806

FILED

DEC 1 2 2019

OKLAHOMA SECRETARY

OF STATE
PROPOSED BALLOT TITLE

This measure adds a new article to the Constitution, which would generally legalize, regulate and
tax marijuana for persons aged 21+ under state law. Speciﬁcally, it protects the personal use of
marijuana for those 21+, while establishing quantity limits, safety standards, and other
restrictions. It maintains prohibitions on impaired driving and distribution to, or use by, those
under 21. It would not affect employers’ ability to restrict marijuana use by employees. Property
owners generally may restrict marijuana on their property. The Oklahoma Marijuana Authority
would license and regulate marijuana—related conduct and administer the article pursuant to
speciﬁed requirements. It provides for local zoning of businesses and permits municipalities,
upon popular vote, to limit or prohibit retail licenses. It imposes a 15% excise tax on sales (not
applicable to medical marijuana) to fund the Authority, localities where sales occur, schools (for
programs to prevent substance abuse and improve student retention and performance), and drug-
addiction treatment programs, while ensuring such funds must add to, and not replace, existing
funding. It provides a judicial process for people to seek modiﬁcation, reversal, redesignation or
expungement of certain prior marijuana—related judgments and sentences. Its provisions are
severable and would take effect in 90 days.

Shall the proposal be approved?
For the proposal -— YES

Against the proposal —— NO

A “YES” vote is a vote in favor of this measure. A “NO” vote is a vote against this measure.

15

FILED
DEC 1 2 2019
State Question No. ?Oé , Initiative Petition No. 4a 9\

—_——OKLAHOMA SECRETARY

OF S
WARNING TATE

IT IS A FELONY FOR ANYONE TO SIGN AN INITIATIVE OR REFERENDUM PETITION WITH ANY
NAME OTHER THAN HIS OWN, OR KNOWINGLY TO SIGN HIS NAME MORE THAN ONCE FOR
THE MEASURE, OR TO SIGN THE PETITION WHEN HE IS NOT A LEGAL VOTER.

INITIATIVE PETITION
To the Honorable 'John Kevin Stitt, Governor of Oklahoma:

We the undersigned legal voters of the State of Oklahoma respectfully order that
the following proposed Amendment to the Constitution shall be submitted to the legal
voters of the State of Oklahoma for their approval or rejection at the next regular general
election (or at a special election as may be called by the Governor), and each for
himself/herself says: I have personally signed this petition; I am a legal voter 0f the State of
Oklahoma; my residence is correctly written after my name. The time for ﬁling this
petition expires ninety (90) days from . The question we herewith
submit to our fellow voters is:

Shall the following proposed new Article 31 t0 the Oklahoma Constitution be
approved?

BE IT ENACTED BY THE PEOPLE OF OKLAHOMA THAT A NEW ARTICLE 31 TO THE
OKLAHOMA CONSTITUTION BE APPROVED:

CONSTITUTION OF OKLAHOMA, ARTICLE 31
MARIJUANA

§ 1. Deﬁnitions
Terms used in this article mean:

(1) “Authority” means the Oklahoma Marijuana Authority or its successor agency or
agencies.

(2) “Consumer” means a person twenty-one years of age or older.
(3) “Department” means the Oklahoma State Department of Health.

(4) “Entity” means an individual, a sole proprietorship, a general partnership, a limited
partnership, a limited liability company, a trust, an estate, an association, a corporation,
or any other legal or commercial entity.

(5) “Hemp” means the plant of the genus cannabis, and any part of that plant, including the
seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts
of isomers, whether growing or not with a delta-9 tetrahydrocannabinol concentration of
not more than three—tenths of one percent on a dry weight basis.

(6) “Licensee” means an entity licensed pursuant to this article and the Authority’s rules.
(7) “Local government” means a county, municipality, or other political subdivision.
(8) “Marijuana” means cannabis indica, cannabis sativa, and cannabis ruderalis, hybrids of

such species, as well as resin extracted from the plant and marijuana-infused products.
“Marijuana” does not include hemp, or commodities or products manufactured with

hemp, or any other ingredient combined with marijuana to prepare topical, oral, or rectal
administrations, food, drink, or other products.

(9) “Marijuana accessory” means any equipment, product, or material, which is speciﬁcally
designed for use in planting, propagating, cultivating, growing, harvesting,
manufacturing, compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise
introducing marijuana into the human body.

