Oklahoma State Question 820, Marijuana Legalization Initiative (March 2023)

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Oklahoma State Question 820
Flag of Oklahoma.png
Election date
March 7, 2023
Topic
Marijuana
Status
Defeatedd Defeated
Type
State statute		 Origin
Citizens

Oklahoma State Question 820, the Marijuana Legalization Initiative, was on the ballot in Oklahoma as an initiated state statute on March 7, 2023. It was defeated.

A "yes" vote supported legalizing recreational marijuana for adults 21 years old and older, allowing adults to possess up to one 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.

A "no" vote opposed legalizing recreational marijuana for adult use in Oklahoma.

Election results

Oklahoma State Question 820
Result Votes Percentage
Yes 217,078 38.33%

Defeated No

 349,284 61.67%
Results are officially certified.
Source


Overview

What would State Question 820 have done?

See also: Text of measure

State Question 820 would have legalized marijuana for adults 21 years old and older. The Oklahoma Medical Marijuana Authority would have been responsible for marijuana business licensing and regulations. 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. Marijuana sales would have been taxed at 15%. Under the initiative, individuals could have possessed up to six mature marijuana plants and up to six seedlings. The initiative would have also provided a process for individuals to seek the expungement or modification of certain previous marijuana-related convictions or sentences.

Tax revenue generated from marijuana sales would have been used to finance the Oklahoma Medical Marijuana Authority's implementation of the initiative with the remaining funds to be appropriated as follows:

30% to the state general fund; 30% to grants for public school programs to support student retention and performance, after-school and enrichment programs, and substance abuse prevention programs; 20% to grants for government agencies and not-for-profit organizations to fund drug addiction treatment and overdose prevention programs; 10% to the state judicial revolving fund; and 10% to the municipalities or counties where the marijuana was sold.

Who was behind the campaigns surrounding the initiative?

See also: Support, Opposition, and Campaign finance

Yes on 802-Oklahomans for Sensible Marijuana Laws sponsored the initiative. The committee raised $5.03 million.[1] The campaign said, "If a person makes one minor mistake with marijuana, they can land in jail and be saddled with a life-long criminal record that can make it hard to get a job, an apartment, student loans, or a credit card. This law will prevent unnecessary arrests and allow people to clean their record. 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. Fewer arrests also means our courts aren’t clogged with petty marijuana cases. State Question 820 will create a sensible program tailored to Oklahoma, carefully balancing personal freedom with responsible regulation. Products will be tested, labeled, and tracked from seed-to-sale; employers will be able to maintain a drug-free workplace; and it keeps penalties in place for anyone who gives marijuana to someone under 21."[2]

Protect Our Kids- No 820 led the campaign in opposition to the measure. The committee raised $279,450.26. Opponents included the Oklahoma State Chamber, Oklahoma Farm Bureau, Oklahoma Faith Coalition, Oklahoma Baptist General Convention, and Governor Kevin Stitt (R). Protect Our Kids said, "SQ 820 does NOT limit on THC content. This puts our kids at even more risk. 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. SQ 820 will encourage more violence. We have already had execution style killings in Oklahoma related to the marijuana black market. Law enforcement agrees passage of SQ 820 will provide more cover for illegal activity. 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."[3]

Why was this measure on the 2023 ballot?

See also: Path to the ballot

Oklahomans for Sensible Marijuana Laws, proponents of State Question 820, were initially targeting the 2022 ballot and submitted enough signatures to qualify for the ballot. However, due to legal challenges and statutory deadlines for ballot inclusion, the measure could not be placed on the 2022 ballot and was set to be voted on at a later election date. On October 18, 2022, Governor Kevin Stitt (R) ordered the measure on the March 7, 2023, ballot.[4]

In 2020, Oklahoma Governor Kevin Stitt (R), who opposed State Question 802, a Medicaid expansion initiative, ordered the measure to appear on the June 30 primary ballot rather than the November 3 general election ballot. In 2018, Oklahoma Governor Mary Fallin (R) placed State Question 788, the medical marijuana initiative, on the June primary ballot. Prior to 2018, a governor had not selected a date different from the general election for an initiative since 2005.[5]

What was the status of recreational marijuana in the United States going into the election?

