Oklahoma Marijuana Legalization Initiative (2022)

Oklahoma Marijuana Legalization Initiative

Election date
November 8, 2022
Topic
Marijuana
Status
Proposed
Type
Constitutional amendment| Origin
Citizens

* * *

The Oklahoma Marijuana Legalization Initiative may appear on the ballot in Oklahoma as an initiated constitutional amendment on November 8, 2022.

The initiative would legalize and regulate marijuana for persons 21 years old and older and would impose a 15% excise tax on marijuana sales for purchases by an individual without a medical marijuana license.[1] Oklahomans for Responsible Cannabis Action (ORCA) filed multiple versions of the initiative: State Question 817 on October 7, 2021 and State Question 819 on October 28, 2021. Proponents withdrew State Question 817 on November 29, 2021.[2]

## Contents

* 1 Text of measure
* 1.1 Full text
* 2 Sponsors
* 3 Background
* 3.1 Recreational marijuana in the United States
* 3.2 Recreational marijuana legalization measures, 2012-2020
* 4 Path to the ballot
* 4.1 Details about this initiative
* 4.2 Lawsuit
* 5 See also
* 6 External links
* 7 Footnotes

## Text of measure[edit]

### Full text[edit]

The full text of the measure is available here.

## Sponsors[edit]

Along with the marijuana legalization initiative (State Questions 819), Oklahomans for Responsible Cannabis Action (ORCA) filed State Question 818, an initiative designed to create the State Cannabis Commission to regulate medical marijuana.[1]

## Background[edit]

### Recreational marijuana in the United States[edit]

See also: Marijuana laws in the United States

As of November 2020, 16 states and the District of Columbia had legalized marijuana for recreational purposes; nine through statewide citizen initiatives, and two through bills approved by state legislatures and signed by governors. Colorado and Washington both opted to legalize recreational marijuana in 2012. In a subsequent Colorado measure, voters enacted a statewide marijuana taxation system. The three ballot measures that passed in 2014 were Oregon's Measure 91, Alaska's Measure 2, and the District of Columbia's Initiative 71. Voters in California, Maine, Massachusetts, and Nevada approved recreational marijuana legalization ballot measures in November 2016. The Vermont State Legislature approved a bill in mid-January 2018 to allow recreational marijuana, and Gov. Phil Scott (R) signed it into law on January 22, 2018. Gov. Scott vetoed a previous bill to legalize marijuana in May 2017. On June 25, 2019, Illinois Gov. J.B. Pritzker signed a bill into law legalizing the use and possession of recreational marijuana. Initiatives legalizing recreational marijuana were on the ballot in November 2018 in Michigan and North Dakota. The Michigan initiative was approved, and the North Dakota initiative was defeated. Arizona, Montana, and South Dakota approved legalization through initiatives in 2020. New Jersey approved legalization through a legislatively referred constitutional amendment in 2020.[3][4]

The map below details the status of recreational marijuana legalization in the states as of November 2020. States shaded in green had legalized recreational marijuana usage (the shades of green indicate the years in which ballot measures were adopted; light green indicates measures approved in 2012, medium green indicates measures approved in 2014, medium-dark green indicates measures approved in 2016, and dark green indicates measures approved in 2018 and 2020). The states shaded in dark gray had defeated ballot measures that proposed to legalize recreational marijuana. States in blue had recreational marijuana approved by the state legislature and signed by the governor. The remaining states (those shaded in light gray) had not legalized recreational marijuana.

### Recreational marijuana legalization measures, 2012-2020[edit]

The following table provides information on the political context of the states that had voted on legalization measures as of 2020.

Click "Show" to expand the table.

Political factors and marijuana ballot measures, 2012-2020

State  | Measure  | Year  | Status  | Presidential, 2008-2016  | State Partisan Control
Colorado | Amendment 64 | 2012 | a | Democratic (Obama-Obama-Clinton) | Divided
Washington | Initiative 502 | 2012 | a | Democratic (Obama-Obama-Clinton) | Democratic
Alaska | Measure 2 | 2014 | a | Republican (McCain-Romney-Trump) | Republican
Oregon | Measure 91 | 2014 | a | Democratic (Obama-Obama-Clinton) | Democratic
Ohio | Issue 3 | 2015 | d | Pivot (Obama-Obama-Trump) | Republican
Arizona | Proposition 205 | 2016 | d | Republican (McCain-Romney-Trump) | Republican
California | Proposition 64 | 2016 | a | Democratic (Obama-Obama-Clinton) | Democratic
Maine | Question 1 | 2016 | a | Democratic (Obama-Obama-Clinton) | Divided
Massachusetts | Question 4 | 2016 | a | Democratic (Obama-Obama-Clinton) | Divided
Nevada | Question 2 | 2016 | a | Democratic (Obama-Obama-Clinton) | Republican
Michigan | Proposal 1 | 2018 | a | Pivot (Obama-Obama-Trump) | Republican
North Dakota | Measure 3 | 2018 | d | Republican (McCain-Romney-Trump) | Republican
Arizona | Proposition 207 | 2020 | a | Republican (McCain-Romney-Trump) | Republican
Montana | Initiative 190 | 2020 | a | Republican (McCain-Romney-Trump) | Divided
New Jersey | Amendment | 2020 | a | Democratic (Obama-Obama-Clinton) | Democratic
South Dakota | Amendment A | 2020 | a | Republican (McCain-Romney-Trump) | Republican