(10) “Marijuana-infused product” means marijuana, its resin, or an extract derived therefrom
mixed with other ingredients for topical, oral, or rectal administration. “Marijuana-
infused product” does not include hemp, or commodities or products manufactured with
hemp.

(11) “Medical marijuana” means marijuana that is grown, processed, dispensed, tested,
possessed, or used for a medical purpose.

(12) “Medical marijuana license” means a licensed issued by the Authority proving the holder
of such license is a member of a state-regulated medical marijuana program.

(13) “Patient” or “Licensed patient” means a person that has been properly issued a medical
marijuana license pursuant to Oklahoma law and Authority regulations.

(14) “School” means a public or private preschool or a public or private elementary or
secondary school used for school classes and instruction. A homeschool, daycare, child-
care facility, or other structure not primarily used for school classes and student
instruction shall not be considered a “school” as used in this article.

(15) “Unduly burdensome” means that the measures necessary to comply with the rules or
ordinances adopted pursuant to this section subj ect licensees or potential licensees to such
a high investment of money, time, or any other resource or asset that a reasonably
prudent businessperson would not operate a marijuana business.

§2. Limitations

Notwithstanding the provisions of this article, this article does not limit or affect laws that
prohibit or otherwise regulate:

(1) Delivery or distribution of marijuana or marijuana accessories, with or without
consideration, to a person younger than twenty-one years of age;

(2) Purchase, possession, use, or transport of marijuana or marijuana accessories by a person
younger than twenty-one years of age;

(3) Consumption of marijuana by a person younger than twenty-one years of age;

(4) Operating or being in physical control of any motor vehicle, train, aircraft, motorboat, or
other motorized form of transport while under the inﬂuence of marijuana;

(5) Consumption of marijuana while operating or being in physical control of a motor
vehicle, train, aircraft, motorboat, or other motorized form of transport, while it is being
operated;

(6) Smoking marijuana while riding in the passenger seat or compartment of a motor vehicle,
aircraft, motorboat, or other motorized form of transport, while it is being operated;

(7) Possession or consumption of marijuana or possession of marijuana accessories on the
grounds of a public or private preschool, elementary school, or high school, in a school
bus, or on the grounds of any correctional facility;

(8)

(9)

(10)

Smoking marijuana in a public place, other than in an area licensed by the Authority for
consumption, unless otherwise allowed by the Legislature or a local government;

Undertaking any task under the inﬂuence of marij uana, if doing so would constitute
negligence or professional malpractice; or

Performing solvent-based extractions on marijuana using solvents other than water,
glycerin, propylene glycol, vegetable oil, or food grade ethanol, unless licensed for this
activity by the Authority.

§3. Employment, Property, and Patients

Notwithstanding the provisions of this article, this article does not:

(1)
(2)
(3)

(4)

(5)

Require that an employer permit or accommodate conduct allowed by this article;
Affect an employer’s ability to restrict the use of marijuana by employees;

Limit the right of a person who occupies, owns, or controls private property from
prohibiting or otherwise regulating conduct permitted by this article on or in that
property, except that a lease agreement may not prohibit a tenant from lawfully
possessing and consuming marijuana by means other than smoking;

Limit the ability of the state or a local government to prohibit or restrict any conduct
otherwise permitted under this article within a building owned, leased, or occupied by the
state or the local government; or

Limit any privileges, rights, immunities, or defenses of a patient or medical marijuana
licensee as provided under Oklahoma law.

§4. Personal Use Protections

(1)

Subj ect to the limitations in this article, the following acts are not unlawful and shall not
be an offense under state law or the laws of any local government within the state or be
subject to a civil ﬁne, penalty, or sanction, or be a basis for detention, search, or arrest, or
to deny any right or privilege, or to seize or forfeit assets under state law or the laws of
any local government, if the person is at least twenty-one years of age:

(a) Possessing, purchasing, using, ingesting, inhaling, processing, transporting,
delivering without consideration, or distributing without consideration one ounce
or less of marijuana, eight grams or less of marijuana in a concentrated form,
and/or eight grams or less of marijuana in concentrated form contained within
marijuana-infused products. The quantities listed here are cumulative.

