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Oklahoma State Question 808, Constitutional Right to Cannabis Consumption Initiative (2020)
| Oklahoma State Question 808, Constitutional Right to Cannabis Consumption Initiative | |
|---|---|
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| Election date November 3, 2020 | |
| Topic Marijuana | |
| Status Not on the ballot | |
| Type Constitutional amendment | Origin Citizens |
Oklahoma State Question 808, the Constitutional Right to Cannabis Consumption Initiative, was not on the ballot in Oklahoma as an initiated constitutional amendment on November 3, 2020.
The initiative would have created a constitutional right to consume cannabis. The measure would have also required those convicted of marijuana offenses to be exonerated and/or released from incarceration.[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 decriminalize cannabis, hemp, and all its related products for all persons. Specifically, it states the right of all persons to cultivate, consume, and consign for sale, barter, or charity of cannabis, and all its related products, while establishing the official State of Oklahoma policy on drug abuse as a public health issue, not in the purview of law enforcement or criminal justice system. ne measure would enjoin all appropriate State Officials to establish the infrastructure for universal basic cannabis access, without regard of the ability to pay. No persons shall be denied employment, equal protection of law, right of self-defense by any available means, or be subjected to any adverse, punitive administrative actions by any State agency, or official, due to cannabis consumption. No persons shall be incarcerated, due to cannabis use, transfer to any other person or corporate entity, or transport to its final destination. All persons currently or formerly incarcerated for cannabis offenses, without any other violence related offenses, shall be exonerated, released as free persons, and reparated for time served, to the fullest extent possible. No State official may assist federal enforcement of the Controlled Substances Act, or any other federal administrative rules prohibiting the same transactional access, as any other substances, such as alcohol, and tobacco. Ille measure establishes state-sponsored financial infrastructure to provide for easy, convenient transactions, quality control, and baseline standards for all cannabis, and related products. The measure provides for extensive public input when specific cases arise to require changes, to allow appropriate State officials to promulgate appropriate administrative rules and procedures to address future needs. The measure allows the State Legislature to impose a reasonable tax to the extent required to promulgate and implement all provisions of the measure, and for no other purposes.
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.
Sponsor
The initiative was filed by Paul Tay.
Background
Recreational marijuana
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
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:
- Signatures: 177,958 valid signatures were required
- Deadline: Each initiative has its own deadline that is 90 days after it was approved to circulate.
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
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| Coronavirus pandemic |
| Select a topic from the dropdown below to learn more.
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- The initiative was filed by Paul Tay on December 27, 2019.[1][7]
- The initiative was cleared for signature gathering beginning on February 12, 2020.[1]
- Signatures for the initiative were due on May 11, 2020, since initiatives in Oklahoma can be circulated for a maximum of 90 days.[1]
- On March 18, the Oklahoma Secretary of State officially tolled the signature gathering deadline for initiative petitions until the governor lifts the state's emergency declaration, which means the window for signature gathering for each initiative will get pushed forward instead of continuing to run during the state's response to the coronavirus pandemic.[8]
- Proponents did not submit signatures by the deadline.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 1.3 Oklahoma Secretary of State, "State Questions," accessed December 30, 2019
- ↑ 2.0 2.1 Oklahoma Secretary of State, "State Question 808 full text," accessed December 30, 2019
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedVermont - ↑ The Hill, "Vermont governor vetoes marijuana legalization," May 24, 2017
- ↑ Associated Press, "Illinois becomes 11th state to allow recreational marijuana," June 25, 2019
- ↑ Tulsa World, "Recreational marijuana proponents file new petition (copy)," accessed December 30, 2019
- ↑ Oklahoma Secretary of State, "Letter from the secretary of state to the public," March 18, 2020
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