Oklahoma activists have said they will not be discouraged in their latest effort to place marijuana legalization on state ballots by a law signed by the Republican Governor that significantly limits the citizen initiative process of the state.
About two months after Oklahomans for Responsible Cannabis Action, (ORCA), revived its push to end the prohibition in Oklahoma, filing an initiative for 2026 to create an adult use marijuana program, Governor. Kevin Stitt’s (R) final approval of the legislation has some activists worried that it will prevent future citizens-led policies, such as cannabis reform.
In addition to new requirements for the language of “gists” that appear on voters’ ballots, revised policies will be implemented regarding signature gathering. Petitioners can only collect signatures for up to 11.5% of voters registered in one county for legislative proposals or 20.8 % for constitutional measures.
In theory, that could seriously complicate the task of getting enough signatures to qualify any measure for the ballot—perhaps especially for a cannabis legalization campaign where the expectation is that advocates would be collecting a large portion of signatures from more populous, left-leaning counties. The number of signatures on petitions in these jurisdictions is now explicitly limited.
ORCA Founder Jed Green told reporters on Monday this wasn’t fatal to the campaign even though lawmakers who supported ballot restriction laws have been given a “Double – F” for limiting the voters ability to make important policy decisions.
Green suggested ORCA could avoid potential challenges associated with more stringent language requirements for summary of initiative. The group had made a conscious decision to file the ballot proposal before lawmakers committed this error.
He acknowledged the possibility of the attorney general contesting the wording, and that it could “get messy.” Green suggested that, given that the Secretary of State approved a 2023 draft of the legalization plan that was ultimately rejected by voters, he could be called as a witness to support the summary’s legality.
Now there is no way the [attorney general] He added, “is about to screw us.” Let me make it crystal clear: we’re not screwed. The process here is completely different from what happens with our legislators. It’s a completely different process, and I am a veteran of this.
In social media posts, ORCA has similarly expressed frustration over the newly enacted law—but also confidence that they will be able to overcome the procedural obstacles.
You need not worry. It said, “The team at ORCA is experienced in this area and has been doing so for a few decades.” On Monday it shared a link with a news story on the ballot initiative laws. This attempt to remove your rights and create a duplicate government won’t age well!
The group that is working on an independent initiative in order to introduce open primaries elections for the state, has indicated it would challenge the new law restricting the ballot.
Margaret Kobos is the founder and CEO Oklahoma United. She said that SB 1027 was a bad policy. The bill suppresses Oklahomans’ ability to challenge their elected officials and it sends a message that those who are in charge don’t respect the people who have put them into office. SB 1027 proves that Oklahomans have a long-held distrust for state government.
What would ORCA’s latest initiative on marijuana legalization accomplish?
- Adults 21 years and older could purchase up to 8 ounces cannabis to use for their own personal needs. Also, they could grow as many 12 plants as they wanted and keep what was harvested. They would also be allowed to possess up to an ounce of cannabis concentrated.
- 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 “licensure and licensed activity”, such a firearm ownership or driving privileges, due to legal cannabis use.
- The presence of THC in the system of a person could not be considered as evidence of impairment.
- Local governments could not impose bans or regulations on marijuana cultivation at home, nor can they be “unnecessarily burdensome.” Moreover, any public ordinances on smoking marijuana in public cannot be more restrictive that what is currently in place.
- Sixty days after the law’s passage, medical marijuana dispensaries already in operation, and new retailers licensed to sell cannabis products to adults, could begin doing so. In 180 days they can start selling cannabis products to adult consumers.
- The adult-use cannabis market would be regulated by the same departments of state that currently oversees the medical marijuana program.
- An excise duty of 10 percent would be levied on products for adult-use. However, the initiative states that it is up to the legislative body whether they want to lower the tax or not.
- The state would receive 40% of the revenue, and counties (30%) as well as municipalities (30%) where there were retail sales. The revenue from unincorporated areas would be evenly split, with 50 percent going to the county and 50 percent to the state general fund.
- After 60 days, marijuana tax rates for cannabis patients will no longer be charged.
- 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 at least 172,993 signatures if the measure has been cleared to be signed.
Green previously said that one of the key differences between the initiative his organization is pushing and the one that failed at the ballot in 2023 is that it accounts for concerns about licensing rules. Green stated that many have criticised the implementation of medical marijuana laws in the state, leading to an explosion of dispensaries.
Oklahoma legislators in March passed a measure aimed at protecting the rights to firearms of registered medical marijuana users in their state. Federal law, however, still prohibits all cannabis patients from having guns, regardless of patient status.
Another state bill filed in January by a GOP legislator would criminalize the use of medical cannabis during pregnancy.
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Side Pocket Images. Image courtesy Chris Wallis.