(b) Possessing, planting, cultivating, harvesting, drying, processing, or manufacturing
not more than six mature marijuana plants and six seedlings, and possessing the
marijuana produced by the plants and seedlings, provided:

(i) The plants and seedlings and any marijuana produced by the plants and
seedlings in excess of one ounce are kept at one private residence, are in a
locked space, and are not Visible by normal, unaided vision from a public
place; and

(ii) Not more than twelve plants and twelve seedlings are kept in or on the
grounds of a private residence at one time.

(c) Assisting another person who is at least twenty—one years of age, or allowing
property to be used, in any of the acts permitted by this article.

(2)

(3)

(4)

(5)

(6)

(7)

(d) Possessing, purchasing, using, delivering, distributing, manufacturing,
transferring, or selling marijuana accessories to persons twenty-one years of age
or older.

(e) Transporting not more than six mature marijuana plants and six seedlings
cultivated in compliance with subsection (1)(b) of this section for testing and/or
manufacturing, and/or donation of marijuana for scientiﬁc research, provided
such transportation is permitted by the Authority or the Legislature.

A person shall not be denied parental rights, custody of, or visitation with a minor child
by the state or local government based solely on conduct that is permitted by this article,
unless the person’s behavior is such that it creates an unreasonable danger to the minor
child that can be clearly articulated and substantiated.

A person currently under parole, probation, or other state supervision, or released
awaiting trial or other hearing, may not be punished or otherwise penalized based solely
on conduct that is permitted by this article.

A consumer shall not be required to provide a licensee with identifying information other
than identiﬁcation to determine the consumer’s age, and a licensee may not retain any
personally identifying information about the consumer for more than sixty days (60)
Without the consumer’s written permission.

No conduct permitted by 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, train, aircraft, motorboat, or other motorized form of transport while
impaired, the odor of marijuana or burnt marijuana, the possession or suspicion of
possession of marijuana without evidence of quantity in excess of the lawful amount, or
the possession of multiple containers of marijuana without evidence of quantity in excess
of the lawful amount shall not individually or in combination with each other constitute
reasonably articulable suspicion of a crime. Marijuana and marijuana-infused products as
permitted by this article are not contraband nor subj ect to seizure.

A person shall not be denied eligibility in public assistance programs based solely on
conduct that is permitted by this article, unless required by federal law.

A person shall not be denied by the state or local government the right to own, purchase
or possess a ﬁrearm, ammunition, or ﬁrearm accessories based solely on conduct that is
permitted by this article. 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 that is permitted by this article.

§5. Personal Use Penalties

(1)

(2)

(3)

(4)

A person who, contrary to §4 of this article, cultivates marijuana plants that are Visible by
normal, unaided vision from a public place is subject to a civil penalty not exceeding
two-hundred and ﬁfty dollars.

A person who, contrary to §4 of this article, cultivates marijuana plants that are not kept
in a locked space is subject to a civil penalty not exceeding two-hundred and ﬁfty dollars.

A person who smokes marijuana in a public place, other than in an area licensed for such
activity by the Authority or unless otherwise allowed by the Legislature or a local
government, is subject to a civil penalty not exceeding twenty-ﬁve dollars. Smoking
marijuana in a public place shall not constitute the basis for detention, search, or arrest.

A person who is under twenty—one years of age and possesses, uses, ingests, inhales,
transports, delivers without consideration or distributes without consideration one ounce
or less of marijuana or possesses, delivers without consideration, or distributes without

4


(5)

(6)

(7)

consideration marijuana accessories is subj ect to a civil penalty not to exceed one-
hundred dollars and forfeiture of the marijuana. The person shall be provided the option
of attending up to four hours of drug education or counseling in lieu of the ﬁne.

Subject to the limitations of §4 of this article, a person who possesses not more than
twice the amount of marijuana allowed pursuant to §4 of this article, produces not more
than twice the amount of marijuana allowed pursuant to §4 of this article, delivers
without receiving any consideration or remuneration to a person who is at least twenty-
one years of age not more than twice the amount of marijuana allowed by §4 of this
article, or possesses with intent to deliver not more than twice the amount of marijuana
allowed by §4 of this article:

(a) For a ﬁrst violation, is subj ect to a civil penalty not exceeding two hundred
dollars and forfeiture of the marijuana;

(b) For a second violation, is subject to a civil penalty not exceeding three hundred
dollars and forfeiture of the marijuana;

(c) For a third or subsequent Violation, is subject to a civil penalty not exceeding ﬁve
hundred dollars and forfeiture of the marijuana; or

(d) For a person under twenty—one years of age, is subj ect to a civil penalty not to
exceed two hundred dollars and forfeiture of the marijuana. Any such person shall
be provided the option of attending up to eight hours of drug education or
counseling in lieu of the ﬁne.

