SDZ Today News

Law & Politics

Medical

Category: Oklahoma

Auto Added by WPeMatico

Oklahoma Moratorium on New Cannabis Businesses Extended to 2026

May 15, 2023 Published by

Oklahoma Gov. Kevin Stitt recently renewed a moratorium on new medical cannabis businesses. Stitt originally signed legislation for the ban in May 2022, which took effect in August 2022 and was set to expire in August 2024. However, upon signing HB-2095 earlier this month, the moratorium was updated with an extension until August 1, 2026.

The bill gives authority to the Oklahoma Attorney General’s Office, the Oklahoma Bureau of Narcotics and Dangers Drugs Control, and the Oklahoma State Bureau of Investigation to manage the state’s medical cannabis regulation, according to a news report from Oklahoma News4. These agencies will have power to investigate law violations in regards to any commercial cannabis cultivators, processors, researchers, and more.

HB-2095 also states that it’s illegal for medical cannabis growers to employ undocumented immigrants, and establishes a new rule stating that only one cultivation license may be used for a single address or property.

Oklahoma Attorney General Getner Drummond praised the governor for taking action against illegal cannabis activity. “I want to thank Gov. Stitt, as well as Rep. Echols and Sen. Paxton, for this tremendous step forward in Oklahoma’s efforts to stamp out illegal marijuana grow operations,” said Drummond. “The illegal marijuana industry is crawling with Mexican cartels and Chinese crime syndicates that pose a serious threat to public safety, particularly in our rural communities. Gov. Stitt’s approval of HB-2095 ensures the Attorney General’s Office and our excellent law enforcement partners have the tools and authority to shut down these dangerous criminal enterprises.”

Oklahoma’s medical cannabis program has grown rapidly since it’s first licenses were issued in August 2018. On the first day that licenses were available for application submissions, the Oklahoma Medical Marijuana Authority (OMMA) received approximately 1,600 applications. By January 2022, an estimated 400,000 medical cannabis licenses were issued by the OMMA. 

This year in March, Oklahoma voters went to the ballot to decide on recreational cannabis initiative State Question 820. Only 38% voted in favor of the measure, but supporters remain determined. Brian Vicente of Vicente LLP told High Times that “there is still more work to be done” in regard to legalization.

Just after the ballot results, Gov. Stitt discussed the results of the measure with reporters. “I don’t think anybody expected it to be defeated that bad, but as I was traveling the state, I knew Oklahomans didn’t want it,” said Stitt. “They were so tired of a dispensary on every single corner.”

Stitt stated that while he wants to allow patients to use medical cannabis if it can benefit them, but he doesn’t believe that “anybody with a hangnail should be able to get a medical card.”

He also shared that there’s enough cannabis in Oklahoma to supply demand across the country. “That is not what this is supposed to be,” said Stitt. “This was supposed to be medical use in the state of Oklahoma, and it has gotten way out of control. So we have to get rid of the bad actors. We have got to get control over that industry.”

Other legislation introduced after the defeat of State Question 820 have also targeted the illegal industry and some of its common problems.

Recently, Senate Bill 913 was introduced earlier this month, which would require a $50,000 bond for those who obtain a grow license. Should a cultivation property be abandoned, it provides funds to clean up the area. “Ultimately, this will help clean up valuable farmland that has been harmed by illegal operations and allows OMMA or any other appropriate state agency to recoup costs associated with the cleanup,” said one of the bill’s sponsors, Sen. Darcy Jech. SB-913 was signed by Gov. Stitt on April 20.

The post Oklahoma Moratorium on New Cannabis Businesses Extended to 2026 appeared first on High Times.

Oklahoma Growers To Pay $50K Deposit for License Under New Law

May 2, 2023 Published by

It’s getting a lot more expensive to grow medical cannabis under a new Oklahoma law.

Two Republican lawmakers in Oklahoma, Sen. Darcy Jech (R-Kingfisher) and Rep. Anthony Moore (R-Clinton), sponsored a bill that would impose a $50,000 bond in order to gain a grow license. Gov. Kevin Still signed the bill on April 20. 

The reason for the bill is a pile-up of abandoned properties of grow operations that didn’t make it for one reason or another.

