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SQ837 - Oklahoma Responsible Cannabis Act
Additional Information
FAQ
What’s in this petition?
This proposed constitutional amendment allows people 21+ years of age to possess and purchase marijuana in a consumer safe market. Here is a quick overview, by section:
Section 1 - Protects Patient Rights and Medical program
Section 2 - Legalizes marijuana for 21+ adults, lists rights and protections including : Possession, General Protections, Privacy, Impairment Testing, Employment, Medical Care, Parental Rights, 2nd Amendment, Due Process, Homegrow,
Section 3 - No new business license required, all current licenses can do Medical and 21+ sales. Sales to 21+ consumers begin 60 days from passage, home delivery starts 180 days from passage
Section 4 - Conditional limits on new business licenses - requires all commerce of marijuana and THC to be regulated by this Act - Sets conditions for hemp derived product regulation. Sets conditions and license fees ($2500 annually to OMMA) for Grower, Processor, Dispensary, Distributor, Laboratory, and Waste Disposal business licenses. Business may renew annually or once every 5 years. Patient Licenses $100 for two years. Medicare/Medicaid eligible pay $20, Veterans pay nothing. Annual registration fee with Oklahoma Bureau of Narcotics set at ($500)
Section 5 - Ten Percent (10%) excise on 21+ sales, zero percent (0%) tax on MMJ sales, excise tax revenue split 50/50 between state and county governments. (Local and state sales taxes would still apply). Counties and municipalities may charge $100 annual registration fee. No other taxes, fees or permits are allowed by local government. No special taxes allowed
Section 6 - I federally allowed, Oklahoma is open to export. 3% export tax on out of state sales, revenue to state general fund.
Section 7 - Regulations must comply with the Administrative Procedures Act
Section 8 - “Severability Clause” - if one part of this act is unconstitutional, it can be removed without killing the rest of the Act
Section 9 - Act is in effect the day it passes
Section 10 - Definitions
The last 21+ state question 820 failed. Why is this time going to be different?
SQ 820 failed because it was bad language for industry, did not protect consumers and was backed by out of state interests who ignored local grassroots efforts. Our organization members led the efforts of SQ788 in 2018, and opposed SQ 820. Additionally, with the passage of time, the current MMJ program has evolved, and now this Act is needed to help enforcement and protect consumer safety from illegal operators.
If we get enough signatures when could we see it on the ballot?
By filing in March we could see this act on the ballot in 2026. File in March- signature collecting starts as early as July 4th 2025(if no legal challenge) or if challenged around October 2025 - 90 days to gather signatures(Done Jan 1 2026) - 30 days for SOS count- Feb 1 (90) day waiting period - May 1st available for ballot - in time for June 2026 Primary and no later than the 2026 General election.
As a Constitutional amendment, does it tie the hands of lawmakers?
No. Individual rights are secured and safe by this Act. Outside of license types, fees and taxation Industry regulation is left open for lawmakers to make changes and regulate in future years.
How does this affect the current medical marijuana program?
This law protects patient rights and access with NO excise tax on patient card holders. It also allows veterans to get patient licenses without a license fee.
Will my business need to get another license?
No. All existing MMJ business licenses will also be immediately valid for the 21+ market.
Will new licenses be issued?
Yes. While there is no limit on new business applications, lawmakers are allowed to set a limited application period and limit the number of applications submitted by individuals and entities. This provision protects opportunity, while providing current license holders up to a 3 year period before new license applications are accepted.
When would sales start and how does that work?
Sales start 60 days from passage. The difference between an MMJ sale and 21+ sale is determined at the point of sale. Patient cards pay no excise tax, and state IDs pay 10% excise tax.
What are the taxes?
The 7% excise tax on medical marijuana is eliminated. It is replaced with a 10% excise tax on 21+ sales. State and local sales taxes still apply on both medical and 21+ sales. Upon federal legalization, exported marijuana and marijuana products will be subject to a 3% export tax.
Is criminal justice reform included in this Act?
Yes. The reforms in this Act address the root causes of arrest related to possession of marijuana. These simple reforms address metabolite testing to determine impairment, child custody discrimination, and eliminate simple possession of marijuana as a misdemeanor offense.
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