A person shall not be subj ect to any additional fees, ﬁnes, or other penalties for the
Violations addressed in this section other than those set forth in this section. Further, a
person shall not be subject to increased punishment for any other crime on the basis of
their having undertaken any of the conduct listed in Sections 4 or 5 of this article.

After J anuary 1, 2024, the Legislature may adjust the ﬁnes set forth in this article, but any
increase shall be no greater than necessary to adjust for inﬂation.

§ 6. Licensing

(1)

(2)

(3)

The Oklahoma Medical Marijuana Authority operating under the Oklahoma State
Department of Health is hereby renamed the Oklahoma Marijuana Authority.

The Authority shall be the sole agency with the power to license and regulate the
cultivation, manufacture, testing, transport, delivery, and sale of marijuana in the state
and to administer and enforce this article.

The Authority shall, at minimum, issue the same license categories and types with the
same application and licensing fees for marijuana under this article that exist under
Oklahoma law for medical marijuana. The Authority shall, at minimum, accept
applications for and issue:

(a) Licenses permitting commercial cultivators and manufacturers of marijuana to
cultivate, process, manufacture, transport, and sell marijuana to marijuana
wholesalers;

(b) Licenses permitting independent marijuana testing facilities to analyze and certify
the safety and potency of marijuana;

(c) Licenses permitting marijuana wholesalers to package, process, and prepare
marijuana for transport and sale to retail sales outlets;

(d) Licenses permitting marijuana to be packaged, processed, and prepared for
transport and sale to retail sales outlets; and

5


(4)

(5)

(6)

(e) Licenses permitting retail sales outlets to sell and deliver marijuana to consumers.

Additional types or classes of licenses, including licenses that allow for only limited
cultivation, processing, transportation, delivery, storage, sale, or purchase of marijuana,
licenses that allow for the consumption of marijuana within designated areas, licenses
that allow for cultivation for purposes of propagation, and licenses intended to facilitate
scientiﬁc research or education, may be created.

An entity may hold both a medical marijuana license and a license under this article of
the same type to operate at the same location consistent with Authority regulations and
this article.

One hundred and twenty days after the effective date of this article, a medical marijuana
licensee that is allowed to distribute marijuana to licensed patients and caregivers and is
in good standing with the Authority may distribute marijuana to consumers so long as the
licensee complies with the limitations set forth in this article and Authority regulations,
including consumer age veriﬁcation requirements and payment of fees.

§ 7. Rules and Regulations

(1)

Not later than three hundred and sixty-ﬁve days after the effective date of this article, the
Authority shall promulgate rules and issue regulations necessary for the implementation
and enforcement of this article. The rules shall be reasonable and shall include:

(a) Procedures for issuing a license and for renewing, suspending, and revoking a
license;

(b) Application, licensing, and renewal fees, not to exceed the amount necessary to
cover the costs to the Authority of implementing and enforcing this article;

(c) Qualiﬁcations for licensure that are directly and demonstrably related to the
operation of a marijuana business;

((1) Requirements and standards for safe cultivation, processing, and distribution of
marijuana and marijuana products by licensees, including health standards to
ensure the safe preparation of marijuana products and prohibitions on pesticides .3
that are not safe for use on marijuana;


(6) Testing standards, procedures, and requirements for marijuana and marijuana
products and a requirement that marijuana and marijuana products be tested by an
independent marijuana testing facility to protect consumers and public health; 5

(t) Labeling standards that protect public health by requiring the listing of
pharmacologically active ingredients, including, but not limited to,
tetrahydrocannabinol (THC), cannabidiol (CBD), and other cannabinoid content,
terpenes, the THC and other cannabinoid amount in milligrams per serving, the
number of servings per package, and quantity limits per sale to comply with the
allowable possession amount;

(g) Requirements that packaging and labels shall not be made to be attractive to
children, requirements for warning labels, and requirements that marijuana and
marijuana products be sold in resealable, child-resistant packaging designed to be
signiﬁcantly difﬁcult for children under ﬁve years of age to open and not difﬁcult
for adults to use properly, unless the marijuana is transferred for consumption on
the premises where sold;

