Oklahoma State Question 788, Medical Marijuana Legalization Initiative (June 2018)/Full article
- General election: Nov. 6
- Voter registration deadline: Oct. 12
- Early voting: Nov. 1 - Nov. 3
- Absentee voting deadline: Nov. 6
- Online registration: No
- Same-day registration: No
- Voter ID: Non-photo ID required
- Poll times: 7:00 a.m. to 7:00 p.m.
| Oklahoma State Question 788 | |
|---|---|
 | |
| Election date June 26, 2018 | |
| Topic Marijuana | |
Status Approved | |
| Type State statute | Origin Citizens |
Oklahoma State Question 788, the Medical Marijuana Legalization Initiative, was on the ballot in Oklahoma as an initiated state statute on June 26, 2018. It was approved.[1][2]
| A "yes" vote supported this measure to legalize the licensed cultivation, use, and possession of marijuana for medicinal purposes. |
| A "no" vote opposed this measure to legalize the licensed cultivation, use, and possession of marijuana for medicinal purposes. |
Election results
|
Oklahoma State Question 788 |
||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
|
|
507,582 | 56.86% | ||
| No | 385,176 | 43.14% | ||
Aftermath
Moratorium on cannabis business licenses, 2022
On May 26, 2022, Governor Kevin Stitt (R) signed House Bill 3208, which created a moratorium on issuing new cannabis business licenses for dispensaries, growers, and processors from August 1, 2022, through August 1, 2024. Under the bill, the Oklahoma Medical Marijuana Authority (OMMA) was required to process applications for licenses received before August 1, 2022, and was authorized to end the moratorium before August 1, 2024, if the executive director of the OMMA determines that all pending license applications have been fully processed. As of June 2022, the OMMA reported 11,312 licensed cannabis businesses.[3][4]
Medical marijuana licenses
The online application process for medical marijuana licenses went live on the Oklahoma Medical Marijuana Authority's website on August 24, 2018. As of 2018, applications were only accepted online and not available at any state or county health office.[5]
Melissa Miller, communications manager for the Oklahoma Medical Marijuana Authority, reported that the OMMA had collected over $6.5 million from application fees as of November 2018. Of the total, Miller said $5.45 million came from applications for medical marijuana growers, processors, and dispensaries and that remaining $1.2 million came from applications for patient licenses. Chip Paul, a sponsor of the initiative, said that the OMMA had, as of early November 2018, issued business licenses to 1,060 growers, 277 processors, and 651 dispensaries.[6]
Medical marijuana program emergency rules
Dr. Jean Hausheer, president of the Oklahoma State Medical Association, criticized the state's draft of proposed rules to govern the new medical marijuana industry. Hausheer said that members of the medical community demanded three more rules, as follows:[7]
- Ban all smokable forms of cannabis to ensure marijuana is administered in forms that are easily measured in doses, such as edibles and oils;
- Require pharmacists to be present in dispensaries as part of the approval process; and
- Limit the number of dispensaries to 50.
On July 10, 2018, the Oklahoma Board of Health voted 5-4 to ban smokable marijuana products at dispensaries and require licensed pharmacists to be on-site at dispensaries.[8]
After the vote, Rep. Jason Lowe (D-97) said in a press release, "The Oklahoma State Department of Health has enacted law that undermines one of the most participated-in elections in state history and silences the voice of Oklahomans across this state. Today's decision is an affront to democracy and an insult to the law-abiding citizens that showed up to vote for this initiative. "In order to ensure that the will of the people is protected from bureaucracy and to save the state from yet another embarrassing lawsuit, I am calling on the governor to immediately call for a special session so that the elected leaders of this state can implement the law as instructed by the citizens of Oklahoma."[8]
Chip Paul, co-founder of Oklahomans for Health, one of the support committees for the initiative, said, "It was clearly the intent in [State Question] 788 that we have smokable marijuana. As the general counsel stated, that should be obvious to everyone. We never intended for a pharmacist to be on-site at a dispensary."[8]
On July 12, 2018, Oklahoma Governor Mary Fallin (R) accepted the regulations proposed by the Board of Health.[8]
Emergency rules for the medical marijuana program were signed by Fallin on August 6, 2018. The rules did not contain the provisions banning smokable marijuana or requiring a pharmacist to be present at the dispensaries.[9]
Lawsuits
Two lawsuits have been filed against the state of Oklahoma and the Oklahoma Department of Health. One lawsuit was brought by eight people in Cleveland County, Oklahoma. The second lawsuit was brought by Green the Vote, a group sponsoring two proposed ballot initiatives for the 2018 ballot in Oklahoma: the Oklahoma Medical Marijuana Constitutional Amendment Initiative, State Question 796 and the Oklahoma Marijuana Legalization Constitutional Amendment Initiative, State Question 797.[10]
Green the Vote v. the State of Oklahoma, Governor Mary Fallin, Oklahoma Department of Health, and board members
| Lawsuit overview | |
| Issue: Whether regulations on medical marijuana voted for by 5 Oklahoma Department of Health Board Members and approved by Governor Mary Fallin destroy the intent of the initiative, whether board members and the governor held a secret meeting which violates the Open Meetings Act | |
| Court: Filed in the district court in and for Oklahoma County | |
| Plaintiff(s): Green the Vote | Defendant(s): The State of Oklahoma, Oklahoma Governor Mary Fallin, The Oklahoma Department of Health, and board members of the Oklahoma Department of Health |
| Plaintiff argument: Governor Fallin and five board members named as defendants held a secret meeting before voting to ban smokable marijuana products at dispensaries and require licensed pharmacists to be on-site at dispensaries, which "destroy the intent [of State Question 788]."[10] The rules approved by Fallin are arbitrary and capricious and should be declared invalid. | Defendant argument: Unknown as of July 16, 2018 |
Source: Green the Vote Court Filings
Ronald Durbin, an attorney for Green the Vote, said, “We believe we have evidence that there were behind the scenes negotiations and discussions among certain members that we’ve named in this lawsuit to bring forth the amendments that essentially destroy the intent of 788."[10]
Dahn Gregg, et al. v. the State of Oklahoma and the Oklahoma Department of Health
| Lawsuit overview | |
| Issue: Whether regulations on medical marijuana voted for by 5 Oklahoma Department of Health Board Members and approved by Governor Mary Fallin interfere with or threaten to interfere with the rights of the plaintiffs, whether the board members had the authority to promulgate such emergency rules | |
| Court: Filed in the district court of Cleveland County | |
| Plaintiff(s): Dahn Gregg, et al. | Defendant(s): The State of Oklahoma and the Oklahoma Department of Health |
| Plaintiff argument: The Board of Health does not have authority to promulgate emergency rules, the rules interfere (or threaten to interfere) or impair the legal rights and privileges of the Plaintiffs. The rules should not be enacted. | Defendant argument: Unknown as of July 16, 2018 |
Source: Court Filings
Responses and reactions to the lawsuits
- Daren Ward, the chairman of the Oklahoma County Republican Party said in response to the lawsuit, “We ask that they move as quickly as possible to resolve this matter. Our country is a constitutional republic, and state government, under the United States Constitution and its amendments, is supposed to respect the voice of the people and due process. Last week’s actions by the OSBH are truly repugnant. Not only did they show no regard for the will of the people, but that they are truly part of the governmental swamp that seeks to legislate outside the republican form of government.”[11]
- David McLain, the chairman of the Tulsa County Republican Party said, “The ‘we know better attitude’ expressed by the OSBH and the shocking approval by our current governor shows contempt for the liberties and the rights we express at the ballot box as citizens,” said McLain. “I call on all Republicans to contact your legislators, from either party and ask for a quick resolution to this desecration of the citizens’ voice.”[11]
- Sen. Greg Treat (R-47), the Oklahoma State Senate majority leader, said, “The Oklahoma Senate will not undo the will of voters, who spoke loudly by passing State Question 788. While the Health Department and its commissioner did yeoman’s work in drafting emergency rules, the Board of Health’s adoption of last-minute amendments without public comments has undermined the public’s confidence in the system. Lawmakers have the ability to amend this law as we move forward to address any issues which may arise.”[11]
- Oklahoma Attorney General Mike Hunter (R), wrote in a letter to Interim Commissioner of Health Tom Bates, "The board promulgated serveral rules in excess of its statutory authority... The board overstepped its authority when it imposed licensing requirements that conflict with the statute voters approved... I have no doubt that the board in good faith sought to regulate marijuana in a manner it believed would best promote the health and safety of Oklahomans. However, in so doing, the board made policy judgments not authorized by statute. Those policy decisions are the exclusive prerogative of the legislature and the People. It is therefore my judgement that the Board reconvene to reconsider the rules … in a manner consistent with the advice of this letter.”[12]
Overview
What did State Question 788 do?
State Question 788 legalized marijuana, also known as cannabis, for medical purposes in Oklahoma. The measure required a state-issued medical marijuana license to have a board-certified physician's signature. The measure required no specific qualifying conditions to receive medical marijuana. The measure allowed people with licenses to possess up to 3 ounces of marijuana on their person and 8 ounces of marijuana in their residence. A 7 percent tax was levied on marijuana sales, with revenue allocated to administrative costs, education, and drug and alcohol rehabilitation. The measure required licenses to operate dispensaries, commercial growing operations, and processing operations. The measure prohibited municipalities from restricting zoning laws to prevent marijuana dispensaries.[1]
Status of medical marijuana in Oklahoma
Going into this election, the possession and medical use of marijuana was illegal in Oklahoma. As of October 2017, 30 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana, and cannabis oil was legal in an additional 15 states, including Oklahoma. In 2015, Oklahoma authorized clinical trials of cannabis oil for persons 18 years of age or younger with severe forms of epilepsy.[13] In 2016, the age cap was removed and clinical trials were expanded to cover other specific diseases and conditions.[14]
Status of medical marijuana at the federal level
While marijuana was still illegal at the federal level, as of 2018, enforcement of federal marijuana laws had not been strictly implemented against state-legal medical marijuana as of February. On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allowed federal prosecutors to make decisions individually concerning enforcement of marijuana.[15][16]
In December 2014, Congress passed the Rohrabacher-Farr amendment (now called the Rohrabacher-Blumenauer amendment) as part of a budget bill and renewed the amendment each year through 2017. The amendment prohibits federal agents from raiding medical marijuana growers in states where medical marijuana is legal, effectively allowing states to legalize medical marijuana. In May 2017, Attorney General Jeff Sessions sent a letter to Congress asking legislators to deny recertification to the Rohrabacher-Blumenauer amendment. Following seven temporary continuations of the amendment—including in September 2017, on December 8 and December 22 of 2017, and on January 22, 2018—Congress passed another temporary continuation of the Rohrabacher-Blumenauer amendment on February 9, 2018, that extended it through March 23, 2018.[17]
State of ballot measure campaigns
Two political action committees (PACs) had registered to support State Question 788—Vote Yes On 788 and Oklahomans for Health SQ 788. The support committees had reported raising $350.00. Americans for Equal Liberty operating as Vote No OK788 formed to oppose State Question 788. Vote No OK788 had not reported raising any contributions as of the most recent reports.
