Cannabis advocates in Oklahoma have drafted a constitutional amendment to legalize cannabis for adults 21 and older, the Oklahoman reports. Oklahomans for Responsible Cannabis (ORCA) filed the proposal last week. If no legal challenge emerges, the campaign must collect at least 172,993 valid signatures from registered Oklahoma voters to get the question on ballots.
The proposal would preserve the state’s existing medical cannabis framework and would exempt medical cannabis purchases from the proposed 10% excise tax on adult-use cannabis purchases. Current medical cannabis patients who retain their patient status would also no longer have to pay the current 7% tax on medical cannabis purchases.
The draft includes protection for cannabis consumers for housing, healthcare, employment, public benefits, education, firearm possession, and financial services. It also includes language around impairment testing for drivers.
“The mere presence of THC metabolites in a person’s blood, urine, hair, hair follicle, or other body fluids or tissues carries no evidentiary weight with regards to current impairment or intoxication. No test which identifies the presence of THC metabolites in a person’s blood, urine, hair, hair follicle, or other body fluids or tissues shall be used as evidence of impairment or intoxication for the purposes of denying any form of healthcare, housing, employment, public assistance, license or licensed activity, public benefit, parental right, educational opportunity, or extracurricular activity.” — ORCA adult cannabis use petition draft
In 2023, Oklahoma voters rejected a proposal to create an adult-use market in the state 62% to 38%. That proposal was sponsored by Yes on 802-Oklahomans for Sensible Marijuana Laws.
ORCA Director Jed Green told the Oklahoman that “one of the fundamental differences” between Question 802 and Question 837 – the one backed by ORCA – “is that SQ 820 would have created a duplicate licensing system that has demonstrably failed in multiple other states.”
“[Oklahoma Medical Marijuana Authority] was already behind on licensure renewals, and there was no way OMMA could handle it,” he said, “or that business should be required to have two separate licenses, two sets of regulations and potentially two sets of storefronts to sell the same product.”
If the proposal is put to voters and approved, cannabis sales could begin within 60 days after passing.
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