“Our state has had many problems with marijuana grows abandoning land and leaving behind a large mess,” Jech said. “This will set a minimum bond amount of $50,000 that can be used to restore the property in the event it is abandoned, or the operation loses its license. Some grows may be required to have a higher bond depending on their reclamation requirements set by the Oklahoma Medical Marijuana Authority (OMMA). Ultimately, this will help clean up valuable farmland that has been harmed by illegal operations and allows OMMA or any other appropriate state agency to recoup costs associated with the cleanup.”

Senate Bill 913 will force cannabis grow businesses to purchase a $50,000 bond from the state that functions similarly to a security deposit. If a grower abandons their property, violates a law or loses their license, the deposit money will be used to restore the property and correct any environmental damage.

News on 6 reports that growers of all kinds will be forced to pay the deposit under the new law. 

Indoor, greenhouse, or light deprivation medical cannabis grow facilities are organized under seven tiers—the largest of which will have to pay an additional $250 per acre on top of the $50,000 deposit. Outdoor medical cannabis grow facilities are organized into eight tiers, and the largest ones will also have to pay an additional $250 per acre. Medical cannabis processor licensees are divided into five tiers.

The bill was introduced on Jan 27. It was amended on March 3. It was approved by both chambers by April 19 before being sent to the governor on April 20.

“The measure sets the bond amount at no less than $50,000.00 for each license, but allows the Oklahoma Medical Marijuana Authority to require a higher bond amount depending upon the reclamation requirements of the approved application,” the engrossed bill summary reads. 

“The measure authorizes a commercial growing operation to operate without obtaining a bond if the Authority verifies that the permitted land has been owned by the licensee for at least a 5-year period prior to submission of application,” the summary continues. “The measure also authorizes the appropriate agency to recall the bond if the property is abandoned or if the Authority revokes the license of the owner. In this instance, the measure requires that the bond is used to defray the costs of restoring the property.” 

The bill summary notes, “no impact is anticipated,” but growers are unlikely to agree with that assessment. Growers may be forced to pay higher than $50,000 if there are reclamation requirements as well.

“The Authority or the Department of Environmental Quality may require a higher amount depending upon the reclamation requirements of the approved application.”

When an illegal or noncompliant grow operation gets shut down, the deposit money would go to restoring the land.

The Oklahoma Bureau of Narcotics (OBN) says it has shut down more than 800 illegal grow operations in the last two and a half years. The problem is massive: According to the OBN, the bureau investigated roughly half of Oklahoma’s licensed growers.

The bill goes into effect immediately. “… This act shall take effect and be in full force from and after its passage and approval,” the bill reads.

The post Oklahoma Growers To Pay $50K Deposit for License Under New Law appeared first on High Times.

Oklahoma Senate Passes Bill Targeting Illegal Weed Industry

March 23, 2023 Published by

The Oklahoma Senate on Tuesday approved legislation that targets the illicit weed industry by requiring medical marijuana businesses to provide proof that they are legally occupying the property where their operations are located. The measure, Senate Bill 806, was approved by the state Senate by a vote of 41-1 on Tuesday and now heads to the state House of Representatives for consideration.

The legislation is one of dozens of bills designed to reign in Oklahoma’s medical marijuana industry that have been introduced following the defeat of a ballot initiative to legalize adult-use cannabis earlier this month. Senator Brent Howard, the author of Senate Bill 806, said that the bill is designed to help law enforcement regulate medical marijuana, which was legalized in 2018 with the passage of a statewide ballot measure. If passed by the House and signed into law by Governor Kevin Stitt, the legislation would limit the number of medical marijuana businesses that can list the same physical address on their license applications.

“Those who regulate our medical marijuana industry are running into problems when they raid a facility only to learn that there are numerous licensees who utilize that one address and all have product stored there,” Howard said about Senate Bill 806. “This makes it nearly impossible for law enforcement to know what product is actually illegal and to properly investigate the case. This measure would limit the number of licenses that can be listed under one address to help improve regulation and shut down illegal business activity.”

Under the bill, applicants for medical marijuana business licenses would be required to provide proof that they own or rent the property at the address listed on the application. Such proof could consist of a copy of an executed deed of conveyance or a signed lease for the property. An address or physical location would not be permitted to have multiple licenses within the same medical marijuana license category. The bill is designed to help the Oklahoma Medical Marijuana Authority (OMMA) and the state Bureau of Narcotics (OBN) identify medical marijuana businesses that are operating without a required license from the state.

