THE OKLAHOMA MARIJUANA LIBERTY AND REGULATION ACT

Disclaimer

Thank you to all who have contributed to this offering. A community working together can accomplish a lot in a short time. In Oklahoma, we work together when the going gets rough. Let’s get to work.

This document is written and released for Oklahomans, so inclined, to consider and comment. The public comment period is open July 2nd-28th, 2021. We sincerely appreciate everyone who takes the time to take action.

We will compile feedback and re-release and update around July 30th, 2021 for final commentary. In early August, 2021 we may file a draft revised from public commentary and feedback.

General Petition Process Updates

7/20/21 – As of this date we are roughly 2 weeks behind the targeted schedule for potential filing of language for both Medical and Recreational petitions. This schedule is important to stay on. However, the two weeks consumed have paid dividends in outreach and feedback across our State. We’ll likely hold public comment open on Recreational language for an additional week.

Document Change Log

7/21/20 – Recreational Document Released

 

THE OKLAHOMA MARIJUANA LIBERTY AND REGULATION ACT

SECTION 1. Safeguarding Medical Marijuana

(1) Nothing in this Article may be construed to limit or abrogate any privilege, right, immunity or defense of medical marijuana patient licensees, caregiver licensees, or medical marijuana business licensees.

SECTION 2. Possession Rights

  1. It shall be lawful for all persons twenty-one (21) years of age and older to grow, purchase, transport, receive, share, gift, prepare and consume marijuana. It shall be lawful for all persons twenty-one (21) years of age and older to possess up to: twelve (12) marijuana plants and the marijuana harvested therefrom; one (1) ounce of concentrated marijuana; seventy-two (72) ounces of topical marijuana; seventy-two (72) ounces of edible marijuana; eight (8) ounces of suppository marijuana; and eight (8) ounces of commercially sold or gifted marijuana. These amounts are cumulative. The legislature is permitted to increase these quantities as well as permit other forms of marijuana.
  1. It shall be lawful for all persons twenty-one (21) years of age and older to purchase, possess and use marijuana paraphernalia.
  1. Possession of marijuana or marijuana products within the limits indicated in this Article shall not constitute either a criminal or civil infraction and shall not be subject to any fine, penalty, sanction or other punishment.

SECTION 3. General Protection Language

  1. No person shall be subject to arrest, prosecution or penalty in any manner under state law or municipal or county ordinance or resolution including without limitation a civil penalty or disciplinary action by a business, occupational or professional licensing board or bureau, solely on the basis of conduct permitted under this Article.
  1. No person shall be denied any form of healthcare, housing, employment, public assistance, public benefit, parental right, educational opportunity, extracurricular activity, or licensure solely on the basis of conduct permitted by this Article unless failure to do so would result in substantial imminent harm under federal law or regulations.

(3)No person shall be denied eligibility in public assistance programs including, but notlimited to, Medicaid, Supplemental Nutrition Assistance Program (SNAP), Women,Infants, and Children Nutrition Program (WIC), Temporary Assistance for NeedyFamilies(TANF)orothersuchpublicassistanceprogramssolelyonthebasisofconductpermittedunder thisArticle,unless required by federallaw.

  1. No test which identifies the presence of THC metabolites in a person’s blood, urine, hair, hair follicle, or other body fluids or tissues shall be used as dispositive of impairment for the purposes of denying any form of healthcare, housing, employment, public assistance, public benefit, parental right, educational opportunity, extracurricular activity, or licensure. Nothing in this section shall prohibit the use of tests assessing the presence of active-THC for the purpose of determining impairment.

SECTION 4. Privacy Rights

  1. All patients have the right to HIPAA and other relevant Privacy protections under the law and in accordance with Health and Human Services guidelines as well as federal and state guidelines. No patient records, or information are allowed to be sold without the written approval of the patient. All software must contain HIPAA and Privacy patient protections where patient data, personal identifiers or related medical information is used, accessed or maintained in a system of records or data.
  1. The handing of any records maintained by the agency authorized to regulate marijuana or by businesses licensed by or contracted with this agency shall comply with all applicable state and federal privacy laws.

