A group of activists in Oklahoma said this week that it had finalized two voting proposals that would legalize recreational pot in the state and revise its medical marijuana program.
Oklahomans for Responsible Cannabis Action, or “ORCA” said Tuesday that he had produced the “final drafts” of the two petitions that could help get initiatives on next year’s poll in the state.
Under the proposal Oklahoma Marijuana Regulation and Right to Use Act, it would be permissible for “all persons twenty-one (21) years of age and over to cultivate, purchase, transport, receive, prepare and consume marijuana and marijuana products” and ” possess up to: twelve (12) marijuana plants and the marijuana harvested from them; one (1) ounce of concentrated marijuana; seventy-two (72) ounces of topical marijuana; seventy-two (72) ounces of edible marijuana; eight (8) ounces of suppository marijuana and eight (8) ounces of commercial marijuana.
The petition explicitly addresses “impairment testing”, stating that if the initiative is successful, no “test that identifies the presence of THC metabolites in blood, urine, hair, hair follicles or other Body fluids or tissues should not be used as evidence of impairment or intoxication. for the purpose of refusing any form of healthcare, housing, employment, public assistance, license or authorized activity, public utility, parental rights, educational opportunity or extracurricular activity .
The Oklahoma Marijuana Regulation and Right to Use Act would establish a “removal program,” drawing inspiration from other states that have included retroactive removal in their own legalization efforts.
Oklahoma is moving up a gear
Under the Oklahoma program, a person currently serving time for a pot-related conviction “can file a motion to review the conviction, set aside the conviction and dismiss the case or vary the judgment and the sentence before the court of first instance which rendered the judgment of conviction in the case of the person. request a new conviction, modification or annulment in accordance with this article. “
It would also open the door to a “person who has served time for a conviction, whether by trial, guilty plea or concurrent nolo, whose conduct would have been lawful if this section had been in force at the time of the offense. . , [to] file a petition before the court of first instance which rendered the judgment of conviction in the case of the person for the conviction to be dismissed, struck out and quashed as legally invalid in accordance with this article.
The law would levy a 15% excise tax rate for “marijuana and marijuana products purchased by persons without a valid Oklahoma medical marijuana patient license or Oklahoma caregiver license.” Tax revenues would be distributed among various organizations and causes.
Ten percent of gross retail sales tax collection would go to “the Oklahoma Water Resources Board for infrastructure funding programs aimed at fostering reliable water supply and economic and environmental resilience,” while that five percent would go to the “Department of Human Services to provide for home and community service delivery programs to benefit people with physical and developmental disabilities.”
Another five percent goes to “nonprofit organizations, be they government or community, to increase access to evidence-based low-barrier drug treatment and to support placement, housing and treatment. counseling for people with substance use disorders. . ”
Various other agencies would absorb the remainder of the tax revenues.
The other ORCA petition discusses Oklahoma’s new medical cannabis program, which was established after voters across the state passed a measure legalizing treatment in 2018.
Under the so-called Oklahoma Medical Marijuana Enforcement and Anti-Corruption Act, a newly created state agency called the Oklahoma State Cannabis Commission “would assume all appropriate administrative, regulatory and jurisdictional authority over cannabis, hemp and marijuana plants, their products, and related services as established in the provisions set out in this article. “
The new OSCC would supplant the current Oklahoma Medical Marijuana Authority, which was created to oversee the state’s medical cannabis program.