“By requiring full disclosure of possessory right, OMMA and OBN will be able to ensure no illegal operations or bad foreign actors are abusing Oklahoma lands and citizens,” Howard said. “This bill would also ensure we know that there are no straw purchasers for illegal foreign owners coming in after the initial application.”

Recreational Weed Measure Failed This Month in Oklahoma

Senate Bill 806 is one of several bills that have been introduced to help regulate medical marijuana, which was legalized in Oklahoma with the passage of State Quest 788 in 2018. With low barriers to entry including license fees for cannabis businesses of only $2,500 and no limit on the number of cannabis dispensaries, Oklahoma’s medical marijuana industry quickly grew to become one of the largest in the nation.

State Question 788 also had few restrictions to qualify for a medical marijuana card, and the number of registered patients now equals nearly 10% of the state’s population. As of November 2022, Oklahoma had more than 2,300 medical marijuana dispensaries, more than the number of gas stations in the state, according to a report from local media.

Earlier this month, the state’s Republican governor said the state of Oklahoma’s medical marijuana program is largely responsible for the failure of a ballot measure to legalize recreational marijuana at a special election on March 7. The proposal, State Question 820, was rejected by nearly 62% of voters.

“There’s enough marijuana, I’ve been told, grown in Oklahoma to supply the entire United States. That’s not what this was supposed to be,” Stitt said after State Question 820 failed at the polls. “This was supposed to be about medical use in the state of Oklahoma, and it’s gotten way out of control.”

“As I was traveling the state, I knew Oklahomans didn’t want it,” Stitt added. “They were so tired of a dispensary on every single corner.”

Since then, state lawmakers have filed dozens of cannabis-related bills for this year’s legislative. This week, state Attorney General Gentner Drummond praised Oklahoma lawmakers for passing three of the measures, including Senate Bill 806.

“Oklahoma’s illegal marijuana grow operations pose a serious threat to public safety, particularly in rural communities invaded by organized criminals from China and Mexico,” Drummond said in a statement on Tuesday. “As the state’s chief law enforcement officer, I am committed to working arm-in-arm with Oklahoma’s law enforcement agencies to deliver justice and restore peaceful order.”

The post Oklahoma Senate Passes Bill Targeting Illegal Weed Industry appeared first on High Times.

Oklahoma Proposes Medical Marijuana Changes After Adult-Use Measure Fails

March 15, 2023 Published by

Oklahoma Gov. Kevin Stitt said last week that he’d seek changes to the state’s medical marijuana program, which leads the nation in the number of dispensaries among all states with regulated cannabis sales. Stitt made his comments following the failure of a ballot measure to legalize adult-use marijuana in Oklahoma that was rejected by 61% of voters in a special election on March 7.

Voters in Oklahoma legalized medical marijuana with the passage of State Question 788 in 2018, making it the 30th state in the nation to legalize the medicinal use of cannabis. With low barriers to entry including license fees for cannabis businesses of only $2,500, a fraction of the amount charged by most states, and no limit on the number of cannabis dispensaries, Oklahoma’s medical marijuana industry quickly grew to become what’s arguably the most robust in the nation. The ballot measure also had few restrictions to qualify for a medical marijuana card, and the number of registered patients now equals nearly 10% of the state’s population. As of November 2022, Oklahoma had more than 2,300 medical marijuana dispensaries, a figure that eclipses the number of gas stations in the state, according to a report from local media.

Medical Marijuana Backlash

But many residents of Oklahoma believe that the fast pace of growth of the medical marijuana industry has outpaced the state’s ability to regulate it. Additionally, the lack of oversight has led to the development of a lucrative illicit industry of cannabis growers who ship their crops to jurisdictions that haven’t yet ended cannabis prohibition.

“There’s enough marijuana, I’ve been told, grown in Oklahoma to supply the entire United States. That’s not what this was supposed to be,” Stitt said last week. “This was supposed to be about medical use in the state of Oklahoma, and it’s gotten way out of control.”

State lawmakers responded last year by passing a bill that put a two-year moratorium on the issuing of new licenses for medical marijuana cultivators, processors and retailers. The state has also put new regulations in place, including a requirement for a seed-to-sale tracking system to monitor the production and movement of cannabis throughout the state. Other new rules include a requirement for cannabis producers to submit water and electricity usage data to state regulators in an attempt to identify businesses that are producing more cannabis than they’re reporting.

