Oklahoma State Question 806, Marijuana Legalization Initiative (2020)

From Ballotpedia
Jump to: navigation, search
Oklahoma State Question 806, Marijuana Legalization Initiative
Flag of Oklahoma.png
Election date
November 3, 2020
Topic
Marijuana
Status
Not on the ballot
Type
Constitutional amendment
Origin
Citizens


Oklahoma State Question 806, the Marijuana Legalization Initiative, was not on the ballot in Oklahoma as an initiated constitutional amendment on November 3, 2020.

The initiative would have legalized and regulate marijuana for persons 21 years old and older and imposed a 15% excise tax on marijuana sales. [1][2]

The measure was withdrawn on December 23, 2019.[1] Proponents filed a new version of the initiative— State Question 807— which can be found here.

Text of measure

Ballot title

The ballot title for this measure was as follows:[2]

This measure adds a new article to the Constitution, which would generally legalize, regulate and tax marijuana for persons aged 21+ under state law. Specifically, it protects the personal use of marijuana for those 21+, while establishing quantity limits, safety standards, and other restrictions. It maintains prohibitions on impaired driving and distribution to, or use by, those under 21. It would not affect employers' ability to restrict marijuana use by employees. Property owners generally may restrict marijuana on their property. The Oklahoma Marijuana Authority would license and regulate marijuana-related conduct and administer the article pursuant to specified requirements. It provides for local zoning of businesses and permits municipalities, upon popular vote, to limit or prohibit retail licenses. It imposes a 15% excise tax on sales (not applicable to medical marijuana) to fund the Authority, localities where sales occur, schools (for programs to prevent substance abuse and improve student retention and performance), and drug-addiction treatment programs, while ensuring such funds must add to, and not replace, existing funding. It provides a judicial process for people to seek modification, reversal, redesignation or expungement of certain prior marijuana-related judgments and sentences. Its provisions are severable and would take effect in 90 days.

Shall the proposal be approved?

For the proposal - YES

Against the proposal - NO

A "YES" vote is a vote in favor of this measure. A "NO" vote is a vote against this measure. [3]

Full text

The full text of the measure is available here.

Background

Recreational marijuana

See also: History of marijuana ballot measures and laws

As of July 2019, 11 states and the District of Columbia had legalized marijuana for recreational purposes; nine through statewide citizen initiatives, and two through bills approved by state legislatures and signed by governors. Colorado and Washington both opted to legalize recreational marijuana in 2012. In a subsequent Colorado measure, voters enacted a statewide marijuana taxation system. The three ballot measures that passed in 2014 were Oregon's Measure 91, Alaska's Measure 2, and the District of Columbia's Initiative 71. Voters in California, Maine, Massachusetts, and Nevada approved recreational marijuana legalization ballot measures in November 2016. The Vermont State Legislature approved a bill in mid-January 2018 to allow recreational marijuana, and Gov. Phil Scott (R) signed it into law on January 22, 2018. Gov. Scott vetoed a previous bill to legalize marijuana in May 2017. On June 25, 2019, Illinois Gov. J.B. Pritzker signed a bill into law legalizing the use and possession of recreational marijuana. Initiatives legalizing recreational marijuana were on the ballot in November 2018 in Michigan and North Dakota. The Michigan initiative was approved, and the North Dakota initiative was defeated.[4][5][6]

The map below details the status of recreational marijuana legalization in the states as of November 2018. States shaded in green had legalized recreational marijuana usage (the shades of green indicate the years in which ballot measures were adopted; light green indicates measures approved in 2012, medium green indicates measures approved in 2014, medium-dark green indicates measures approved in 2016, and dark green indicates measures approved in 2018). The states shaded in dark gray had defeated ballot measures that proposed to legalize recreational marijuana. States in blue had recreational marijuana approved by the state legislature and signed by the governor. The remaining states (those shaded in light gray) had not legalized recreational marijuana.

Path to the ballot

See also: Laws governing the initiative process in Oklahoma

In Oklahoma, the number of signatures required to qualify an initiated constitutional amendment for the ballot is equal to 15 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; however, they must be submitted a minimum of 60 days before the election to make the ballot.

The requirements to get an initiated constitutional amendment certified for the 2020 ballot:

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 about this initiative

  • The initiative was filed on December 12, 2019.[1]
  • The measure was withdrawn on December 23, 2019.[1]

See also

External links

Footnotes