| Oklahoma State Question 788: Medical Marijuana Legalization Initiative | |
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| Election date June 26, 2018 |
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| Topic Marijuana |
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| Status On the ballot |
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| Type State statute |
Origin Citizens |
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Oklahoma State Question 788, the Medical Marijuana Legalization Initiative, will be on the ballot in Oklahoma as an initiated state statute on June 26, 2018.[1][2]
| A “yes” vote supports this measure to legalize the licensed cultivation, use, and possession of marijuana for medicinal purposes. |
| A “no” vote opposes this measure to legalize the licensed cultivation, use, and possession of marijuana for medicinal purposes. |
This page is an overview of State Question 788. Ballotpedia has compiled details about the proposal, the text of the measure, supporters and opponents, arguments for and against, campaign finance information, background on the status of medical marijuana, and how the measure got on the ballot. Click the links below for detailed analysis of each aspect.
Overview
Page 1: What does State Question 788 do?
State Question 788 would legalize marijuana, also known as cannabis, for medical purposes in Oklahoma. Obtaining a state-issued medical marijuana license would require a board-certified physician’s signature. There would be no specific qualifying conditions to receive medical marijuana. People with licenses would be permitted to possess up to 3 ounces of marijuana on their person and 8 ounces of marijuana in their residence. A 7 percent tax would be levied on marijuana sales, with revenue being allocated to administrative costs, education, and drug and alcohol rehabilitation. Licenses would be required to operate dispensaries, commercial growing operations, and processing operations. Municipalities would be prohibited from restricting zoning laws to prevent marijuana dispensaries.[1] …
Page 2: What are supporters and opponents saying and who are they?
Support
Oklahomans for Health—a 501(c)(4) organization—led the signature petition drive to put this initiative on the ballot and supports the campaigns advocating for a “yes” vote. Two political action committees (PAC) are registered to support State Question 788: Vote Yes on 788 and Oklahomans for Health SQ 788.[3][4][5]
Opposition
Americans for Equal Liberty operating as Vote No OK788 is leading the campaign in opposition to State Question 788.[6]
Oklahomans Against 788 is opposing the measure. Their Facebook page says “We oppose State Question 788-Medical Marijuana. We feel this is bad for Oklahoma and will only lead to problems. We will defeat Oklahoma State Question 788 simply by using the very words in it.”[7] Oklahomans Against 788 co-chair, August Rivera, said: “It is not good for Oklahoma. It is not good for our children. There’s not enough science and research behind it for me to actually say and be on board with medical marijuana.”[8] Oklahomans Against 788 attended a forum on State Question 788 on April 19, 2018, hosted by the Heartland Republican Women’s Club to speak against the initiative.[8]
Arguments in favor
Supporters argue that legalizing medical marijuana use will help patients in need, prevent the purchasing of marijuana illegally to treat illness, allow for proper restrictions and regulations, and prevent wasting taxpayer dollars on enforcement of prohibition. They also argue that any person—with the guidance of a doctor—should have the individual freedom to use marijuana for medical purposes.
Arguments against
Opponents argue that State Question 788 does not provide enough restrictions and would, in effect, amount to recreational marijuana legalization. Opponents argue that the initiative should—but does not—provide a list of qualifying conditions, allow employers to use drug tests for marijuana, restrict where dispensaries can be located, make the amount of marijuana that can legally be possessed by a license holder smaller, restrict personal cultivation of marijuana, and establish other restrictions to prevent the abuse of medical prescriptions for those without a medical need. …
Page 3: Who’s spending money on SQ 788 and how much?
As of April 20, 2018, the committees registered in support of State Question 788 had reported raising $355.00, and the opposition committee had not reported any contributions. Oklahomans for Health, a 501(c)(4) organization, led the signature petition effort.[9]
Oklahomans for Health spent $26,988 on the signature petition drive that qualified State Question 788 for the ballot in 2016. This amount is not included in the campaign finance information above.[10] …
Page 4: What is the status and background of medical marijuana?
Medical marijuana in Oklahoma and the other states:
Currently, the possession and medical use of marijuana is illegal in Oklahoma. As of October 2017, 30 states and Washington, D.C., had passed laws legalizing or decriminalizing medical marijuana, and cannabis oil was legal in an additional 15 states, including Oklahoma. In 2015, Oklahoma authorized clinical trials of cannabis oil for persons 18 years of age or younger with severe forms of epilepsy. In 2016, the age cap was removed and clinical trials were expanded to cover other specific diseases and conditions.[11][12]
Medical marijuana at the federal level
While marijuana is still illegal at the federal level as of 2018, enforcement of federal marijuana laws had not been strictly implemented against state-legal medical marijuana as of February. On January 4, 2018, however, Attorney General Jeff Sessions rescinded the Cole Memo, a 2013 directive that deprioritized the enforcement of federal marijuana laws in states where marijuana had been legalized. This allowed federal prosecutors to make decisions individually concerning enforcement of marijuana.[13][14]
In December 2014, Congress passed the Rohrabacher-Farr amendment (now called the Rohrabacher-Blumenauer amendment) as part of a budget bill and renewed the amendment each year through 2017. The amendment prohibits federal agents from raiding medical marijuana growers in states where medical marijuana is legal, effectively allowing states to legalize medical marijuana. In May 2017, Attorney General Jeff Sessions sent a letter to Congress asking legislators to deny recertification to the Rohrabacher-Blumenauer amendment. Following seven temporary continuations of the amendment—including in September 2017, on December 8 and December 22 of 2017, and on January 22, 2018—Congress passed another temporary continuation of the Rohrabacher-Blumenauer amendment on February 9, 2018, that extended it through March 23, 2018.[15] …
Page 5: How did SQ 788 get on the ballot?
State Question 788 was put on the ballot through a successful initiative petition effort. Proponents needed to collect 65,987 valid signatures within 90 days of their petition being cleared for circulation. State Question 778 was filed with the secretary of state’s office on April 11, 2016. Oklahomans for Health sponsored the petition. The secretary of state set the start date of the petition drive for May 14, 2016, which means Oklahomans for Health had until August 11, 2016, to collect the required signatures. Signatures for the measure were verified in September 2016, initially targeting the November 2016 ballot. However, the date of signature submission, a rewrite of the ballot title, and an ensuing court battle meant the initiative was not certified for the 2016 ballot. On March 27, 2017, the Oklahoma Supreme Court resolved the lawsuit, ruling in favor of Oklahomans for Health. On January 4, 2018, Gov. Mary Fallin (R) issued a proclamation setting the primary election on June 26, 2018, as the election date for the initiative. A governor had not selected a date different from the general election for an initiative since 2005.
Cost of signature collection:
Ballotpedia found no petition companies that received payment from the sponsors of this measure, which means signatures were likely gathered largely by volunteers. A total of $26,988.00 was spent to collect the 65,987 valid signatures required to put this measure before voters, resulting in a total cost per required signature (CPRS) of $0.41.[16]…
Page 6: How do I vote on SQ 788?
| Oklahoma voter? What you need to know for Tuesday, June 26: | |
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| Registration deadline: | The deadline to register to vote in this election is June 1. |
| Early voting times: | June 21: 8 a.m. – 6 p.m.; June 22: 8 a.m. – 6 p.m.; June 23: 8 a.m. – 2 p.m. |
| Absentee ballot request deadline: | Absentee ballots must be requested by 5 p.m. on June 20 |
| Absentee ballot return deadline: | Absentee ballots must be received by 7 p.m on election day |
| Poll times: | On election day, polls are open from 7 a.m. to 7 p.m. |
