state question 820 oklahoma petition

a $200 fine for the possession, production, or delivery of marijuana in quantities beyond what is allowed with the option for eight hours of drug counseling for an individual under 21. Posted at 6:42 AM, Jul 05, 2022. and last updated 6:26 PM, Jul 05, 2022. Voters can present a document issued by the United States government, the State of Oklahoma, or a federally recognized tribal government. 7 If SQ 820's proposed amendments become law, there will unquestionably be a proliferation in the cultivation, manufacture, distribution, dispensation, and recreational use of marijuana in Oklahoma. Medical marijuana patients would not be subject to the tax. However, since the issue of the recreational use of marijuana clearly invokes a question pertaining to our Constitutional power to act, I must dissent to approval of the Petition, even if the gist were sufficient. columns: 1; SUMMARY: The Department of Homeland Security (DHS), U.S. 9 The CSA does not violate the anti-commandeering doctrine by preempting state laws which undermine its purpose and objectives. I must dissent, however, from the Court's holding that State Question No. "We have always understood that even where Congress has the authority under the Constitution to pass laws requiring or prohibiting certain acts, it lacks the power to directly compel the States to require or prohibit those acts." SQ 820 would allow adults age 21 and up to legally purchase marijuana from dispensaries without a medical license. It appeared on the March 7, 2023 general ballot. }, .arguments-bm-widget { State questions are placed on the ballot either through legislative referendum or initiative petition, and the initiative petition is through the citizens. In April 2015, Oklahoma passed legislation authorizing an online voter registration system. .sbtotaltable th { Who was behind the campaigns surrounding the initiative? They have dropped the ball, which is why we have asked the Supreme Court to intervene." [31], On September 21, 2022, the Oklahoma Supreme Court ruled 9-0 that proponents "have no clear legal right and [elections officials] have no plain legal duty to put SQ 820 on the November 8, 2022, general election ballot" unless it has met all statutory requirements and that "SQ 820 cannot be printed on ballots in time to comply with the deadline for mailing ballots to absentee voters." Courts must approve such expungements unless theres a risk to public safety. [34], A challenge to the initiative's ballot language was filed by John Stotts, former member of the Pottawatomie County Farm Bureau board of directors; Karma Robinson, president of public affairs and political communications firm GR Pro; and Mary Chris Barth, current member of the Beaver County Farm Bureaus board of directors. Oklahoma State Question 820 was a voter initiative to legalize adult purchasing, possession and consumption of cannabis in the U.S. state of Oklahoma. margin-top: 0 !important; 820, Initiative Petition No. Whitney Bryen/Oklahoma Watch Since 2016, Oklahoma voters have made sweeping changes without the Legislature's input. Law enforcement groups, some Christian denominations and medical and public health associations have argued against passage of the ballot initiative. Yes on 802-Oklahomans for Sensible Marijuana Laws sponsored the initiative. Under SQ820, OMMA would keep its regulating authority under the umbrella of the Oklahoma State Department of Health (OSDH), and create two separate sets of rules for recreational and medical cannabis. 434. On October 18, 2022, Governor Kevin Stitt (R) called a special election for measure to appear on the March 7, 2023, ballot. State Question 820 is the only thing on the ballot in most counties, so a person standing in the ballot box probably showed up specifically to vote for or against it. The following was compiled by Oklahoma Watch from interviews, research and public statements by supporters and opponents. Protect Our Kids said, "SQ 820 does NOT limit on THC content. To register to vote in Oklahoma, you must be a resident of the state. The purpose of the CSA was "to conquer drug abuse and to control the legitimate and illegitimate traffic in controlled substances." SQ 820 is preempted by federal law and, thus, fails to comply with the Oklahoma Constitution. 1 Other Courts have come to the same conclusion. 820 is misleading. State and local courts | Tay argued that signatures collected on Indian lands should be invalidated. Voters resoundingly shot down State Question 820, which would have made recreational pot legal in the state. Landlords could not bar tenants from using or possessing marijuana, although they can prohibit smoking marijuana. Election Board Secretary Paul Ziriax said August 29 (70 days prior to the general election) was the deadline to formally certify measures for the ballot. We believe in ballot access, he said. The state question initially limits recreational business licenses to current medical marijuana business license holders in operation for at least a year before the effective date of SQ 820. So I think the problem with the state question being on the ballot or potentially several state questions