Oklahomans for Health, a 501(c)(4) organization, led the signature petition effort. Leaders within Oklahomans for Health became chairpersons for the two separate PACs registered to support State Question 788. Oklahomans for Health spent $26,988 on the signature petition drive that qualified State Question 788 for the ballot in 2016. This amount is not included in the campaign finance information above.[18]
| Oklahoma voter? What you need to know for Tuesday, June 26: | |
|---|---|
| Registration deadline: | The deadline to register to vote in this election was June 1. |
| Early voting times: | June 21: 8 a.m. - 6 p.m.; June 22: 8 a.m. - 6 p.m.; June 23: 8 a.m. - 2 p.m. |
| Absentee ballot request deadline: | Absentee ballots must be requested by 5 p.m. on June 20 |
| Absentee ballot return deadline: | Absentee ballots must be received by 7 p.m on election day |
| Poll times: | On election day, polls are open from 7 a.m. to 7 p.m. |
Initiative design
The measure provided for the licensing of medical marijuana recipients, dispensaries, commercial growers, and processors. The measure provided for the creation of an office within the Oklahoma State Department of Health to review applications and issue licenses.[1]
Obtaining a patient license, possession, and use
The measure specified that an individual 18 years old or older who wants to obtain a medical marijuana license needs a board-certified physician's signature. An individual under the age of 18 needs the signatures of two physicians and his or her parent or legal guardian. The measure specified no qualifying conditions, but specified that a doctor is required to sign according to "accepted standards a reasonable and prudent physician would follow when recommending or approving any medication." The measure specified that licenses cost $100 and last two years. Under the measure, recipients of Medicaid, Medicare, or SoonerCare pay $20 for a license. The measure provided for caregiver licenses to be available.[1]
The measure authorized individuals possessing a medical marijuana license to consume marijuana and possess up to three ounces on their persons, six mature and six seedling marijuana plants, up to one ounce of concentrated marijuana, up to 72 ounces of edible marijuana, and up to eight ounces of marijuana in their residences. The measure empowered local governments to enact guidelines allowing recipients to exceed the state-mandated possession limits. Under the measure, possessing up to 1.5 ounces of marijuana without a license but with a medical condition is deemed a misdemeanor.[1]
Taxation
The initiative provided for a 7 percent excise tax on marijuana sales. Going into the election, Paula Ross of the Oklahoma Tax Commission said since there was no statute exempting medical marijuana from sales tax, the 7 percent excise tax will be added on to the state's sales tax, coming out to a total of around 16 percent.[19] The tax on marijuana in Oklahoma is the highest in the nation after Washington, which as of 2016, made medical and recreational marijuana subject to a 37 percent excise tax.[19] Revenue from the tax will finance regulatory costs. Any surplus is to be distributed as follows: 75 percent to the General Fund to be used for education, and 25 percent to the Oklahoma State Department of Health to be used for drug and alcohol rehabilitation.[1]
Local control and dispensary location restrictions
The measure prohibited municipalities from restricting zoning laws to prevent dispensaries. The measure does not allow dispensaries to be located within 1,000 feet of a school.[1]
Licensing and regulation of dispensaries
Under the measure, licenses to operate dispensaries, commercial growing operations, and processing operations cost $2,500. The measure establishes penalties, including fines and license revocations, for operations that fail to report sales accurately. The measure authorized the Oklahoma State Department of Health to inspect processing facilities. The measure authorized the creation of a panel of 12 residents, who are marijuana industry experts, to create a list of food safety standards for the processing and handling of marijuana.[1]
Employment and parental visitation
The initiative forbids employers, landlords, and schools from penalizing persons for holding a medical marijuana license unless failing to do so causes a loss of benefits under federal law. The measure allowed employers to penalize license-holders who possess or use marijuana while at work. The initiative guaranteed that holding a medical marijuana license does not preclude parental visitation or custody of a child.[1]
Text of measure
Ballot title
The ballot title was as follows:[1]
| “ | This measure amends the Oklahoma State Statutes. A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes. A license is required for use and possession of marijuana for medicinal purposes and must be approved by an Oklahoma Board Certified Physician.
The State Department of Health will issue medical marijuana licenses if the application is eighteen years of older an Oklahoma resident. A special exception will be granted to an applicant under the age of eighteen, however these applications must be signed by two physicians and a parent or legal guardian. The Department will also issue seller, grower, packaging, transportation, research and caregiver licenses. Individual and retail businesses must meet minimal requirements to be licensed to sell marijuana to licensees. The punishment for unlicensed possession of permitted amounts of marijuana for individuals who can state a medical condition is a fine not exceeding four hundred dollars. Fees and zoning restrictions are established. A seven percent state tax is imposed on medical marijuana sales. Shall the proposal be approved?
A “YES” vote is a vote in favor of this measure. A “NO” vote is a vote against this measure.[20] |
” |
Challenge to ballot title
- See also: Oklahomans for Health v. Hunter
The ballot title for the initiative that appeared on the ballot was written by initiative proponents. In August 2016, Attorney General Scott Pruitt (R) said the ballot title was insufficient and rewrote the language. Oklahomans for Health filed litigation against Pruitt in the Oklahoma Supreme Court. In March 2017, the court ruled in favor of Oklahomans for Health, restoring the original ballot title.
Full text
The full text of the measure is as follows:[1]
SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 420 of Title 63, unless there is created a duplication in numbering, reads as follows: A. A person in possession of a state-issued medical marijuana license shall be able to:
B. Possession of up to one and one-half (1.5) ounces of marijuana by persons who can state a medical condition, but not in possession of a state issued medical marijuana license, shall constitute a misdemeanor offense with a fine not to exceed Four Hundred Dollars ($400.00). C. A regulatory office shall be established under the Oklahoma State Department of Health which will receive applications for medical license recipients, dispensaries, growers, and packagers within sixty (60) days of the passage of this initiative. D. The Oklahoma State Department of Health shall within thirty (30) days of passage of this initiative, make available, on their website, in an easy to find location, an application for a medical marijuana license. The license will be good for two (2) years, and the application fee will be One Hundred Dollars ($100.00), or Twenty Dollars ($20.00) for individuals on Medicaid, Medicare, or SoonerCare. The methods of payment will be provided on the website. E. A temporary license application will also be available on the Oklahoma Department of Health website. A temporary medical marijuana license will be granted to any medical marijuana license holder from other states, provided that the state has a state regulated medical marijuana program, and the applicant can prove they are a member of such. Temporary licenses will be issued for thirty (30) days. The cost for a temporary license shall be One Hundred Dollars ($100.00). Renewal will be granted with resubmission of a new application. No additional criteria will be required. F. Medical marijuana license applicants will submit their application to the Oklahoma State Department of Health for approval and that the applicant must be an Oklahoma state resident and shall prove residency by a valid driver’s license, utility bills, or other accepted methods. G. The Oklahoma State Department of Health shall review the medical marijuana application, approve/reject the application, and mail the applicant’s approval or rejection letter (stating reasons for rejection) to the applicant within fourteen (14) days of receipt of the application. Approved applicants will be issued a medical marijuana license which will act as proof of their approved status. Applications may only be rejected based on applicant not meeting stated criteria or improper completion of the application. H. The Oklahoma State Department of Health will only keep the following records for each approved medical license:
I. The Department of Health will make available, both on its website, and through a telephone verification system, an easy method to validate a medical license holders authenticity by the unique 24 character identifier. J. The State Department of Health will ensure that all application records and information are sealed to protect the privacy of medical license applicants. K. A caregiver license will be made available for qualified caregivers of a medical marijuana license holder who is homebound. The caregiver license will give the caregiver the same rights as the medical license holder. Applicants for a caregiver license will submit proof of the medical marijuana license holder’s license status and homebound status, that they are the designee of the medical marijuana license holder, must submit proof that the caregiver is age eighteen (18) or older, and must submit proof the caregiver is an Oklahoma resident. This will be the only criteria for a caregiver license. L. All applicants must be eighteen (18) years or older. A special exception will be granted to an applicant under the age of eighteen (18), however these applications must be signed by two (2) physicians and the applicant’s parent or legal guardian. M. All applications for a medical license must be signed by an Oklahoma Board certified physician. There are no qualifying conditions. A medical marijuana license must be recommended according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication. No physician may be unduly stigmatized or harassed for signing a medical marijuana license application. N. Counties and cities may enact medical marijuana guidelines allowing medical marijuana license holders or caregivers to exceed the state limits set forth in subsection A of this section. SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 421 of Title 63, unless there is created a duplication in numbering, reads as follows: A. The Oklahoma State Department of Health shall within thirty (30) days of passage of this initiative, make available, on their website, in an easy to find location, an application for a medical marijuana dispensary license. The application fee shall be Two Thousand Five Hundred Dollars ($2,500.00) and a method of payment will be provided on the website. Retail applicants must all be Oklahoma state residents. Any entity applying for a retail license must be owned by an Oklahoma state resident and must be registered to do business in Oklahoma. The Oklahoma State Department of Health shall have two (2) weeks to review the application, approve or reject the application, and mail the approval/rejection letter (if rejected, stating reasons for rejection) to the applicant. B. The Oklahoma State Department of Health must approve all applications which meet the following criteria:
C. Retailers will be required to complete a monthly sales report to the Oklahoma Department of Health. This report will be due on the 15th of each month and provide reporting on the previous month. This report will detail the weight of marijuana purchased at wholesale and the weight of marijuana sold to card holders, and account for any waste. The report will show total sales in dollars, tax collected in dollars, and tax due in dollars. The Oklahoma State Department of Health will have oversight and auditing responsibilities to ensure that all marijuana being grown is accounted for. A retailer will only be subject to a penalty if a gross discrepancy exists and cannot be explained. Penalties for fraudulent reporting occurring within any 2 year time period will be an initial fine of Five Thousand Dollars ($5,000.00) (first) and revocation of licensing (second). D. Only a licensed medical marijuana retailer may conduct retail sales of marijuana, or marijuana derivatives in the form provided by licensed processors, and these products can only be sold to a medical marijuana license holder or their caregiver. Penalties for fraudulent sales occurring within any 2 year time period will be an initial fine of Five Thousand Dollars ($5,000.00) (first) and revocation of licensing (second). SECTION 3. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 422 of Title 63, unless there is created a duplication in numbering, reads as follows: A. The Oklahoma State Department of Health will within thirty (30) days of passage of this initiative, make available, on their website, in an easy to find location, an application for a commercial grower license. The application fee will be Two Thousand Five Hundred Dollars ($2,500.00) and methods of payment will be provided on the website. The Oklahoma State Department of Health has two (2) weeks to review application, approve or reject the application, and mail the approval/rejection letter (if rejected, stating reasons for rejection) to the applicant. B. The Oklahoma State Department of Health must approve all applications which meet the following criteria:
C. A licensed commercial grower may sell marijuana to a licensed retailer, or a licensed packager. Further, these sales will be considered wholesale sales and not subject to taxation. Under no circumstances may a licensed commercial grower sell marijuana directly to a medical marijuana license holder. A licensed commercial grower may only sell at the wholesale level to a licensed retailer or a licensed processor. If the federal government lifts restrictions on buying and selling marijuana between states, then a licensed commercial grower would be allowed to sell and buy marijuana wholesale from, or to, an out of state wholesale provider. A licensed commercial grower will be required to complete a monthly yield and sales report to the Oklahoma Department of Health. This report will be due on the 15th of each month and provide reporting on the previous month. This report will detail amount of marijuana harvested in pounds, the amount of drying or dried marijuana on hand, the amount of marijuana sold to processors in pounds, the amount of waste in pounds, and the amount of marijuana sold to retailers in lbs. Additionally, this report will show total wholesale sales in dollars. The Oklahoma State Department of Health will have oversight and auditing responsibilities to ensure that all marijuana being grown is accounted for. A licensed grower will only be subject to a penalty if a gross discrepancy exists and cannot be explained. Penalties for fraudulent reporting or sales occurring within any 2 year time period will be an initial fine of Five Thousand Dollars ($5,000.00) (first) and revocation of licensing (second). D. There shall be no limits on how much marijuana a licensed grower can grow. SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 423 of Title 63, unless there is created a duplication in numbering, reads as follows: A. The Oklahoma State Department of Health shall within thirty (30) days of passage of this initiative, make available, on their website, in an easy to find location, an application for a medical marijuana processing license. The application fee shall be Two Thousand Five Hundred Dollars ($2,500.00) and methods of payment will be provided on the website. The Oklahoma State Department of Health shall have two (2) weeks to review the application, approve or reject the application, and mail the approval/rejection letter (if rejected, stating reasons for rejection) to the applicant. B. The Oklahoma State Department of Health must approve all applications which meet the following criteria:
C. A licensed processor may take marijuana plants and distill or process these plants into concentrates, edibles, and other forms for consumption. As required by subsection D of this section, the Oklahoma State Department of Health will, within sixty (60) days of passage of this initiative, make available a set of standards which will be used by licensed processors in the preparation of edible marijuana products. This should be in line with current food preparation guidelines and no excessive or punitive rules may be established by the Oklahoma State Department of Health. Once a year, the Oklahoma State Department of Health may inspect a processing operation and determine its compliance with the preparation standards. If deficiencies are found, a written report of deficiency will be issued to the processor. The processor will have one (1) month to correct the deficiency or be subject to a fine of Five Hundred Dollars ($500.00) for each deficiency. A licensed processor may sell marijuana products it creates to a licensed retailer, or any other licensed processor. Further, these sales will be considered wholesale sales and not subject to taxation. Under no circumstances may a licensed processor sell marijuana, or any marijuana product, directly to a medical marijuana license holder. However, a licensed processor may process cannabis into a concentrated form, for a medical license holder, for a fee. Processors will be required to complete a monthly yield and sales report to the Oklahoma State Department of Health. This report will be due on the 15th of each month and provide reporting on the previous month. This report will detail amount of marijuana purchased in pounds, the amount of marijuana cooked or processed in pounds, and the amount of waste in pounds. Additionally, this report will show total wholesale sales in dollars. The Oklahoma State Department of Health will have oversight and auditing responsibilities to ensure that all marijuana being grown is accounted for. A licensed processor will only be subject to a penalty if a gross discrepancy exists and cannot be explained. Penalties for fraudulent reporting occurring within any 2 year time period will be an initial fine of Five Thousand Dollars ($5,000.00) (first) and revocation of licensing (second). D. The inspection and compliance of processors producing products with marijuana as an additive. The Oklahoma State Department of Health will be compelled to, within thirty (30) days of passage of this initiative, appoint a board of twelve (12) Oklahoma residents, who are marijuana industry experts, to create a list of food safety standards for processing and handling medical marijuana in Oklahoma. These standards will be adopted by the agency and the agency can enforce these standards for processors. The agency will develop a standards review procedure and these standards can be altered by calling another board of twelve (12) Oklahoma marijuana industry experts. A signed letter of twenty (20) operating processors would constitute a need for a new board and standard review. E. If it becomes permissible, under federal law, marijuana may be moved across state lines. F. Any device used for the consumption of medical marijuana shall be considered legal to be sold, manufactured, distributed, and possessed. No merchant, wholesaler, manufacturer, or individual may unduly be harassed or prosecuted for selling, manufacturing, or possession of medical marijuana paraphernalia. SECTION 5. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 424 of Title 63, unless there is created a duplication in numbering, reads as follows: A. A marijuana transportation license will be issued to qualifying applicants for a marijuana retail, growing, or processing license. The transportation license will be issued at the time of approval of a retail, growing, or processing license. B. A transportation license will allow the holder to transport marijuana from an Oklahoma licensed medical marijuana retailer, licensed growing facility, or licensed processor facility to an Oklahoma licensed medical marijuana retailer, licensed growing facility, or licensed processing facility. C. All marijuana or marijuana products shall be transported in a locked container and clearly labeled “Medical Marijuana or Derivative”. SECTION 6. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 425 of Title 63, unless there is created a duplication in numbering, reads as follows: A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his status as a medical marijuana license holder, unless failing to do so would imminently cause the school or landlord to lose a monetary or licensing related benefit under federal law or regulations. B. Unless a failure to do so would cause an employer to imminently lose a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon either:
C. For the purposes of medical care, including organ transplants, a medical marijuana license holder’s authorized use of marijuana must be considered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care. D. No medical marijuana license holder may be denied custody of or visitation or parenting time with a minor, and there is no presumption of neglect or child endangerment for conduct allowed under this law, unless the person's behavior creates an unreasonable danger to the safety of the minor. E. No person holding a medical marijuana license may unduly be withheld from holding a state issued license by virtue of their being a medical marijuana license holder. This would include such things as a concealed carry permit. F. No city or local municipality may unduly change or restrict zoning laws to prevent the opening of a retail marijuana establishment. G. The location of any retail marijuana establishment is specifically prohibited within one thousand (1,000) feet from any public or private school entrance. H. Research will be provided under this law. A researcher may apply to the Oklahoma Department of Health for a special research license. That license will be granted, provided the applicant meet the criteria listed under Section 421. B. Research license holders will be required to file monthly consumption reports to the Oklahoma Department of Health with amounts of marijuana used for research. SECTION 7. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 426 of Title 63, unless there is created a duplication in numbering, reads as follows: A. The tax on retail medical marijuana sales will be established at seven percent (7%) of the gross amount received by the seller. B. This tax will be collected at the point of sale. Tax proceeds will be applied primarily to finance the regulatory office. C. If proceeds from the levy authorized by subsection A of this section exceed the budgeted amount for running the regulatory office, any surplus shall be apportioned with seventy-five percent (75%) going to the General Revenue Fund and may only be expended for common education. Twenty-five percent (25%) shall be apportioned to the Oklahoma State Department of Health and earmarked for drug and alcohol rehabilitation. SECTION 8. The provisions hereof are severable, and if any part or provision hereof shall be void, invalid, or unconstitutional, the decision of the court so holding shall not affect or impair any of the remaining parts or provision hereof, and the remaining provisions hereof shall continue in full force and effect. |
Readability score
- See also: Ballot measure readability scores, 2018
| Using the Flesch-Kincaid Grade Level (FKGL and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative petitioners wrote the ballot language for this measure.
In 2018, for the 167 statewide measures on the ballot, the average ballot title or question was written at a level appropriate for those with between 19 and 20 years of U.S. formal education (graduate school-level of education), according to the FKGL formula. Read Ballotpedia's entire 2018 ballot language readability report here. |
Support
Oklahomans for Health—a 501(c)(4) organization—led the signature petition drive to put this initiative on the ballot and supported the campaigns advocating for a "yes" vote.[21]
Two political action committees (PAC) are registered to support State Question 788: Vote Yes on 788 and Oklahomans for Health SQ 788.[22][23]
The chairpersons of both PACs were founding board members of the Oklahomans for Health nonprofit during signature gathering. To read more about the history of the support campaign, click here.
Supporters
Organizations
- The National Organization for the Reform of Marijuana Laws (NORML)[24]
Officials
- Sen. Anastasia Pittman (D-48)[25]
- Former Rep. Joe Dorman (D-65)[25][26]
Individuals
- Janine Bradley, co-owner of OKC Organics[27]
- Bobby Griffith, co-pastor of a Presbyterian church and a member of the group Clergy for a New Drug Policy[28]
Arguments
Vote Yes On 788 campaign manager William Jones said the following:[24]
| “ |
State Question 788 was designed to make Oklahoma the most patient-oriented and business friendly state for the medical marijuana industry. SQ 788 will create jobs, sorely needed tax revenue, and possess a number of patient protections that simply don’t exist in other states with similar laws.[20] |
” |
Dana McMurchy, public liaison from Yes on 788, said:[29]
| “ | Endocannabinoids are chemical messengers that maintain optimal balance in your system; that's why we have receptors in our nervous system and our immune system — that's why they affect so many things. As a [retired] medical, pharmaceutical device person, what I saw was little flags that said they were useful for cancer, diabetes and anxiety.[20] | ” |
Sen. Anastasia Pittman (D-48) stated:[25]
| “ | We see far too many Oklahomans forced to use marijuana to treat some medical condition, and because of the current laws, they run the risk of arrest, a fine and incarceration.
