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Oklahoma Medical Marijuana Legalization, State Question 778 (2016)

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Oklahoma
Medical Marijuana Legalization, State Question 778
Flag of Oklahoma.png
TypeAmendment
OriginCitizens
TopicMarijuana
StatusNot on the ballot

Not on Ballot
Proposed ballot measures that were not on a ballot
This measure was not put
on an election ballot

The Medical Marijuana Legalization, State Question 778 was a constitutional amendment proposed for the Oklahoma ballot on November 8, 2016.

The measure would have legalized medical marijuana under the prescription of a board-certified physician. Marijuana would have been reclassified as an herbal drug and regulated by the Oklahoma State Department of Health.[1]

Tax revenue would have been first used to fund the medical marijuana industry and excess money would have been used to fund education and health services. Local municipalities would have been permitted to impose an additional marijuana sales tax to be used for infrastructure.[1]

A similar measure, State Question 768, failed to collect enough signatures to reach the 2014 ballot.

Text of measure

Ballot title

The ballot title was as follows:[1]

This measure adds a new Article to the Oklahoma Constitution, Article 31, sections 1.A to 1.G and 2.A. It allows for the classification of marijuana as an herbal drug regulated by the Oklahoma State Department of Health and permits the use of marijuana under the recommendation of a board certified physician. It allows the sale of marijuana to licensed patients by licensed dispensaries; it allows the sale of marijuana to licensed dispensaries by licensed growers. It permits patients to assert medical reasons for using marijuana as a defense to any prosecution involving marijuana. Tax proceeds from sales of marijuana would be allocated first to fund regulatory processes for the medical marijuana purpose. Excess tax income from sales would then be divided with 75% going to the Oklahoma State Department of Education and 25% to the Oklahoma State Department of Health. Additionally, local municipalities may levee an additional tax to be earmarked solely for the construction and repair of public roads. This measure also excludes marijuana containing less than 0.3% THC from the definition of marijuana and reclassifies it as industrial hemp and allows for the growth and commerce thereof when registered with the Oklahoma State Department of Agriculture.[2]

Constitutional changes

The measure would have added a new article, Article 31, to the Oklahoma Constitution.

Full text

The full text of the measure can be found here.

Support

The campaign behind the initiative was Green the Vote, which had about 700 volunteers.[3]

Arguments in favor

Joshua Lewelling, who co-wrote the petition with Green the Vote President Isaac Caviness, argued:[3]

I have friends and family who suffer from things like ALS, friends who suffer from seizures. This is very important, this is proven to help those conditions. ... We’re not talking recreational, there's not going to be people running up and down the streets crazy with a joint in their hand, that's not going to happen. This is medical, it takes a doctor's recommendation to do this.[2]

Path to the ballot

See also: Laws governing the initiative process in Oklahoma

The measure was filed with the secretary of state on August 21, 2015. Supporters needed to collect 123,725 valid signatures by December 29, 2015. This signature requirement amounted to 15 percent of the votes cast for governor in the preceding gubernatorial election, in accordance with state law.

On December 23, 2015, Tulsa World reported Green the Vote had collected about 60,000 signatures. "It is very possible we can make it. I think we are going to be dangerously close," said Isaac Caviness, Green the Vote president.[4]

On December 29, 2015, petitioners submitted six boxes of signatures petitions.[5]

Green the Vote did not collect enough signatures and abandoned the petition.[1]

State profile

Demographic data for Oklahoma
 OklahomaU.S.
Total population:3,907,414316,515,021
Land area (sq mi):68,5953,531,905
Race and ethnicity**
White:73.1%73.6%
Black/African American:7.2%12.6%
Asian:1.9%5.1%
Native American:7.3%0.8%
Pacific Islander:0.1%0.2%
Two or more:7.8%3%
Hispanic/Latino:9.6%17.1%
Education
High school graduation rate:86.9%86.7%
College graduation rate:24.1%29.8%
Income
Median household income:$46,879$53,889
Persons below poverty level:19.7%11.3%
Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015)
Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Oklahoma.
**Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here.

Presidential voting pattern

See also: Presidential voting trends in Oklahoma

Oklahoma voted Republican in all seven presidential elections between 2000 and 2024.


More Oklahoma coverage on Ballotpedia

See also

Footnotes