Oklahoma’s governor schedules special elections for cannabis legalization initiative in March

Oklahoma Gov. Kevin Stitt announced Tuesday that he has called a special election in March to vote on an initiative that would legalize recreational marijuana in the state. Voters will go to the polls on March 7, 2023 to decide state Question 820, which would legalize cannabis for use by adults 21 and older and authorize commercial cannabis cultivation and sale.

Oklahomans for Sensible Marijuana Laws, the group campaigning for the passage of SQ 820, had hoped the initiative would appear on the ballots for next month’s midterm elections. However, delays in certifying the measure led to state officials announcing that the measure would not be included on ballots for November’s election, a decision upheld by the state Supreme Court last month.

“After all the delays caused by the new signature counting process, we are excited to finally be standing for election on March 7, 2023 so that Oklahoma residents can experience the benefits of the state issue without further delay,” said Michelle Tilley, campaign director for Oklahomans for Sensible Marijuana Law, said in a public statement following Stitt’s announcement. “We are grateful that the voices of over 164,000 Oklahomanes who signed the petition and want to vote on the legalization of adult-use recreational marijuana in Oklahoma were heard.”

The group said it was energized for a five-month campaign to pass SQ 820, writing that “Republicans, Libertarians, Democrats and Independents alike are excited to stop wasting law enforcement resources and reap hundreds of millions of dollars in financial benefits.” associated with the legalization, regulation, and taxation of adult recreational marijuana in Oklahoma.”

Arshad Lasi, CEO of Tulsa cannabis dispensary The Nirvana Group, told the High Times in an email, “It’s exciting that the state government has decided to move forward with the potential legalization of cannabis for adults after all. They seem to realize that opening up the recreational market will be good for the economy, provide better access so people can get the medicines they need and of course open up a new branch of our industry for more demographics.”

The voters decide on the state question 820

If Oklahoma voters pass SQ 820 in March, the initiative would legalize cannabis for adults 21 and older. The ballot initiative would also task the state’s existing Oklahoma Medical Marijuana Authority with drafting and implementing rules to regulate the new recreational cannabis industry. The measure also includes provisions that allow people with prior convictions for some marijuana offenses to ask the courts to have their convictions vacated and their criminal records erased.

State Question 820 would set a 15% tax on sales of recreational marijuana, more than double the 7% tax rate levied on sales of medicinal cannabis. Taxes generated from the sale of recreational cannabis would be split between the state income fund, local governments that allow licensed cannabis companies to use cannabis in their jurisdictions, the state court system, school districts and drug treatment programs.

Stitt has said he supports legalizing marijuana at the federal level. But he opposes SQ820, maintaining the patchwork of cannabis policies that result from government legalization efforts is problematic.

“Do I wish the FBI would let legalized marijuana through? Yes. I think that would solve a lot of problems from all these different states,” Stitt recently told The Associated Press. “But in our state right now trying to protect our state right now, I don’t think it would be good for Oklahoma.”

Supreme Court Nixes State Question 820 by Midterm Ballot

In July, Oklahomas for Sensible Marijuana Laws submitted petitions with signatures from more than 164,000 voters in favor of the legalization initiative, far exceeding the number needed to qualify to vote. But the secretary of state’s office, which used a new system to verify signatures, took much longer to certify signatures than in previous elections, leaving too little time to include the question on the November ballot, according to election officials.

The campaign for SQ 820 challenged the decision to postpone the vote, arguing the group complied with all state guidelines and deadlines for submitting the proposal to state officials. But last month the state Supreme Court upheld the election officials’ decision, ruling that the measure would not be included on the ballot for next month’s midterm elections.

“There is no way to mandate the inclusion of SQ820 in the ballot for the November 2022 general election,” Justice Douglas Combs wrote in the majority opinion. “SQ820 will be elected by the people of Oklahoma, either in the next general election after November 8, 2022, or in a special election designated by the governor or legislature.”

Following Stitt’s announcement Tuesday, Oklahomans for Sensible Laws announced it would be conducting a five-month campaign to urge passage of SQ 820. The group encouraged voters to update their voter registration and support the campaign by visiting YesOn820.com or following its social media accounts @YesOn820.

Oklahoma’s March special election to decide whether to legalize recreational marijuana will follow similar votes in five states next month. Voters in Arkansas, Maryland, Missouri, North Dakota and South Dakota will see all adult cannabis legalization measures on their ballots for the Nov. 8 midterm elections.