Stitt says that the backlash against Oklahoma’s medical marijuana industry was largely responsible for the failure of State Question 820, an initiative that would’ve legalized adult-use cannabis. After being denied a slot on the ballot for the November general election by procedural delays and a state Supreme Court ruling, Stitt announced in October that a special election to decide State Question 820 would be held on March 7.

“As I was traveling the state, I knew Oklahomans didn’t want it,” Stitt said. “They were so tired of a dispensary on every single corner.”

State Question 820 was opposed by law enforcement organizations and many of the state’s Republican leaders, including Stitt. Representatives of the state’s agricultural industry and many residents of the state’s rural areas also expressed opposition to the ballot measure to legalize adult-use cannabis in Oklahoma.

“We’ve seen the negative impact the rapid growth of the unregulated medical marijuana industry has had on Oklahoma agriculture and the rural communities,” said Scott Blubaugh, president of American Farmers and Ranchers. “We’ve seen a rise in farming challenges, and we’ve seen a strain on our rural electric and our rural water utilities.”

Voters Reject State Question 820

State Question 820 failed at the polls in last week’s special election, with 61% of the electorate voting against the measure. The governor attributed the loss to the state of Oklahoma’s existing medical marijuana industry.

“I think Oklahomans had a lot of fatigue around marijuana,” Stitt said. “They clearly do not want recreational marijuana.”

With the fate of SQ 820 now sealed, Stitt and state lawmakers have said that they’ll work to tighten control over Oklahoma’s medical marijuana program. But he acknowledged that they must be careful not to infringe on the will of voters who passed the medical marijuana legalization measure.

“Oklahomans have a big heart: that if it’s [cannabis] going to help someone medically, we want that to happen,” Stitt said. “But we don’t believe everyone with a hangnail should be able to get a medical card.”

So far, dozens of cannabis-related bills have been introduced for the 2023 legislative session, including several bills designed to tighten regulations on the state’s medical marijuana industry. Among them is SB 116, which prohibits commercial medical marijuana growers from being located within 1,000 feet of a place of worship. SB 133 excludes marijuana production from agriculture sales tax exemptions, likely raising the tax liability for cannabis cultivators. Another bill, SB 801, rolls back restrictions on local control of cannabis businesses by allowing municipalities to modify their planning or zoning procedures to forbid medical cannabis businesses to locate in certain areas.

The bills will be considered during the 2023 legislative session that ends on May 26.

The post Oklahoma Proposes Medical Marijuana Changes After Adult-Use Measure Fails appeared first on Cannabis Now.

Oklahoma Voters Reject Recreational Pot Legalization Initiative

March 9, 2023 Published by

Voters in Oklahoma on Tuesday rejected a ballot measure that would have legalized recreational marijuana in the state that already has one of the nation’s most robust medical marijuana programs. Supporters of State Question 820, however, vow to continue the effort to legalize cannabis for adults in Oklahoma.

“Our mission from the very start has been about making a more prosperous, just and safer state,” Yes on 820 campaign director Michelle Tilley said in a statement after the results of Tuesday’s election became apparent. “We are moms and dads who want more revenue in our schools, more resources for law enforcement, and more jobs and investment in communities across the state. Unfortunately, tonight we fell short.”

Oklahoma voters defeated the legalization initiative by a solid margin, with nearly 62% opposed and only 38% voting in favor as of Wednesday morning, with more than 95% of votes counted in all 77 of the state’s counties, according to information from The New York Times. The defeat came following strong opposition from law enforcement groups and Republican politicians including Oklahoma Governor Kevin Stitt. 

Oklahoma Supporters Vow To Continue Legalization Effort

Supporters of SQ 820 had originally planned for the ballot measure to appear before voters during last year’s presidential election, but delays in certifying the measure prevented the initiative from being included on the ballot in November. In October, Stitt announced that voters would go to the polls on March 7 for a special election to vote on the measure.

Brian Vicente, founding partner at the cannabis law firm Vicente LLP and a member of the Yes on 820 campaign’s steering committee, said that the failure of the ballot measure to gain approval at the polls on Tuesday is not the end of cannabis policy reform efforts in Oklahoma, where voters legalized medical marijuana in 2018.

