In Oklahoma, two competing efforts to legalize cannabis for adult use are expected to go on the ballot in November. Question 820 would legalize by statute, while Question 819 would do so through a constitutional amendment. In 2018, medical marijuana passed the ballot with 56 percent support, which suggests that full legalization has a real shot.
But Oklahoma’s voters are probably less of an obstacle than the legislature and Governor Kevin Stitt (R). In February 2022, Stitt said that the medical marijuana ballot question had been “misleading” to voters, and claimed that it fostered crime. “You know, as well as I do that, not all of that product is being sold legally,” he said. “Let me be clear: Drug cartels, organized crime, foreign bad actors have no place in the state of Oklahoma.” Then in May, he signed a law placing a two-year moratorium on any new medical marijuana licenses. If voters pass adult-use legalization, it will no doubt be in for a rough ride.
On July 6, Oklahomans for Sensible Marijuana Laws submitted over 164,000 voter signatures to state officials to place Question 820 on the ballot. This measure would legalize for adults over 21, allowing them to buy and possess up to 1 ounce of cannabis. They could also grow up to six adult cannabis plants at home. The state would charge a 15 percent excise tax on cannabis sales, and have its medical marijuana regulators oversee the new industry.
Two provisions in Question 820 are notable. For the first two years, only existing medical marijuana businesses would be licensed as recreational businesses. Oklahoma wouldn’t be the first state to give medical marijuana companies a significant, and controversial, advantage in a new adult-use market—just look at Connecticut or New Jersey.
This provision shows that its writers are paying attention to legalization around the country.
The other provision is rarer among cannabis-legal states. Question 820 would prevent cities and towns from banning cannabis businesses; they could only regulate where and when businesses can operate. This provision shows that its writers are paying attention to legalization around the country. Most cities and towns banned dispensaries in New Jersey, and likewise in New York. Question 820 will prevent this. If legal dispensaries were only available in Oklahoma’s largest urban areas, like Oklahoma City and Tulsa, while everyone else had to drive hours to reach one, that would severely restrict access.
Question 819, meanwhile, has been filed by a different group, Oklahomans for Responsible Cannabis Action. The biggest practical difference is that it would legalize a much larger quantity of cannabis—up to 8 ounces for adults, and up to 12 plants grown at home. To make the November ballot, it needs 178,000 valid signatures, which must be submitted by August 22.
It faces a higher hurdle in this sense, because Question 819 is a constitutional amendment. The motive for this is that it should be harder for lawmakers or the governor to reverse. Any future changes to cannabis law would have to be approved by voters. It’s a direct response to Gov. Stitt’s stance on medical marijuana, which was approved as a statute. (The director of the Question 819 campaign, Jed Green, also worked on the medical marijuana campaign.)
Currently, people who use marijuana are a primary target of Oklahoma’s drug war. According to state data, 45 percent of nearly 12,400 drug arrests statewide in 2020 were for cannabis. Four in 10 of all illicit drug arrests were just for marijuana possession.
Drug arrests overall are going down in Oklahoma. Legalizing cannabis would accelerate this trend.
The racist impact on Oklahomans is equally predictable. In a national study, the ACLU found Black residents were over four times likelier than whites to be arrested for marijuana possession. This disparity worsened between 2010-2018, even as marijuana possession arrests decreased overall.
But drug arrests overall are going down in Oklahoma. They peaked at over 22,400 in 2016 and have dropped every year since. Legalizing cannabis and removing criminal penalties would accelerate this trend.
And to that point—for a past marijuana conviction that would no longer be criminalized, both Questions 819 and 820 would establish people’s right to petition a court for resentencing or record expungement.
But unlike many other legal cannabis states—including California, New Jersey and New York—the expungement process would not be automatic. If you were convicted on a marijuana charge, it would up to you to figure out if you’re eligible, and where and how to petition for relief. That’s a significant barrier to justice.
Nonetheless, if either of the Questions passes and survives potential political interference, it will make a real difference in the lives of thousands of Oklahomans each year who would otherwise be criminalized.
Photograph by Don Goofy via Flickr/Creative Commons 2.0
Show Comments
Brian Kelly
Cannabis consumers deserve and demand equal rights and protections under our laws that are currently afforded to the drinkers of far more dangerous and deadly, yet perfectly legal, widely accepted, endlessly advertised and even glorified as an All-American pastime, alcohol.
Plain and simple!