Thousands of children and elderly Oklahomans suffer from some medical condition where marijuana is the only affordable treatment they can find. It is time we change the law to make this type of treatment under a doctor's care in Oklahoma.[20] |
” |
Former Rep. Joe Dorman (D-65), who endorsed the initiative, said:[26]
| “ | I think it is ridiculous, though, that if a doctor says that it is the best treatment for an individual to deal with some kind of health issue, that it is automatically ruled out because of a societal belief that every aspect of it is bad.[20] | ” |
Bobby Griffith, co-pastor of a Presbyterian church and a member of the group Clergy for a New Drug Policy, said, “For myself, I would be interested in a prescription for it to see if it works better than my anxiety and depression medications." Griffith said since the measure has the potential to improve health outcomes and reduce opioid addiction, it is a "moral issue."[28]
The Vote Yes On 788 website made the following arguments:[22]
|
Campaign advertisements
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|
|
Opposition
Americans for Equal Liberty operating as Vote No OK788 led the campaign in opposition to State Question 788. Oklahomans Against 788 was also formed to opposed State Question 788 and created the Facebook page Don't Let Oklahoma Go Up in Smoke.[30][31][32][33]
SQ 788 is Not Medical is a coalition formed to oppose State Question 788. Members of the coalition include the Oklahoma Pharmacists Association, State Chamber of Oklahoma, Oklahoma Sheriffs' Association, Catholic Conference of Oklahoma, Oklahoma State Medical Association, and Oklahoma District Attorneys Association.[34]
Opponents
- Oklahoma State Medical Association[35]
- Oklahoma Faith Leaders[36]
- U.S. Sen. James Lankford (R)[36]
- Russel Moore, president of the Southern Baptist Convention's Ethics and Religious Liberty Commission[28]
- Rev. Paul Abner, Assembly of God pastor and member of Oklahoma Faith Leaders[28]
- SQ 788 is NOT Medical Coalition[37]
- Richard Slater of the Oklahoma DEA[38]
Arguments
The following arguments against State Question 788 were made on the Vote NO OK788 Facebook page:[30]
| “ |
This new effort to legalize recreational pot in OK carries the name medical marijuana, but this is not about medicine. This is full-bore recreational pot legalization with bonuses:
There is so much more here. This is not about medicine. Medicine does not need a referendum. Medicine has guidelines. Medicine holds Drs to account. Medicine does not look like this at all. I never voted to allow Opiates or anti-biotics or Tylenol.[20] |
” |
Pat Hall, a lobbyist and political consultant representing the Oklahoma State Medical Association, said, "State Question 788, in the opinion of the Oklahoma State Medical Association, is not medical marijuana. It is recreational marijuana.”[35]
Roy Williams, president of the Greater Oklahoma City Chamber, said, “The business community has serious concerns about how this state question is written. This state question infringes upon our rights to operate a drug-free workplace. Our opposition centers around our concerns for the safety of employees and the public.”[34]
United States Senator from Oklahoma James Lankford (R-5) said:[29]
| “ | If you read it, it’s a recreational marijuana bill. It’s very clear the way it’s written, to allow people to have access to it, in quantities they can grow, they can store, they can have, and it’s very open on how you get a prescription and what it can be for,” he said. “So, it is most definitely an opening toward recreational marijuana. I do not think the best thing that we can do for our kids is to get their parents and grandparents to smoke more marijuana.[20] | ” |
Executive director-treasurer of the Baptist General Convention of Oklahoma, Hance Dilbeck, said, "The rising popularity of marijuana in America is a major concern. While we understand and agree with the desire to find ways to alleviate suffering through medicine, medical marijuana is an unproven and unwise method, especially the way this state question proposes it be used and distributed."[39]
Richard Slater, head of the Oklahoma DEA, said, “I think Oklahoma will be the first state, if this passes, to have no qualifying medical condition. That means you go to the doctor and say, ‘Even though there’s nothing wrong with me, I’d like a medical marijuana card.'"[38]
Russell Moore, president of the Southern Baptist Convention’s Ethics and Religious Liberty Commission, said, “Every state should seek to protect its people from the trafficking of addictive, mind-altering drugs. Legalizing drugs leaves neighborhoods and schools vulnerable for exploitation. My hope is that Oklahoma will vote down marijuana legalization and continue to put legal barriers between addiction and the communities it devastates."[39]
Dr. Kevin E. Taubman, co-chair of the SQ 788 is NOT Medical coalition said, "Oklahomans must realize this upcoming ballot is a vote on Oklahoma State Question (SQ) 788, NOT true Medical Marijuana as advertised. This is a bad public health policy and that does not resemble a legitimate medical treatment program.”[37]
Wes Glinsmann, executive director of the Oklahoma State Medical Association, said, "The simple fact is under State Question 788, we by far would have the most liberal medical marijuana law in the nation and I don’t think that’s the direction we want to head in as a state."[40]
Media editorials
Support
- Tulsa World wrote, "To be honest, the Tulsa World editorial board is not of one mind on State Question 788. We are troubled by determining pharmaceutical issues by democratic vote. Safety and efficacy, judged as we have other medical treatments for decades through the FDA, are a better system. At the same time, we recognize that marijuana’s medical potential has been artificially ignored by the federal process for a variety of inappropriate reasons. We are convinced that marijuana may offer some relief to some suffering people. SQ 788 isn’t the ideal solution, but it’s the only alternative before voters on June 26. On balance, we recommend that voters approve the question, but we urge legislators to act quickly to fix some of its more troubling defects."[41]
Opposition
- The Oklahoman wrote, "State Question 788 seeks to make 'medical' marijuana legal in Oklahoma. The use of quote marks here is apt because the question is so broad that if it's approved by voters, marijuana would be medical in name only — ours would be the most liberal medical marijuana law in the nation. [...] We look to our neighbor, Colorado, and see the many issues that have resulted from legalization of recreational marijuana — additional tax revenue, yes, but also more youngsters using pot, more law enforcement costs, more illegal marijuana operations springing up — and don't want to see them replicated here in any way. Oklahomans should reject SQ 788."[42]
Other
- The Journal Record wrote, "Because it would create a statute rather than amend the state’s constitution, legislators would have an opportunity to change the law should portions of it prove unmanageable. As worded, it might, but even for recreational purposes, marijuana has proven substantially less harmful than its more socially acceptable counterparts. Pro or con, we hope voters will read SQ 788 and give it serious consideration."[43]
Campaign finance
| Total campaign contributions: | |
| Support: | $280,116.55 |
| Opposition: | $1,261,436.02 |
Two political action committees (PAC) were registered to support the State Question 788: Vote Yes On 788 and Oklahomans for Health SQ 788. The committees had reported $280,116.55 in contributions.[44] As of
The two committees, while both working to support the passage of State Question 788, do not share leadership and are not affiliated. Neither of these two PACs had been registered during the time this initiative was in the signature-gathering phase. The nonprofit organization Oklahomans for Health Inc. managed and funded the signature petition drive for this measure, spending about $27,000 in 2016 on the effort. Those expenses are not included in the tables below.
Two committees, Oklahomans Against 788 and SQ 788 Is Not Medical, were registered to oppose State Question 788. According to the most recent reports available, Oklahomans Against 788 had reported $1.26 million in contributions.[44][45]
Support
The following contribution and expenditures totals are according to the most current reports available:[44]
|
| |||||||||||||||||||||||||||
Top donors
The top five donors in support of this initiative had provided 89.61 percent of the contributions. These donors are listed below.
| Donor | Cash | In-kind | Total |
|---|---|---|---|
| New Health Solutions Oklahoma Inc. | $130,000.00 | $96,903.56 | $226,903.56 |
| Frank Grove | $11,393.87 | $0.00 | $11,393.87 |
| Patrick McMurchy | $6,850.00 | $0.00 | $6,850.00 |
| Oly Mistry | $5,113.95 | $0.00 | $5,113.95 |
| Charles Reeves | $515.24 | $0.00 | $515.24 |
Signature petition drive
The signature petition drive was managed by the nonprofit Oklahomans for Health, a 501(c)(4), not a political action committee; 501(c)(4) organizations are not required to disclose campaign finance information. Oklahomans for Health spent $26,988 on the signature petition drive that qualified State Question 788 for the ballot in 2016. This amount is not included in the campaign finance information above.[18]
Oklahomans for Health had existed as a 501(c)(4) organization since 2014.[25][46][47]
To read more about the history of the support campaign, click here.