See also: Background

Going into the election, 21 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.[6][7][8][9]

  • In 12 states and D.C., the ballot initiative process was used to legalize marijuana.
  • In two states, the legislature referred a measure to the ballot for voter approval.
  • In seven states, bills to legalize marijuana were enacted into law.

Marijuana legalization measures were on the 2022 ballot in Arkansas, Maryland, Missouri, North Dakota, and South Dakota. The measures were approved in Maryland and Missouri and were defeated in Arkansas, North Dakota, and South Dakota.

Measure design

Click on the arrows (▼) below to read more about the provisions of State Question 820.

Marijuana use and possession: quantity limitations and home grow provisions

State Question 820 was designed to legalize the personal use, possession, cultivation, transport, and distribution of marijuana for adults 21 years old and older. 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.[10][11]

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. Up to twelve mature plants and twelve seedlings could have been kept on the grounds of a private residence at one time.[10]

Marijuana business licensing and regulation: Oklahoma Medical Marijuana Authority licensing and regulations

The Oklahoma Medical Marijuana Authority (OMMA) would have been responsible for the regulation of marijuana, marijuana retail establishments, marijuana cultivation establishments, and marijuana testing facilities in Oklahoma.

The initiative would have required the OMMA to develop regulations to implement the program, including:[10]

  • 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;
  • establish security 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;
  • create a seed-to-sale marijuana tracking system;
  • provide that no adult-use dispensaries may be located within 1,000 feet from a school; and
  • prohibit adult-use dispensaries from selling tobacco or alcohol at the same location.

The initiative would have provided that the OMMA should regulate adult-use marijuana as similarly as possible to how it regulates medical marijuana.[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.[10]

Taxation of marijuana sales: taxes levied on marijuana sales and revenue dedications

Marijuana sales would have been taxed at 15%. The tax would not have applied to medical marijuana patients.

Tax revenue from marijuana sales would have been used to finance the Oklahoma Medical Marijuana Authority's implementation of the initiative with remaining funds appropriated as follows:[10]

  • 30% to the state general fund;
  • 30% to grants for public school programs to support student retention and performance, after-school and enrichment programs, and substance abuse prevention programs;
  • 20% to grants for government agencies and not-for-profit organizations to fund drug addiction treatment and overdose prevention programs;
  • 10% to the state judicial revolving fund; and
  • 10% to the municipalities or counties where the marijuana was sold.

Local control: Local and municipal regulation of marijuana

A local government could not have banned or limited the number of adult-use businesses in their jurisdictions, but would have been allowed to regulate the time, place, and manner of operation of adult-use businesses "as long as those regulations are not unduly burdensome."[10]

Expungement: expungement for certain marijuana-related convictions and records

The initiative would have provided a process for individuals to seek the expungement or modification of certain previous marijuana-related convictions or sentences.[10]

A person who was serving a sentence or who had completed a sentence for a marijuana-related offense could have applied to have their conviction reversed, dismissed, or resentenced if the person would have been guilty of a lesser offense or not guilty of any crime had the provisions of the initiative been in effect at the time of the conviction. 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." For those who would have been granted a vacated or modified sentence, any outstanding fines, court costs, and fees would have been waived.[10]

Legal penalties: penalties for violating the initiative's provisions

The initiative would have set the following penalties for violating the personal use marijuana laws:

  • 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
  • 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.

State Question 820 would have provided that marijuana odor, the smell of burnt marijuana, possessing marijuana, or the suspicion of possessing marijuana would not have constituted "reasonable articulable suspicion of a crime," except for crimes related to operating a motor vehicle under the influence or if there was evidence that the individualwas in possession of marijuana exceeding the allowed limits.