“With a March special election and no other issues on the ballot, we knew from the beginning this would be an uphill battle,” Vicente wrote in an email to High Times. “The results still demonstrate there is significant support for legalizing and regulating cannabis for adult use, and we expect it to continue growing until a similar measure passes in the near future. Overcoming a century of anti-marijuana propaganda is no simple task, and there is still work to be done.”

Had it passed, SQ 820 would have legalized cannabis for adults 21 and older and established a regulatory framework for commercial production and sales of recreational marijuana. The measure also included provisions to allow those with past convictions for some marijuana offenses to petition the courts to have their criminal record expunged. Yes on 820 campaign senior advisor Ryan Kiesel, who helped draft the ballot language, said that the defeat of the measure will continue Oklahoma’s disproportionate enforcement of marijuana prohibition.

“We have thousands of families being torn apart and thrown into chaos every year because a mom or a dad has a small amount of marijuana that would be legal in 21 other states and legal in Oklahoma for medical card holders,” said Kiesel. “Furthermore, the enforcement of Oklahoma’s marijuana laws has historically been deeply slanted against Black Oklahomans, who are much more likely to be arrested than their White counterparts. We must continue to work to end these unjust and wasteful arrests and to give people who do have arrests or convictions on their records the tools to seek expungement and start with a clean slate.”

Jeffrey M. Zucker, co-founder and president of cannabis consulting firm Green Lion Partners and the vice chair of the board of directors of the Marijuana Policy Project (MPP), promised more work to end cannabis prohibition in the Sooner State.

“Today’s decision in Oklahoma is heartbreaking, especially considering how many challenges this bill faced before it got to the ballot and how much work advocates put in,” Zucker said in a statement. “We have a long way to go to undo the damage of the war on drugs, especially in a state where more than 4500 people are arrested annually for cannabis possession.”

Tuesday’s defeat of SQ 820 continues a string of setbacks for the cannabis policy reform movement in traditionally conservative states. In the November general election, voters in Arkansas, North Dakota and South Dakota voted against recreational marijuana ballot measures, while similar proposals succeeded in Maryland and Missouri.

The post Oklahoma Voters Reject Recreational Pot Legalization Initiative appeared first on High Times.

No Cannabis Legalization in Oklahoma

March 8, 2023 Published by

Despite a medical cannabis regime with hundreds of storefront dispensaries, Oklahoma’s voters have said no to full-scale recreational cannabis legalization. On Tuesday, Oklahoma voters rejected a ballot initiative that would have legalized recreational cannabis use for adults over 21. While Oklahoma is a stereotypical conservative state, in the last few years, medical cannabis has been making inroads. That said, Oklahoma joins other conservative-leaning states like Arkansas, North Dakota, and South Dakota, which have said no to cannabis legalization. No Cannabis […]

The post No Cannabis Legalization in Oklahoma appeared first on Cannabis | Weed | Marijuana | News.

Oklahoma Activists Prepare for Recreational Pot Legalization Vote

March 6, 2023 Published by

Voters in Oklahoma will head to the polls on Tuesday to decide on State Question 820, a ballot measure that would legalize recreational marijuana statewide. If passed, the initiative would legalize the possession of cannabis for adults 21 and older and establish a framework to govern the recreational marijuana industry in the state.

Cannabis activists had hoped that State Question 820 (SQ 820) would appear before voters during the 2022 general election, but delays in certifying the measure prevented the initiative from appearing on the ballot last November. In October, Oklahoma Governor Kevin Stitt announced that voters would go to the polls on March 7 to decide the fate of the measure.

As activists prepare for Tuesday’s election, Michelle Tilley, campaign director for the Yes on 820 campaign, says that the cannabis legalization measure gives voters “a chance to reject the ‘Reefer Madness’ style scare tactics being pushed by our opponents and choose instead to support a reform that will make our state more prosperous, more just and more safe.”

“We are working down to the wire to get every last ‘yes’ vote in the state on the phone, on the doorstep, or in the media,” Tilley wrote in an email to High Times. “We are confident that, if Oklahomans turn out to vote, the majority supporting commonsense legalization will prevail.” 

