State Question 807 Could Let Local Governments Shut Down Marijuana Businesses in Their Jurisdiction.
Video Transcribed: Tulsa Attorney Isaiah Brydie coming at you with another video and this is going to be my last video on the review of state question 807. Jumping straight into it. We get to page eight, section eight, number three. And here it’s basically laying out that the 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 I think that they’re trying to speak to individuals like CDL licensees, even though the state has absolutely no power over those. The CDL license is a license that you get from the federal government and the federal government has different rules. I think they were trying to speak in line to something of that nature.
However, I have no idea how this provision is going to affect anything because a lot of the licenses that would fall into the purview of this provision are not even governed by Oklahoma. It’s a weird thing going on there.
Going on from page eight to page nine, we go down to number nine which is, again, a provision that lays out that nothing in this state question or in the previous provisions will apply to medical marijuana patients or medical marijuana businesses. And it’s just, again, we see this same provision outlined almost in every provision of the state question. It’s kind of interesting how they’re really trying to cut out medical marijuana use and medical marijuana patients and medical marijuana businesses.
It’s interesting the push that they’re trying to put there. Going on and staying with page nine going to section 10. Section 10 is about local governments. And here it’s basically saying that local governments can set forth and regulate the time, place and manner of the operation of these medical or these marijuana businesses or completely prohibit the establishment or operating of the businesses pursuant to this article.
So, here we’re seeing that local governments can in number one and number two here, we see that the… and also to number three, local governments can completely restrict a number of marijuana businesses, temporarily shut them down, or even to just completely shut down the entire business within their jurisdiction.
Section 10 numbers one, two and three are some of the extremely problematic provisions with this state question. It is unclear, again, since that last provision that says that this provision doesn’t apply to medical marijuana patients or medical marijuana use. That provision is not present in section 10, so it is unclear whether or not section 10 applies to only marijuana recreational use, and marijuana recreational businesses, or to medical marijuana as well since that provision that has been on almost every page of the state question is not present in section 10.
It could be interpreted to mean that since it’s not present in this provision that this provision does apply to medical marijuana. Let me make sure, oh no, it is. It’s right here, down here. I had it circled. My apologies guys, I messed that up. Going forward from here, we go down to number five on section 10 that says that local governments can’t adopt rules or regulations that are unduly burdensome, more conflict with this article.
Well, section 10 numbers one, two and three themselves can be interpreted to be unduly burdensome to this, to marijuana and marijuana businesses. So I’m not sure how you put to bed numbers one, two and three and also number five. That is a weird provision to have with the following provisions that were laid out here.
But no, the section 10 provision is quite problematic, in my opinion. Again, we also see that there’s state question issues out and 15% tax. This tax does not apply to the sale of medical marijuana or to medical marijuana caregivers or license patients.
Going on to page 10 number two this tax that’s 15% cannot be changed until November 3rd, 2024. Going on from page 10 to page 11, we see that there is a judicial review provision here so that any actions against a marijuana business that has been taken by the Oklahoma Marijuana Authority, there is a review phase that can happen if your license is, for example terminated or suspended.
There is here on section 15 a retroactive provision that’s basically saying that anyone who was convicted of a cannabis related offense prior to the adoption of this state question can apply to have their conviction expunged, or reversed, or dismissed. And also to their following provisions along with that.
And that is my overview of state question 807. Again, my apologies about that whole thing with the application of the local government’s thing with medical marijuana businesses. That was an oversight on my part. My phone number is (918) 932-2800. You guys feel free to give me a call and I look forward to seeing what you guys have to say in the comments.