Text of measure

Ballot title

The ballot title was as follows:[10]

“

This measure creates a state law legalizing recreational use marijuana for persons 21 or older. Marijuana use and possession remain crimes under federal law. The export of marijuana from Oklahoma is prohibited. The law will have a fiscal impact on the State. The Oklahoma Tax Commission will collect a 15% excise tax on recreational use sales, above applicable sales taxes. Excise tax revenues will fund implementation of the law, with any surplus revenues going to public school programs to address substance abuse and improve student retention (30%), the General Revenue und (30%), drug addiction treatment programs (20%), courts (10%), and local governments (10%). The law limits certain marijuana-related conduct and establishes quantity limits, safety standards, restrictions, and penalties for violations. A local government may prohibit or restrict recreational marijuana use on the property of the local government and regulate the time, place, and manner of the operation of marijuana businesses within its boundaries. However, a local government may not limit the number of, or completely prohibit, such businesses. Persons who occupy, own, or control private property may prohibit or regulate marijuana-related conduct. except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marijuana by means other than smoking. The law does not affect an employer's ability to restrict employee marijuana use. For the first two years, marijuana business licenses are available only to existing licensees in operation one year or more. The law does not affect the rights of medical marijuana patients or licensees. 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. The Oklahoma Medical Marijuana Authority is authorized to administer and enforce the law.

Shall the proposal be approved?

For the proposal- YES

Against the proposal- NO[12]

 ”

Full text

The full text of the measure can be read below.[13]

Readability score

See also: Ballot measure readability scores, 2023

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The initiative proponents wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 14, and the FRE is 25. The word count for the ballot title is 295.


Support

Yeson820.jpg

Yes on 820 - Oklahomans for Sensible Marijuana Laws (OSML) led the campaign in support of the measure.[14]

Supporters

Organizations


Arguments

  • Michelle Tilley, an initiative sponsor: "The goal of SQ 820 is to regulate the production, testing, and sale of cannabis products for adults, aged 21 and older in Oklahoma through an accountable system that ensures the highest safety and health standards. It is time for Oklahoma to stop criminalizing people for minor marijuana offenses and to bring in more money for education and health care. That is what this initiative will do. SQ 820 proposes a statutory change, not a proposed constitutional amendment. Marijuana policy is still evolving and the Oklahoma legislature has shown it is ready to deal with issues as they arise. Whether it is a change in federal law or some yet unforeseen development in Oklahoma, lawmakers won’t have to amend the constitution to respond."
  • Kris Masterman, co-founder of ORCA and a former proponent of marijuana initiatives State Questions 818 and 819: "As a former proponent of State Questions 818 and 819, I realize that many of us in the cannabis community had similar goals but different methods,” Masterman said. “Now is the time to unite behind SQ 820, vote yes on March 7, and ensure that Oklahoma is able to take the next big step forward. We can’t succeed as a community if we allow yesterday’s divisions to impede today’s progress."
  • Director of the ACLU of Oklahoma and former State Rep. Ryan Kiesel (D): "[By passing SQ820] we’re going to make the businesses that are currently following the law…. more competitive with the illicit market and operators that aren’t fully compliant with the laws and regulations. I think that we're going to drive a lot of that [illicit] market out of Oklahoma."
  • Oklahomans for Sensible Marijuana Laws: "If a person makes one minor mistake with marijuana, they can land in jail and be saddled with a life-long criminal record that can make it hard to get a job, an apartment, student loans, or a credit card. This law will prevent unnecessary arrests and allow people to clean their record. 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. Fewer arrests also means our courts aren’t clogged with petty marijuana cases. State Question 820 will create a sensible program tailored to Oklahoma, carefully balancing personal freedom with responsible regulation. Products will be tested, labeled, and tracked from seed-to-sale; employers will be able to maintain a drug-free workplace; and it keeps penalties in place for anyone who gives marijuana to someone under 21."


Opposition

No820.jpg

Protect Our Kids- No 820 led the campaign in opposition to the measure.[15]

Opponents

Officials

Organizations

  • NOto820
  • Oklahoma Association of Chiefs of Police
  • Oklahoma Cattlemen’s Association
  • Oklahoma District Attorneys Association
  • Oklahoma Faith Leaders
  • Oklahoma Farm Bureau
  • Oklahoma Sheriffs' Association
  • Oklahoma State Chamber
  • Oklahoma State Chamber

