Oklahoma Legislation

State Question 820 is an initiated petition because the citizens brought it to legalize recreational marijuana in Oklahoma.

We are in the 10-day wait period after the publication of the signature account where anyone can oppose the account or the bylaw title.

This moratorium went into effect because the OMMA needs to catch up on its backlog and try to get every business in compliance.

A minor patient under the age of 13 years of age shall be permitted to medicate with inhalants… Shall not be permitted to medicate with inhalants without a specific written order from two board certified physicians, and education through a not-for-profit organization providing education for minors on inhalants. What this means is both of the recommending physicians that are board certified must agree that a child under the age, or a minor, under the age of 13 can use inhalants as a medical treatment. Now this doesn’t mean that they’re going to be smoking marijuana, this doesn’t mean that they’re not going to be smoking, it doesn’t mean that they’re not going to be using vapes. It depends on what the parent, the child, and the physicians recommend. Now and it also could mean that they are using an inhaler with THC in it, okay? There are different mechanisms for delivery. So an inhalant can be several things. It could be a nose spray that you put up your nose, it could be an inhaler like for people that have asthma, so it could be those and not actually the smoking of. So it could be the smoking of, it just depends on what that patient needs. A minor patient age 13 years of age or older shall be permitted to medicate with inhalers with a specific written order from one board certified recommending physician, and education through a not-for-profit organization providing education to minors on inhalants.

Medical marijuana dispensary shall at their discretion be permitted to offer delivery services to Oklahoma medical marijuana authority licensed patients. The delivery vehicle used shall have appropriate insurance. The person performing the delivery shall be a licensed driver. The patient has been informed of any and all delivery fees. The delivery vehicle shall be a nondescript vehicle with no industry marking or marking collateral. And the delivery person shall be employed by the dispensary or delivery company. Delivery shall be made to the patient’s home or the patient’s place of employment. It’s pretty simple. If a dispensary owner wants to hire a third party to make deliveries, they can do that, as long as they provide the patient with upfront pricing for fees and… What is it called? Any and all delivery fees.

Our proposed ballot title simply states this, “This measure adds new article to the Constitution of the State of Oklahoma. This article will heal state question 788, which the Oklahoma State Legislatures, the Oklahoma Medical Marijuana Authority, the Oklahoma Bureau of Narcotics and Dangerous Drugs, the Oklahoma State Department of Health, local governments has desecrated since 57% of Oklahoma voters passed state question 788 on the historic day of June 26, 2018. This article will not only heal the damage created by those named above. It will responsibly legalize, regulate and tax adult use marijuana for persons aged 18 and older under state law.”

State question 813 was written to help fix a lot of the problems in our Medical Marijuana Program and because there’s several state questions that were filed late last year and earlier this year that proposed recreational use marijuana, it was decided when they were drafting state question 813 to fix the Medical Marijuana Program that they would add adult use marijuana, but it’s in a very controlled format and fashion.

State question 812 is a constitutional amendment and it’s a criminal justice reform bill that simply does the following. It releases prisoners from prisons and jails for possession of marijuana. It keeps people from going to jail for marijuana possession in the future and it expunges the records of those who have been convicted of marijuana offenses for possession in the state and the state has to pay for the expungement. It’s pretty simple.

According to State Question 813, Section 11: Parental/Grandparent Rights: No parent, stepparent, foster parent, guardian, or grandparent who has a medical marijuana license issued by the Oklahoma Medical Marijuana Authority, shall be denied custody, visitation, or parenting/grandparenting time with a minor child. No parent, stepparent, foster parent, guardian, or grandparent shall be denied custody, visitation or parenting/grandparenting time with a minor child for being an adult use marijuana consumer. We call adult use, others usually call it recreational. So there’s a difference here, licensed medical marijuana patient, and adult user or consumer.

A patient licensed by the Oklahoma Medical Marijuana Authority shall have the right to grow their medical marijuana inside their home without unduly burdensome input, taxation, rules or regulations from the state, county, city township, municipality, or any other local governmental agency and/or entity. A patient licensed by the Oklahoma Medical Marijuana Authority shall have the right to grow their medicine, medical marijuana in their yard without unduly burdensome input, taxation, rules or regulations from the state, county, city, township, municipality, or any other local governmental agency and/or entity.

A patient licensed by the Oklahoma Medical Marijuana Authority shall have the right to have in their possession, in their home all medical marijuana flower, trim, shake, root ball, and leaves yielded from their home grow harvest without fear of being over the legal limit, providing they can provide proof that the medical marijuana is from their home grow, i.e., pictures or video evidence, absent evidence to the contrary by the State of Oklahoma or any law enforcement agency.

The state of Oklahoma shall decriminalize marijuana/cannabis, marijuana paraphernalia, marijuana infused products and marijuana concentrates, marijuana concentrate smoking devices immediately upon the passage of this article. Upon the passage of this article, the Oklahoma Department of Correction shall immediately release any and all offenders serving time for the following cannabis/marijuana related offenses

According to Oklahoma State Question 807, holders of a professional license or an occupational license are not subject to professional discipline because of any advice or services that they would give to marijuana businesses or marijuana recreational users

So, here we see an interesting thing going on where marijuana businesses for the sale of marijuana for recreational use, the Oklahoma Marijuana Authority will only start accepting those licenses, or those applications for those licenses, within 12 months after the effective date of the State Question being voted and approved.

And then after that, for the following 24 months, the Oklahoma Marijuana Authority will only issue licenses for the sale of recreational cannabis to those businesses that already have a medical marijuana license.

According to Oklahoma State Question 807, The possession of marijuana, the smell of marijuana or the use of marijuana is not in itself an unlawful offense, that does not subject you to detention of search or a seizure or arrest unless a couple different things are met.

Tulsa Attorney Isaiah Brydie breaks down Oklahoma State Question 807. This the second attempt to make recreational marijuana legal in the state of Oklahoma.

Tulsa Attorney Isaiah Brydie Gives an Overview of State Question 808. What does this state question 808 mean to Medical Marijuana business owners?

Tulsa Attorney Isaiah Brydie explains the State Question process. Starting with how a proposed State Question goes from being a proposal into law.