SECTION 5. Employment Rights

  1. No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of conduct permitted by this Article.
  1. This is not to exclude workplace policies which prohibit the use or being under the influence of marijuana during a work shift for a safety-sensitive employee, or the testing for active-THC in order to assess current impairment. Standardized OSHA kinetic and/or cognitive evaluations to determine job safety and current impairment of personnel shall be permissible to determine impairment.

SECTION 6. Healthcare Rights

(1)For the purposes of medical care, including organ transplants, marijuana use does notconstitute the use of an illicit substance or otherwise disqualify a marijuana user frommedical care.

  1. No medical practitioner shall deny or alter the treatment of a patient, including the prescribing of scheduled medications such as opioids or benzodiazepines, solely on the basis of conduct permitted by this Article, unless that denial or alteration is medically indicated.
  1. It is within the standard of care for a medical practitioner with appropriate prescriptive authority to prescribe scheduled medications, including opioids, to medical marijuana patient licensees without having to modify the patient’s treatment solely on the basis of conduct permitted under this Article.

SECTION 7. Parental Rights

(1) No person shall be denied custody of or visitation or parenting time with a minor and there is no presumption of neglect or child endangerment for conduct permitted under this Article.

SECTION 8. Licensure Rights

  1. No person shall be unduly withheld from holding a state-issued license by virtue of conduct permitted under this Article. This includes drivers’ licenses and concealed carry permits, occupational and professional licensing.
  2. The presence of THC-metabolites in a person’s blood, urine, hair, hair follicle, or other body fluids or tissues carries no evidentiary weight with regards to current impairment.
  1. It is not unlawful to operate a motor vehicle with THC metabolites in one’s body fluids or tissues. Further, the mere presence of THC in one’s body fluids or tissues is not dispositive of impairment.
  1. This does not, however, make it lawful to drive while impaired nor does it prohibit testing for active THC as part of a determination of impairment. Notwithstanding operating a motor vehicle while impaired, no conduct permitted by this Article shall be the basis for the revocation or suspension of a motor vehicle license.
  1. Nothing in this section shall prohibit the use of breathalyzers, blood tests or other technologies for assessing the presence of active-THC. Nothing in this section shall prohibit the use of tests assessing the presence of active-THC for the purpose of determining impairment.
  1. Nothing in this section shall be construed to permit operating a motor vehicle while impaired.

SECTION 9. Second Amendment Rights

  1. No person engaged in conduct permitted by this Article shall be denied the right to own, purchase, possess or use a firearm, ammunition, or firearm accessories solely based upon conduct permitted under this Article.
  1. No state or local agency, municipal or county governing authority shall restrict, revoke, suspend or otherwise infringe upon the right of a person to own, purchase or possess a firearm, ammunition, or firearm accessories or any related firearms license or certification based solely on conduct permitted under this Article.
  1. No state or local agency, municipal or county governing authority shall enforce a federal law that prohibits or restricts firearm use or ownership solely on the basis of conduct permitted under this Article.

SECTION 10. Fourth and Fifth Amendment Rights

  1. No conduct permitted under this Article shall be the basis for the revocation of bail, parole, or probation.
  1. No person currently under parole, probation, or other state supervision, or released awaiting trial or other hearing, may be punished or otherwise penalized based solely on conduct that is permitted under this Article.
  1. No conduct permitted under this Article shall constitute a reasonable articulable suspicion of any civil infraction or criminal act.
  1. No conduct permitted under this Article shall constitute the basis for detention, search, or arrest; and except when law enforcement is investigating whether a person is operating a motor vehicle, motorboat, or other motorized form of transport while impaired.
  1. Suspicion without evidence of possession of marijuana of quantity in excess of the amount lawful under this Article or the possession of multiple containers of marijuana without evidence of quantity in excess of the amount lawful under this Article shall not constitute reasonable articulable suspicion of a crime.
  1. Marijuana, marijuana concentrates, and marijuana-infused products permitted for possession by a patient licensee or caregiver are not subject to seizure.
  1. No person shall be subject to increased punishment for any crime or civil infraction on the basis of any conduct permitted under this Article.