on marijuana being on the ballot is the general population is not angry with marijuana, they are angry with lack of enforcement, and they are angry with people who are just blatantly disobeying the laws, and so they are requesting us to clamp down.. "[29], On August 22, 2022, the Secretary of State announced that proponents submitted 117,257 valid signatures and forwarded the signature count report to the Oklahoma Supreme Court. However, anytime something goes into the Constitution, the Legislature either cant do anything to change any aspect of it or they are very limited. I would just encourage people to think about State Question 788. The courts would have been required to grant the resentencing or conviction reversal unless the state proved by clear and convincing evidence in a hearing that "granting the petition would pose an unreasonable risk of danger to an identifiable individual's safety." In ours, ultimately, while they are constitutional amendments, we have sections that designate other sections that can be adjusted by the Legislature. Therefore, the Court need not address it here. Oklahomans for Responsible Cannabis Action director Jed Green said, "The criminal justice reforms and restorative justice is much more potent in [ORCAs initiatives] than it is in 820. After the supreme court determines the sufficiency of signatures, the court orders the secretary of state to publish a notice of the signature submission, the ballot title, and notice that any citizen may file a petition with the supreme court challenging the sufficiency of the signatures or ballot title within 10 days. Marijuana concentrate can take several forms, including liquid, chunks or goo. What are the penalties for violating the personal-use provisions under SQ 820? The gist outlines that employers and landowners can restrict marijuana use and the Oklahoma Medical Marijuana Authority would administer the proposed legislative act and regulate adult-use marijuana. That prohibition on new businesses would last for two years. 903. The right of initiative, however, is not absolute; any citizen may protest the sufficiency or legality of an initiative petition. SQ 820 fails to address the very real concerns of foreign ownership of our land, as well as excessive water and electricity usage that strains our infrastructure. Reefer Madness! At the time of the ruling, there was a possibility for requests for rehearings for two of the legal challenges to State Question 820 that the court previously rejected. And weve also seen a lot of reform that has happened with the current medical system. Its most recent report indicates contributions of about $200,000, according to campaign officials. After the petition is found to have sufficient signatures and all challenges have been resolved, the Secretary of State notifies the governor, who issues an election proclamation. The law requires resentencing, reversing, modifying, and expunging certain prior marijuana-related judgments and sentences unless the State proves an unreasonable risk to a person. establish licensing processes, procedures, and fees; develop standards, procedures, and requirements for cultivation, manufacturing, distributing, dispensing, and testing marijuana products; create labeling standards listing THC and CBD amounts and establish packaging requirements; create procedures to prevent sales to underage individuals; prohibit advertising marijuana products that would be attractive to children or resemble candy or other products; provide that no adult-use dispensaries may be located within 1,000 feet from a school; and. In 2022, five states decided on marijuana legalization ballot measures. OKLAHOMA CITY State . 8 When we confronted this issue in the past, it was asserted that the CSA could not be understood as preempting state laws which legalize trafficking in marijuana because that would mean the CSA violates the anti-commandeering doctrine. An initiative petition is seeking to ask voters in November to legalize the recreational use of marijuana in Oklahoma. width: 50%; Eight hours of drug education or counseling could take the place of the fine. .sbtotalheader { State Question 820 would have legalized marijuana for adults 21 years old and older. According to medical doctors, when children ingest high THC edibles that look like candy, cookies, or chips they are at risk for siezures or even coma. You can explore additional available newsletters here. 820's gist is misleading.2 The gist of an initiative petition must be "free from the taint of misleading terms or deceitful language" and inform signers of the initiative petition of the "potential effects" so those signers understand the changes that would be made to Oklahoma's statutory code. 807, 2020 OK 57, 468 P.3d 383 (Kane, J., dissenting), the sale, possession, and use of marijuana is preempted by Federal law, specifically the Federal Controlled Substances Act (CSA).1. Ballotpedia lists the positions of and excerpts from editorials supporting or opposing ballot measures from the editorial boards of certain media outlets. [39] As of June 2023, this system was not yet fully active; already-registered voters could update their