Opposition
The following contribution and expenditures totals are according to the most current reports available:[44]
|
| |||||||||||||||||||||||||||
Top donors
The following were the top two donors who contributed to the opposition campaign:[44]
| Donor | Cash | In-kind | Total |
|---|---|---|---|
| Forward Oklahoma City | $190,000.00 | $0.00 | $190,000.00 |
| Newfield Exploration Company | $100,000.00 | $0.00 | $100,000.00 |
| The Chickasaw Nation | $100,000.00 | $0.00 | $100,000.00 |
| Continental Resources | $100,000.00 | $0.00 | $100,000.00 |
| Devon Energy Corporation | $100,000.00 | $0.00 | $100,000.00 |
Reporting dates
In Oklahoma, reports on campaign finance activity are due quarterly, with the actual filing due a month following the reporting period end date. Oklahoma political action committees had to file four campaign finance reports for 2018, with the last due on January 31, 2019. Activity within the last quarter of 2017 was reported in a filing due on January 31, 2018. The filing dates for reports and the periods that those report cover were as follows:[48]
| 2017-2018 campaign finance reporting dates | ||
|---|---|---|
| Deadline | Report | Period |
| 1/31/2018 | Last quarter report for 2017 | 10/1/2017 - 12/31/2017 |
| 4/30/2018 | First quarter report | 1/1/2018 - 3/31/2018 |
| 7/31/2018 | Second quarter report | 4/1/2018 - 6/30/2018 |
| 10/31/2018 | Third quarter report | 7/12018 - 9/30/2018 |
| 1/31/2019 | Fourth quarter report | 10/1/2018 - 12/31/2018 |
Polls
- See also: Ballotpedia's approach to covering polls
- See also: 2018 ballot measure polls
A poll conducted by Sooner Poll in early January 2018 found that 61.8 percent of those surveyed supported State Question 788. Support was highest among Democrats, with 61 percent strongly supporting the measure and an additional 13.6 percent somewhat supporting it. Among Independents, 58.3 percent said they strongly supported State Question 788, and 25 percent said that they somewhat supported it. Among Republicans, 29.6 percent strongly supported it, and 19 percent somewhat supported it.[49]
A second poll conducted by Sooner Poll during May 15-23, 2018, found that 57.5 percent of those surveyed supported State Question 788 while 29.6 percent opposed it. A total of 12.9 percent of respondents were undecided.[50]
| Oklahoma State Question 788 | |||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Poll | Strongly support | Somewhat support | Neutral/no opinion | Somewhat oppose | Oppose | Margin of error | Sample size | ||||||||||||
| SoonerPoll May 15-23, 2018 | 37.1% | 20.4% | 12.9% | 8.5% | 21.1% | +/-4.89 | 401 | ||||||||||||
| SoonerPoll January 4-9, 2018 | 44.6% | 17.2% | 7.4% | 9.4% | 21.4% | +/-4.84 | 409 | ||||||||||||
| AVERAGES | 40.85% | 18.8% | 10.15% | 8.95% | 21.25% | +/-4.87 | 405 | ||||||||||||
| Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org. | |||||||||||||||||||
Background
| Voting on Marijuana | |||
|---|---|---|---|
| |||
| Ballot Measures | |||
| By state | |||
| By year | |||
| Not on ballot | |||
|
Cannabidiol in Oklahoma
On April 30, 2015, Gov. Mary Fallin (R) signed House Bill 2154 (HB 2154), which authorized clinical trials of cannabidiol, also known as cannabis oil or CBD, for persons 18 years old or younger with severe forms of epilepsy.[13][51][52] Gov. Fallin said, "This bill will help get sick children potentially life-changing medicine. By crafting the legislation in a way that allows for tightly controlled medical studies, we can ensure we are researching possible treatments in a responsible and scientific way." Rep. Jon Echols (R-90) and Sen. Brian A. Crain (R-39) sponsored HB 2154 in the Oklahoma Legislature.[53]
Rep. Jon Echols (R-90) introduced House Bill 2835 (HB 2835) to expand access to cannabidiol clinical trials to persons over 18 years old with severe forms of epilepsy and persons with spasticity due to multiple sclerosis or paraplegia, intractable nausea and vomiting, or certain chronic wasting diseases.[14] Rep. Echols said he was inspired to expand access to clinical trials after hearing about a child's reduction in seizures following cannabidiol treatment. He stated, "But under that bill [HB 2154 of 2015] when she turns 18 she can no longer take it. Not only does that not make sense, that’s cruel." Sen. Ervin Yen (R-40) co-sponsored HB 2835 of 2016 with Rep. Echols.[54][55] Gov. Fallin signed HB 2835 on May 16, 2016.[56]
Federal policy on marijuana
- See also: Federal policy on marijuana, 2017-2018
Although the Department of Justice under Presidents Trump (R) and Obama (D) has not prosecuted most individuals and businesses following state and local marijuana laws as of January 2018, both medical and recreational marijuana are illegal under federal law. In November 2017, Attorney General Jeff Sessions (R)—a Trump nominee—told Congress that the policy of his office would stay fundamentally the same as that of the previous two attorneys general, Eric Holder and Loretta Lynch. On January 4, 2018, however, Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allows federal prosecutors to decide whether or not to enforce federal law regarding marijuana.[57][58]
Regarding policy specifically about medical marijuana, Attorney General Jeff Sessions sent a letter on May 1, 2017, to Congress asking legislators to deny recertification to the Rohrabacher-Farr amendment (now called the Rohrabacher-Blumenauer amendment), which had been attached to budget bills concerning the Department of Justice since 2014. The amendment specified that federal funds used by the Justice Department cannot be used to prevent states from allowing medical marijuana.[15]
As of February 2018, Congress had passed short-term renewals of the Rohrabacher-Blumenauer amendment eight times as part of temporary budget continuing resolutions. Most recently, extensions were passed on January 22, 2018, and February 9, 2018, which extended the amendment through to March 23, 2018.[15][59][17]
Medical marijuana in the United States
As of May 2021, 36 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana. Additionally, 10 states had legalized the use of cannabis oil, or cannabidiol (CBD)—one of the non-psychoactive ingredients found in marijuana—for medical purposes.[60] In one state—Idaho—medical marijuana was illegal, but the use of a specific brand of FDA-approved CDB, Epidiolex, was legal.[61] Based on 2019 population estimates, 67.5 percent of Americans lived in a jurisdiction with access to medical marijuana.
Unique instances
Idaho: In 2015, the Idaho State Legislature passed a bill legalizing certain types of CBD oil that was later vetoed by Governor Butch Otter (R). In response, Otter issued an executive order allowing children with intractable epilepsy to use Epidiolex in certain circumstances. [62]
South Dakota: In 2019, the South Dakota State Legislature passed a bill amending one section of law by adding Epidiolex to its list of controlled substances. The bill also exempted CBD from the state's definition of marijuana in that section.[63] Elsewhere in state law, CBD was not exempted from the definition of marijuana. This discrepancy led to confusion that left the legal status of CBD in the state unclear for a year.[64]
After the 2019 changes, Attorney General Jason Ravnsborg (R) issued a statement, wherein he argued all forms of CBD oil, apart from Epidiolex, were illegal under state law.[65] Several state's attorneys expressed disagreement with the Attorney General's statements. Aaron McGown and Tom Wollman, state's attorneys for Minnehaha and Lincoln counties, respectively, issued a joint statement where they said the discrepancy left legality open to differing interpretations. Mark Vargo, the Pennington County state's attorney, said his office would not prosecute CBD cases based on his interpretation of the state law.[64]
On March 27, 2020, Gov. Kristi Noem (R) signed House Bill 1008 into law, which legalized industrial hemp and CBD oil in the state.[66]
Medical marijuana in 2016
In 2016, one of Oklahoma's neighboring states, Arkansas, approved a medical marijuana initiative. The initiated constitutional amendment, titled Issue 6, won 53 percent of the vote in Arkansas. Florida also approved an initiative, Amendment 2, designed to legalize marijuana for medical purposes. Over 70 percent voted in favor of the initiative in Florida. Measure 5 in North Dakota legalized the medical use of marijuana and received 64 percent of the vote. In Montana, voters approved Initiative 182, which was designed to repeal legislative changes, such as limiting medical marijuana providers to three patients, made to state medical marijuana laws. Overall, the 2016 election caused the number of states where medical marijuana is legal to increase from 24 to 28.
The following table details some of the differences between the Oklahoma initiative and the three passed in other states in 2016:
| Issue | Oklahoma State Question 788 | Arkansas Issue 6 | Florida Amendment 2 | North Dakota Measure 5 |
|---|---|---|---|---|
| Changes to law | Statutory law | Constitutional amendment | Constitutional amendment | Statutory law |
| Provisions regarding patients and patient use | ||||
| Qualifying conditions | None; as determined by doctor | 17 qualifying patient conditions and chronic or debilitating diseases with specific symptoms | 10 qualifying patient conditions and others of a similar kind | 9 qualifying patient conditions and chronic or debilitating diseases with specific symptoms |
| Grow-your-own provision | Legally possess 6 mature plants and 6 seedling plants | Does not authorize patients to grow marijuana | Not provided for in amendment | Authorizes patients who live more than 40 miles from a care center to grow 8 marijuana plants |
| Provisions concerning government | ||||
| Tax amount | Subject to 7 percent retail marijuana sales tax | Subject to existing state and local sales taxes | None provided for in amendment | None provided for in statute |
| Revenue allocation | Revenue allocated to cover administration costs and, of the remaining revenue, 75 percent to the General Fund for expenses on education, and 25 percent to the State Department of Health for drug and alcohol rehabilitation | Revenue allocated to cover administration costs and, of the remaining revenue, 50 percent to the Vocational and Technical Training Special Revenue Fund, 30 percent to the General Fund, 10 percent to the workforce training programs, 5 percent to the Department of Health, 4 percent to Alcoholic Beverage Control administrative and enforcement divisions, and 1 percent to the Medical Marijuana Commission | Not provided for in amendment | Not provided for in statute |
| Local prohibition | None permitted | Voters can prohibit dispensaries and facilities in local communities | Not provided for in amendment | Not provided for in statute |
| Provisions regarding dispensaries and cultivation facilities | ||||
| Number of dispensaries | No specifics in initiative | Between 20 and 40 in the state, but no more than four in any one county | Not provided for in amendment | No specifics in initiative |
Initiative sponsor history
March 27, 2014: Oklahomans for Health officially forms
- Oklahomans for Health, a 501(c)(4) organization, led the initiative petition drive that qualified State Question 788 for the ballot. The founding board members of Oklahomans for Health, which was officially formed on March 27, 2014, were Chip Paul, Cynthia Paul, and Frank Grove.[25][67]
Fall 2014: First petition effort does not garner enough signatures
- Not enough signatures were collected within the 90-day window.
May 2016: Second petition effort organized for rewritten initiative law
- The initiative was amended to eliminate certain requirements—such as specific qualifying conditions in addition to physician approval—and the addition of disclosure requirements for the licensing and reporting process and privacy protections for those with medical marijuana cards.
August 23, 2016: Petition verified and State Question 788 qualified for the ballot
- Of the submitted signatures, 67,761 were confirmed as valid by the secretary of state; 65,987 signatures were required for the initiative to make the ballot.