SECTION 11.Homegrow and Local Protection

(1)There shall be no additional licensing or fees related to homegrows.No municipal orcounty governing body or agency may charge any additional fees or require anyadditional licensing for homegrows.

  1. Municipal and county governing bodies shall not restrict or interfere with the rights of patient licensees or caregivers to possess, purchase, cultivate or transport marijuana within the quantities permitted under this Article.
  1. No ordinance, regulation or statute relating to homegrows shall be unduly burdensome.

SECTION 12. No Further Regulatory Agency or Business Licenses Required

  1. The same agency responsible for the regulation of medical marijuana is hereby authorized to regulate marijuana activities related to this Article.
  1. All licensed marijuana dispensaries shall, sixty days after the passage of this Article, be permitted to sell marijuana and marijuana products to all medical marijuana patient licensees, caregiver licensees, as well as all persons twenty-one (21) years of age and older.
  1. There shall be no further licenses, fees or registrations required by a state agency, county or municipal government in order for medical marijuana business licensees to engage in business activities of the same business license type and at the same location for conduct related to this Article, nor shall there be additional licenses, fees or registrations required by a state agency, county or municipal government in order for business licensees engaged in activities related to this Article to engage in business activities of the same business license type and at the same location for conduct specific to medical marijuana.

SECTION 13. Taxes and Expenditures

  1. The excise tax rate for marijuana and marijuana products purchased by persons without a valid Oklahoma medical marijuana patient license or Oklahoma caregiver license shall be fifteen (15) percent. This rate of fifteen (15) percent may be lowered or raised to a maximum of twenty (20) percent by the Oklahoma State Legislature. This tax shall be collected at the point of retail sale.
  1. The Oklahoma Tax Commission shall be responsible for collecting this tax and for directing it to the Oklahoma Cannabis General Fund. Revenue in this Fund shall first provide for the operational costs of the agency responsible for the regulation of marijuana in addition to the expenditures from the Fund as specified in this section.

 

  1. One hundred and eighty (180) days after the passage of this Article, the excise tax rate for marijuana and marijuana products purchased by an Oklahoma medical marijuana patient licensee or Oklahoma caregiver licensee shall be reduced from seven (7) to five (5) percent.
  1. Two hundred and seventy days (270) after the passage of this Article, the excise tax rate for marijuana and marijuana products purchased by an Oklahoma medical marijuana patient licensee or Oklahoma caregiver licensee shall be reduced from five (5) to three (3) percent.
  1. One (1) year after the passage of this Article, the excise tax rate for marijuana and marijuana products purchased by an Oklahoma medical marijuana patient licensee or Oklahoma caregiver shall be reduced from three (3) to zero (0) percent.
  1. Counties and municipalities shall not add any additional taxes, fees or further charges to marijuana businesses and consumers, with the exception of an increase in county or municipal sales tax rates affecting all other taxedgoods.
  1. One point five percent (1.5%) of the gross collection of the excise tax on retail marijuana sales shall be allotted and transferred into a Research and Education Fund. These funds may be made available to Research and Education Licensees for uses including but not limited to the study, production, testing and education regarding cannabis, hemp, marijuana and all other plant-based medicinal, agricultural and industrial uses.
  1. Three percent (3%) of the gross collection of the excise tax on retail marijuana sales shall be granted to municipalities for emergency mental health response programs. These grants shall not exceed the funding allocated by municipalities to their emergency mental health response programs. Municipalities must apply for these grants with a plan with not more than 50% going toward administration. Grant applications shall be made available within one (1) year of passage of this Act. Grant funding shall be divided among applicants proportionately to the population of each applicant as long as resources are available.
  1. Three percent (3%) of the gross collection of the excise tax on retail marijuana sales shall be granted to the County Extension Program administered by Oklahoma State University. These funds shall be utilized to study, promote and encourage both regenerative agricultural and water conservation practices.

(10)Three percent (3%) of the gross collection of the excise tax on retail marijuana sales shall be used for Law enforcement training on mental health and Marijuana Program protocols through CLEET.