information, while new voters could not register online. Adults 21 and older who possess, produce or transport no more than twice the limits of personal use products could face civil fines of $200 or less and forfeiture of the product. The court ruled that the measure will be voted on at the next general election following November 8, 2022, or at a special election set by the Governor or the Legislature. Facts: State Question 820 would legalize, regulate, and tax the personal use of marijuana by adults. It also raises the bar on signature verification, from three to four data points matching against voter registration data. Public policy. The measure prohibited municipalities from restricting zoning laws to prevent marijuana dispensaries. We are still seeing stories of people sitting in jail for small amounts of marijuana. In the central U.S., voters in Arkansas, Missouri, North Dakota, and South Dakota considered citizen-initiated measures to legalize marijuana. } -webkit-columns: 1; There are a lot of Oklahomans who are interested in recreational use but dont want to go through the patient process.. It is hard to conceive how retroactive application of the legalization of certain uses of marijuana is not germane to the legalization of marijuana. The committee reported $279,450.26 in contributions and $279,450.26 in expenditures. [37], To vote in Oklahoma, one must be at least 18 years old, a United States citizen, and a resident of Oklahoma.[38]. There have been discussions among industry groups about asking the Legislature to change the agencys name if SQ 820 were to pass. Several groups affiliated with law enforcement, business groups and churches have come out against SQ 820, including the Oklahoma Sheriffs Association, Oklahoma District Attorneys Association, Oklahoma Association of Chiefs of Police, State Chamber of Oklahoma, Oklahoma Farm Bureau, Greater Oklahoma City Chamber of Commerce, Oklahoma Cattlemens Association and Oklahoma Faith Leaders. Id. They said the unemployment rate for Oklahomans who have past convictions is five times the state average. The State Supreme Court was set to decide on whether the measure will be placed on the November 2022 ballot. Citizenship and Immigration Services, Department of Homeland Security. Petitioner Jed Green challenges the legal sufficiency of State Question No. Click here to contact us for media inquiries, and please donate here to support our continued expansion. Had that been a constitutional state question, we wouldnt have been able to do anything to what happened, and so if I had my druthers I would rather it be statutory so we can continue to work with industry to set the program up effectively and efficiently. } 820 seeks to legalize.1 State Question No. This law will prevent unnecessary arrests and allow people to clean their record. See, e.g., Musta v. E Mendota Heights Dental Ctr., 965 N.W.2d 312 (Minn. 2021), wherein the Minnesota Supreme Court held that as a matter of first impression, the Controlled Substances Act (CSA) preempted the Minnesota Workers' Compensation Act, which had attempted to mandate reimbursement of employee's medical cannabis purchase. 820. 785, 2016 OK 51, 3, 376 P.3d 250, 252 (cleaned up). 382, State Question No. 820 is legally sufficient for submission to the people of Oklahoma. In two states, the legislature referred a measure to the ballot for voter approval. The measure required a state-issued medical marijuana license to have a board-certified physician's signature. (Screenshot) Support Journalism The Oklahoma Supreme Court today. What I do favor is legalization so you can put more constraints around how the program works and you can stop worrying so much about who is smoking what and where on a park bench somewhere.. Michelle Tilley, campaign director with Yes on 820, said passage will spur more economic activity and free up law enforcement to chase higher-level drug crimes. See Hillsborough City, Fla. v. Automated Med Labs, Inc., 471 U.S. 707, 713 (1985). INITIATIVE PETITION To the Honorable John Kevin Stitt, Governor of Oklahoma: Marijuana use and possession remain crimes under federal law. "[33], Both of the challenges were dismissed by the state supreme court on September 16, 2022. The law does not affect the rights of medical marijuana patients or licensees. Individuals would have been allowed to possess, transport, and distribute up to one ounce (28.35 grams) of marijuana, eight grams of marijuana in a concentrated form, and/or eight grams or less of concentrated marijuana in marijuana-infused products. These outcomes are hardly hypothetical. [10], For the first two years, the OMMA would have only accepted adult-use license applications from businesses that had held a medical marijuana business license for at least one year. State Question 820 would have legalized marijuana for adults 21 years old and older. 820's gist satisfactorily informs signers of the contours of State Question No. What are the personal-use protections under SQ 820? Petitioner/Protestant Jed Green filed a timely petition to challenge State Question No. Where would the tax revenue from adult-use sales go? The following table summarizes the political context surrounding recreational marijuana ballot measures. A civil fine of $250 or lower would be levied for having plants in view of the public. 