Vote On SQ 820 Delayed By Oklahoma Supreme Court

In July, the group Oklahomans for Sensible Marijuana Laws submitted petitions with signatures from more than 164,000 voters in favor of the legalization initiative, far exceeding the number required to qualify for the ballot. But the secretary of state’s office, which used a new system to verify signatures, took far longer to certify the signatures than in previous elections, leaving too little time to include the question on the November ballot, according to election officials.

The campaign for SQ 820 challenged the decision to delay the vote on the initiative, arguing the group had met all guidance from the government and complied with deadlines for submitting the proposal to state officials. But last month, the state Supreme Court affirmed the decision by election officials and ruled that the measure would not be included on the ballot for the midterm election next month.

“There is no way to mandate the inclusion of SQ820 on the November 2022 general election ballot,” Justice Douglas Combs wrote in the majority opinion. “SQ820 will be voted upon by the people of Oklahoma, albeit either at the next general election following November 8, 2022, or at a special election set by the Governor or the Legislature.”

Special Election Announced In October

In October, Oklahoma Governor Kevin Stitt announced that he was calling a special election for SQ 820 to be held on March 7, setting the stage to finally give the state’s voters the opportunity to decide on the recreational marijuana legalization measure. Since that time, activists have been busy preparing for the vote with public appeals to gain support for the measure. On February 27, retired Army officer Jay Williams asked voters to approve the ballot initiative, saying that SQ 820 would help military veterans cope with the persistent negative effects of their service.

“I proudly served this country to protect our freedom,” Williams said in an ad for the campaign. “But for many veterans, that pride comes with a cost: PTSD. Oklahoma veterans can’t access medical marijuana through the VA, so they suffer or risk harsh punishment, even jail. That’s wrong. Yes on 820 means improved access to medical marijuana for Oklahoma veterans and it reduces punishment for minor marijuana offenses and increases drug treatment to turn lives around.”

If voters approve SQ 820 on Tuesday, the ballot measure would legalize cannabis for adults 21 and older. The initiative would task the state’s existing Oklahoma Medical Marijuana Authority with drafting and implementing rules to regulate the new recreational cannabis industry. The measure also includes provisions to allow those with past convictions for some marijuana offenses to petition the courts to have their criminal record expunged.

SQ 820 would set a 15% tax on sales of recreational marijuana, more than double the 7% tax rate levied on sales of medical cannabis. Taxes generated by the sale of recreational pot would be divided among the state’s General Revenue Fund, local governments that allow licensed adult-use cannabis businesses to operate in their jurisdiction, the state court system, school districts, and drug treatment programs.

The post Oklahoma Activists Prepare for Recreational Pot Legalization Vote appeared first on High Times.

Oklahoma Legalization Campaign Releases New Video To Educate Voters

February 23, 2023 Published by

Oklahoma voters could be making history next month if they pass a legalization ballot for adult-use cannabis. In preparation for this, advocates have begun to increase their efforts to educate residents and boost awareness with a new internet and TV ad campaign.

“Get the facts about State Question 820. The law will regulate and tax marijuana for adults 21 and up,” the new Yes on 820 video states. “It has strict safety requirements for labeling, childproof packaging, and quantity limits to keep us and our kids safe. Plus, it will generate millions for schools and health care, and free up police resources to focus on serious violent crime to make our communities safer. It’s working in other states. It’s time for Oklahoma.”

State Question 820 is the only question on the ballot, and volunteers with Yes on 820 have been out spreading the word. “Shoutout to our awesome volunteers for a huge Saturday canvass! We’re knocking on doors all across our great state reminding folks to vote YES on #SQ820 on March 7, 2023. #YesOn820 #LegalizeIt #Oklahoma #OKC #Tulsa #Norman #Lawton #Stillwater #Edmond #Vote #Election,” the campaign wrote on its Twitter page on Feb. 18. Another post shared the perseverance of volunteers. “Our volunteers knock doors through rain, snow, and injury.”

Campaign Director Michelle Tilley wrote an opinion article for Tulsa World explaining her personal motivation for supporting cannabis legalization, and why others should vote for it as well. “I am a lifelong Oklahoman and a mom of teenaged children. I want my kids to come of age in a prosperous state with good jobs, safe communities and adequately funded state services,” Tilley wrote. “I want to retire here, close to them. For all those reasons I have spent the last 14 months leading the campaign to legalize recreational marijuana in Oklahoma.”

