OKLAHOMA CITY — Although Oklahoma voters quashed an attempt to legalize recreational marijuana on Tuesday, support for criminal justice reforms related to low-level cannabis crimes may be growing.
Attorney General Gentner Drummond says the time is right for a discussion about expunging marijuana convictions for nonviolent offenders.
But a Republican lawmaker who has filed numerous cannabis bills said the Oklahoma Legislature needs to prioritize changes to the state’s medical marijuana program over criminal justice reforms.
In Tuesday’s election, all 77 counties rejected State Question 820, which would have legalized recreational marijuana for people age 21 and older. But the question also included criminal justice reforms that would have allowed nonviolent offenders to have certain marijuana convictions reversed and expunged.
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Drummond
“While Attorney General Drummond is pleased with the decision voters made in rejecting SQ 820, he believes there is a worthwhile discussion to be had about record expungement for marijuana possession and consumption,” spokesman Phil Bacharach said in a statement.
The attorney general aims to find a solution that balances the fundamental need for public safety with Oklahomans’ support for giving second chances to nonviolent drug offenders, which was evident when voters approved a previous state question that implemented criminal justice reforms, Bacharach said.
At an election watch party Tuesday night, members of the Yes on 820 campaign said they would continue advocating for criminal justice reforms. Michelle Tilley, the group’s campaign manager, said the fight now shifts to the state Capitol.
“I challenge our Legislature: This is in your hands now,” she said. “I challenge our governor to please take this seriously.”
Although Gov. Kevin Stitt opposed SQ 820, he has been a staunch proponent of criminal justice reforms.
Oklahomans for Criminal Justice Reform Executive Director Damion Shade said it’s unlikely that the Legislature will try to enact marijuana law reforms this year, but he said he’s “cautiously optimistic” that lawmakers could take up the issue next year.
During a gubernatorial debate last year, Stitt admitted to trying marijuana when he was younger. Stitt broke the law but wasn’t convicted of a crime, Shade said.
“What I think we can come together around is there are lots of poor kids from Altus, Oklahoma, and north Tulsa who want the same chance that the governor got,” he said. “They used recreational marijuana illegally when they were kids, often when they were 18, 19 and 20, and they still have those convictions hanging over them.”
Shade said he envisions reforms that would allow for people convicted of marijuana possession with the intent to distribute or other low-level cannabis distribution charges to seek expungement of their convictions. New reforms would work hand in hand with the clean slate law passed last year that will allow for the nearly automatic expungement of many low-level crimes, including simple possession of marijuana, he said.
Rep. Scott Fetgatter, R-Okmulgee, said Tuesday’s election results show that Oklahomans are concerned about the state’s marijuana black market and want changes to the “out-of-control, lackadaisical approach to the regulation of marijuana.” The average Oklahoman isn’t concerned about criminal justice reform, he said.
“I think it’s a good thing for the industry to see that all 77 counties are frustrated,” Fetgatter said. “Even some of them need to step back and take a look at what they’re doing and how they’re handling the industry.”
Jed Green, the director of Oklahomans for Responsible Cannabis Action, said a lot of medical marijuana proponents are pleased with the outcome of the vote.
If SQ 820 had passed, it would have prompted lawmakers to pass a flood of knee-jerk reaction bills regulating recreational cannabis, he said.
Now the Legislature can focus on fixing the issues it’s already identified with the medical program, Green said.
Oklahoma Medical Marijuana Authority spokeswoman Porsha Riley said the agency’s mission hasn’t changed as a result of the election.
She said she can’t predict whether the agency will see a surge in medical marijuana patient applications due to the failure of SQ 820, but she said the OMMA will be prepared if that does occur.
“We’re working hard on the important job of regulating Oklahoma’s medical marijuana industry,” she said. “Our top priority is to promote public health and safety through regulation and enforcement of responsible medical cannabis practices.”
Anna Codutti contributed to this story.