1308.11(d)(23). 80, 2020 OK 57, 11, 468 P.3d at 387. National medical groups, including the American Medical Association, theAmerican Society of Addiction Medicine and theAmerican Academy of Pediatrics, have issued public policy statements in opposition to commercial, adult-use cannabis markets at the state level. That state question is now the business of every Oklahoma citizen in the state. Ballot measures, Who represents me? SQ 788 attracted the most votes in that primary, with almost 893,000 voters weighing in on medical marijuana. margin-bottom: 10px; 70 Clear MORE What's next for recreational marijuana in Oklahoma after State Question 820 failed? a $250 fine for growing marijuana plants that are visible and recognizable from a public place; a $25 fine for smoking or vaping marijuana in a public place where smoking tobacco is prohibited; a $100 fine (or the option to attend four hours of drug counseling) for the use or possession of marijuana by an individual under the age of 21; and. The measure allowed people with licenses to possess up to 3 ounces of marijuana on their person and 8 ounces of marijuana in their residence. 3 State Question No. For those that change the Constitution, 15 percent is required: 177,958 this year. The group said it has spent $790,000 in 2023 on TV commercials, digital ads, canvassing materials and mailers, according to campaign reports filed Monday. Under the initiative, individuals could have possessed up to six mature marijuana plants and up to six seedlings. [35], In a press release published the day after the challenge period ended, the State Question 820 campaign said they "remain optimistic that the Oklahoma Supreme Court will act swiftly to dismiss the seemingly politically motivated challenges, and let the people vote. State Question 820 is a law that has been brought by the people of Oklahoma through the petition process. 34 O.S.2021, 8(H). Murphy v. Nat'l Collegiate Athletic Ass'n, 138 S. Ct. 1461, 1477 (2018) (quotation omitted). The petition also focuses on removing low-level marijuana convictions. 5 Initiative petitions must comply with all requirements set out in the Constitution, including Article V, 57, or the single subject rule, which applies to proposed legislation by initiative. 1 If we confine our analysis to determining the sufficiency of the gist, then the Initiative Petition must fail because the voters are not being informed that they are approving acts which violate Federal law. color:white !important; What does one ounce of marijuana look like? Michelle Tilley, one of the SQ 820 organizers, said the pause allowed for language in her petition to be refined. 813, 2020 OK 79, 8, 476 P.3d at 473. SQ 820 will encourage more violence. What was the status of recreational marijuana in the United States going into the election? 820 provides: A person currently serving a sentence for a conviction, whether by trial or plea of guilty or nolo contendere, who would not have been guilty of an offense or who would have been guilty of a lesser offense under this Act had it been in effect at the time of the offense, may file a petition for resentencing, reversal of conviction and dismissal of case, or modification of judgment and sentence before the trial court that entered the judgment of conviction in the person's case to request resentencing, modification, or reversal in accordance with this Act. You cant really tell without using a scale, because it depends on the density of the flower. In Oklahoma, the number of signatures required to qualify an initiated state statute for the ballot is equal to 8 percent of the votes cast for governor in the previous gubernatorial election. The Court assumes original jurisdiction and denies Petitioners challenge to the constitutionality and sufficiency of State Question No. Data from the state Election Board show that almost 20,000 voters just voted on SQ 788 and no other gubernatorial race. But SQ 820 supports say that if the court rules in their favor after the challenge period, the election board will have to move ahead with the question in November. You can share media editorials with us at editor@ballotpedia.org. Updated: 10:08 PM CST Mar 7, 2023 KOCO Staff Why do you want to link that with a substance that creates so much havoc, especially with children, Tulsa County District Attorney Steve Kunzweiler said at a League of Women Voters forum in Tulsa in February. }, The following table includes contribution and expenditure totals for the committee in support of State Question 820. Would the passage of SQ 820 affect the existing medical marijuana program approved by voters in June 2018? That tax would also be divided up in several other ways, including some funds for schools, court systems and drug-addiction treatment programs. Stitt knows how to get, how to get to Override Street, Roll-up round up: Stitt vetoes omnibus bill, signs new laws on license fees, lab, After SQ 820 defeat, medical cannabis bills focus on enforcement instead of limiting patient access, Local medical marijuana sales tax directed to health and well-being of Edmondites, Already medicated: Oklahomans pass on SQ 820s recreational marijuana, SQ 820: Weve got another election on our hands. SQ 820 would be codified in Oklahoma statutes, but two other initiative petitions awaiting final approval to begin signature collection would change the Oklahoma Constitution. Marijuana use and possession: quantity limitations and home grow provisions, Under the initiative, individuals could have possessed up to six mature marijuana plants and up to six seedlings as long as the plants were kept in one private residence and were not visible from a public place. The Oklahoma Medical Marijuana Authority is authorized to administer and enforce the law. The committee raised $279,450.26. ACTION: 60-Day notice. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. It alerts signers that the state question does not impact medical marijuana rights, allows personal use of marijuana, and sets limits on the legal use of marijuana. 785, 2016 OK 51, 2, 376 P.3d 250, 252. 429, 2020 OK 79, 6, 476 P.3d 471, 473; In re Initiative Petition No. The CSA contains no direct mandate for the states to adopt drug enforcement regulations which mirror its provisions; the CSA merely prohibits certain conduct on behalf of individuals. The export of marijuana from Oklahoma is prohibited. Its the first time a state question has been before voters outside of a regular primary or general election since State Question 723 in September 2005. The gist of SQ 820 explains its proposals as follows: This measure is intended to generally legalize, regulate and tax adult-use marijuana under state law (but not alter the rights of medical marijuana patients or licensees). It would not alter the rights of those currently in the state's medical. In the past, that was usually about two weeks or a little longer. State legislature | } [27] OCRA challenged the New Approach initiative (#820) in the Oklahoma Supreme Court, arguing that the initiative violated the state's single-subject rule and that the initiative's ballot language and gist were inconsistent. In states that have legalized, arrests for simple marijuana offenses are down 70 to 90 percent freeing up time and money for the state to focus on more serious issues. A "yes" vote supported legalizing recreational marijuana for adults 21 years old and older, allowing adults to possess up toone ounce (28.35 grams) of marijuana and grow up to six mature marijuana plants and up to six seedlings, and enacting a tax on marijuana sales. The initiative would have provided a process for individuals to seek the expungement or modification of certain previous marijuana-related convictions or sentences. In 12 states and D.C., the ballot initiative process was used to legalize marijuana. 2 Mr. Green also challenges the gist as conflicting with the ballot title, but at the oral presentation before a Referee, Mr. Green conceded that he confused State Question No. Backers of SQ 820 said marijuana enforcement efforts for decades have disproportionately affected Black and Latino communities, as well as rural white communities. It would also impose a 15 percent excise tax on purchases to fund the Oklahoma Medical Marijuana Authority. The gist of State Question 820 informs signers of what State Question No. The governors election proclamation must be issued and certified to the State Election Board at least 70 days prior to an election in order for a state question to appear on a ballot. CONCUR: Darby, C.J., Kauger, Winchester, Edmondson, and Gurich, JJ. In re State Question No. Vincent. 1 Section 15(A) of State Question No. There is a very strong criminal justice component to it, Tilley said of SQ 820. 820 v. Nichols, 120170. The Oklahoma Tax Commission will collect a 15% excise tax on recreational use sales, above applicable sales taxes. So if you put a state question on the ballot and it passes, then you potentially unwind the things that we have done in the Legislature to try and reign it in and give OMMA more opportunities and more authority in the program. The Oklahoma Medical Marijuana Authority would have been responsible for marijuana business licensing and regulations. In re: State Question No. Some licensed medical marijuana companies in Oklahoma are asking the state Supreme Court to repeal a 2022 law that raised their fee burden. 21 C.F.R. Individuals would have been allowed to possess, transport, and distribute up to one ounce (28.35 grams) of marijuana, eight grams of marijuana in a concentrated form, and/or eight grams or less of concentrated marijuana in marijuana-infused products. KGOU | 20% to grants for government agencies and not-for-profit organizations to fund drug addiction treatment and overdose prevention programs; The gist of State Question No. The document must include the following information: if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; What's on my ballot? To check the status of online registration in Oklahoma, click here.[40]. 820 violates Article V, Section 57 of the Oklahoma Constitution as it embraces multiple subjects, specifically that section 15 of State Question No.

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