(h) Security requirements, including lighting, physical security, and alarm
requirements, and requirements for securely transporting marijuana between
licensees;


(2)
(3)

(4)

(5)

(i) Packaging and labeling requirements to ensure consumer safety and accurate
information;

(i) Restrictions on the manufacture and sale of edible products to ensure consumer
and child safety;

(k) Inspection, tracking, and record-keeping requirements to ensure regulatory
compliance and to prevent diversion;

(1) Restrictions on advertising, marketing, and display of marijuana by licensees to
prevent advertising and marketing to persons under twenty-one years of age;

(m) A plan to promote and encourage ownership and employment in the marijuana
industry by people from economically distressed areas and to positively impact

those areas;

(n) Requirements to ensure that all applicable statutory environmental, agricultural,
and food and product safety requirements are followed;

(0) Requirements to prevent the sale and diversion of marijuana to persons under
twenty-one years of age;

(p) Requirements to ensure that no licensee may process or sell edible marijuana
products in shapes or packages that are attractive to children or that are easily
confused with commercially sold candy or products that do not contain marijuana;

(q) Administrative penalties for the failure to comply with rules adopted pursuant to
this article; and

(r) Such other matters as are necessary for the fair, impartial, and comprehensive
administration of this article.

The Authority shall not promulgate a rule or regulation that is unduly burdensome.

Each application for a license must be submitted to the Authority, and upon receipt of the
completed application and application fee, the Authority shall forward the application to
the municipality (or county, for an unincorporated area) in which the proposed licensee
will be located, determine whether the applicant qualiﬁes for a license and complies with
this article, and issue the appropriate license or send the applicant a notice of rej ection
setting forth speciﬁc reasons why the Authority did not approve the license application
within 90 days. '

The Authority shall approve a license application and issue a license if:

(a) The applicant has submitted the application in compliance with the rules
promulgated by the Authority, is in compliance with this article and the rules, and
has paid the required fee; and

(b) The locality in which the proposed licensee will be located does not notify the
Authority that the proposed licensee is not in compliance with a local ordinance
consistent with this article that was in effect at the time of the application.

Within one hundred and twenty days of the effective date of this article, the Authority
shall promulgate any necessary rules and regulations to allow medical marijuana
licensees that are allowed under their medical marijuana license to distribute marijuana to
licensed patients and caregivers, and that are in good standing with the Authority, to
distribute to consumers. The rules shall be reasonable and shall include:

(a) A license and licensing fee;


(b) Age veriﬁcation procedures to prevent the sale and diversion of marijuana to
persons under twenty-one years of age; and

(c) Any protections that the Authority deems necessary to ensure that an adequate
supply of marijuana at a reasonable cost is available to licensed patients.

§ 8. Licensee Protections

(1)

(2)
(3)

Actions and conduct by a licensee, a licensee’s employee, and a licensee’s agent, as
permitted pursuant to a license issued by the Authority, or by those who allow property to
be used by a licensee, a licensee’s employee, or a licensee’s agent, as permitted pursuant
to a license issued by the Authority, are not unlawful and shall not be an offense under
state law, or the laws of any local government within the state, or be subj ect to a civil
ﬁne, penalty, or sanction, or be a basis for detention, search, or arrest, or to deny any
right or privilege, or to seize or forfeit assets under state law or the laws of any local
government within the state.

No contract is unenforceable on the basis that marijuana is prohibited by federal law.

A holder of a professional or occupational license is not subject to professional discipline
for providing advice or services arising out of or related to marijuana licensees or
applications on the basis that marijuana is prohibited by federal law.

§ 9. Licensee Restrictions

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

A licensee may not allow cultivation, processing, sale, or display of marijuana or
marijuana accessories to be Visible from a public place outside of the licensed premises
without the use of binoculars, aircraft, or other optical aids.

A licensee may not cultivate, process, test, or store marijuana at any location other than a
physical address approved by the Authority and that is secured in a manner that prevents
access by persons not permitted by the licensee to access the area.

A licensee shall secure every entrance to the establishment so that access to areas
containing marijuana is restricted to employees and other persons permitted by the
licensee to access the area and to agents of the Authority or state and local law
enforcement ofﬁcers and emergency personnel and shall secure its inventory and
equipment during and after operating hours to deter and prevent theft of marijuana and
marijuana accessories.

