On March 7 Oklahomans will head to the polls for a special election on State Question 820 to decide whether to legalize recreational marijuana. According to the Tulsa County Election Board, there has been a significant jump in new voter registrations in the last couple of months presumably to vote for this initiative.

Medical marijuana was overwhelmingly approved by Oklahoma voters in 2018 with an almost 60% voter turnout. Within weeks of the vote, cannabis shops were popping up across the state. There are now approximately 2,300 marijuana dispensaries in the state and we lead the nation in both the number of dispensaries and marijuana grows due to the lowest licensing fee in the nation.

According to the Oklahoma Bureau of Narcotics (OBN) agent Mark Woodward, Oklahoma has now become a leading source of marijuana trafficking nationwide due to favorable conditions for criminal organizations with cheap land and cheap licenses along with the fact that Oklahoma has some of the loosest industry regulations in the country.

“Police officers are saying they are intercepting more black market marijuana during traffic stops and investigations than any other state coming off Oklahoma farms,” Woodward added. Under SQ820, law enforcement would no longer be allowed to seize marijuana without evidence that quantities are over the legally authorized amounts were being transported.

Opponents of SQ820 believe the legalization of recreational marijuana will only increase black market sales while advocates point to the revenue it creates.

The sale of medical cannabis has been a huge revenue producer. It has already collected almost $40 million in state and local tax revenue between July 2022-January of this year according to the Oklahoma Medical Marijuana Authority.

What changes are proposed by SQ 820? According to lawyer Connie Matthies, “Section 5: A 1 & 2, would make it lawful for persons 21 and older to engage in possessing, growing, processing, transporting and/or delivering 1 oz of marijuana as well as 8 grams of concentrated marijuana including in other products or infusions. It would also allow planting, cultivating and processing of up to 12 mature plants and 12 seedlings at a private residence–double the amount approved for those with a medical marijuana license.

“If passed, SB 820 restricts law enforcement officers from search, detention, or arrest of individuals based on suspected presence of marijuana by odor or visible containers except if investigating operator impairment of a vehicle or boat. It would also prohibit domestic relations courts from denying custody or visitation to a parent engaging in marijuana activities permitted by the Bill unless the behavior of the person presents an ‘unreasonable danger to the safety of the minor child,’” Matthies concluded.

Currently under the Uniform Controlled Dangerous Substances Act, possession of recreational marijuana can lead to a misdemeanor charge with a penalty of up to 1 year or a fine of $10,000. Subsequent charges (or certain circumstances) can lead to increased penalties. Selling recreational marijuana in Oklahoma is currently a felony punishable by between 2-10 years in person and/or a fine of up to $5000. However, if recreational marijuana is approved that will change significantly and adults in possession of twice the allowable amounts and concentrates will only be subject to a civil fine of $250 or attending an 8-hour educational class.

Proponents advocating for recreational marijuana include the New Approach PAC, which is based out of Washington, D.C. The organization has already spent millions supporting marijuana legalization campaigns in other states. If SQ 820 passes, Oklahoma would join 21 other states along with Washington D.C. in approving recreational cannabis.

However, there are a growing number of opponents to the measure including the Oklahoma Sheriff’s Association, Oklahoma Faith Coalition, Oklahoma District Attorneys Association, Adult & Teen Challenge Oklahoma (drug and alcohol recovery specialists), The State Chamber and former Oklahoma Governor Frank Keating.

The law would also allow for some marijuana drug offenders to have their convictions reversed and records expunged if the measure is approved.

Don’t forget to vote March 7 and let your voice be heard.