  1. Three percent (3%) of the gross collection of the excise tax on retail marijuana sales shall be used to fund means-tested grants to pay for the expungement program outlined in Section 4 of this Article. Any unused amount from this allocation shall be transferred to the Oklahoma Cannabis General Fund.
  1. The agency responsible for the regulation of marijuana may receive legislative appropriations for funding from the legislature upon submission of a budget in accordance with regular agency budget submissions and the approval of the legislature.
  1. Funds not utilized for the purposes specified in this Article shall transfer to the State General Revenue Fund.Seventy-five percent (75%) of such transferred funds shall only be expended for common education.

SECTION 14. Expungement

  1. A person currently serving a sentence for a conviction, whether by trial or by plea of guilty or nolo contendere, who would not have been guilty of an offense or who would have been guilty of no offense or a lesser offense under this Article 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 Article.
  1. Upon receiving a petition, the court shall presume the petitioner satisfies the criteria for resentencing, modification, or reversal and without delay resentence or reverse the conviction as legally invalid, or modify the judgment and sentence.
  1. A person who has completed his or her sentence for a conviction, whether by trial or plea of guilty or nolo contendere, who would not have been guilty of no offense or an offense or who would have been guilty of a lesser offense under this Article had it been in effect at the time of the offense, may file a petition before the trial court that entered the judgment of conviction in the person’s case to have the conviction dismissed, expunged, and vacated as legally invalid or redesignated as a civil infraction in accordance with this Article.
  1. Nothing in this section shall be construed to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. The provisions of this section shall apply equally to juvenile cases if the juvenile would have been guilty of a lesser offense under this Article. A completed expungement will automatically restore the person’s

rights to possess and use firearms. A completed expungement of marijuana related felony convictions shall also automatically restore the person’s right to vote.

  1. Nothing in this section shall be construed as limiting the authority of the Legislature to make the process for ensuring retroactive application of this article less burdensome or automatic for persons currently serving sentences or under criminal justice supervision or who have been previously convicted for conduct now permitted or reclassified under this article, or to reduce or eliminate civil or criminal penalties for any cannabis-related conduct beyond what is set forth in this Article.

SECTION 15. Relations to Federal Law

  1. If federal law allows for the cultivation, manufacture, processing, distribution, transport, sale and consumption of marijuana and products derived from the marijuana plant, Oklahoma shall have no restrictions greater than allowed for under federal law.
  1. The State of Oklahoma shall not impose any law or regulation more restrictive than what federal law and regulations allow for, including interstate, intrastate and international commerce unless otherwise specified in this Article.
  1. The Oklahoma Bureau of Narcotics and Dangerous Drugs shall retain the authority to enforce Cannabis and Marijuana law in Oklahoma.
  1. Should the federal government legalize marijuana, the possession quantities permitted in this Article shall be raised to the maximums permitted by federal law. Should the federal government legalize marijuana, but not set specific possession maximums, the legislature shall determine maximum limits but they shall not be below the maximums indicated in this Article.
  1. Should either federal action be taken to allow for the interstate transfer of marijuana or the United States Department of Justice issues an opinion or memorandum allowing or tolerating the interstate transfer of marijuana, transfer of marijuana between this state and other states shall be permitted. Such transfers must be in compliance with the laws and regulations of both the origin and destination states.

SECTION 16. Judicial Review

(1) Any rule or regulation adopted pursuant to this Article must comply with the Oklahoma Administrative Procedures Act. Any person aggrieved by a final agency order is entitled to seek judicial review in accordance with Oklahoma law. If the regulatory agency fails to timely promulgate rules required by this Article, any resident of the state may commence a mandamus action in district court to compel performance by the regulatory agency in accordance with this Article.

SECTION 17. Severability

 

(1) The provisions hereof are severable, and if any part or provision hereof shall be void, invalid, or unconstitutional, the decision of the court so holding shall not affect or impair any of the remaining parts or provision hereof, and the remaining provisions hereof shall continue in full force and effect.

SECTION 18. Effective Date

(1) This Article shall become effective immediately upon its passage.

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