Correction: This story incorrectly referenced the medical marijuana working group. Sen. Lonnie Paxton was a member of the group. This story has been corrected.
A Republican from Tuttle has filed legislation that seeks to change Oklahoma’s medical marijuana law, and other lawmakers expect to present their own such measures when the legislative session starts next month.
Sen. Lonnie Paxton, a businessman and rancher elected in 2016, was part of the bipartisan medical marijuana legislative working group tasked with recommending legislation regarding the state’s law.
Sen. Greg McCortney and Rep. Jon Echols chaired the bipartisan group that heard proposals that would close gaps and address regulatory needs in implementing State Question 788. Echols said he continues to communicate with McCortney weekly on the legislation they will propose.
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Senate Bill 1030 would make alterations to SQ 788, which legalized medical marijuana in a statewide vote in June 2018.
Paxton’s measure includes some minor alterations and grammatical fixes to the law. But it also makes one significant change that cuts to the spirit of the law voters approved.
“I think that’s a dangerous path on any initiative-led petition — to change what the people just said the year after they said it,” Echols said after reviewing Paxton’s bill. “Strong changes to 788, anything the people voted in, that’s not something I’m going to support.”
According to the bill as filed, this is what Paxton’s measure would do if passed:
• SQ 788 ensures that patients who have not yet obtained their state license but are found to possess less than 1.5 ounces of marijuana would face only a misdemeanor charge and a $400 fine. SB 1030 would instead institute those penalties only for licensed patients who are not in possession of their state-issued card at the time of the law enforcement action. Those who have no patient license would be subject to the same criminal law as before SQ 788.
• SQ 788 seals patient applications and ensures that no personal information is retained for the state’s digital records of patient licenses. SB 1030 would have the state retain all information from patient applications, but the records would still be sealed.
• SB 1030 would allow municipalities to enact ordinances banning patients from smoking or vaping anywhere that’s not a private residence.
• SQ 788 protects patients from being punished by employers, refused by schools and declined by landlords “unless failing to do so would imminently cause (the employer, school or landlord) to lose a monetary or licensing related benefit under federal law or regulations.” SB 1030 would remove “imminently,” instead saying “the potential” to lose money is enough to allow patient discrimination.
• SB 1030 would add a classification of employees not protected as patients if they are in a “safety-sensitive position.” Those employees could be fired upon a positive test for marijuana or a determination that the employee holds a patient card.
• SQ 788 states that municipalities cannot change laws to prevent the opening of a retail marijuana establishment. SB 1030 would add language clarifying that clause but would establish that growers and processors may be prohibited by ordinance from opening within the limits of a city or county.
• SQ 788 states that medical marijuana establishments may not be located within 1,000 feet of a school entrance. SB 1030 would have that changed to include only dispensaries in the distance requirement.
• SQ 788 established what’s been called a gross receipts tax of 7 percent on retail medical marijuana sales. SB 1030 would specifically call that a sales tax and add language to ensure that municipalities would be permitted to add additional local sales taxes on medical marijuana. (A lawsuit over the established tax structure is pending, as the Oklahoma Tax Commission is instructing retailers to collect not only the 7 percent tax but also a 4.5 percent Oklahoma state sales tax.)
Echols said lawmakers will continue to look at legislation that would ensure the erosion of the black market for marijuana in Oklahoma.
“I think there are other things we can do that are consistent with the will of the people that will have a medical system compliant with what the people voted on but deal with issues like oversupply and targeting our black market,” he said.
“We’ll do everything to help the legal market succeed and take steps to punish those who would try to continue on the black market.”