No licensee may refuse representatives of the Authority the right during the hours of
operation to inspect the licensed premises or to audit the books and records of the
licensee.

No licensee may allow a person under twenty-one years of age to volunteer or work for
the licensee, unless allowed by Authority rule.

Unless allowed by the Legislature or a local government, no retail licensee that is
permitted to sell marijuana to consumers may be located within 1,000 feet of a school.

No licensee may sell or otherwise transfer tobacco or alcoholic beverages from the same
location as marijuana.

No licensee may import or export marijuana into or out of Oklahoma until allowed to do
so under federal law.

§10. Local Governments


(1)

(2)

(3)

(4)

(5)

A local government may enact ordinances or other regulations governing the time, place,
and manner of licensees operating within its jurisdiction.

Individuals may petition to initiate an ordinance to provide for the number of retail
licenses allowed within a municipality or to completely prohibit retail licenses within a
municipality, and such ordinance shall be submitted to the electors of the municipality at
the next regular general election when a petition is signed by a number of qualiﬁed
electors residing within the territorial limits of such municipal corporation equal to no
less than twenty-ﬁve per centum of the total number of votes cast at the next preceding

municipal election.

Until the ﬁrst general election following the election at which this article is adopted, a
municipality may through local ordinance temporarily prohibit a retail licensee regulated
under this article from being located within its jurisdiction.

A local government may not prohibit the transportation of marijuana through its
jurisdiction on public roads by any person licensed to do so by the Authority or as

otherwise allowed by this article.

A local government may not adopt ordinances or regulations that are unduly burdensome.

§11. Marijuana Tax

(1)

(2)

(3)

(4)

An excise tax of ﬁfteen percent (15%) is imposed upon the gross receipts of all sales of
marijuana sold by a person licensed by the Authority pursuant to this article to a
consumer. This tax shall not apply to the sale of medical marijuana to a licensed patient
or caregiver for use by a licensed patient.

The Legislature may adjust this excise tax rate after November 3, 2024 to achieve the
goals of undercutting illicit market prices and discouraging use by persons younger than
twenty-one years of age while ensuring sufﬁcient revenues are generated for the
Oklahoma Marijuana Revenue Trust Fund.

The Oklahoma Tax Commission shall by rule establish a procedure for the collection of
this tax and shall collect the tax.

This tax shall be paid in addition to any other applicable state or local sales tax.

§ 12. Oklahoma Marijuana Revenue Trust Fund

(1)

(2)

There is hereby created a trust fund to be known as the “Oklahoma Marijuana Revenue
Trust Fund.” The trust fund shall consist of all monies received by the Oklahoma Tax
Commission from tax proceeds collected pursuant to the marijuana excise tax established
by this article.

Monies from the Oklahoma Marijuana Revenue Trust Fund will be applied ﬁrst to
ﬁnance the costs of the Authority reasonably necessary for implementation of this article.
Any monies that exceed the budgeted amount for running the Authority shall be

expended only for the following purposes:

(a) Four percent (4%) to the municipalities (or counties, for unincorporated areas)
where the retail sales occurred;

(b) Forty-eight percent (48%) to grants to public schools to develop and support
programs designed to prevent and reduce substance abuse and improve student
retention and performance, by supporting students who are at risk of dropping out
of school, promoting alternatives to suspension or expulsion that focus on student
retention, remediation, and professional care, and providing after-school support
and enrichment programs for students in kindergarten through 12th grade that
include art, music, athletics, and academics; and

9


(c) Forty-eight percent (48%) to provide grants to agencies and not-for-proﬁt
organizations, whether government or community-based, to increase access to
evidence-based low-barrier drug addiction treatment, prioritizing medically
proven treatment and overdose prevention and reversal methods and public or
private treatment options with an emphasis on reintegrating recipients into their
local communities, to support overdose prevention education, and to support job
placement, housing, and counseling for those with substance use disorders.

(3) The Legislature shall appropriate funds from the Oklahoma Marijuana Revenue Trust
Fund only for the purposes speciﬁed in subsection 2 of this section. Grants awarded
pursuant to subparagraph 2 (b) of this section shall be awarded by the Oklahoma State
Department of Education or its successor, and grants awarded pursuant to subparagraph 2
(c) of this section shall be awarded by the Oklahoma Department of Mental Health and
Substance Abuse Services or its successor from funds appropriated from the trust fund.
Even when the funds from the trust fund are used for these purposes, the Legislature shall
not use funds from the trust fund to supplant or replace other state ﬁands supporting the
entities and programs speciﬁed in subsection 2 of this section.