Arguments

  • Oklahoma Faith Coalition: "Oklahoma is being overrun by marijuana. Our state has more licensed marijuana dispensaries (2,545) than Colorado (544) and California (913) combined, according to the L.A. Times. SQ 820 lowers the threshold for child endangerment. The ballot measure expressly removes the smoking or use of marijuana around children as a cause of child endangerment AND prohibits courts from considering marijuana use in child custody cases. SQ 820 does not address foreign ownership of land. Foreign nationals, including Chinese, Mexicans and Russians, are purchasing Oklahoma farm land illegally, bringing in labor and sex trafficking. Our rural farmers and communities are suffering. Marijuana grow facilities have emerged by the thousands, placing a significant strain on rural Oklahoma’s utility providers, water use and causing uncertainty with neighboring agricultural operations. We don’t want more organized crime coming to our state. According to the Oklahoma Bureau of Narcotics, Oklahoma is the leading source of illegal marijuana in the U.S.SQ 820 does not limit the THC level that can be sold. Oklahoma has more dispensary licenses than gas stations. Oklahoma has 1,856 gas stations (according to eia.gov) and 2,545 dispensary licenses."
  • Rev. Darryl Wooten of Oklahoma Assemblies of God: "If you want to increase tax revenue find another way. This bill is poorly written [and] creates challenges for our schools [and] obstacles for our overly taxed law enforcement."
  • Protect Our Kids- No 820: "It’s NOT OK to smoke Marijuana around children, but this state question expressly changes the threshold for child endangerment by specifically permitting smoking of marijuana around children. SQ 820 hampers single parents trying to protect their children. The fine print on the state question prohibits courts from considering abuse of marijuana in child custody and visitation cases. SQ 820 will lead to more infants and toddlers overdosing. Oklahoma already averages reporting one marijuana overdose a day for children under five years old. Other states have seen these numbers triple when adding recreational. Child overdoses will be more severe. SQ 820 does NOT limit on THC content. This puts our kids at even more risk. 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. SQ 820 will encourage more violence. We have already had execution style killings in Oklahoma related to the marijuana black market. Law enforcement agrees passage of SQ 820 will provide more cover for illegal activity. 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."
  • Oklahoma Gov. Kevin Stitt (R): "It is still illegal federally. We should not have a checkerboard of jurisdiction across the states."
  • Oklahoma Baptist General Convention: "We believe that states should protect their people from the proliferation of recreational marijuana. We pray that Oklahoma will maintain legal barriers between these substances and the communities they devastate and that the church will work with Christ-centered ministries to reach people who are impacted by addiction."


Media editorials

See also: 2023 ballot measure media endorsements

Ballotpedia lists the positions of media editorial boards that support or oppose ballot measures. This does not include opinion pieces from individuals or groups that do not represent the official position of a newspaper or media outlet. Ballotpedia includes editorials from newspapers and outlets based on circulation and readership, political coverage within a state, and length of publication. You can share media editorial board endorsements with us at editor@ballotpedia.org.

Support

  • Tulsa World Editorial Board: "... We do not believe that prohibition is the way to stop teenagers — or adults — from using intoxicating substances. If anything, through its drug laws, our country has criminalized brain health disorders. ... Compared to the medical marijuana law, SQ 820 is stricter and more comprehensive. ... We support SQ 820 to bring better scrutiny and safety to the users, growers and community. This is a more honest way of having legal marijuana than the weed-by-the-wink system Oklahoma has now."


Opposition

You can share campaign information or arguments, along with source links for this information, at editor@ballotpedia.org


Campaign finance

See also: Campaign finance requirements for Oklahoma ballot measures
The campaign finance information on this page reflects the most recently scheduled reports processed by Ballotpedia, which covered through June 30, 2023.


Yes on 820-Oklahomans for Sensible Marijuana Laws sponsored the initiative. The committee raised $5.03 million and spent $5.02 million.[1]

No on 820-Protect Our Kids registered as a committee to oppose the initiative. The committee reported $279,450.26 in contributions and $279,450.26 in expenditures.[16]

Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Support $4,802,728.20 $232,220.51 $5,034,948.71 $4,789,934.25 $5,022,154.76
Oppose $273,180.00 $6,270.26 $279,450.26 $273,180.00 $279,450.26

Support

The following table includes contribution and expenditure totals for the committee in support of State Question 820.[1]

