If passed into law, a senate bill would allow municipalities and counties the power to restrict or ban medical marijuana by a majority vote of the people of those municipalities or counties, said Tulsa medical marijuana attorney Stephen Cale.
State Sen. Marty Quinn (R-Claremore) introduced Senate Bill 1519 on January 15th. The Oklahoma Legislature convenes on Feb. 3rd.
Sen. Quinn also introduced a bill that would raise the licensing fee for growers, dispensaries, and processors from $2,500 to $10,000. See State Bill Seeks To Raise Medical Marijuana Business License Fee To $10,000.
BREAKING IT DOWN
Under SB 1519, a “municipality or county may, by vote of a majority of the registered voters in the municipality or county, restrict or prohibit the possession, consumption, transport, sale, cultivation or manufacture of marijuana or marijuana products, or any combination thereof.”
TWO WAYS THE VOTE COULD HAPPEN
Under the bill, there are two ways such a vote (or election) could happen, said Tulsa medical marijuana attorney Stephen Cale.
BY PETITION
A vote could be called for much like an initiative petition for a state question.
The county or municipality must call an election upon receiving a petition signed by a certain number of registered voters in that county or municipality.
The number of required signatures must total at least 15 percent of the total votes cast in the municipality or county in the last general election for governor.
BY MOTION OF THE MUNICIPALITY OR COUNTY
SB 1519 also allows a municipal governing body or board of county commissioners to call for an election on its own.
ELECTION DAY MANDATES
The bill also mandates what date the election can be held. For municipalities, the vote would be held on:
- Any regularly scheduled federal, state or municipal election held in the municipality;
- A special election held in the municipality for a federal, state or municipal office; or
- A special election held in the municipality for another municipal proposition or a state question.
For a county, the vote would be held on:
- Any regularly scheduled federal, state or county election held in the county;
- A special election held in the county for a federal, state or county office; or
- A special election held in the county for another county proposition or a state question.
EFFECTIVE DATE
If passed into law, SB 1519 would go into effect Nov. 1, 2020.
WORKING WITH CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of criminal defense and medical marijuana law. Our mission is to achieve the best possible results for our clients through hard work, attention to detail, and aggressive representation. This is done while maintaining the highest level of professionalism, integrity, and ethical standards.
If you want a medical marijuana business license, marijuana compliance auditing, or need legal representation in the Oklahoma medical marijuana industry, call the Cale Law Office at 918-771-7314. Or, contact us through the web. Your initial consultation is free.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He has been serving people with legal needs for more than 20 years.
He also serves on the board of Green Country NORML, a Tulsa chapter of NORML.