. Retailers will be required to complete a monthly sales report to the Oklahoma Department of Health. This report will be due on the 15th of each month and provide reporting on the previous month. This report will detail the weight of marijuana purchased at wholesale and the weight of marijuana sold to card holders, and account for any waste. The report will show total sales in dollars, tax collected in dollars, and tax due in dollars. The Oklahoma State Department of Health will have oversight and auditing responsibilities to ensure that all marijuana being grown is accounted for. A retailer will only be subject to a penalty if a gross discrepancy exists and cannot be explained. Penalties for fraudulent reporting occurring within any 2 year time period will be an initial fine of Five Thousand Dollars ($5,000.00) (first) and revocation of licensing (second).

D. Only a licensed medical marijuana retailer may conduct retail sales of marijuana, or marijuana derivatives in the form provided by licensed processors, and these products can only be sold to a medical marijuana license holder or their caregiver. Penalties for fraudulent sales occurring within any 2 year time period will be an initial fine of Five Thousand Dollars ($5,000.00) (first) and revocation of licensing (second).

SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 422 of Title 63, unless there is created a duplication in numbering, reads as follows:

A. The Oklahoma State Department of Health will within thirty (30) days of passage of this initiative, make available, on their website, in an easy to find location, an application for a commercial grower license. The application fee will be Two Thousand Five Hundred Dollars ($2,500.00) and methods of payment will be provided on the website. The Oklahoma State Department of Health has two (2) weeks to review application, approve or reject the application, and mail the approval/rejection letter (if rejected, stating reasons for rejection) to the applicant.

B. The Oklahoma State Department of Health must approve all applications which meet the following criteria:

  1. Applicant must be age twenty-five (25) or older;
  2. Any applicant, applying as an individual, must show residency in the state of Oklahoma;
  3. All applying entities must show that all members, managers, and board members are Oklahoma residents;
  4. An applying entity may show ownership of non-Oklahoma residents, but that percentage ownership may not exceed twenty-five percent (25%);
  5. All applying individuals or entities must be registered to conduct business in the state of Oklahoma;
  6. All applicants must disclose all ownership;
  7. Applicant(s) with only nonviolent felony conviction(s) in the last two (2) years, any other felony conviction in 5 (years), inmates, or any person currently incarcerated may not qualify for a commercial grower license.
    C. A licensed commercial grower may sell marijuana to a licensed retailer, or a licensed packager. Further, these sales will be considered wholesale sales and not subject to taxation. Under no circumstances may a licensed commercial grower sell marijuana directly to a medical marijuana license holder. A licensed commercial grower may only sell at the wholesale level to a licensed retailer or a licensed processor. If the federal government lifts restrictions on buying and selling marijuana between states, then a licensed commercial grower would be allowed to sell and buy marijuana wholesale from, or to, an out of state wholesale provider. A licensed commercial grower will be required to complete a monthly yield and sales report to the Oklahoma Department of Health. This report will be due on the 15th of each month and provide reporting on the previous month. This report will detail amount of marijuana harvested in pounds, the amount of drying or dried marijuana on hand, the amount of marijuana sold to processors in pounds, the amount of waste in pounds, and the amount of marijuana sold to retailers in lbs. Additionally, this report will show total wholesale sales in dollars. The Oklahoma State Department of Health will have oversight and auditing responsibilities to ensure that all marijuana being grown is accounted for. A licensed grower will only be subject to a penalty if a gross discrepancy exists and cannot be explained. Penalties for fraudulent reporting or sales occurring within any 2 year time period will be an initial fine of Five Thousand Dollars ($5,000.00) (first) and revocation of licensing (second).

D. There shall be no limits on how much marijuana a licensed grower can grow.

SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 423 of Title 63, unless there is created a duplication in numbering, reads as follows:

A. The Oklahoma State Department of Health shall within thirty (30) days of passage of this initiative, make available, on their website, in an easy to find location, an application for a medical marijuana processing license. The application fee shall be Two Thousand Five Hundred Dollars ($2,500.00) and methods of payment will be provided on the website. The Oklahoma State Department of Health shall have two (2) weeks to review the application, approve or reject the application, and mail the approval/rejection letter (if rejected, stating reasons for rejection) to the applicant.