Committees in support of State Question 820
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Yes on 820-Oklahomans for Sensible Marijuana Laws $4,802,728.20 $232,220.51 $5,034,948.71 $4,789,934.25 $5,022,154.76
Total $4,802,728.20 $232,220.51 $5,034,948.71 $4,789,934.25 $5,022,154.76

Donors

The following were the top five donors to the support committee.[1]

Donor Cash Contributions In-Kind Contributions Total Contributions
The Just Trust for Action $2,059,500.01 $111,900.00 $2,171,400.01
New Approach Advocacy Fund $725,319.95 $25,000.00 $750,319.95
American Civil Liberties Union $531,155.49 $54,320.51 $585,476.00
Action Now Inc $300,000.00 $0.00 $300,000.00
Drug Policy Action $218,000.01 $0.00 $218,000.01

Opposition

The following table includes contribution and expenditure totals for the committee in opposition to the measure.[1]

Committees in opposition to State Question 820
Committee Cash Contributions In-Kind Contributions Total Contributions Cash Expenditures Total Expenditures
Protect our Children No 820 $273,180.00 $6,270.26 $279,450.26 $273,180.00 $279,450.26
Total $273,180.00 $6,270.26 $279,450.26 $273,180.00 $279,450.26

Donors

The following were the donors who contributed $25,000 or more to the opposition campaign.[1]

Donor Cash Contributions In-Kind Contributions Total Contributions
State Chamber of Oklahoma $86,100.00 $0.00 $86,100.00
Greater OKC Chamber $50,000.00 $0.00 $50,000.00
Mo Anderson $25,000.00 $0.00 $25,000.00
Oklahoma Farm Bureau $25,000.00 $0.00 $25,000.00
Oklahoma Temporary Service Inc $25,000.00 $0.00 $25,000.00

Methodology

To read Ballotpedia's methodology for covering ballot measure campaign finance information, click here.

Background

Medical marijuana in Oklahoma

See also: State Question 788 (2018)

Oklahoma voters approved medical marijuana through State Question 788 in June 2018 by a vote of 57% to 43%. The measure legalized the licensed cultivation, use, and possession of marijuana for medicinal purposes. The measure required a state-issued medical marijuana license to have a board-certified physician's signature. The measure required no specific qualifying conditions to receive medical marijuana. 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. A 7 percent tax was levied on marijuana sales, with revenue allocated to administrative costs, education, and drug and alcohol rehabilitation. The measure required licenses to operate dispensaries, commercial growing operations, and processing operations. The measure prohibited municipalities from restricting zoning laws to prevent marijuana dispensaries.[17]

Recreational marijuana in the U.S.

See also: Marijuana laws and ballot measures in the United States


As of November 8, 2023, 24 states and Washington, D.C., had legalized the possession and personal use of marijuana for recreational purposes.[6][18][19][20]

  • In 13 states and D.C., the ballot initiative process was used to legalize marijuana.
  • In two states, the legislature referred a measure to the ballot for voter approval.
  • In nine states, bills to legalize marijuana were enacted into law.


The following table provides information about when and how recreational marijuana became legal.

Timeline and process of recreational marijuana legalization
State Year legalized Process used Votes on ballot measures
For Against
Colorado 2012 Initiative 55.32% 44.68%
Washington 2012 Initiative 55.70% 44.30%
Alaska 2014 Initiative 53.23% 46.77%
Oregon 2014 Initiative 56.11% 43.89%
Washington, D.C. 2014 Initiative 70.06% 29.94%
California 2016 Initiative 57.13% 42.87%
Maine 2016 Initiative 50.26% 49.74%
Massachusetts 2016 Initiative 53.66% 46.34%
Nevada 2016 Initiative 54.47% 45.53%
Michigan 2018 Initiative 55.89% 44.11%
Vermont 2018 Legislation N/A N/A
Illinois 2019 Legislation N/A N/A
Arizona 2020 Initiative 60.03% 39.97%
Montana 2020 Initiative 56.90% 43.10%
New Jersey 2020 Referral 67.08% 32.92%
New York 2021 Legislation N/A N/A
Virginia 2021 Legislation N/A N/A
New Mexico 2021 Legislation N/A N/A
Connecticut 2021 Legislation N/A N/A
Rhode Island 2022 Legislation N/A N/A
Maryland 2022 Referral 67.20% 32.80%
Missouri 2022 Initiative 53.10% 46.90%
Delaware 2023 Legislation N/A N/A
Minnesota 2023 Legislation N/A N/A
Ohio 2023 Initiative 57.19% 42.81%


Comparison of ballot measures to legalize recreational marijuana

The following table compares a selection of ballot measure provisions, such as possession limits, local control, taxes, and revenue dedications.

