Oklahoma Responsible Cannabis Act

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, with rights like Possession, Privacy, Employment Protections, Homegrow, etc.
• Section 3: No new license required for existing businesses. Sales begin 60 days after passage, home delivery starts at 180 days
• Section 4: Outlines license fees and structure for Growers, Processors, Dispensaries, etc.
• Section 5: Establishes 10% excise tax for 21+ sales; 0% for MMJ. Local gov can’t add new taxes
• Section 6: Opens Oklahoma to export if federally allowed
• Section 7: Aligns regulations with Administrative Procedures Act
• Section 8: Severability Clause (keeps rest of Act alive if part is struck down)
• Section 9: Act is effective immediately upon passage
• Section 10: Definitions

SQ 820 failed due to industry-unfriendly language and lack of grassroots support. This new act was developed by leaders from the successful SQ 788 campaign and prioritizes patient rights, industry clarity, and local voices.

If filed in March 2025:

• Signature gathering begins by July or October 2025
• 90 days to collect signatures (by Jan 1, 2026)
• Ballot placement by May 2026 for the June Primary or November 2026 General Election

No. It protects personal rights but allows lawmakers to regulate industry details such as application periods and future rules.

The Act maintains the MMJ program, protects patient rights, eliminates excise tax for patients, and offers license discounts for veterans and low-income patients.

No. All existing licenses will automatically cover both medical and 21+ sales. Delivery will also be allowed 180 days after passage.

• 10% excise tax on 21+ sales
• 0% tax on MMJ sales
• Standard local and state sales taxes still apply
• Annual license fees: $2,500 for businesses, $100 for patients (discounted for Medicare/Medicaid; free for veterans)

Yes. It removes marijuana possession as a misdemeanor and ends discrimination in child custody, employment, and more based on legal cannabis use.

