Oklahoma activists filed an initiative that would legalize adult-use marijuana on the 2026 state ballot.
Oklahomans for Responsible Cannabis Action filed the latest constitutional amendment at the Secretary of State’s Office on Monday, about two years after voters rejected another recreational marijuana legalization proposal.
Adults aged 21 or older could purchase up to 8 ounces cannabis to use for their own personal needs. The measure would allow adults 21 and older to purchase and possess up to eight ounces of cannabis for personal use.
Oklahoma banks that serve state-licensed cannabis companies would be exempted from penalties under the constitutional amendment.
The initiative also includes safeguards that prevent adults from facing any penalties in the areas of “healthcare and housing, employment and public benefits, parental rights, education, extracurricular activities, and public assistance” as well as “licensing or licensed activity”, such a firearm ownership, driving privileges, and other legal cannabis-related activities.
The presence of THC in the system of a person could not be considered as proof of impairment.
Local governments could not impose bans or regulations on marijuana cultivation at home. They also couldn’t be too burdensome. In addition, public laws on marijuana smoking in public places could not be stricter than those currently in effect for tobacco.
Medical cannabis dispensaries that already exist, and new retailers licensed to sell to adults, could begin doing so 60 days following the enactment of this measure. In 180 days they can start selling cannabis products to adult consumers.
The adult cannabis market would be regulated by the same state departments responsible for the current medical marijuana program.
The initiative would impose a 10 percent tax on marijuana for adult use. It stipulates the ability of the legislator to reduce this tax but not increase it.
The state would receive 40% of the revenue, and counties (30%) as well as municipalities (30%) where there were retail sales. Revenues from retail sales in unincorporated jurisdictions would be divided evenly between the general fund (50%) and the county governments (30%).
After 60 days, marijuana tax rates for cannabis patients will no longer be charged.
The initiative states that “should the federal government legalize cannabis, the state of Oklahoma will not have any restrictions greater than those set by federal law” on marijuana.
The law also says that marijuana companies licensed by the state can’t be stopped from doing interstate business if federal laws change or there is a court order allowing such activities. The legislature could impose a wholesale tax of up to 3 percent on marijuana exported outside state borders if that were to happen.
ORCA must collect 172.993 signatures at the very least to ensure ballot placement if the measure has been cleared to be signed.
ORCA director Jed Green said to The Oklahoman, that the licensing regulations are a key difference between the initiative that his group is supporting and that which failed in the 2023 election. Green explained that many have criticised the implementation of Oklahoma’s adult-use marijuana legislation, which has led to an explosion of dispensaries.
Green stated that the regulators were already “behind on renewals of licenses” when this measure was put before voters. The proposal would have “no chance” of establishing a market for recreational marijuana. This new initiative would also not require that medical marijuana companies hold separate licenses in order to sell to adults.
Oklahoma lawmakers passed a law last month to protect the gun rights of medical marijuana patients registered with their state, even though federal law prohibits cannabis users, regardless of whether they are registered as such, from possessing firearms.
One state law, filed by a Republican legislator in January, criminalized the use of cannabis for medical purposes during pregnancy.
Top Pennsylvania Lawmaker Says Democrats Are Ready To Pass Marijuana Legalization Bill, But ‘We Will Need Republican Support’
Mike Latimer provided the photo.