Tilley continued to explain how legalizing cannabis can improve public safety and protect children across the state. “As a mother, I don’t want my children using marijuana. As someone who remembers being a teenager, I also don’t want my kids—or any kids—to have their lives permanently altered if they make a mistake,” Tilley continued. “A criminal arrest for having a small amount of marijuana can make it hard to go to college or get a job.”

“I want Oklahoma kids to thrive in safe, vibrant communities,” Tilley concluded. “Despite what our opposition says, there is no evidence that legalizing recreational marijuana will harm any children anywhere.”

Originally the legalization initiative was supposed to be on the ballot in November 2022. Advocates collected more than enough signatures, but the initiative wasn’t approved in time. The Oklahoma Supreme Court denied the petition in September 2022. In October, Gov. Kevin Stitt announced that he would be placing State Question 820 on the ballot for a special election to be held on March 7.

If passed, the initiative would legalize possession of up to one ounce of cannabis, and allow residents to grow up to six mature plants for personal use. Cannabis products would include a 15% excise tax, and the law would create an Oklahoma Marijuana Revenue Trust Fund, which would fund the program, public education, and more. Any residents who are currently serving prison time for cannabis would be able to file for a petition for resentencing, and those who have already served their sentence would be able to apply for expungement.

Yes on 820 recently released a report, produced by Vicente Sederberg LLP and the Oklahoma Cannabis Industry Association, which projects that if Oklahoma legalizes adult-use cannabis, it could potentially collect up to $821 million in combined medical and recreational cannabis tax revenue.

The post Oklahoma Legalization Campaign Releases New Video To Educate Voters appeared first on High Times.

Federal Judge Rules Gun Ban for Weed Smokers Unconstitutional

February 7, 2023 Published by

A federal judge in Oklahoma City ruled last week that a federal law that prohibits cannabis users from owning firearms is unconstitutional and must not be enforced by prosecutors. Citing a ruling handed down by the U.S. Supreme Court last year that dramatically expanded gun rights, U.S. District Judge Patrick Wyrick dismissed a federal indictment charging an Oklahoma man with violating the ban, ruling that the prohibition denied the defendant of his right to bear arms guaranteed by the Second Amendment to the U.S. Constitution.

Under current federal law, people who use cannabis are prohibited from owning or purchasing firearms because they are “an unlawful user of or addicted to” a controlled substance. The ban applies to all cannabis users, including those who use marijuana products that are legal under state law and the Second Amendment, which protects the right to bear arms for all Americans.

In May 2022, Jared Michael Harrison was arrested by police in Lawton, Oklahoma after officers found marijuana and a loaded revolver in his car during a traffic stop. Harrison told police he was on his way to work at a legal medical marijuana business, although he did not have a state-issued identification card authorizing him to use cannabis medicinally. Federal prosecutors subsequently charged Harrison under the nationwide ban on gun ownership by marijuana users.

Harrison’s attorneys challenged the gun prohibition for cannabis users, arguing that the ban is not consistent with the nation’s historical tradition of regulating firearms. The challenge cited a ruling handed down by the U.S. Supreme Court last year in a case known as New York State Rifle & Pistol Association v. Bruen that set new standards for interpreting the Second Amendment. Under that ruling, gun restrictions enacted by the government must be “consistent with this nation’s historical tradition of firearm regulation.” 

Judge Cites Recent Supreme Court Ruling

Wyrick, an appointee of former President Donald Trump, agreed with Harrison’s attorneys and ruled on Friday that the ban is unconstitutional, writing that “the mere use of marijuana carries none of the characteristics that the Nation’s history and tradition of firearms regulation supports.” The judge rejected the argument of federal prosecutors that Harrison’s status as a marijuana user “justifies stripping him of his fundamental right to possess a firearm” and ruled that the federal ban on gun ownership “is not a constitutionally permissible means of disarming Harrison.” 

Wyrick also noted that the use of cannabis is “not in and of itself a violent, forceful, or threatening act” and that Oklahoma is one of many states that permit the medicinal use of marijuana, despite the continued illegality of cannabis at the federal. Oklahoma voters legalized medical marijuana in 2018, and the state has more than 2,000 licensed dispensaries where patients can obtain medical cannabis.

Laura Deskin, a public defender representing Harrison, said the ruling was a “step in the right direction for a large number of Americans who deserve the right to bear arms and protect their homes just like any other American.”