THE DRAFT LANGUAGE
State Question No. __________, Initiative Petition No
WARNING
IT IS A FELONY FOR ANYONE TO SIGN AN INITIATIVE OR REFERENDUM PETITION WITH ANY NAME
OTHER THAN HIS OWN, OR KNOWINGLY TO SIGN HIS NAME MORE THAN ONCE FOR THE MEASURE,
OR TO SIGN THE PETITION WHEN HE IS NOT A LEGAL VOTER
______________________________________________________________________________
INITIATIVE PETITION
To the Honorable John Kevin Stitt, Governor of Oklahoma:
We the undersigned legal voters of the State of Oklahoma respectfully order that the following proposed
Amendment to the Constitution shall be submitted to the legal voters of the State of Oklahoma for their approval or
rejection at the next regular general election (or at a special election as may be called by the Governor), and each for
himself/herself says: I have personally signed this petition; I am a legal voter of the State of Oklahoma; my residence is
correctly written after my name. The time for filing this petition expires ninety (90) days from ________. The question
we herewith submit to our fellow voters is:
Shall the following proposed new Article 31 to the Oklahoma Constitution be approved?
BE IT ENACTED BY THE PEOPLE OF OKLAHOMA THAT A NEW ARTICLE ## TO THE OKLAHOMA
CONSTITUTION BE APPROVED:
CONSTITUTION OF OKLAHOMA, ARTICLE ##
THE OKLAHOMA RESPONSIBLE CANNABIS ACT
SECTION 1. Safeguarding Medical Marijuana
(1) Nothing in this Article shall be construed to limit or abrogate any privilege, right, immunity or defense of
medical marijuana patient licensees, caregiver licensees, or medical marijuana business licensees.
SECTION 2. Personal Rights and Protections
Possession Rights
(1) Any privilege, right, immunity or defense granted by this article shall also be granted to medical marijuana
patient licensees, caregiver licensees, and medical marijuana business licensees.
(2) It shall be lawful for all persons twenty-one (21) years of age and older to grow, purchase, transport, receive,
prepare and consume marijuana and marijuana products. It shall be lawful for all persons twenty-one (21) years
of age and older to possess up to: twelve (12) marijuana plants and the marijuana harvested therefrom; 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 commercially sold
marijuana. These amounts are cumulative. The legislature is permitted to increase these quantities as well as
permit other forms of marijuana.
(3) It shall be lawful for all persons twenty-one (21) years of age and older to purchase, possess and use
marijuana paraphernalia.
(4) Growing or processing amounts in excess of what this section permits for personal possession, or the
distribution in any amount with consideration, shall require a business license issued by the agency responsible
for regulating marijuana.
General Protection Language
(5) No person shall be subject to arrest, prosecution or penalty in any manner under state law or municipal or
county ordinance or resolution including without limitation a civil penalty or disciplinary action by a business,
occupational or professional licensing board or bureau solely on the basis of conduct permitted under this
Article.
(6) No person shall be denied any form of healthcare, housing, employment, public assistance, public benefit,
parental right, educational opportunity, extracurricular activity, licensure or licensed activity including but not
limited to firearm use, firearm ownership and driving a motor vehicle solely on the basis of conduct permitted
under this Article unless failure to do so would result in substantial imminent harm under federal law or
regulations.
(7) A bank, credit union, or other person or entity providing financial services to a licensed marijuana business
in the State of Oklahoma shall not be liable pursuant to any state law or regulation solely for providing said
financial services.
(8) No person providing professional services to a marijuana business shall be subject to arrest, prosecution,
disciplinary action, or penalty in any manner or denied any right or privilege under Oklahoma state, municipal
or county statute, ordinance or resolution, including without limitation a civil penalty or disciplinary action by
any business, occupation or professional licensing board or bureau, solely for providing services to businesses
whose conduct is permitted under this Article.
Privacy
(9) The handling of any records maintained by the agency responsible for regulating marijuana or by businesses
licensed by or contracted with the agency responsible for regulating marijuana shall comply with all applicable
state and federal privacy laws.
Impairment Testing
(10) 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.
(11) No test which identifies the presence of THC metabolites or active THC in a person’s blood, urine, hair,
hair follicle, or other body fluids or tissues shall be used as dispositive for the determination of any violation of
federal or state law or local ordinance.
(12) There is no presumption of impairment or intoxication solely on the basis of the use of marijuana, including
the presence of active THC or THC metabolites. Proof of impairment requires confirmation of impairment
through the use of cognitive, kinetic and/or behavioral evaluations.
Employment
(13) No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely
on the basis of conduct permitted under this Article. However, nothing in this Article shall be construed to
exclude workplace policies which prohibit the use or being under the influence of marijuana during a work shift;
and nothing in this Article shall prohibit the use of tests assessing the presence of active THC for the purpose of
determining impairment.
Medical Care
(14) For the purposes of medical care, including organ transplants, marijuana use does not constitute the use of
an illicit substance or otherwise disqualify a marijuana user from medical care.
(15) No medical practitioner shall deny or alter the treatment of a patient, including the prescribing of scheduled
medications such as opioids or benzodiazepines, solely on the basis of conduct permitted under this Article,
unless that denial or alteration is medically indicated.
