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Oklahoma State Question 807, Marijuana Legalization Initiative (2020)

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Oklahoma State Question 807, 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 807, 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 regulated marijuana for persons 21 years old and older and would have imposed a 15% excise tax on marijuana sales. [1][2]

Text of measure

Ballot title

The ballot title for this measure would have been 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 (but not alter the rights of medical marijuana licensees). 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, regulate, and administer the article pursuant to specified requirements. It 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.

Support

Supporters

Opposition

Ballotpedia did not identify committees, organizations, or individuals opposing the ballot initiative. If you are aware of any opponents or opposing arguments, please send an email with a link to editor@ballotpedia.org.

Background

Recreational marijuana in the United States

See also: History of marijuana ballot measures and laws

As of November 2020, 16 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. Arizona, Montana, and South Dakota approved legalization through initiatives in 2020. New Jersey approved legalization through a legislatively referred constitutional amendment in 2020.[4][5]

The map below details the status of recreational marijuana legalization in the states as of November 2020. 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 and 2020). 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.

Recreational marijuana legalization measures, 2012-2020

The following table provides information on the political context of the states that had voted on legalization measures as of 2022.

Click "Show" to expand the table.


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 by Ryan Kiesel and Michelle Tilley Nichols on December 27, 2019.[1]
  • Proponents filed a previous version of the measure, State Question 806, on December 12, 2019, and withdrew that version on December 23, 2019. Initiative proponent Michelle Tilley Nichols said, "The new ballot initiative strengthens the language of the previously filed initiative to ensure that we are crystal clear that this program does not adversely affect the current Oklahoma medical marijuana industry or its patients."[1][6]
  • Paul Tay, who filed a competing initiative, State Question 808, filed a complaint with the Oklahoma Supreme Court challenging the constitutionality of the measure, arguing that it violates the U.S. Controlled Substances Act and the state's single-subject rule.[1] The Supreme Court heard arguments on February 26, 2020.[7]
  • The signature collection period was set for the initiative to be July 29, 2020, to October 29, 2020.[1]
  • Proponents withdrew the initiative on August 25, 2020.[8]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 Oklahoma Secretary of State, "State Questions," accessed December 30, 2019
  2. ↑ 2.0 2.1 Oklahoma Secretary of State, "State Question 807 full text," accessed December 30, 2019
  3. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  4. ↑ The Hill, "Vermont governor vetoes marijuana legalization," May 24, 2017
  5. ↑ Associated Press, "Illinois becomes 11th state to allow recreational marijuana," June 25, 2019
  6. ↑ Tulsa World, "Recreational marijuana proponents file new petition (copy)," accessed December 30, 2019
  7. ↑ Tulsa World, "Challenges to recreational pot petition to be considered by Oklahoma Supreme Court," accessed February 20, 2020
  8. ↑ OKC Fox, "State Question 807 organizers withdraw, instead of collect signatures during pandemic," accessed January 14, 2022
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