U.S. President Joe Biden’s decision to pardon thousands of Americans convicted of “simple possession” of marijuana under federal law is drawing praise from activists and advocacy groups. The administration has taken a dramatic step toward decriminalizing the drug and addressing charging practices that disproportionately impact people of color. “Pardoning and removing permanent federal records for simple marijuana possession. We’re talking about folks like me who literally had half a joint on them. That’s something that really can follow you the rest of your life,” said Chris Goldstein who has been an advocate with the National Organization for the Reform of Marijuana Laws, better known as NORML. Goldstein himself had a federal conviction for a very small amount of marijuana, “half a joint,” he said. “There is no other way to clear a federal marijuana possession record other than a presidential pardon,” he said. Biden’s move also covers thousands convicted of the crime in the District of Columbia. And he is also calling on governors to issue similar pardons for those convicted of state marijuana offenses, which reflect the vast majority of marijuana possession cases.
10 things that are still illegal under Oklahoma’s medical marijuana laws
Can’t get a prescription for marijuana
Marijuana is listed as a schedule 1 controlled substance in federal law, so it cannot be prescribed, only “recommended.”
A Ninth Circuit Court ruling ensures protection for doctors who issue recommendations to patients who may benefit from cannabis-based treatments, but federal law precludes doctors from “aiding and abetting” patients obtaining marijuana. This means doctors and patients cannot discuss dosages, strains or specific cannabis products for treating a specific ailment. Doctors instead fill out a form indicating they have discussed the risks of marijuana use with the patient and feel the benefits are worth the treatment.
Some patients who see physicians for pain and are treated with opioids also may not be able to do so and use medical marijuana as a licensed patient.
Can’t use marijuana in the workplace or be impaired on the job
State Question 788 says only that an employer may not discriminate against an employee simply because of their status as a medical marijuana patient. This means that simply having a license cannot be grounds for termination or discipline. That employer can still, however, write and enforce rules that restrict the use of marijuana by employees just like any other controlled substance. No patients would be protected if they come to work high, use marijuana in the workplace or attempt to do their job while impaired.
Can’t transport marijuana across state lines
Patients who obtain medical marijuana cards in other states may purchase from dispensaries there, but the products may not be brought back to Oklahoma. Nor could a patient travel to a state with a recreational marijuana law and bring any legally obtained products back to Oklahoma. Those patients who plan to cultivate marijuana at their own homes would also not be permitted to obtain seeds from another state.
Can’t get a doctor’s recommendation inside a dispensary
A change to the law made it illegal to post a physician inside a medical marijuana dispensary, as this one did, for customers to sign up as patients inside the retail business operation.
Can’t try the product while shopping
The use of any cannabis product is prohibited inside a licensed medical marijuana business, so patients should not expect samples like what some CBD shops have been able to offer.
Can’t smoke marijuana where tobacco also prohibited
The law makes cannabis like tobacco when it comes to public consumption by falling under the Smoking in Public Places and Indoor Workplaces Act.
Can’t give marijuana away
Nothing in the law allows for patients to transfer ownership of marijuana. Patients cannot donate or sell marijuana, even to other patients. Licensed patients may cultivate marijuana on their own residential property or, with written permission, on rented property. They cannot grow outdoors unless the plants are surrounded by a locked 6-foot fence. If the yield of the plants at harvest surpasses the legal amount that may be in a patient’s possession, the marijuana must be either processed or destroyed. Patients may process their own marijuana for concentrates or edibles but would not be permitted to perform extractions using butane.
Can’t drive while impaired on marijuana
Although it is legal for patients to have a certain amount of marijuana on their person, if that patient is behind the wheel, a law enforcement officer will evaluate whether the person is at all impaired. Driving while under the influence remains illegal even for medical marijuana patients.
Can’t possess an excessive amount of marijuana
A patient remains within the legal guidelines if they possess no more than 3 ounces of marijuana on their person and 8 ounces at their residence, 1 ounce of concentrated marijuana, and 72 ounces of edible marijuana. If caught exceeding those limitations, a patient would lose their license and could face criminal charges including intent to distribute or trafficking.
Can’t smoke where you’re told not to
Renters have no legal right to smoke medical marijuana, even with a patient card, if the landlord/owner issues rules for residents that prohibit smoking.
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