(16) It is within the standard of care for a medical practitioner with appropriate prescriptive authority to
prescribe scheduled medications, including opioids and benzodiazepines, to patients without having to modify
the patient’s treatment solely on the basis of conduct permitted under this Article.
Parental Rights
(17) For the purposes of assessing child endangerment, abuse or neglect, marijuana use does not constitute the
use of an illicit substance. There is no presumption of endangerment, abuse or neglect solely on the basis of
conduct permitted under this Article.
(18) No person shall be denied custody of or visitation or parenting time with a minor solely on the basis of
conduct permitted under this Article. There is no presumption of child endangerment, neglect or abuse solely for
conduct permitted under this Article.
(19) The mere presence of active THC or THC metabolites in birthing-related tissues is not solely in itself
dispositive of child endangerment, abuse or neglect.
Licensure Rights (Firearms, Motor Vehicles, etc)
(20) No conduct permitted under this Article shall be the basis for the denial, revocation or suspension of any
state-issued license, including drivers’ licenses, concealed carry permits, occupational or professional licensing.
(21) Nothing in this Article shall be construed to permit operating a motor vehicle while impaired. Nothing in
this Article shall be construed to prohibit testing for active THC as part of a determination of impairment.
Nothing in this Article shall be construed to prohibit the use of breathalyzers, blood tests or other technologies
for assessing the presence of active THC. Nothing in this Article shall prohibit the use of cognitive, kinetic or
behavioral tests for the purpose of determining impairment.
(22) No licensee of the agency responsible for regulating marijuana shall be denied the right to own, purchase,
possess or use a firearm, ammunition, or firearm accessory solely based upon conduct permitted under this
Article.
(23) No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or
otherwise infringe upon the right of a person to own, purchase or possess a firearm, ammunition, or firearm
accessory or any related firearm license or certification based solely on conduct permitted under this Article.
(24) No state or local agency, municipal or county governing authority shall enforce a federal law that prohibits
or restricts firearm use or ownership solely on the basis of conduct permitted under this Article.
Due Process and Equal Protection Rights
(25) No person currently under parole, probation, or other state supervision, or released awaiting trial or other
hearing, shall be punished, have their parole, probation or bail revoked, or otherwise be penalized solely on the
basis of conduct permitted under this Article.
(26) No conduct permitted under this Article shall constitute a reasonable articulable suspicion of any civil
infraction or criminal act or be the sole basis for detention, search, or arrest; notwithstanding when law
enforcement is investigating with a reasonable articulable suspicion that a person is operating a motor vehicle,
motorboat, or other motorized form of transport while impaired.
(27) Marijuana and marijuana products permitted for possession under this Article are not subject to seizure.
This shall not be construed to prohibit law enforcement from such seizures on grounds outside the scope of
conduct permitted under this Article.
(28) No person shall be subject to increased punishment for any crime or civil infraction on the basis of any
conduct permitted under this Article.
Local and Homegrow Rights
(29) There shall be no additional licensing or fees related to homegrows. No municipal or county governing
body or agency may charge any additional fees or require any additional licensing for homegrows.
(30) No ordinance, regulation or statute relating to homegrows shall be unduly burdensome.
(31) Municipal and county governing bodies shall not require additional licensing, permits or fees, or otherwise
restrict or interfere with the rights of persons twenty-one (21) and older to possess, purchase, transport, prepare,
consume, cultivate or grow marijuana within the quantities permitted under this Article.
(32) Nothing in this Article shall be construed to prohibit landlords from restricting homegrows or indoor
smoking or vaping of marijuana and marijuana products in a private residence, except that a lease agreement
shall not prohibit a tenant from lawfully possessing and consuming marijuana or marijuana products by means
other than smoking or vaping. Nothing in this Article shall be construed to restrict business owners from
prohibiting smoking or vaping of marijuana and marijuana products on their premises.
(33) No ordinance, regulation or statute relating to the vaporization or smoking of cannabis shall be more
restrictive than those relating to tobacco use.
SECTION 3. No Further Regulatory Agency or Business Licenses Required
(1) Upon passage of this Article, medical marijuana business licenses shall become “Marijuana Business
Licenses”. Existing medical marijuana business licensees shall be allowed to cultivate, process,
distribute,transport and sell marijuana without any additional license and/or registration by the agencies
responsible for regulation of marijuana.
(2) The same agencies responsible for the regulation of medical marijuana are hereby authorized to regulate
marijuana activities related to this Article.
(3) All licensed marijuana dispensaries shall, sixty (60) days after the passage of this Article, be permitted to sell
marijuana and marijuana products not only to all medical marijuana patient licensees and caregiver licensees,
but also to all persons twenty-one (21) years of age and older. There shall be no additional inventory tracking
requirements placed on marijuana or marijuana products to allow for retail sales. Dispensaries shall simply be
required to collect the applicable taxes for medical marijuana patient licensees or consumers over the age of
twenty-one (21) as authorized by this article,
(4) One hundred and eighty (180) days after the passage of this Article, Dispensary licensees shall be authorized