Click "Show" to expand the table.

Political context of recreational marijuana ballot measures

The following table summarizes the political context surrounding recreational marijuana ballot measures, including whether the state's presidential voting history in the preceding three elections was Democratic, mixed, or Republican.

  • Among states with Democratic presidential voting histories, eight marijuana legalization ballot measures were approved and one was defeated.
  • Among states with Republican presidential voting histories, four marijuana legalization ballot measures were approved and six were defeated.
  • Among states with mixed presidential voting histories, three marijuana legalization ballot measures were approved and one was defeated.

Partisan control of the 15 states approving marijuana legalization measures was Democratic in four states, divided in five states, and Republican in six states. Partisan control of the eight states rejecting marijuana legalization measures was Democratic in one state, mixed in one state, and Republican in six states.

Click "Show" to expand the table.

Marijuana on the ballot in 2022

In 2022, five states decided on marijuana legalization ballot measures. In the central U.S., voters in Arkansas, Missouri, North Dakota, and South Dakota considered citizen-initiated measures to legalize marijuana. In Missouri, the initiative was approved. In Arkansas, North Dakota, and South Dakota, the measures were defeated. In Maryland, the state Legislature voted to put the issue before voters, who approved the measure.

State Type Title Description Result Yes Votes No Votes
AR

CICA

 Issue 4 Legalize marijuana in Arkansas

Defeated

392,938 (44%)

505,128 (56%)
MD

LRCA

 Question 4 Legalize marijuana in Maryland

Approveda

1,302,161 (67%)

635,572 (33%)
MO

CICA

 Amendment 3 Legalize marijuana in Missouri

Approveda

1,092,432 (53%)

965,020 (47%)
ND

CISS

 Statutory Measure 2 Legalize marijuana in North Dakota

Defeated

107,608 (45%)

131,192 (55%)
SD

CISS

 Initiated Measure 27 Legalize marijuana in South Dakota

Defeated

163,584 (47%)

183,879 (53%)


Path to the ballot

Process in Oklahoma

Laws governing the initiative process in Oklahoma

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. Signatures must be submitted 90 days after the initiative is cleared for circulation by the secretary of state. If petitioners are targeting a specific election, the secretary of state recommends that signatures be submitted eight months prior to the election; however, they must be submitted a minimum of 60 days before the election to make the ballot. Measures are generally placed on the next general election ballot following signature verification, but the governor may call a special election or place the measure on the primary ballot.

Sponsors of State Question 820 initially targeted the 2022 ballot and submitted the 94,911 valid signatures that were required. Due to delays in signature verification and an inability to include the measure on the 2022 ballot before ballot printing deadlines, Gov. Kevin Stitt (R) called a special election for the measure to be voted on in March 2023.

Details about this initiative

  • The initiative was filed by Michelle Diane Tilley Nichols and Michelle Anne Jones. Sponsors filed two versions of the initiative: #820 and #821.[11]
  • Initiative 820 was challenged in the Oklahoma Supreme Court on January 24, 2022.[11]
  • The challenge against Initiative 820 was dismissed, and the initiative was cleared for signature gathering on May 3, 2022, which set the initiative-specific signature submission deadline as August 1, 2022.[11]
  • Oklahomans for Sensible Marijuana Laws (OSML) announced submitting approximately 164,000 signatures to the secretary of state's office on July 5, 2022.[22]
  • In a review of the measure's ballot title, the Oklahoma attorney general found that the ballot title was misleading on July 12, 2022, and set a new ballot title for the measure.[11]
  • 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. 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. 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 governor’s 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.[23]
  • On September 21, 2022, the Oklahoma Supreme Court ruled that the measure could not be placed on the 2022 ballot because challenges filed during challenge periods had not been resolved before the statutory deadline for printing and mailing ballots. The measure was set to be voted on at a later election date, either at the November 5, 2024, general election or a special election. The governor had the ability to place the question on a special election ballot at a date in 2023 or 2024.[24]
  • On October 18, 2022, Governor Kevin Stitt (R) called a special election for measure to appear on the March 7, 2023, ballot.[25]

Signature gathering cost

See also: Ballot measures cost per required signatures analysis

Sponsors of the measure hired Oklahoma Strong Consulting to collect signatures for the petition to qualify this measure for the ballot. A total of $75,341.00 was spent to collect the 94,911 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.79.

