Election 2022: Guide to Legalizing Marijuana in Oklahoma

September 20, 2022

Election 2022: Guide to Legalizing Marijuana in Oklahoma

SQ 820, Oklahoma’s Cannabis Legalization Initiative

The Oklahoma Secretary of State has confirmed that State Question 820 (SQ 820), a statewide measure to legalize adult marijuana use, has enough signatures to qualify for a vote on November 8, 2022.

Whether the measure will actually appear on the ballot remains to be seen. A bureaucratic snafu by the state agency responsible for reviewing citizens’ initiatives jeopardized the measure, and prohibitionists filed four challenges to SQ 820’s place on the ballot. (Kyle Jaeger of Marijuana Moment has an explainer following the threads that make up this tangled mess if you feel like digging into it.)

On September 19, the state Supreme Court was working on the matters, and the ultimate fate of SQ 280 remained uncertain.

Read the full 16-page proposal here: State Question 820.

Is it legalization for medical or adult use?

Adult use (recreational). Marijuana would be legal for all adults over the age of 21.

What is the current law?

Medical marijuana has been legal in Oklahoma since voters passed an earlier measure in June 2018. Cannabis remains illegal for people without a health card.

Oklahoma Marijuana Laws

What the initiative would achieve

Oklahoma’s proposed statewide initiative would legalize cannabis for all adults 21 and older. Other highlights are:

Adults would be legally allowed to possess up to one ounce of cannabis.
Non-medical marijuana products would be subject to a 15% excise tax.
Medical marijuana products would not be subject to excise duty.
The measure would create a court process for people to seek redress for certain past convictions and marijuana-related convictions.

How do I vote in Oklahoma?

This is important: verify yours registration status and ID validity now while there is still time to update both.

Vote in person, on paper ballots Tuesday, November 8, 2022. Polling stations are open nationwide from 7 a.m. to 7 p.m. Click this link to find out where to vote in Oklahoma. You must vote in the county where you are registered.

Remember: You must bring valid ID to vote. Here is a list of valid ID cards in Oklahoma.

Early voting is possible for the parliamentary elections in November. Polling stations will be open for early voting on November 2, November 3, and November 4 from 8 a.m. to 6 p.m. They will also be open on Saturday, November 5th from 8am to 2pm

A limited postal vote is permitted. Postal votes for the November 8 elections must be requested by 5:00 p.m. on October 24, 2022 at the latest. The state website tells you how it’s done.

What is required to pass legalization?

In Oklahoma, a “state issue” need only receive a majority of the votes cast in a statewide election. In other words, 50.01% agreement will pass.

If it happens, when would possession of marijuana be legal?

Possession would become legal for all adults on or about February 8, 2023. The proposal stipulates that the rules contained in the approved initiative would take effect 90 days after voters approve it.

How much can I own?

If 820 passes, adults 21 years and older may possess up to one ounce of cannabis flower, up to 8 grams of cannabis concentrates, and up to 8 grams of cannabis concentrates in an fortified product (food or beverage).

When will legal cannabis shops open?

It’s unclear. SQ 820 clarifies that the state (in the form of the Oklahoma Medical Marijuana Authority) will be required to publish the rules and regulations for a legal system for adult use no later than May 8, 2023.

The initiative does not contain an absolute deadline for store openings. In theory, legal cannabis stores could open as early as late May or June 2023.

Who will run the stores?

For the first two years of legal adult sales, retail sales licenses will only be issued to operators of state-licensed medical marijuana dispensaries that have been in business for at least one year as of February 8, 2023.

Who regulates and grants licenses?

The existing Oklahoma Medical Marijuana Authority (OMMA), which currently regulates MMJ dispensaries, will be expanded to become the state regulator of adult-use cannabis.

Can I open a weed shop?

Until February 6, 2025, the answer is no — unless you already operate a state-licensed medical marijuana dispensary.

The good news is that once the state opens adult cannabis licenses to new businesses, those applications and licenses will be relatively inexpensive. SQ 820 caps the fee for one application and one license at $2,500. That’s a lot less than in other states.

What are the penalties for underage use?

SQ 820 includes a clause that sets the penalty for possession or use by a minor (under the age of 21) at a $100 fine, with the option to attend four hours of drug education or counseling in lieu of the fine.

What are the penalties for owning more than an ounce?

If you’re overweight (possessing more than an ounce of cannabis flower), you’ll be fined $200 — but only if the possession weight is two ounces or less.

It’s unclear what the penalties for holding more than two ounces would be, but likely more severe than a $200 fine.

Can I grow my own?

Home growing would be allowed under the terms of SQ 820. Each adult could grow up to six seedlings plus six mature plants in or near a private home. There would be a total limit of 12 seedlings and 12 mature plants in each private home, regardless of the number of adult occupants.

The plants must be “not visible and recognizable as marijuana from a public place with normal, unenhanced viewing.” In other words, you have to protect it from the public, be it with curtains, a fence or whatever.

Home growers who want their plants to be visible to the public can be fined up to $250.

When could I start growing my own?

Seeds in soil on or about February 6, 2023. The measure’s homegrow rules take effect 90 days after voters approve SQ 820.

Can I smoke a joint in public?

no Smoking or vaping cannabis in public would be punishable by a fine of up to $25 but not arrest.

What about gun ownership protection?

SQ 820 includes a clause protecting the rights of gun owners to legally purchase and enjoy cannabis.

Any other safeguards?

Yes. Oklahoma’s SQ 820 includes a forward-looking provision that protects parents’ right to enjoy cannabis responsibly without risking the loss of their children.

The measure states: “A person shall not be denied custody of, or visitation or parenting time for, a minor child, and there is no suspicion of neglect or child endangerment, for conduct addressed and permitted by this Act, it.” unless the person’s conduct constitutes an unreasonable risk to the safety of the minor.”

Leafly has researched and documented the harm done to parents and children by government child protection agencies who punish law-abiding adults and tear families apart because an adult exercises their right to legal cannabis use.

Cruel marijuana laws make pregnancy a crime

Sponsors of the legalization initiative

Oklahomas for Sensible Marijuana Laws are the leading advocates in Oklahoma and lead the Yes to 820 campaign.

Opponents of the legalization initiative

Early challenges designed to keep SQ 820 out of November’s vote (they failed, it’s on the vote) were spearheaded by Luke Niforatos, head of the prohibitionist Protect Our Kids PAC.

Niforatos has teamed up with a handful of locals, some of whom (according to public-service journalist site Oklahoma Watch, below) are affiliated with the Oklahoma Farm Bureau, the state’s influential agricultural lobbying organization.

Bruce Barcott

Leafly senior editor Bruce Barcott oversees news, investigations and feature projects. He is a Guggenheim Fellow and the author of Weed the People: The Future of Legal Marijuana in America.

Check out Bruce Barcott’s articles

By submitting this form, you are subscribing to Leafly news and promotional emails and agreeing to Leafly’s Terms of Service and Privacy Policy. You can unsubscribe from Leafly email communications at any time.