to deliver marijuana and marijuana products to private residences. The agencies responsible for regulating
marijuana shall adopt regulations, which shall not be unduly burdensome, authorizing the residential delivery of
marijuana and marijuana products.
(5) Unless otherwise specified in this Article, there shall be no further licenses, fees or registrations required by
a state agency, county or municipal government in order for medical marijuana business licensees to engage in
business activities of the same business license type and at the same location for conduct related to this Article.
SECTION 4. Commercial and Patient Licensing
(1) The agencies responsible for regulating marijuana shall issue business licenses and/or registrations with no
limit on the number of licenses issued. The Legislature may adopt laws which create a limited timeframe for
new license applications, unless such laws limit the time to submit an new business license application to less
than 90 days over a three year period. The Legislature may also adopt laws restricting the number of new license
applications made by an individual, person, entity or beneficial owner, provided that any individual, person,
entity or beneficial owner shall be allowed to apply for at least one (1) of each license type.
(2) Commercial licensees in this section are authorized to purchase and sell cannabis, marijuana, and certified
hemp to any other commercial licensees unless otherwise specified in this Article. The limitation in this section
may not apply to naturally occurring THC in hemp grown under a licensing program approved by the Oklahoma
Department of Food and Forestry (ODAFF) and United States Department of Agriculture (USDA).Only
businesses licensed and/or registered by agencies responsible for regulating marijuana shall be allowed to
process or sell THC derived from certified hemp,
(3) Only businesses licensed and/or registered by agencies responsible for regulating marijuana shall be allowed
to grow, produce or sell marijuana or THC, excluding tetrahydrocannabinols specifically approved for medical
use by the FDA.
(4) Marijuana Grower – There shall be no restriction on the amount of marijuana grown, sold or transferred to
marijuana grower, processor, dispensary, or distributor licensees by marijuana grower licensees. Marijuana
grower licenses shall be good for one (1) year and cost twenty-five hundred dollars ($2500).
(5) Marijuana Processor -There shall be no restrictions on the amount of marijuana or marijuana products, that a
marijuana processor licensee may buy, sell, process or distribute to marijuana grower, processor, dispensary, or
distributor licensees.Marijuana processor licenses shall be good for one year and cost twenty-five hundred
dollars ($2500).
(6) Marijuana Dispensary – There shall be no limit on the amount of marijuana or marijuana products bought or
sold by marijuana dispensary licenses to marijuana grower, processor, dispensary or distributor licensees.
Dispensaries shall be authorized to sell marijuana or THC in any form to patient licensees, caregivers and 21+
adults, as well as deliver marijuana and marijuana products to private residences. Marijuana dispensary licenses
shall be good for one (1) year and cost twenty-five hundred dollars ($2500).
(7) Marijuana Distributor – There shall be no limit on the amount of marijuana or marijuana products bought,
stored or sold by marijuana distributor licenses to marijuana grower, processor, dispensary or distributor
licensees. Marijuana distributor licenses shall be good for one (1) year and cost twenty-five hundred dollars
($2500).
(8) Testing Laboratory License – The testing laboratory license shall be good for one (1) year and cost twenty-
five hundred dollars ($2500). Laboratory licensees are not authorized to buy or sell marijuana or marijuana
products.
(9) Marijuana Transport – Marijuana transport licenses shall be good for one (1) year and cost twenty-five
hundred dollars ($2500). Marijuana transport licensees are not authorized to buy or sell marijuana or marijuana
products.
(10) Waste Disposal – Marijuana waste disposal licenses shall be good for one (1) year and cost twenty-five
hundred dollars ($2500). Waste disposal licensees are not authorized to buy or sell marijuana or marijuana
products.
(11) The agency responsible for issuing marijuana business licenses shall adopt regulations which allow any
business license type outlined above in this section to renew their license for a five (5) year period. The fee for
such a license shall not exceed the aggregated five-year cost of the license. Nothing herein shall be deemed as
prohibiting a business from continuing to renew annually.
(12) Patient – Oklahoma Patient licenses shall be issued to any resident of the United States who can provide
state or federally issued personal identification. There shall be no qualifying medical conditions for a patient
license or for the rights to which the patient licensee is entitled in accordance with this Article. Patient licenses
shall require a recommendation from an Oklahoma licensed medical practitioner with prescriptive authority.
Patient license applications shall be approved, rejected or denied within fourteen (14) business days of receipt.
Patient licenses shall be good for two (2) years and shall cost one hundred dollars ($100). Persons on Medicare,
Medicaid, or Soonercare, Shall pay only twenty dollars ($20). Veterans of any branch of armed services of the
United States shall not be required to pay any fee to the licensing authority for a patient license.
(13) The Legislature has the authority to reduce these costs and to expand the discounted rate to additional
groups.
(14) Caregiver – Caregiver licenses shall be issued to persons over the age of twenty-one (21) on behalf of
patients who need assistance with the purchase, cultivation or administration of marijuana or marijuana
products. The parents or legal guardians of a minor patient shall be automatically issued a caregiver license
upon approved application for the minor patient licensee. A caregiver license is good for two (2) years. There
shall be no cost for a caregiver license.