(4) In order to ensure that the funds from the trust fund are used to enhance and not supplant
funding for the purposes set forth in subsection 2 of this section, the State Board of
Equalization shall examine and investigate appropriations from the trust fund each year.
At the meeting of the State Board of Equalization held within ﬁve (5) days after the
monthly apportionment in F ebruary of each year, the State Board of Equalization shall
issue a ﬁnding and report that shall state whether appropriations from the trust fund were
used to enhance or supplant existing funding for the entities and programs speciﬁed in
subsection 2 of this section. If the State Board of Equalization ﬁnds that existing funding
was supplanted by funds from the trust fund, the Board shall specify the amount by which
funding was supplanted. In this event, the Legislature shall not make any appropriations
for the ensuing ﬁscal year until an appropriation in that amount is made to replenish the
trust fund.

§ 13. Judicial Review

Any rule or regulation adopted by the Authority 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 Authority 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 Authority in accordance with this article.

§14. Annual Report

The Authority shall publish an annual report that includes the number and types of licenses
issued, demographic information on licensees, a description of any enforcement or disciplinary
action taken against licensees, a statement of revenues and expenses of the Authority related to
the implementation, administration, and enforcement of this article, and a statement from the
Oklahoma Tax Commission of taxes collected in accordance with this article, with an accounting
for how those revenues were disbursed.

§15. Retroactive Application

(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 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.

(2) Upon receiving a petition under subsection (1), the court shall presume the petitioner
satisﬁes the criteria in subsection (1) and without delay resentence, reverse the conviction

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(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

as legally invalid, or modify the judgment and sentence unless the State opposes the
petition or alleges that granting the petition would pose an unreasonable risk of danger to

an identiﬁable individual’s safety.

In the event that the State opposes the petition or alleges that granting the petition would
pose an unreasonable risk of danger to an identiﬁable individual’s safety, the petitioner
shall be entitled to a hearing on the record, including the opportunity to question
witnesses and present evidence supporting the granting of an order for resentencing,
reversal and dismissal, or modiﬁcation of the judgment and sentence. The State shall bear
the burden of proving, by clear and convincing evidence, that the petitioner does not
satisfy the criteria in subsection (1) or that granting the petition would pose an
unreasonable risk of danger to an identiﬁable individual if alleged. Unless the State
sustains its burden, the court shall resentence, reverse the conviction as legally invalid
and dismiss the case, or modify the judgment and sentence.

Any persons brought before the court upon an application to revoke a suspended sentence
for a conviction that would not have been an offense or would have been a lesser offense
had this article been in effect at the time of the offense shall have their sentence vacated
or modiﬁed in accordance with the provisions of this article. Any persons brought before
the court upon an application to accelerate a deferred sentence for charges that would not
have been an offense or would have been a lesser offense had this article been in effect at
the time of the offense shall have their charges vacated or modiﬁed in accordance with
the provisions of this article.

Under no circumstances shall resentencing, reversal and dismissal, modiﬁcation,
revocation, or acceleration pursuant to this section result in the imposition of a
supervision or imprisonment term longer than the original sentence, or the reinstatement
of charges dismissed pursuant to a negotiated plea agreement, or require the payment of
any additional ﬁnes or fees beyond those authorized by this article.

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 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.

The court shall presume the applicant satisﬁes the criteria in subsection (6) unless the
State opposes the application and proves by clear and convincing evidence that the
petitioner does not satisfy the criteria in subsection (6). If the petitioner satisﬁes the
criteria in subsection (6), the court shall redesignate the conviction as a civil infraction or
dismiss, expunge, and vacate the conviction as legally invalid in accordance with this
article.

Unless requested by the applicant, no hearing is necessary to grant or deny an application
ﬁled under subsection (6).

Any felony conviction or misdemeanor that is modiﬁed, resentenced, or redesignated as a
civil infraction pursuant to subsection (2), (4), or (6) of this section shall be considered a
civil infraction for all purposes.

