Oklahoma State Rep. Scott Fetgatter (R-Okmulgee), has filed a bill calling for a state-wide vote on legalizing “adult use” or recreational marijuana, said Tulsa medical marijuana attorney Stephen Cale.
The First Regular Session of the 58th Oklahoma Legislature convenes on Monday, February 1st.
The Oklahoma Constitution allows the State Legislature to pass a bill that forces a matter be put to a vote of the people. If passed, Fetgatter’s HB 1961 would put the issue of legalizing adult use marijuana to a state-wide vote on Nov. 8, 2022, Cale said.
WHAT THE LAW WOULD ALLOW
The new law, if approved by Oklahoma voters, would be known as the “”Oklahoma Adult Access to Marijuana Act of 2021.” It would do the following:
- Allow licensed dispensaries to sell marijuana and marijuana products to people who do not have a medical marijuana card. Those without a medical card must be at least 21 years old. The person buying marijuana must show valid, government-issued identification, such as a driver’s license or state-issued ID card.
- Impose a 15 percent excise tax on the sale of marijuana and marijuana products to buyers who are at least 21 years old and do not have an Oklahoma patient card or caregiver license.
- Put excise tax monies into the State’s General Revenue Fund, to be paid out by direct appropriations by the State Legislature.
- Allow for counties, cities and towns to impose sales taxes in addition to the 15 percent excise tax.
- Allow a person who is at least 21 years old to transfer, without compensation, one ounce of marijuana to another person who is at least 21 years old.
- Allow a person who is at least 21 years old to possess, use, display, buy or transport marijuana accessories or one ounce or less of marijuana.
WHAT THE LAW WOULD PROHIBIT
If voters approve of the ballot measure, the new law would not allow the following:
- Possessing, using, displaying, purchasing or transporting marijuana accessories or one ounce or less of marijuana as a basis for seizure or forfeiture of assets. The bill defines “marijuana accessories” as “any equipment, products or materials of any kind which are used, intended for use or designed for ingesting, inhaling, vaporizing, converting or otherwise consuming or using marijuana.”
- A dispensary to get personal information from a buyer other than government-issued identification to determine the age of the consumer.
PRESERVATION OF RIGHTS FOR MEDICAL MARIJUANA PATIENTS, CAREGIVERS, AND BUSINESSES
HB 1961, specifically states that: “Nothing in this act shall be construed to limit or otherwise impact any privileges or rights of a licensed medical marijuana patient, licensed caregiver or licensed medical marijuana business.”
EFFECTIVE DATE
If voted into law by the people, the act would go into effect on January 1, 2023, Cale said
WORKING WITH THE CALE LAW OFFICE
The Cale Law Office is dedicated to the practice of medical marijuana law and criminal defense. 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.
We have helped numerous people set up marijuana businesses and acquire their commercial medical marijuana licenses. 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. Your initial consultation is free. You can also contact us through the web.
Tulsa medical marijuana attorney Stephen Cale is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). He also serves on the board of Green Country NORML, a Tulsa chapter of NORML.
Cale works with a number of marijuana-related organizations. He is a Legal Committee member of the National Organization for the Reform of Marijuana Laws (NORML). Additionally, he serves on the board of Green Country NORML, a Tulsa chapter of NORML. He also serves as a board member of, and is on the Standard Operating Procedures steering committee for, OK4U Approved, a medical marijuana patient union and trade organization.