(15) All commercial licensees may be required to pay an annual registration fee of no more than five-hundred
dollars ($500) to the Oklahoma Bureau of Narcotics.
SECTION 5. Taxes and Expenditures
(1) The excise tax rate for marijuana and marijuana products purchased by persons without a valid Oklahoma
medical marijuana patient license or Oklahoma caregiver license shall be ten percent (10%). This rate of ten
percent (10%) may be lowered by the Oklahoma State Legislature. This tax shall be collected at the point of
retail sale.
(2) The Oklahoma Tax Commission shall be responsible for collecting this 10 Percent (10%) excise tax and for
directing Fifty Percent (50%) to the State General Revenue Fund and Fifty Percent (50%) to the county where
the retail sale occurred. Counties may designate a fund of their choosing to receive their portion of excise tax
collections.
(3) Sixty (60) days after the passage of this Article, the excise tax rate for marijuana and marijuana products
purchased by an Oklahoma medical marijuana patient licensee or Oklahoma caregiver licensee shall be reduced
to zero percent (0%).
(4) The State, Counties and Municipalities shall not impose any additional taxes, fees, permits, charges or
restrictions specific to any business or consumer activities regulated hereunder, unless otherwise specified in
this Article. Counties and Municipalities may impose an annual registration fee of up to one hundred dollars
($100).
(5) Counties and Municipalities may collect sales taxes at the same rate as other consumer goods, but shall not
specifically increase taxation of marijuana and marijuana products beyond what is allowed in this Article.
(6) No plants, plant material, processed goods and/or products regulated hereunder shall be considered to have
value for the purpose of ad valorem taxation.
SECTION 6. Relations to Federal Law
(1) Should the federal government legalize marijuana, then the State of Oklahoma shall have no restrictions on
such conduct greater than the restrictions set under federal law.
(2) Should the federal government legalize marijuana, the possession quantities permitted in this Article shall be
raised to the maximums permitted by federal law. Should the federal government legalize marijuana, but not set
specific possession maximums, the legislature shall determine maximum limits but they shall not be below the
maximums indicated in this Article.
(3) Should federal action be taken to allow for the interstate transfer of marijuana, or a relevant court precedent
occurs limiting federal supremacy or expanding states’ rights, or the United States Department of Justice issues
an opinion or memorandum allowing or tolerating the interstate transfer of marijuana and marijuana products,
then said transfer shall be permitted by the State of Oklahoma. Such transfers must be in compliance with the
laws and regulations of both the origin and destination states. The Legislature by statute and the Governor by
executive order are further authorized to permit the interstate transfer of marijuana and marijuana products.
(4) Should the interstate transport or international export of marijuana or marijuana products be permitted by
federal or state action, there shall be a three percent (3%) wholesale tax on all marijuana and marijuana products
exported to entities outside of Oklahoma.
(5) Funds generated by the three percent (3%) wholesale tax shall be collected by the Oklahoma Tax
Commission and shall be deposited in the State General Revenue Fund.
(6) Neither the excise tax designated in this Article for retail sales or state, county or municipal sale taxes in the
State of Oklahoma shall apply to wholesale sales taxed as specified in this section.
SECTION 7. Judicial Review
(1) Any rule or regulation adopted pursuant to this Article must comply with the Oklahoma Administrative
Procedures Act. Any person aggrieved by a final agency order is entitled to seek judicial review in accordance
with Oklahoma law. If the regulatory agency fails to timely promulgate rules required by this Article, any
resident of the state may commence a mandamus action in district court to compel performance by the
regulatory agency in accordance with this Article
SECTION 8. Severability
(1) The provisions hereof are severable, and if any part or provision hereof shall be void, invalid, or
unconstitutional, the decision of the court so holding shall not affect or impair any of the remaining parts or
provision hereof, and the remaining provisions hereof shall continue in full force and effect.
SECTION 9. Effective Date
(1) This Article shall become effective immediately upon its passage.
SECTION 10. Definitions
(1) “Active THC” means unmetabolized tetrahydrocannabinol, as present in a person’s body fluids or tissues, in
contrast to its metabolites.
(2) “Agencies responsible for regulating marijuana” means the Oklahoma Medical Marijuana Authority or its
successor(s) and the Oklahoma Bureau of Narcotics or its successor(s) as established in law.
(3) “Homegrow” means marijuana grown in accordance with this Act by patient licensees, their caregivers or by
consumers who are 21+ years of age
(4) “Marijuana Business License” – Businesses licensed and/or registered by agencies responsible for regulating
marijuana shall to grow, produce or sell marijuana or THC, excluding tetrahydrocannabinols specifically
approved for medical use by the FDA.
(5) “THC” means delta-9-tetrahydrocannabinol, the principal psychoactive constituent of cannabis, along with
its double bond isomers and stereoisomers. For the purposes of this Article, THC excludes
tetrahydrocannabinols approved specifically for medical use by the FDA.
(6) “THC metabolite” means a substance formed through the metabolization of THC.
(7) “Unduly burdensome” means that the measures necessary to comply with the rules or ordinances adopted
pursuant to this Article subject persons, licensees or potential licensees to such an investment of money, time, or
any other resource or asset that a reasonably prudent person or business would not operate a marijuana business
or engage in the personal use, storage or cultivation of marijuana.