Special Election announced to legalize recreational marijuana in Oklahoma

Oklahoma Governor Kevin Stitt declared a statewide special election, scheduled for Tuesday,...
Oklahoma Governor Kevin Stitt declared a statewide special election, scheduled for Tuesday, March 7, 2023, on Tuesday, which will legalize recreational marijuana in Oklahoma.
Published: Oct. 18, 2022 at 3:58 PM CDT
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OKLAHOMA (KSWO) - Oklahoma Governor Kevin Stitt declared a statewide special election, scheduled for Tuesday, March 7, 2023, on Tuesday, which will legalize recreational marijuana in Oklahoma.

The election is centered around State Question Number 820, Initiative Petition 434, which would create a state law allowing recreational marijuana use for persons 21 or older.

According to State Question 820, the export of marijuana from Oklahoma will not be affected, and will still be prohibited.

The passage of the law will have a fiscal impact on the state, allowing the Oklahoma Tax Commission to collect a 15% excise tax on recreational use sales, outside of sales tax. The excise tax revenue would go to fund the implementation of the law, allowing the surplus to be used for public school drug abuse programs, school retention programs, drug addiction treatment programs, courts and local governments, and the General Revenue fund.

The law will limit certain marijuana-related conduct while establishing quantity limits, safety standards, restrictions and penalties for violations.

Local governments will also have the ability to prohibit and restrict recreational marijuana use on city property and set limits to regulate “the time, place, and manner of the operation of marijuana businesses within its boundaries.”

They cannot, however, limit the number of, or completely prohibit recreational marijuana businesses.

The law also allows property owners to prohibit or regulate marijuana-related conduct, however, it will not allow lease agreements to prohibit a tenant from lawfully possessing and consuming marijuana by means other than smoking.

Employers may still choose to restrict employees’ consumption of marijuana.

Medical marijuana patients or licensees will not be affected, however, for the first two years new recreational business licenses will only be available to those who already have their medical business license and have been open for a minimum of one year.

According to State Question 820, the passage of the law will require “resentencing, reversing, modifying, and expunging certain prior marijuana-related judgments and sentences unless the State proves an unreasonable risk to a person.”

Upon passage, the Oklahoma Medical Marijuana Authority will administer and enforce all aspects of the law.

To read Governor Stitt’s full proclamation, click here.