Oklahoma: Voters Decide In Favor Of Statewide Medical Cannabis Access Law

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Sooner state is the 31st state to legalize and regulate medical cannabis access

A majority of Oklahomans today voted to enact State Question 788 — a statewide voter-initiated measure that permits doctors to use their discretion to recommend medical cannabis to those patients who will benefit from it. Oklahoma is now the 31st state to legalize and regulate the use of medical cannabis under state law.

“Public support for medical marijuana access is non-partisan,” NORML Deputy Director Paul Armentano said. “Even in a predominantly ‘red’ state like Oklahoma, it is the will of the voters to enact common sense, yet significant marijuana law reforms.”

He continued, “The ongoing expansion of compassionate medical marijuana in states like Oklahoma places additional pressure upon Congress to take action to end this existing state/federal conflict. It is time for members to move forward with legislation like The States Act or The Ending Federal Marijuana Prohibition Act, which would allow states the flexibility and autonomy to regulate cannabis as best they see fit — free from the looming threat of undue federal intervention.”

State Question 788 permits licensed medical marijuana patients to cultivate up to six mature plants and to possess personal use quantities of marijuana flowers, edibles, or infused concentrates. It also establishes a regulatory framework for the retail production and dispensing of medical cannabis at licensed facilities. The full text of SQ 788 is available online here.

Oklahoma voters endorsed the plan despite organized opposition from law enforcement, political leaders, and other groups. Opponents of the measure spent an estimated $500,000 in the final week of the campaign on an advertising blitz that falsely claimed that “SQ 788 was not about medical marijuana,” a mischaracterization that was previously determined to be purposely misleading as by the state Supreme Court.

“It is our hope that Oklahoma politicians will respect the will of the electorate and move swiftly to enact SQ 788 in a manner that comports with both the spirit of the law and the letter of law,” NORML’s Armentano said.

Republican Gov. Mary Fallin, who publicly opposed SQ 788, said that she intends to call lawmakers back for a special session to address the passage of SQ 788. Proposed rules and regulation regarding the implementation of SQ 788, drafted by the Oklahoma Department of Health, appears online here.

Under existing Oklahoma laws, the possession of any amount of cannabis is classified as a criminal offense — punishable by up to a year in prison. Engaging in cannabis cultivation or sales may be punishable by up to life in prison. According to a study released earlier this month, Oklahoma’s incarceration rate is 1,079 per 100,000 people — the highest rate in the United States.  

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