Ballot language challenges in the state supreme court

Oklahomans for Responsible Cannabis Action (ORCA) 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. The Oklahoma Supreme Court rejected the lawsuit on March 28, 2022, finding that the ballot language was legally sufficient and that petitioner Jed Green failed to establish that the gist of State Question No. 820 was misleading.[26]

  
Lawsuit overview
Issue: Whether State Question 820 adheres to the state's single-subject rule; whether the ballot language and gist are accurate
Court: Oklahoma Supreme Court
Ruling: Dismissed
Plaintiff(s): Sponsors of State Questions 818 and 819 (Oklahomans for Responsible Cannabis Action) Defendant(s): Sponsors of State Question 820; elections officials
Plaintiff argument:
The initiative violates the state's single-subject rule and the “gist is written to appeal to Oklahomans most likely to sign the document for ballot access” and “the ballot title is written to appeal to a broader group of Oklahomans at the ballot box”		 Defendant argument:
"Their claims about SQ 820 are purely political and have nothing to do with the actual language of SQ 820 or whether SQ 820 will survive this protest, which we firmly believe it will"

  Source: Marijuana Moment

Signature verification timeline and election certification lawsuit

Lawsuit overview
Issue: Whether the State Supreme Court can expedite the ballot title verification process and certify the question for the ballot before the challenge period ends
Court: Oklahoma Supreme Court
Ruling: Ruled against plaintiffs
Plaintiff(s): Sponsors of State Question 820 Defendant(s): Elections officials

  Source: Oklahoma State Courts Network

September challenge period lawsuits

Once signatures for an initiative are submitted, the secretary of state's office counts the signatures and submits a report to the state supreme court, which determines the sufficiency of the signatures counted by the secretary of state. 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. The challenge period for State Question 820 began on September 1 and ended on September 15, 2022. Two challenges were filed challenging the validity of signatures submitted for the initiative and two challenges were filed challenging the initiative's ballot language. The state supreme court dismissed all of the challenges, finding that the ballot title was sufficient

Lawsuit overview
Issue: Whether the signatures for State Question 820 are valid
Court: Oklahoma Supreme Court
Ruling: Dismissed
Plaintiff(s): Former Oklahoma State Rep. Mike Reynolds (R); Paul Tay Defendant(s): Elections officials, Secretary of State Brian Bingman

  Source: Marijuana Moment

Lawsuit overview
Issue: Whether the ballot language is accurate
Court: Oklahoma Supreme Court
Ruling: Dismissed
Plaintiff(s): John Stotts, Karma Robinson, and Mary Chris Barth; Jed Green Defendant(s): Elections officials, initiative proponents