If the court that originally sentenced the petitioner is not available, the presiding judge
shall designate another judge to rule on the petition or application.

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.

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(13) 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 marij uana-related
conduct beyond what is set forth in this article.

§16. Severability

This article shall be broadly construed to accomplish its purposes and intents. Nothing in this
article purports to supersede any applicable federal law, except where allowed by federal law. If
any provision in this article or the application thereof to any person or circumstance is held
invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions
or applications of the article that can be given effect without the invalid or unconstitutional
provision or application, and to this end the provisions of this article are severable.

§17. Effective Date

This article shall become effective ninety (90) days after it is approved by the People.

Name and Address of Proponents

W Aayymg
Wt

1828 NW 17th St. 528 N 8.0
Oklahoma City, OK 73106 Oklahoma Cit, 118


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SIGNATURES
The gist of the proposition: This measure would add a new Article to the Oklahoma Constitution, which would generally
legalize, regulate and tax adult-use marijuana under state law. Speciﬁcally, it would protect the personal use of marijuana for
persons aged 21+, while establishing quantity limits, safety standards, and other restrictions and penalties for violations
thereof. It would not affect an employer’s ability to restrict marijuana use by employees or prevent property owners from
prohibiting or restricting marijuana—related conduct on that property in most cases. It would vest in the Oklahoma Medical
Marijuana Authority, renamed the Oklahoma Marijuana Authority, the power to license and regulate marijuana—related
conduct and administer and enforce the article pursuant to speciﬁed requirements. It would provide for local control over the
time, place and manner of licensees and permit municipalities, upon petition and popular vote, to limit or prohibit retail
licenses. It would impose a 15% excise tax on sales to consumers (not applicable to medical marijuana) to fund the Authority,
with the surplus directed to localities where sales occur, to schools (for programs to prevent substance abuse and improve
student retention and performance), and to drug addiction treatment programs (with the Board of Equalization ensuring such
funds do not replace existing funding). It would provide a judicial process for people to seek modiﬁcation, reversal,
redesignation, or expungement of certain prior marijuana—related judgments and sentences. It would provide for judicial

review, severability, and an effective date.

WARNING

IT IS A FELONY FOR ANYONE TO SIGN AN INITIATIVE OR REFERENDUM PETITION WITH ANY NAME
OTHER THAN HIS OWN, OR KNOWINGLY TO SIGN HIS NAME MORE THAN ONCE FOR THE MEASURE,

OR TO SIGN THE PETITION WHEN HE IS NOT A LEGAL VOTER.


1 ' Signature of Legal Voter Print Name Address City 1 Zip County
2 . Signature of Legal Voter Print Name Address City Zip County
3 . Signature of Legal Voter Print Name Address City Zip County
4 ' Signature of Legal Voter Print Name Address City Zip County
5 'Signature of Legal Voter Print Name Address City Zip County
6 . Signature of Legal Voter Print Name Address City Zip County
7 . Signature of Legal Voter Print Name Address City Zip County
8 .Signature of Legal Voter Print Name Address City Zip County
9. Signature of Legal Voter Print Name ‘ Address City Zip County
1 Oﬁignature of Legal Voter Print Name Address City Zip County
1 1Signature of Legal Voter Print Name Address City Zip County
12Signature of Legal Voter Print Name Address City Zip County
13S‘ignature of Legal Voter Print Name Address City Zip County
14S-ignature of Legal Voter Print Name Address City Zip County
1 5Siignature of Legal Voter Print Name Address City Zip County
1681gnature of Legal Voter Print Name Address City Zip County
1 7Signature of Legal Voter Print Name Address City Zip County
1 8.

Signature of Legal Voter Print Name Address City Zip County
198ignature of Legal Voter Print Name Address City Zip County
20.

Signature of Legal Voter Print Name Address City Zip County

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AFFIDAVIT

STATE OF OKLAHOMA )
) ss.

COUNTY OF )

I, , being ﬁrst duly sworn, say:

That I am at least eighteen (18) years old and that all signatures on the signature sheet
were signed in my presence. I believe that each signer has stated his or her name, mailing
address, and residence correctly, and that each signer is a legal voter of the State of Oklahoma

and the County of his residence as stated.


Circulator's Signature


Address


City Zip Code
Subscribed and sworn to before me this day of - , 20
Notary Public
My Commission Expires:
Address
City Zip Code


My Commission Number:


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