Comparison of State Questions 818, 819 and 820
TYPE OF LAW
SQ 818 Constitutional measure – Amendable by the legislature as specified and allowed by 818.
SQ 819 Constitutional measure – Amendable by the legislature as specified and allowed by 819.
SQ 820 Statutory measure – Amendable or erasable by the legislature, like SQ788 .
NOTE: Constitutional measures overrule statutory measures. If both SQ 819 and SQ 820 pass, the law of SQ 819 will override SQ 820 where there is a conflict in language.
THE PROPOSAL
SQ 818 Medical Marijuana – (SQ 788 is a statutory measure)
SQ 819 Recreational Marijuana ages 21 and over
SQ 820 Recreational Marijuana ages 21 and over
ENACTMENT TIMELINE
SQ 818 Phases in over the course of a year. patient rights begin the day of passage. Industry benefits, financial transparency, and audit of the program and OMMA becoming the Oklahoma State Cannabis Commission happens over the course of a year.
SQ 819 Phases in over the course of a year. Individual rights begin on the day of passage. Industry benefits, and phase out of the 7% excise tax on MMJ happen over the course of a year.
SQ 820 To be determined. Becomes law 90 days from passage. From that date, OMMA is given 90 days to issue rules and begin accepting commercial license applications. As a statutory measure, the legislature has total authority to modify the enactment timeline.
PRODUCT SALES
SQ 818 Medical marijuana only. Allows license reciprocity with other State’s MMJ card holders. Allows all legal US residents to obtain an Oklahoma patient license.
SQ 819 Recreational sales begin 60 days from passage. Medical and recreational sales are separated at time of payment by either a medical license for the medical tax rate or a state/federal ID for the recreational tax rate.
SQ 820 To be determined. As written, OMMA would be required to begin accepting applications for recreational licenses. No limit placed on time OMMA has to issue licenses. Sales would begin once a license is issued.
LICENSE REQUIREMENT
SQ 818 $2500 license fee and no limit on licenses as written in SQ 788
SQ 819 Single license system, no additional license cost. All MMJ current commercial license holders are automatically licensed for recreational sales. Future licenses are one for both MMJ and recreational products. No limit on licenses as written in SQ 788.
SQ 820 Dual license system, $2500 license fee for recreational commercial licenses, in addition to current cost for MMJ license. Allows for up to $2500 application fee in addition to license fee. For the first 2 years from enactment, MMJ licenses that have been in effect for more than one year may apply for a recreational license. No limit on licenses as written in SQ 788.
PRODUCT TAX
SQ 818 Retains the 7% excise tax on MMJ as written in SQ 788
SQ 819 Creates 15% state excise tax on recreational sales. This 15% tax rate could be lowered but not raised by the legislature. Creates 3% wholesale tax on future export sales. Eliminates 7% excise tax on MMJ.
SQ 820 to be determined. Creates 15% state excise tax on recreational sales. This 15% rate can be raised or lowered by the legislature. Retains the 7% excise tax on MMJ as written in SQ 788
REGULATORY REQUIREMENTS
SQ 818 Works with existing regulations, modifies requirements for product testing and tracking
SQ 819 Works with existing regulations. Tracks future regulation to those of the MMJ program
SQ 820 Requires OMMA to produce and maintain a separate set of regulations for recreational and medical marijuana.