Legalize Nationwide Federally Now!
It’s time for us, the majority of The People to take back control of our national cannabis policy. By voting OUT of office any and all politicians who very publicly and vocally admit to having an anti-cannabis, prohibitionist agenda! Time to vote’em all OUT of office. Period. Plain and simple.
Politicians who continue to demonize Cannabis, Corrupt Law Enforcement Officials who prefer to ruin peoples lives over Cannabis possession rather than solve real crimes who fund their departments toys and salaries with monies acquired through cannabis home raids, seizures and forfeitures, and so-called “Addiction Specialists” who make their income off of the judicial misfortunes of our citizens who choose cannabis, – Your actions go against The Will of The People and Your Days In Office Are Numbered! Find new careers before you don’t have one.
The People have spoken! Get on-board with Cannabis Legalization Nationwide, or be left behind and find new careers. Your choice.
Brian Kelly
The “War on Cannabis” has been a complete and utter failure. It is the largest component of the broader yet equally unsuccessful “War on Drugs” that has cost our country over a trillion dollars.
Instead of The United States wasting Billions upon Billions more of our yearly tax dollars fighting a never ending “War on Cannabis”, lets generate Billions of dollars, and improve the deficit instead. Especially now, due to Covid-19. It’s a no brainer.
The Prohibition of Cannabis has also ruined the lives of many of our loved ones. In numbers greater than any other nation, our loved ones are being sent to jail and are being given permanent criminal records. Especially, if they happen to be of the “wrong” skin color or they happen to be from the “wrong” neighborhood. Which ruin their chances of employment for the rest of their lives, and for what reason?
Cannabis is much safer to consume than alcohol. Yet do we lock people up for choosing to drink?
Let’s end this hypocrisy now!
The government should never attempt to legislate morality by creating victim-less cannabis “crimes” because it simply does not work and costs the taxpayers a fortune.
Cannabis Legalization Nationwide is an inevitable reality that’s approaching much sooner than prohibitionists think and there is nothing they can do to stop it!
Legalize Nationwide! Support Each and Every Cannabis Legalization Initiative!.
Brian Kelly
In the prohibitionist’s world, anybody who consumes the slightest amount of cannabis responsibly in the privacy of their own homes are “stoners” and “dopers” that need to be incarcerated in order to to protect society.
In their world, any cannabis use equates to cannabis abuse, and it is their God given duty to worry about “saving us all” from the “evils” of cannabis use.
Who are they to tell us we can’t choose cannabis, the safer choice instead of alcohol for relaxation, after a long, hard day, in the privacy of our own homes?
People who consume cannabis are smart, honest, hard working, educated, and successful people too, who “follow the law” also.(except for their cannabis consumption under it’s current prohibition of course) .
Not the stereotypical live at home losers prohibitionists make them out to be. They are doctors, lawyers, professors, movie stars, and politicians too.
Several Presidents of The United States themselves, along with Justin Trudeau, Bill Gates, and Carl Sagan have all confessed to their cannabis use. As have a long and extensive list of successful people throughout history at one point or other in their lives.
Although that doesn’t mean a dam thing to people who will make comments like “dopers” and “stoners” about anybody who uses the slightest amount of cannabis although it is way safer than alcohol.
To these people any use equals abuse, and that is really ignorant and full of hypocrisy. While our society promotes, advertises, and even glorifies alcohol consumption like it’s an All American pastime.
There is nothing worse about relaxing with a little cannabis after a long hard day than having a drink or two of alcohol.
So come off those high horses of yours. Who are you to dictate to the rest of society that we can’t enjoy cannabis, the safer choice over alcohol, in the privacy of our own homes?
We’ve worked real hard our whole lives to provide for our loved ones. We don’t appreciate prohibitionists trying to impose their will and morals upon us all.
Has a cannabis consumer ever forced you to use it? Probably not. So nobody has the right to force anybody not to either.
Don’t try to impose your morality and “clean living” upon everybody else with Draconian Cannabis Laws, and we won’t think you’re such prohibitionist hypocrites.
Legalize Nationwide! Support Each and Every Cannabis Legalization Initiative!
Veronica Henry
Really glad that marijuana is legal in California and because of that, I am able to buy it so easily from STIIIZY DAVIS. It’s been a lifesaver for my depression.
I really hope that Oklahoma legalizes it soon and people in Oklahoma will be able to benefit from the legalization. Nonetheless, really happy to hear the news.