B. The Oklahoma State Department of Health must approve all applications which meet the following criteria:

  1. Applicant must be age twenty-five (25) or older;
  2. Any applicant, applying as an Individual, must show residency in the state of Oklahoma;
  3. All applying entities must show that all members, managers, and board members are Oklahoma residents;
  4. An applying entity may show ownership of non-Oklahoma residents, but that percentage ownership may not exceed twenty-five percent (25%);
  5. All applying individuals or entities must be registered to conduct business in the state of Oklahoma;
  6. All applicants must disclose all ownership;
  7. Applicant(s) with only nonviolent felony conviction(s) in the last two (2) years, any other felony conviction in 5 (years), inmates, or any person currently incarcerated may not qualify for a medical marijuana processing license.
    C. A licensed processor may take marijuana plants and distill or process these plants into concentrates, edibles, and other forms for consumption. As required by subsection D of this section, the Oklahoma State Department of Health will, within sixty (60) days of passage of this initiative, make available a set of standards which will be used by licensed processors in the preparation of edible marijuana products. This should be in line with current food preparation guidelines and no excessive or punitive rules may be established by the Oklahoma State Department of Health. Once a year, the Oklahoma State Department of Health may inspect a processing operation and determine its compliance with the preparation standards. If deficiencies are found, a written report of deficiency will be issued to the processor. The processor will have one (1) month to correct the deficiency or be subject to a fine of Five Hundred Dollars ($500.00) for each deficiency. A licensed processor may sell marijuana products it creates to a licensed retailer, or any other licensed processor. Further, these sales will be considered wholesale sales and not subject to taxation. Under no circumstances may a licensed processor sell marijuana, or any marijuana product, directly to a medical marijuana license holder. However, a licensed processor may process cannabis into a concentrated form, for a medical license holder, for a fee. Processors will be required to complete a monthly yield and sales report to the Oklahoma State Department of Health. This report will be due on the 15th of each month and provide reporting on the previous month. This report will detail amount of marijuana purchased in pounds, the amount of marijuana cooked or processed in pounds, and the amount of waste in pounds. Additionally, this report will show total wholesale sales in dollars. The Oklahoma State Department of Health will have oversight and auditing responsibilities to ensure that all marijuana being grown is accounted for. A licensed processor will only be subject to a penalty if a gross discrepancy exists and cannot be explained. Penalties for fraudulent reporting occurring within any 2 year time period will be an initial fine of Five Thousand Dollars ($5,000.00) (first) and revocation of licensing (second).

D. The inspection and compliance of processors producing products with marijuana as an additive. The Oklahoma State Department of Health will be compelled to, within thirty (30) days of passage of this initiative, appoint a board of twelve (12) Oklahoma residents, who are marijuana industry experts, to create a list of food safety standards for processing and handling medical marijuana in Oklahoma. These standards will be adopted by the agency and the agency can enforce these standards for processors. The agency will develop a standards review procedure and these standards can be altered by calling another board of twelve (12) Oklahoma marijuana industry experts. A signed letter of twenty (20) operating processors would constitute a need for a new board and standard review.

E. If it becomes permissible, under federal law, marijuana may be moved across state lines.

F. Any device used for the consumption of medical marijuana shall be considered legal to be sold, manufactured, distributed, and possessed. No merchant, wholesaler, manufacturer, or individual may unduly be harassed or prosecuted for selling, manufacturing, or possession of medical marijuana paraphernalia.

SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 424 of Title 63, unless there is created a duplication in numbering, reads as follows:

A. A marijuana transportation license will be issued to qualifying applicants for a marijuana retail, growing, or processing license. The transportation license will be issued at the time of approval of a retail, growing, or processing license.

B. A transportation license will allow the holder to transport marijuana from an Oklahoma licensed medical marijuana retailer, licensed growing facility, or licensed processor facility to an Oklahoma licensed medical marijuana retailer, licensed growing facility, or licensed processing facility.

C. All marijuana or marijuana products shall be transported in a locked container and clearly labeled “Medical Marijuana or Derivative”.

SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 425 of Title 63, unless there is created a duplication in numbering, reads as follows:

A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a medical marijuana license holder, unless failing to do so would imminently cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations.