Brian Vicente, a founding partner of the cannabis and psychedelics law firm Vicente Sederberg LLP, said last week’s court decision in Oklahoma “is a significant expansion in the rights of cannabis consumers.”

“For decades, and across various states, medical cannabis patients have been asked to choose between participating in their state’s legal cannabis program or owning a firearm,” Vicente wrote in an email. “This federal court decision secures the rights of adults to both use cannabis and own guns and effectively removes the restriction, and associated stigma, that these adults face. This is part of a broader trend of conservative states embracing marijuana policy, with both Alabama and Mississippi establishing medical cannabis programs in 2022 and Oklahoma poised to legalize cannabis on March 7 of this year.”

The post Federal Judge Rules Gun Ban for Weed Smokers Unconstitutional appeared first on High Times.

Oklahoma Could Generate Nearly $500M if Recreational Pot is Legalized

February 6, 2023 Published by

While intense campaigns on either side of the issue are attempting to swing the March 7 vote, a new report released by the Yes on 820 campaign shows the myriad economic benefits Oklahoma could look forward to, should adult-use cannabis legalization be enacted.

The report, titled, “An Economic Impact and Tax Analysis of Oklahoma State Question 820,” outlines an analysis performed by Vicente Sederberg LLP and the Oklahoma Cannabis Industry Association, finding that the state is projected to gain $821 million in combined medical and recreational taxes, should State Question 820 pass.

Of that $821 million in tax revenue, $434 million would be new state revenue generated through the proposed 15% excise tax on recreational sales, in addition to standard state and local taxes. Adult-use sales are expected to reach approximately $1.841 billion in recreational sales and $2.478 billion in medical sales to qualified patients over that same five-year period.

Looking immediately ahead, Oklahoma is also estimated to bring in more than $65 million in cannabis tax dollars from recreational sales in 2024 alone, after a single year of implementation, rising to $105 million by 2028.

The analysis assumes that recreational sales will begin on January 1, 2024, even though it’s possible they might start sometime in 2023 if enacted. It also cites the state’s current cannabis market’s trials dealing with a downturn in wholesale prices. While it cites that most market observers believe this is temporary, the report assumed a conservative average price per ounce for retail, at $175.

The report predicts that as the Oklahoma market reaches maturity in 2028, the rate of tax revenue will slow down “due to downward pricing pressures from business competition and free market economic principles.” Authors also state that the report’s projected tax revenue is set at a more conservative pace than what other states have realized recently, meaning that the state could potentially generate far more tax revenue than the analysis predicts.

Recreational legalization seems like the next rational step, as the Oklahoma medical market has shown exceptional strength since it was first enacted. The report notes that the state has the highest patient-to-population rate in the country, around 12%, along with its “impressive growth” since voters first approved it in 2018.

Yes on 820 Campaign Manager Michelle Tilley told ABC 5 News that the group doesn’t take the special election for granted. She emphasized the need for an intense final push to ensure Oklahomans in favor get out and vote, knowing that the question may not pass if they sit back.

“We can feel the energy and intensity picking up,” Tilley said. “More and more people are joining the effort wanting to know how they can help.”

The opposition has generally cited concern for Oklahoma’s children; one new-fly formed coalition against recreational cannabis legalization is titled “Protect Our Kids No 820,” joined by Tulsa County District Attorney Steve Kunzweiler, former governor Frank Keating, and other officials arguing that cannabis accessibility will actually hurt Oklahomans.

“The practical aspect of it is that it’s just not safe for children, it’s really not safe for any adults. We don’t know enough about what’s being put in these substances. I don’t think the regulation has ever approached what they promised us,” Kunzweiler told 2 News Oklahoma, conveniently failing to cite any research displaying the perceived danger of cannabis for “any adults.”

Tilley argued that SQ 820 will actually be a positive step to protect children, in that each product will be stringently regulated and tested. She also cited that new revenue would help to fund education.

Research has shown that, counter to the DA’s argument, that states with legal recreational cannabis do not see an increase in youth consumption. One 2022 study also investigated the notion that cannabis legalization will result in the reduced perception of risk of harm from cannabis among children, though the results found that individual, child-level characteristics were the main indicator around youth attitudes toward cannabis, not state policy.

The post Oklahoma Could Generate Nearly $500M if Recreational Pot is Legalized appeared first on High Times.