November 6, 2017: Grove removed from board of Oklahomans for Health
- On November 6, 2017, the board of Oklahomans for Health voted unanimously to remove two members from the board, including Frank Grove. Breaking board rules was the reason cited for the removal of Frank Grove. Following his removal from the board of Oklahomans for Health, Grove initially stated that he was in charge of the grassroots group named Oklahomans for Health because he managed the organization's Facebook page. The board of the Oklahomans for Health 501(c)(4) appealed to Facebook and regained control of the Facebook page; the followers of the Facebook page, however, remained as followers of the profile created by Grove called Oklahomans for Cannabis. The Oklahomans for Health website listed Chip and Cynthia Paul, Bridget Wood, Ray Jennings, Heather Fry, Aaron Baker, Sabah Khalaf, Chad Moody, and Norma Sapp as board members as of January 14, 2018.[68][69]
- Grove stated that the division was caused by controversial remarks made by Chip Paul on Twitter.[70]
November 21, 2017: Chip Paul filed registration for Oklahomans for Health SQ 788 PAC
- Chip Paul is the chairperson of the Oklahomans for Health SQ 788 PAC—which is distinct from the Oklahomans for Health 501(c)(4) with regard to campaign finance reporting requirements and other distinctions between a nonprofit and a political action committee. The committee was registered to campaign in support of State Question 788. Paul said, "Oklahomans for Health is the proponent of the upcoming medical cannabis state question SQ788. So what does this mean? It means we wrote the law, built an amazing grassroots organization, petitioned the state in 2014, petitioned the state successfully in 2016, defended the peoples’ right to have this on the ballot at the Supreme Court of Oklahoma level, and have officially 'won' the ballot for June 26th, 2018. Certainly, there are some that have contributed to this effort that do not see things the way we do. They have chosen to form PAC's which will also support SQ788. We fully support any and all YES efforts on SQ788; we won the ballot with our UNITY and we will win the vote with the same principals. We fully realize there are many ways to approach a YES campaign."[71]
December 7, 2017: Frank Grove filed registration for Vote Yes On 788 PAC
- Frank Grove started a PAC called Vote Yes On 788. William Jones, a representative of Vote Yes On 788, stated that the Vote Yes On 788 campaign would kick off in January 2018 and expected to garner endorsements of State Question 788 from NORML and the Marijuana Policy Project. The campaign's website has a section that states, "New Name, Same Folks. We are now known as Oklahomans for Cannabis! The organizers and volunteers behind the 2014 and 2016 petition initiative campaigns for medical cannabis are rebranding our movement and embracing the decentralization that gave Oklahoma a victory in 2016. We are only dedicated to the implementation of medical cannabis law in Oklahoma and have no conflicts of interest."[22][72][73][70]
- Following the division between Grove and Chip Paul, Grove said, "I don't know what Chip's issue is — he's kind of out there on his own." Meanwhile, Chip said of the Vote Yes On 788 group, "They are trying to do this to get attention. It's sad. It's a small group of people and we're [Oklahomans for Health] a very professional organization."[70]
Path to the ballot
The state process
In Oklahoma, the number of signatures required to qualify an initiated state statute for the ballot is equal to 8 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. For a measure to appear on the ballot, signatures must be submitted long enough in advance for the governor to issue an election proclamation, which must be issued and certified to the State Election Board at least 70 days prior to an election.
The requirements to get an initiated state statute certified for the 2018 ballot:
- Signatures: 65,987 valid signatures were required.
- Deadline: The deadline to submit signatures was September 8, 2018; each initiative has a specific deadline as well.
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 for this initiative
State Question 778 was filed with the secretary of state's office on April 11, 2016. Oklahomans for Health sponsored the petition. The secretary of state set the start date of the petition drive for May 14, 2016. Supporters had 90 days, which was until August 11, 2016, to collect the 65,987 valid signatures required for certification.
At 4:46 p.m. on August 11, 2016, the secretary of state's office reported receiving six boxes of signature pamphlets. The office conducted a count of the signatures between August 18 and August 23, 2016.[1] On August 23, the secretary of state's office announced that 67,761 signatures were valid, or 1,774 more signatures than required to make the ballot.[74] The Oklahoma Supreme Court confirmed the 67,761 signatures on September 13, 2016. No challenges were made to the signature count.[75] However, certification was left pending at the time due to an ongoing lawsuit over the ballot title.[76] The lawsuit was resolved on March 27, 2017.[77]
Signatures for the measure were certified in September 2016.[78] However, the date of signature submission, a rewrite of the ballot title, and an ensuing court battle meant the initiative was not certified for 2016. On March 27, 2017, the Oklahoma Supreme Court resolved the lawsuit, ruling in favor of the organization supporting the initiative.[77] The finalized ballot title was certified by the secretary of state on June 15, 2017. On January 4, 2018, Gov. Mary Fallin (R) issued a proclamation setting the primary election on June 26, 2018, as the election date for the initiative. A governor had not selected a date different from the general election for an initiative since 2005.[79]
Cost of signature collection:
Ballotpedia found no petition companies that received payment from the sponsors of this measure, which means signatures were likely gathered largely by volunteers. A total of $26,988.00 was spent to collect the 65,987 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.41.[80]
Ballot title rewrite
On August 18, 2016, Attorney General Scott Pruitt (R) notified the secretary of state that the ballot title was insufficient and required a rewrite. On August 25, the attorney general forwarded the rewritten ballot title to the secretary of state.[79] Lincoln Ferguson, the attorney general's press secretary, said:[81]
| “ | While the Attorney General certainly empathizes with the health care needs some individuals may have with respect to this issue, he firmly believes his role in this process is to put himself in the shoes of all Oklahoma voters as they go to the ballot box on election day, ensuring that they are sufficiently informed by providing an accurate description of the measure’s effects. The proposition itself states there are no qualifying medical conditions, and while a physician has to sign-off on an application for a license, nothing in the law provides a physician will monitor usage.[20] | ” |
Frank Grove, co-chair of Oklahomans for Health, responded to the attorney general's revision of the ballot title, saying:[81]
| “ | His [Pruitt's] politicization of the Initiative and Referendum process flies in the face of its intent. It also threatens the lives of Oklahomans who face life threatening illnesses and need access to medical cannabis today. Whatever the outcome of the judicial process we won't stop until SQ788 is put to a vote by the People.[20] | ” |
Due to the submission date of petition signatures and how the rewrite changed the timeline for certification, the measure did not make the ballot for the election on November 8, 2016.[82][83] However, the initiative remained eligible for the 2018 ballot.[84]
Oklahomans for Health initiated litigation in the Oklahoma Supreme Court to have the original ballot title restored for State Question 788. On March 27, 2017, the Supreme Court ruled in favor of initiative supporters, striking the attorney general's rewritten ballot title and restoring the petitioner's original ballot title.[77]
Lawsuit
| Lawsuit overview | |
| Issue: Ballot language; allegedly misleading and confusing ballot title | |
| Court: Oklahoma Supreme Court | |
| Ruling: Ruled in favor of plaintiffs, reinstating original ballot title | |
| Plaintiff(s): Oklahomans for Health, Chip Paul, and Philip Winters | Defendant(s): Attorney General Mike Hunter (Scott Pruitt prior to federal appointment as EPA Administrator on February 17, 2017) |
| Plaintiff argument: The ballot title uses confusing language that could lead voters to believe they would be legalizing recreational marijuana instead of medical marijuana. | Defendant argument: The ballot title is objective and more accurate than the original. |
Source: Oklahoma State Courts Network and Oklahoma Supreme Court
Oklahomans for Health v. Hunter
In September 2016, Oklahomans for Health filed litigation against Attorney General Scott Pruitt (R) in the Oklahoma Supreme Court. Mike Hunter (R) replaced Pruitt as state attorney general, and defendant in the case, following Pruitt's appointment as EPA Administrator in February 2017. Plaintiffs said that Pruitt's rewrite of the ballot title was misleading and confusing. Plaintiffs also said the rewrite would lead voters to believe the initiative was designed to legalize recreational marijuana, rather than medical marijuana. David Slane, an attorney representing Oklahomans for Health, said, "No elected official has the right to rewrite these ballots in such a way that he would try to unfairly influence voters. Scott Pruitt has a habit, a pattern of doing this."[85][86]
The lawsuit said the introduction of the rewritten ballot title was misleading. The rewritten introduction read, "This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified." The original introduction read, "A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes and must be approved by an Oklahoma Board Certified Physician."[87]
Attorney General Pruitt defended his rewrite, stating, "They use the phrase in the marijuana petition ‘medicinal marijuana.' That is a label. When people hear medicinal marijuana, it creates the impression in their mind that means I access that drug like I access other drugs. ... You access other drugs through a prescription. Here, it doesn’t require a prescription. In fact, it is just a permit for two years."[88]
On March 27, 2017, the Oklahoma Supreme Court ruled in favor of the plaintiffs, replacing Pruitt's ballot title with the original ballot title for State Question 778. The ruling majority was composed of seven justices. One justice dissented.[77][89]
Mike Hunter (R), the state attorney general who succeeded Pruitt in February 2017, provided a statement on the ruling. He said, "The ballot title was reviewed by the Oklahoma Supreme Court and the Court opted to substitute the original ballot title language. We disagree with that result, but respect the decision of the state’s highest court."[90]
The following table compares petitioners' original ballot title and Attorney General Pruitt's rewritten ballot title for State Question 778:[87]
| Petitioners' original ballot title for SQ 788 | Pruitt's amended ballot title for SQ 788 |
|---|---|
|
This measure amends the Oklahoma State Statutes. A yes vote legalizes the licensed use, sale, and growth of marijuana in Oklahoma for medicinal purposes. A license is required for use and possession of marijuana for medicinal purposes and must be approved by an Oklahoma Board Certified Physician. The State Department of Health will issue medical marijuana licenses if the application is eighteen years of older an Oklahoma resident. A special exception will be granted to an applicant under the age of eighteen, however these applications must be signed by two physicians and a parent or legal guardian. The Department will also issue seller, grower, packaging, transportation, research and caregiver licenses. Individual and retail businesses must meet minimal requirements to be licensed to sell marijuana to licensees. The punishment for unlicensed possession of permitted amounts of marijuana for individuals who can state a medical condition is a fine not exceeding four hundred dollars. Fees and zoning restrictions are established. A seven percent state tax is imposed on medical marijuana sales. |
This measure legalizes the licensed use, sale, and growth of marijuana in Oklahoma. There are no qualifying medical conditions identified. Possession and use of marijuana is authorized through a medical marijuana license that is valid for two years, rather than by prescription. An Oklahoma board certified physician must recommend the license using the same accepted standards for recommending other medications, and must sign the application for the license. The State Department of Health must issue a license to an applicant who:
Applications for individuals under eighteen must be signed by two physicians and by a parent or legal guardian. The Department also issues seller, grower, packaging, transportation, research, and caregiver licenses to those who meet certain minimal requirements. A 7 percent state tax is imposed on retail sales of marijuana. Unlicensed possession by an individual who claims to have a medical condition is punishable by a fine not exceeding $400 Local government cannot use zoning laws to prevent the opening of a retail marijuana store. This measure does not change federal law, which makes use, sale, and growth of marijuana illegal. |
How to cast a vote
- See also: Voting in Oklahoma
Poll times
In Oklahoma, all polls are open from 7 a.m. to 7 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote.[91]
Registration requirements
- Check your voter registration status here.