B. Unless a failure to do so would cause an employer to imminently lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:

  1. The person’s status as a medical marijuana license holder; or
  2. Employers may take action against a holder of a medical marijuana license holder if the holder uses or possesses marijuana while in the holder’s place of employment or during the hours of employment. Employers may not take action against the holder of a medical marijuana license solely based upon the status of an employee as a medical marijuana license holder or the results of a drug test showing positive for marijuana or its components.
    C. For the purposes of medical care, including organ transplants, a medical marijuana license holder’s authorized use of marijuana must be considered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.

D. No medical marijuana license holder may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this law, unless the person’s behavior creates an unreasonable danger to the safety of the minor.

E. No person holding a medical marijuana license may unduly be withheld from holding a state issued license by virtue of their being a medical marijuana license holder. This would include such things as a concealed carry permit.

F. No city or local municipality may unduly change or restrict zoning laws to prevent the opening of a retail marijuana establishment.

G. The location of any retail marijuana establishment is specifically prohibited within one thousand (1,000) feet from any public or private school entrance.

H. Research will be provided under this law. A researcher may apply to the Oklahoma Department of Health for a special research license. That license will be granted, provided the applicant meet the criteria listed under Section 421. B. Research license holders will be required to file monthly consumption reports to the Oklahoma Department of Health with amounts of marijuana used for research.

SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 426 of Title 63, unless there is created a duplication in numbering, reads as follows:

A. The tax on retail medical marijuana sales will be established at seven percent (7%) of the gross amount received by the seller.

B. This tax will be collected at the point of sale. Tax proceeds will be applied primarily to finance the regulatory office.

C. If proceeds from the levy authorized by subsection A of this section exceed the budgeted amount for running the regulatory office, any surplus shall be apportioned with seventy-five percent (75%) going to the General Revenue Fund and may only be expended for common education. Twenty-five percent (25%) shall be apportioned to the Oklahoma State Department of Health and earmarked for drug and alcohol rehabilitation.

SECTION 8. The provisions hereof are severable, and if any part or provision hereof shall be void, invalid, or unconstitutional, the decision of the court so holding shall not affect or impair any of the remaining parts or provision hereof, and the remaining provisions hereof shall continue in full force and effect.


#5

Thanks @bob31, I was going to do that but you beat me to it.


#6

Glad my brothers to the north are getting it lined up! TX still hasn’t released anything that I have found. Still hoping !


#7

I think that soon they wool see the error of their stereotypes of us that use it as medicine and a little seeds decompress haha


#8

I’m not going to hold my breath. It would really be nice however. There is no real reason that cannabis is regulated so closely other than Big Pharma doesn’t want it to happen and the government has not figured how to corner the market on it yet.


#9

Yeah that’s true. Honestly big pharma would still make a lot of money, but it would hurt them too


#10

If not legalized it completely at least allow permits to be purchased for those who choose to utilized the benefits of it. But that’s just it, they want to control so much of the world :earth_asia: , they loose focus on what’s really important and that’s freedom of choice. But just imagine how much more world peace there will be if it was simply permitted. Here is another option for the idiots in government , set a parameter of where the permits are allow to live in each city and watch how fast the properties and acreage sells meaning taxable revenue for the I.R.S. Because regardless of what they say the plant has many medicinal properties, do many of you know that a pregnant woman produces low levels of natural cannabinoids in her breast milk to help sedate, and feed and fight air born pathogens for breast feeding infants. Breast milk that is natural formed in a women titties develop cannabinoids , now how much more science they need when that along should be enough evidence. So if any of them sucked titties as infants than sucked some good ole white widow or Kush cannabinoids !!!


#11

Yeah I know what you mean brother. It’s redicules. Eventually the states are gonna see how much money it brings in and how much at least medical can help people and if anything mesical will be legalized and possibly down the road rec. That’s just my theory though


#12

Even if that all we ever accomplish is medical, that would be a huge win, because I’m sure anyone could find a illness or injury to get their medical card. Then what’s rec? It’s anytime you enjoy it for the hell of it, isn’t that what some.of us do already?


#13

We did it!! I look forward to what Oklahoma’s industry pans out to be