  Source: Cannabis Business Times

How to cast a vote

See also: Voting in Oklahoma

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See also

External links

Footnotes

  1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 Oklahoma Ethics Commission, "YES ON 820 - OKLAHOMANS FOR SENSIBLE MARIJUANA LAWS," accessed December 5, 2022
  2. ↑ Yes on 820, "About State Question 820," accessed July 5, 2022
  3. ↑ No820.org', "About," accessed March 7, 2023
  4. ↑ Oklahoma State Courts Network, "NICHOLS v. ZIRIAX," accessed September 21, 2022
  5. ↑ Oklahoman, "Medicaid expansion qualifies for ballot; Stitt to set election date," accessed January 10, 2020
  6. ↑ 6.0 6.1 Cite error: Invalid <ref> tag; no text was provided for refs named ncsl
  7. ↑ Smart Approaches to Marijuana, "MJ Laws Map," accessed June 15, 2022
  8. ↑ Marijuana Policy Project, "Map of state marijuana laws," accessed June 15, 2022
  9. ↑ This number does not include South Dakota, where voters approved a marijuana legalization initiative in 2020 that was later struck down by the state's supreme court
  10. ↑ 10.0 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 Oklahoma Secretary of State, "State Question 820," accessed August 10, 2022
  11. ↑ 11.0 11.1 11.2 11.3 11.4 Oklahoma Secretary of State, "State Questions," accessed January 5, 2022
  12. ↑ 12.0 12.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  13. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named Text
  14. ↑ Yes on 820, "Home," accessed July 5, 2022
  15. ↑ No 820, "Home," accessed February 27, 2023
  16. ↑ Oklahoma Ethics Commission, "No on 820-Protect Our Kids," accessed February 28, 2022
  17. ↑ Oklahoma Secretary of State, "Initiative 788," accessed October 21, 2016
  18. ↑ Smart Approaches to Marijuana, "MJ Laws Map," accessed June 15, 2022
  19. ↑ Marijuana Policy Project, "Map of state marijuana laws," accessed June 15, 2022
  20. ↑ This number does not include South Dakota, where voters approved a marijuana legalization initiative in 2020 that was later struck down by the state's supreme court
  21. ↑ Prior three elections before and/or including the election at which measure was voted on
  22. ↑ Marijuana Moment, "Oklahoma Marijuana Activists Submit Signatures To Put Legalization On November Ballot," accessed July 5, 2022
  23. ↑ Marijuana Moment, "Oklahoma Officials Say Marijuana Initiative Has Enough Signatures, But It Might Miss This November’s Ballot," accessed August 22, 2022
  24. ↑ Oklahoma State Courts Network, "NICHOLS v. ZIRIAX," accessed September 21, 2022
  25. ↑ NBC News, "Oklahoma governor sets March election on recreational marijuana," accessed October 19, 2022
  26. ↑ Marijuana Moment, "Oklahoma Supreme Court Upholds Marijuana Legalization Ballot Initiative Following Legal Challenge By Competing Campaign," accessed April 9, 2022
  27. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named ORCA
  28. ↑ Cite error: Invalid <ref> tag; no text was provided for refs named mmo
  29. ↑ Marijuana Moment, "Oklahoma Supreme Court Upholds Marijuana Legalization Ballot Initiative Following Legal Challenge By Competing Campaign," accessed April 9, 2022
  30. ↑ Marijuana Moment, "Oklahoma Officials Say Marijuana Initiative Has Enough Signatures, But It Might Miss This November’s Ballot," accessed August 22, 2022
  31. ↑ NonDoc, "SQ 820 group asks state Supreme Court to put marijuana vote on November ballot," accessed August 29, 2022
  32. ↑ Oklahoma State Courts Network, "NICHOLS v. ZIRIAX," accessed September 21, 2022
  33. ↑ Marijuana Moment, "Oklahoma Marijuana Legalization Initiative Faces Legal Challenges From Former State Lawmaker And Controversial Activist," accessed September 13, 2022
  34. ↑ Marijuana Moment, "Oklahoma Supreme Court Rejects Two Challenges To Marijuana Legalization Initiative, Signaling That Final Ballot Ruling Is Imminent," accessed September 19, 2022
  35. ↑ 35.0 35.1 35.2 Marijuana Moment, "POLITICSOklahoma Marijuana Legalization Initiative Faces Two More Legal Challenges In State Supreme Court As Complaint Deadline Close," accessed September 16, 2022
  36. ↑ Marijuana Moment, "Oklahoma Supreme Court Says Marijuana Legalization Won’t Be On November Ballot, But Will Be Voted On In Future Election," accessed September 21, 2022
  37. ↑ Oklahoma State Election Board, "Frequently Asked Questions," accessed April 27, 2023
  38. ↑ 38.0 38.1 38.2 Oklahoma State Election Board, "Voter Registration in Oklahoma," accessed April 27, 2023
  39. ↑ Oklahoma State Election Board, "Phase One of Online Vote Registration is LIVE!" accessed June 8, 2023
  40. ↑ 40.0 40.1 Oklahoma State Election Board, "Facts about Proof of Identity for Voting in Oklahoma," accessed April 27, 2023
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