To vote in Oklahoma, one must be at least 18 years old, a United States citizen, and a resident of Oklahoma.[92]
The deadline for registration is 25 days prior to the election.
| “ | You can fill out a Voter Registration Application using the OK Voter Portal "wizard." (Be sure to print, sign, and mail or hand-deliver the application to your County Election Board to complete the process.) Voter registration applications are also available at your County Election Board, most tag agencies, post offices, and libraries and can be downloaded from the State Election Board website..[20] | ” |
| —Oklahoma State Election Board[92] | ||
Once an applicant has been successfully registered, the county election board will mail him or her a voter identification card.[92]
Automatic registration
Oklahoma does not practice automatic voter registration.[93]
Online registration
- See also: Online voter registration
Oklahoma has implemented an online voter registration system. Residents can register to vote by visiting this website.[94]
Same-day registration
Oklahoma does not allow same-day voter registration.[93]
Residency requirements
To register to vote in Oklahoma, you must be a resident of the state.[92]
Verification of citizenship
Oklahoma does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, a voter who submits false information commits a "felony punishable by not more than five years in prison, by a fine of not more than $50,000, or both."[95]
All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment.[96] Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.
Verifying your registration
The Oklahoma State Election Board allows residents to check their voter registration status online by visiting this website.
Voter ID requirements
Early voting
Oklahoma permits early voting. Learn more by visiting this website.
Early voting permits citizens to cast ballots in person at a polling place prior to an election. In states that permit no-excuse early voting, a voter does not have to provide an excuse for being unable to vote on Election Day. States that allow voters to cast no-excuse absentee/mail-in ballots in person are counted as no-excuse early voting states.
Forty-seven states and the District of Columbia permit no-excuse early voting.
Absentee voting
All voters are eligible to vote absentee in Oklahoma. There are no special eligibility requirements for voting absentee.[97]
Applications for absentee ballots must be received by 5 p.m. on the third Monday preceding an election. A returned absentee ballot must then be received by election officials before 7 p.m. on Election Day.[97]
Although all Oklahoma voters are eligible to vote absentee, those who are physically incapacitated, living in a nursing home, or serving in the military or living overseas may request a special absentee ballot designed for their circumstances.[97]
State overview
Partisan control
This section details the partisan control of federal and state positions in Oklahoma heading into the 2018 elections.
Congressional delegation
- Following the 2016 elections, Republicans held both U.S. Senate seats in Oklahoma.
- Republicans held four of five U.S. House seats in Oklahoma, the remaining seat was vacated in April 2018 by Republican Jim Bridenstine.
State executives
- As of September 2018, Republicans held 11 of 12 state executive positions. The remaining position was officially nonpartisan.
- The governor of Oklahoma was Republican Mary Fallin. The state held elections for governor and lieutenant governor on November 6, 2018.
State legislature
- Republicans controlled both chambers of the Oklahoma State Legislature. They had a 72-27 majority in the state House and a 38-8 majority in the state Senate.
Trifecta status
- Oklahoma was a Republican trifecta, meaning that the Republican Party controlled the office of the governor, the state House, and the state Senate.
2018 elections
- See also: Oklahoma elections, 2018
Oklahoma held elections for the following positions in 2018:
- Four U.S. House seats
- Governor and lieutenant governor
- Seven lower state executive positions
- 18 of 35 state Senate seats
- 100 state House seats
- Municipal elections in Oklahoma
Demographics
| Demographic data for Oklahoma | ||
|---|---|---|
| Oklahoma | U.S. | |
| Total population: | 3,907,414 | 316,515,021 |
| Land area (sq mi): | 68,595 | 3,531,905 |
| 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. | ||
As of July 2016, Oklahoma's three largest cities were Oklahoma City (pop. est. 643,648), Tulsa (pop. est. 401,800), and Norman (pop. est. 122,843).[98][99]
State election history
This section provides an overview of federal and state elections in Oklahoma from 2000 to 2016. All data comes from the Oklahoma State Election Board.
Historical elections
Presidential elections, 2000-2016
This chart shows the results of the presidential election in Oklahoma every year from 2000 to 2016.
| Election results (President of the United States), Oklahoma 2000-2016 | |||||
|---|---|---|---|---|---|
| Year | First-place candidate | First-place candidate votes (%) | Second-place candidate | Second-place candidate votes (%) | Margin of victory (%) |
| 2016 |  Donald Trump |
65.3% |  Hillary Clinton |
28.9% | 36.4% |
| 2012 | Mitt Romney |
66.8% | Barack Obama |
33.2% | 33.6% |
| 2008 | John McCain |
65.6% | Barack Obama |
34.3% | 31.3% |
| 2004 | George W. Bush |
65.6% | John Kerry |
34.4% | 31.2% |
| 2000 | George W. Bush |
60.3% | Al Gore |
38.4% | 21.9% |
U.S. Senate elections, 2000-2016
This chart shows the results of U.S. Senate races in Oklahoma from 2000 to 2016. Every state has two Senate seats, and each seat goes up for election every six years. The terms of the seats are staggered so that roughly one-third of the seats are up every two years.
| Election results (U.S. Senator), Oklahoma 2000-2016 | |||||
|---|---|---|---|---|---|
| Year | First-place candidate | First-place candidate votes (%) | Second-place candidate | Second-place candidate votes (%) | Margin of victory (%) |
| 2016 | James Lankford |
67.7% | Mike Workman |
24.6% | 43.1% |
| 2014 | Jim Inhofe |
68.0% | Matt Silverstein |
28.5% | 39.5% |
| 2010 | Tom Coburn |
70.6% | Jim Rogers |
26.1% | 44.5% |
| 2008 | Jim Inhofe |
56.7% | Andrew Rice |
39.2% | 17.5% |
| 2004 | Tom Coburn |
52.8% | Brad Carson |
41.2% | 11.6% |
| 2002 | Jim Inhofe |
57.3% | David Walters |
36.3% | 21.0% |
Gubernatorial elections, 2000-2016
This chart shows the results of the four gubernatorial elections held between 2000 and 2016. Gubernatorial elections are held every four years in Oklahoma.
| Election results (Governor), Oklahoma 2000-2016 | |||||
|---|---|---|---|---|---|
| Year | First-place candidate | First-place candidate votes (%) | Second-place candidate | Second-place candidate votes (%) | Margin of victory (%) |
| 2014 | Mary Fallin |
55.8% | Joe Dorman |
41.0% | 14.8% |
| 2010 | Mary Fallin |
60.4% | Jari Askins |
39.6% | 20.8% |
| 2006 | Brad Henry |
66.5% | Ernest Istook |
33.5% | 33.0% |
| 2002 | Brad Henry |
44.3% | Steve Largent |
42.6% | 1.7% |
Congressional delegation, 2000-2016
This chart shows the number of Democrats and Republicans who were elected to represent Oklahoma in the U.S. House from 2000 to 2016. Elections for U.S. House seats are held every two years.
| Congressional delegation, Oklahoma 2000-2016 | |||||
|---|---|---|---|---|---|
| Year | Republicans | Republicans (%) | Democrats | Democrats (%) | Balance of power |
| 2016 | 5 |
100% | 0 |
0% | R+5 |
| 2014 | 5 |
100% | 0 |
0% | R+5 |
| 2012 | 5 |
100% | 0 |
0% | R+5 |
| 2010 | 4 |
80% | 1 |
20% | R+1 |
| 2008 | 4 |
80% | 1 |
20% | R+1 |
| 2006 | 4 |
80% | 1 |
20% | R+1 |
| 2004 | 4 |
80% | 1 |
20% | R+1 |
| 2002 | 4 |
80% | 1 |
20% | R+1 |
| 2000 | 5 |
83.3% | 1 |
16.7% | R+1 |
Trifectas, 1992-2017
A state government trifecta occurs when one party controls both chambers of the state legislature and the governor's office.
Oklahoma Party Control: 1992-2024
Five years of Democratic trifectas • Fourteen years of Republican trifectas
Scroll left and right on the table below to view more years.
