Skip to main content
You are the owner of this article.
You have permission to edit this article.
Recreational marijuana in Oklahoma: An explainer of State Question 797

Recreational marijuana in Oklahoma: An explainer of State Question 797


Must be 21

Marijuana would be treated much like alcohol — it would be taxed similarly, and those under 21 would not be able to legally obtain it.

Legal possession amounts

Adults could legally possess or transport up to 2 ounces of marijuana. Adults could legally transfer up to 1 ounce of marijuana to other adults.

Not in public

Consumption of marijuana could not be conducted openly/publicly nor “in a manner that endangers others.”

Tax money goes to...

An excise tax on recreational marijuana of up to 15 percent would, at least in part, fund teacher salaries. The first $50 million in excise tax revenue would be earmarked for this purpose.

A statewide tax of up to 20 percent would be split: half to the State Department of Education, 25 percent to the Health Department (for drug and alcohol rehabilitation) and 25 percent to the General Revenue Fund.

Note: The ballot title for SQ797 indicates a different amount and use for the excise tax revenue earmarked for education than the text of the measure.

The reason for the discrepancy is unclear.


If bodily fluids test positive for THC, those results would be inadmissible evidence in DUI/DWI charges. Neither would the “odor of marijuana” be sufficient evidence. Only a failed field sobriety test, captured on video, may be used as evidence of impairment.

Employers’ rights

Employers could continue to legally restrict the use of marijuana by employees. Landlords, schools and any other entity would still be able to legally restrict consumption of marijuana on their properties.

Local choice

A locality (any city, county or municipality) could, if its voters approve in a general election in an even-numbered year, prohibit marijuana facilities in the locality. Those localities that do elect to participate would receive half of the money from application fees for those commercial operations.

Who could grow it

Only licensed commercial cultivation facilities may grow marijuana intended for nonmedical use. It could be incumbent on the Health Department to create cultivation regulations and standards for health and safety of the products.

Also ... State Question 796

State Question 797 isn’t the only marijuana-related initiative that could appear on November’s ballot. A petition also is being circulated for State Question 796, which would add medical marijuana language to the Oklahoma Constitution. It needs about 124,000 signatures by Aug. 8 to be on the ballot.

State Question 796 would amend the Oklahoma Constitution to classify marijuana as an “herbal drug” regulated by the proposed Oklahoma Cannabis Commission. It would, if approved by voters, allow for use by patients meeting qualifying conditions such as cancer, glaucoma, HIV/AIDS, migraines, multiple sclerosis, Parkinson’s disease and post-traumatic stress disorder.

Supporters of the petition say having the language in the state Constitution would prevent lawmakers from “over-regulating” State Question 788, which recently was passed by state voters.

Anna Codutti 


Twitter: @annacodutti

Be the first to know

* I understand and agree that registration on or use of this site constitutes agreement to its user agreement and privacy policy.

Related to this story

Most Popular

Get up-to-the-minute news sent straight to your device.


Breaking News