## Path to the ballot[edit]

See also: Laws governing the initiative process in Oklahoma

In Oklahoma, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 15 percent of the votes cast for governor in the previous gubernatorial election. Signatures must be submitted 90 days after the initiative is cleared for circulation by the secretary of state. Measures are generally placed on the next general election ballot following signature verification, but the governor may call a special election or place the measure on the primary ballot. If petitioners are targeting a specific election, the secretary of state recommends that signatures be submitted eight months prior to the election; however, they must be submitted a minimum of 60 days before the election to make the ballot.

The requirements to get an initiated constitutional amendment certified for the 2022 ballot:

* Signatures: 177,958 valid signatures
* Deadline: Each initiative has its own deadline that is 90 days after it was approved to circulate

The secretary of state verifies signatures and submits the totals and the vote totals that determine the requirement to the Oklahoma Supreme Court, which makes the final determination of sufficiency.

### Details about this initiative[edit]

* The initiative was filed by Oklahomans for Responsible Cannabis Action (ORCA).[1]
* Oklahomans for Responsible Cannabis Action (ORCA) filed multiple versions of the initiative: State Question 817 on October 7, 2021 and State Question 819 on October 28, 2021. Proponents withdrew State Question 817 on November 29, 2021.[5]
* Initiative 819 was challenged in the Oklahoma Supreme Court on November 5, 2021, and is on hold with the Oklahoma Secretary of State's office until the challenge is resolved.

### Lawsuit[edit]

Lawsuit overview

Issue: Whether the measure is constitutional; whether signatures collected for it will be valid
Court:
Plaintiff(s): Paul Tay| Defendant(s): Oklahomans for Responsible Cannabis Action
Plaintiff argument:
All signatures collected in Native American territory would be invalid; the measure is unconstitutional| Defendant argument:
The lawsuit is a challenge attempting to try to block the measure by going after multiple points to see if any of them hold up in court; proponents are confident they will prevail

Source: Cannabis Times

Paul Tay, a 2022 gubernatorial candidate and former Tulsa mayoral candidate, alleged that the initiative is unconstitutional and that signatures collected for it in Native American territory would be invalid due to legal precedent set in the U.S. Supreme Court case McGirt v. Oklahoma. Oklahomans for Responsible Cannabis Action Director Jed Green said the lawsuit is a challenge attempting to try to block the measure by going after multiple points to see if any of them hold up in court. Proponents said they are confident they will prevail. Cannabis Business Times reported that Tay was incarcerated at the time the legal challenge was filed.[6] On August 23, 2021, the Tulsa Police Department arrested Tay on charges of first-degree rape, kidnapping, and assault with a dangerous weapon. According to information released by the Tulsa Police Department's Special Victims Unit, the victim reported that she met Tay in Bethany, Oklahoma, in response to an ad to work for his campaign. She alleged that Tay locked her in his car, hit her with a pipe, and sexually assaulted her. [7] Tay's arraignment was scheduled for August 30, 2021.[8]

## See also[edit]

2022 measures

* 2022 ballot measures
* Marijuana on the ballot
* 2022 legislative sessions

Oklahoma

* Oklahoma ballot measures
* Oklahoma ballot measure laws

News and analysis

* Ballot measure lawsuits
* Ballot measure readability
* Ballot measure polls

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## External links[edit]

* Oklahoma Secretary of State: State Questions
* State Question 817 full text
* State Question 819 full text
* Oklahomans for Responsible Cannabis Action petitions

## Footnotes[edit]

1. ↑ 1.0 1.1 1.2 Oklahomans for Responsible Cannabis Action, "Recreational Petition," accessed October 7, 2021
2. ↑ Oklahoma Secretary of State, "State Questions," accessed January 5, 2022
3. ↑ The Hill, "Vermont governor vetoes marijuana legalization," May 24, 2017
4. ↑ Associated Press, "Illinois becomes 11th state to allow recreational marijuana," June 25, 2019
5. ↑ Oklahoma Secretary of State, "State Questions," accessed January 5, 2022
6. ↑ Cannabis Business Times, "Oklahoma Adult-Use Cannabis Legalization Initiative Challenged in Court," accessed November 17, 2021
7. ↑ KFOR Noon News, "Oklahoma gubernatorial candidate arrested for rape, kidnapping," August 24, 2021
8. ↑ Inside Edition, "Oklahoma Governor Candidate Paul Tay Arrested for Alleged Rape and Attack of Woman Who Answered a Campaign Ad," August 27, 2021

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