| Year | 92 | 93 | 94 | 95 | 96 | 97 | 98 | 99 | 00 | 01 | 02 | 03 | 04 | 05 | 06 | 07 | 08 | 09 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 | 18 | 19 | 20 | 21 | 22 | 23 | 24 |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Governor | D | D | D | R | R | R | R | R | R | R | R | D | D | D | D | D | D | D | D | R | R | R | R | R | R | R | R | R | R | R | R | R | R |
| Senate | D | D | D | D | D | D | D | D | D | D | D | D | D | D | D | S | S | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R |
| House | D | D | D | D | D | D | D | D | D | D | D | D | D | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R | R |
See also
External links
Basic information
Support
Opposition
Recent news
The link below is to the most recent stories in a Google news search for the terms Oklahoma 2018 Medical Marijuana Initiative. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 Oklahoma Secretary of State, "Initiative 788," accessed October 21, 2016
- ↑ KJRH, "Gov. Fallin sets election date for medical marijuana ballot measure," January 4, 2018
- ↑ NORML, "Oklahoma: Governor Signs Legislation Temporarily Halting Any Further Expansion of State’s Medical Cannabis Industry," accessed June 15, 2022
- ↑ Oklahoma Medical Marijuana Authority, "Lists of Licenses Businesses," accessed June 15, 2022
- ↑ ABC Tulsa, "Applications for medical marijuana available in Oklahoma," accessed August 28, 2018
- ↑ The Norman Transcript, "OMMA collects $6.5M in application fees," accessed November 15, 2018
- ↑ Woodward News, "Medical pros say proposed rules not strong enough," accessed July 10, 2018
- ↑ 8.0 8.1 8.2 8.3 Merry Jane, "Oklahoma Bans Smokable Medical Marijuana, Sparks Lawsuit Threats," accessed July 11, 2018
- ↑ Marijuana Moment, "Oklahoma Governor Approves Less Restrictive Medical Marijuana Regulations," accessed August 7, 2018
- ↑ 10.0 10.1 10.2 KOSU, "Two Groups Sue Oklahoma Over Last-Minute Marijuana Regulations," accessed July 16, 2017
- ↑ 11.0 11.1 11.2 High Times, "Oklahoma Republicans Join Fight Against Medical Marijuana Restrictions," accessed July 18, 2018
- ↑ NORML, "Oklahoma: Attorney General Warns Regulators Acted Improperly When Amending Voter-Initiated Marijuana Measure," accessed July 18, 2018
- ↑ 13.0 13.1 Oklahoma Legislature, "House Bill 2154," accessed October 23, 2016
- ↑ 14.0 14.1 Oklahoma Legislature, "House Bill 2835," accessed October 23, 2015
- ↑ 15.0 15.1 15.2 The Daily Chronic, "Federal Medical Marijuana Protections Temporarily Extended (Again)," December 22, 2017
- ↑ LA Times, "Congress quietly ends federal government's ban on medical marijuana," December 16, 2014
- ↑ 17.0 17.1 Marijuana Business Daily, "Federal medical cannabis protection extended again," February 9, 2018
- ↑ 18.0 18.1 Ballotpedia staff writer Josh Altic, "Email correspondence with representative of Oklahomans for Health," January 16, 2018
- ↑ 19.0 19.1 Enid News, "Medical marijuana would bring steep tax," accessed June 19, 2018
- ↑ 20.00 20.01 20.02 20.03 20.04 20.05 20.06 20.07 20.08 20.09 20.10 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Oklahomans for Health, "Home," accessed January 12, 2018
- ↑ 22.0 22.1 22.2 Vote Yes on 788, "Home," acessed January 4, 2018
- ↑ Oklahomans for Health, "Home," accessed January 4, 2018
- ↑ 24.0 24.1 NORML, "NORML Endorses SQ 788: Oklahoma Medical Marijuana Access Initiative," January 11, 2018
- ↑ 25.0 25.1 25.2 25.3 25.4 Oklahomans for Health, "Homepage," accessed October 21, 2016
- ↑ 26.0 26.1 Oklahoma Gazette, "Group works for legalization of medicinal cannabis," February 24, 2016
- ↑ News 9, "Businesses work to collect signatures for medical marijuana petition," May 31, 2016
- ↑ 28.0 28.1 28.2 28.3 Religion News, "In red-state Oklahoma, marijuana ballot question splits people of faith," accessed June 6, 2018
- ↑ 29.0 29.1 The Shawnee News Star, "SQ 788 Medical Marijuana Legalization Initiative: Voters to make call on controversial bill," accessed May 21, 2018
- ↑ 30.0 30.1 Facebook, "Vote No OK788," accessed January 31, 2018
- ↑ Ballotpedia staff writer, "Email correspondance with representative of Oklahomans Against 788," March 6, 2018
- ↑ Facebook: Don't Let Oklahoma Go Up in Smoke, "Home," accessed March 8, 2018
- ↑ Vote No on SQ 788, "Home," accessed June 1, 2018
- ↑ 34.0 34.1 News OK, "Coalition created to battle against medical marijuana state question," accessed May 16, 2018
- ↑ 35.0 35.1 NonDoc, "Effort forming to oppose SQ 788 on medical marijuana," March 6, 2018
- ↑ 36.0 36.1 Tulsa World, "Lankford: Legalization of medical marijuana would be 'harmful to the social fabric of Oklahoma'" accessed June 1, 2018
- ↑ 37.0 37.1 City Sentinel, "Doc vs. Doc – Two physicians advance sharply opposing views in battle over State Question 788," accessed June 11, 2018
- ↑ 38.0 38.1 Herb, "DEA Chief Tries To Convince Oklahoma To Vote ‘No’ On Medical Marijuana This Month," accessed June 19, 2018
- ↑ 39.0 39.1 Baptist Messenger, "Saying no: Opponents of SQ 788 ‘medical marijuana’ speak up ahead of June 26 vote," accessed June 1, 2018
- ↑ Tulsa World, "Oklahoma's medical marijuana proposal borrows from other states' existing policies, but opponents cite that as cause for concern," accessed June 19, 2018
- ↑ Tulsa World, "Tulsa World editorial: State Question 788 is flawed, but the medical marijuana bill still deserves voters' support," accessed May 29, 2018
- ↑ The Oklahoman, "Oklahoma voters should reject 'medical' pot question," April 29, 2018
- ↑ The Journal Record, "Editorial: Pros and cons of SQ 788," June 4, 2018
- ↑ 44.0 44.1 44.2 44.3 44.4 Oklahoma Ethics Commission, "Homepage," accessed August 1, 2018
- ↑ Tulsa World, "State Question 788 foes report $453,000 media buy to combat medical cannabis ballot measure," accessed June 19, 2018
- ↑ Oklahoma Secretary of State, "Certificate of Incorporation," accessed March 30, 2017
- ↑ ProPublica, "Oklahomans for Health," accessed March 29, 2017
- ↑ Ohio Secretary of State, "Ohio 2017 Campaign Finance Reporting Calendar," accessed November 23, 2016
- ↑ SoonerPoll, "Absent any funded opposition, medicinal marijuana headed for passage," January 12, 2018
- ↑ SoonerPoll, "Primary poll," accessed June 1, 2018
- ↑ Tulsa World, "Oklahoma House passes bill legalizing marijuana-derived drug, cannabidiol," February 12, 2015
- ↑ The Oklahoman, "Oklahoma governor signs cannabidiol oil law," April 30, 2015
- ↑ Oklahoma Legislature, "HB 2154 Bill Info," accessed October 23, 2016
- ↑ Oklahoma Legislature, "House Bill 2835 Bill Info," accessed October 23, 2016
- ↑ News 9, "OK Legislature Considers Legalizing Non-Intoxicating CBD Oil In Adults," March 25, 2016
- ↑ Fox 25, "Fallin signs bill to expand use of marijuana derivative," May 13, 2016
- ↑ Forbes, "Sessions: Obama Marijuana Policy Remains In Effect," November 14, 2017
- ↑ The Hill, "Read: Attorney General Jeff Sessions's memo changing marijuana policy," January 4, 2018
- ↑ Portland Business Journals, "A bipartisan eruption as Jeff Sessions, citing drug epidemic and crime, wants to go after medical marijuana," June 13, 2017
- ↑ This count excludes states that permitted both the use of cannabis oil and medical marijuana.
- ↑ CBD School, "CBD Laws by State 2020 - Just the Facts (is CBD legal in 2020?)," accessed February 28, 2020
- ↑ Idaho Office of Drug Policy, "Cannabidiol (CBD)," accessed February 28, 2020
- ↑ South Dakota Legislature official website, "2019 Senate Bill 22 - Enrolled," accessed February 28, 2020
- ↑ 64.0 64.1 Argus Leader, "Is CBD oil illegal? Confusion reigns over South Dakota's law," April 19, 2019
- ↑ South Dakota Attorney General official website, "Attorney General Ravnsborg clarifies questions regarding industrial hemp and CBD (Cannabidiol) oil," March 25, 2019
- ↑ Argus Leader, "Industrial hemp becomes legal in South Dakota after Noem signs bill," March 27, 2020
- ↑ Oklahoma Secretary of State, "Oklahomans for Health Corporation Information," accessed January 14, 2018
- ↑ Ballotpedia staff writer Josh Altic, "Email correspondence with a representative of the Oklahomans for Health," January 16, 2018
- ↑ Oklahomans For Health, "About Us," accessed January 16, 2018
- ↑ 70.0 70.1 70.2 NewsOK, "Oklahoma election date on medical marijuana remains hazy," December 26, 2017
- ↑ Oklahoma Ethics Commission, "Entity Detail: OKLAHOMANS FOR HEALTH SQ 788," accessed January 14, 2018
- ↑ Oklahoma Ethics Commission, "Political Action Committee Search," accessed January 4, 2018
- ↑ Ballotpedia staff writer, "Telephone correspondence with William Jones," January 2018
- ↑ News on 6, "Oklahoma Medical Marijuana Petition Surpasses Signatures Needed," August 23, 2016
- ↑ The Oklahoman, "Medical pot will see future ballot in Oklahoma after challenge period expires," September 30, 2016
- ↑ Oklahoma Secretary of State, "Outline of the Oklahoma Initiative and Referendum Petition Process," accessed March 29, 2017
- ↑ 77.0 77.1 77.2 77.3 Fox 25, "Supreme Court rejects Pruitt's pot ballot rewrite," March 27, 2017
- ↑ The Oklahoman, "Medical pot will see future ballot in Oklahoma after challenge period expires," September 30, 2016
- ↑ 79.0 79.1 Oklahoma Secretary of State, "Search State Questions," accessed August 22, 2016
- ↑ Ballotpedia staff writer Josh Altic, "Email correspondence with representative of Oklahomans for Health Inc.," January 16, 2018
- ↑ 81.0 81.1 KXII, "Medical marijuana won’t be on Oklahoma ballots in November," September 1, 2016
- ↑ KFOR, "Oklahoma medical marijuana measure likely won’t make it to November ballot," August 30, 2016
- ↑ The Oklahoman, "Medical marijuana state question may not make the November ballot, Oklahoma AG says," August 25, 2016
- ↑ KFOR, "Question to legalize medical marijuana in Oklahoma passes final hurdle, will be placed on future ballot," September 30, 2016
- ↑ Associated Press, "Lawsuit: Ballot rewrite on medical marijuana misleading," September 6, 2016
- ↑ Tulsa World, "Controversy swirls over rewrite of medical marijuana ballot title," August 27, 2016
- ↑ 87.0 87.1 Oklahoma Supreme Court, "Oklahomans for Health vs. Scott Pruitt," September 6, 2016
- ↑ Tulsa World, "AG Scott Pruitt defends revisions on state questions that some deem controversial," September 26, 2016
- ↑ The Oklahoman, Medical marijuana one step closer to Oklahoma ballot," March 27, 2017
- ↑ Sequoyah County Times, "Medical marijuana petitioners win fight with Scott Pruitt over ballot language," March 28, 2017
- ↑ Oklahoma State Election Board, "Frequently Asked Questions," accessed April 27, 2023
- ↑ 92.0 92.1 92.2 92.3 Oklahoma State Election Board, "Voter Registration in Oklahoma," accessed April 27, 2023
- ↑ 93.0 93.1 NCSL, "State Profiles: Elections," accessed August 8, 2024
- ↑ Oklahoma State Election Board, "Phase One of Online Vote Registration is LIVE!" accessed June 8, 2023
- ↑ Oklahoma State Election Board, "Oklahoma Voter Registration Application," accessed November 2, 2024
- ↑ Under federal law, the national mail voter registration application (a version of which is in use in all states with voter registration systems) requires applicants to indicate that they are U.S. citizens in order to complete an application to vote in state or federal elections, but does not require voters to provide documentary proof of citizenship. According to the U.S. Department of Justice, the application "may require only the minimum amount of information necessary to prevent duplicate voter registrations and permit State officials both to determine the eligibility of the applicant to vote and to administer the voting process."
- ↑ 97.0 97.1 97.2 Oklahoma State Election Board, “Absentee Voting,” accessed April 27, 2023
- ↑ Oklahoma Demographics, "Oklahoma Cities by Population," accessed August 30, 2018
- ↑ U.S. Census Bureau, "Quickfacts Oklahoma," accessed August 30, 2018
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