Oklahoma marijuana legalization ballot initiative 2026 is withdrawn by activists

Oklahoma activists withdrew a legalization of marijuana initiative they had hoped to put on the 2026 state ballot.

Oklahomans for Responsible Cannabis Action’s (ORCA) petitions were not submitted by the deadline despite an aggressive but short signature campaign to gain ballot position.

This is a critical setback for advocates, who had partnered with retailers across the state—from existing medical cannabis dispensaries to tattoo parlors—to carry the petitions. Signing locations at more than 500 different locations showed their support.

ORCA was required to deliver 172.993 valid signatures before Monday. Although the campaign seemed optimistic about their progress, Secretary of State’s Office confirmed that it failed the test.

The website of the office states “WITHDRAWN by PROPOSITION OF RECORD.” The website of the office states: “November 3, 2020; No petition pamphlets have been filed for IP449. IP449 has ceased to be active at Secretary of State Office.”

ORCA’s founder Jed Green told MEDCAN24 in October that his team was holding “some fairly large piles” signed petitions. He could not be reached on either Monday or Tuesday for comments.

Through Monday afternoon, the campaign had still collected hundreds of signatures.

It was a tight turnaround for the advocates to collect the signatures, since the campaign began collecting them only in August. They had just three months to complete the task.

As early as this past year, Governor Kevin Stitt (R) gave final approval to legislation that some advocates worry will inhibit future citizen-led policy changes including cannabis reform. Kevin Stitt’s (R) final approval of legislation, which some activists worry may hinder citizen-led reforms such as cannabis reform.

The law puts additional requirements on initiative “gist” language that voters see on the ballot and also revise policies around signature gathering to make it so petitioners could only submit signatures from up to 11.5 percent of registered voters in a single county for statutory proposals and 20.8 percent for constitutional measures. The current litigation is not related to cannabis-specific proposals.

Green previously said that one of the key differences between the initiative his organization pushed this year and a previous one that failed at the ballot in 2023 is that it accounted for concerns about licensing rules. Green stated that the adult-use initiative, which failed, effectively replicated the licensing system of the medical marijuana measure, which was criticized by many for its rollout.

What would ORCA’s latest initiative on marijuana legalization have achieved?

• Adults 21 years and older could purchase up to 8 ounces cannabis to use for their own personal needs. The law allows them to grow 12 plants, possess the harvest and have an ounce or more of concentrate.
• 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 benefit” as well as “licensing or licensed activities” like firearm ownership, driving privileges, and other legal cannabis-related activity.
• In order to protect the public, THC metabolites could no longer be used by law enforcement as evidence that a person is impaired.
• Local governments could not impose a ban on marijuana cultivation at home, nor can they impose regulations that are “unduly burdensome.” The public smoking ordinances for marijuana cannot be stricter than those for tobacco.
• For 60 days following the enactment of this measure, medical cannabis dispensaries already in operation, and new retailers licensed to sell to adults, could begin to do so. In 180 days they can start selling cannabis 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.
• These tax dollars will go to the general fund of the state (40%) and county (30%) governments, as well 30 percent municipal (30%) governments where retail sales occur. Revenues from retail sales in unincorporated areas will be divided evenly between the county governments and the general fund, at a rate of 50/50.
• After 60 days, marijuana tax rates for cannabis patients will no longer be charged.
• Also, it states that state licensed marijuana businesses cannot be prohibited from participating in interstate commerce in the event of a federal change, or court ruling, allowing this activity. In that case, the state legislature can impose up to a 3% wholesale tax on cannabis exports beyond state boundaries.

During the process of collecting signatures, the Oklahoma Association of Chiefs and Oklahoma Bureau of Narcotics and Dangerous Drugs raised concerns regarding cannabis.

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MEDCAN24 tracks hundreds of marijuana, psychedelics, and drug policy legislation in state legislatures this year. Patreon members who pledge at least $25/month gain access to interactive maps, charts and a hearing calendar.

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Oklahoma legislators also introduced a law in March to protect gun rights for state-registered marijuana medical patients. Federal law, however, still prohibits the possession of firearms by cannabis users, regardless of patient status.

Another state bill filed in January by a GOP legislator would criminalize the use of medical cannabis during pregnancy.

Side Pocket Images. Photo by Chris Wallis.