Voters in Oklahoma on Tuesday rejected a ballot measure that would have legalized recreational marijuana in the state that already has one of the nation’s most robust medical marijuana programs. Supporters of State Question 820, however, vow to continue the effort to legalize cannabis for adults in Oklahoma.

“Our mission from the very start has been about making a more prosperous, just and safer state,” Yes on 820 campaign director Michelle Tilley said in a statement after the results of Tuesday’s election became apparent. “We are moms and dads who want more revenue in our schools, more resources for law enforcement, and more jobs and investment in communities across the state. Unfortunately, tonight we fell short.”

Oklahoma voters defeated the legalization initiative by a solid margin, with nearly 62% opposed and only 38% voting in favor as of Wednesday morning, with more than 95% of votes counted in all 77 of the state’s counties, according to information from The New York Times. The defeat came following strong opposition from law enforcement groups and Republican politicians including Oklahoma Governor Kevin Stitt. 

Oklahoma Supporters Vow To Continue Legalization Effort

Supporters of SQ 820 had originally planned for the ballot measure to appear before voters during last year’s presidential election, but delays in certifying the measure prevented the initiative from being included on the ballot in November. In October, Stitt announced that voters would go to the polls on March 7 for a special election to vote on the measure.

Brian Vicente, founding partner at the cannabis law firm Vicente LLP and a member of the Yes on 820 campaign’s steering committee, said that the failure of the ballot measure to gain approval at the polls on Tuesday is not the end of cannabis policy reform efforts in Oklahoma, where voters legalized medical marijuana in 2018.

“With a March special election and no other issues on the ballot, we knew from the beginning this would be an uphill battle,” Vicente wrote in an email to High Times. “The results still demonstrate there is significant support for legalizing and regulating cannabis for adult use, and we expect it to continue growing until a similar measure passes in the near future. Overcoming a century of anti-marijuana propaganda is no simple task, and there is still work to be done.”

Had it passed, SQ 820 would have legalized cannabis for adults 21 and older and established a regulatory framework for commercial production and sales of recreational marijuana. The measure also included provisions to allow those with past convictions for some marijuana offenses to petition the courts to have their criminal record expunged. Yes on 820 campaign senior advisor Ryan Kiesel, who helped draft the ballot language, said that the defeat of the measure will continue Oklahoma’s disproportionate enforcement of marijuana prohibition.

“We have thousands of families being torn apart and thrown into chaos every year because a mom or a dad has a small amount of marijuana that would be legal in 21 other states and legal in Oklahoma for medical card holders,” said Kiesel. “Furthermore, the enforcement of Oklahoma’s marijuana laws has historically been deeply slanted against Black Oklahomans, who are much more likely to be arrested than their White counterparts. We must continue to work to end these unjust and wasteful arrests and to give people who do have arrests or convictions on their records the tools to seek expungement and start with a clean slate.”

Jeffrey M. Zucker, co-founder and president of cannabis consulting firm Green Lion Partners and the vice chair of the board of directors of the Marijuana Policy Project (MPP), promised more work to end cannabis prohibition in the Sooner State.

“Today’s decision in Oklahoma is heartbreaking, especially considering how many challenges this bill faced before it got to the ballot and how much work advocates put in,” Zucker said in a statement. “We have a long way to go to undo the damage of the war on drugs, especially in a state where more than 4500 people are arrested annually for cannabis possession.”

Tuesday’s defeat of SQ 820 continues a string of setbacks for the cannabis policy reform movement in traditionally conservative states. In the November general election, voters in Arkansas, North Dakota and South Dakota voted against recreational marijuana ballot measures, while similar proposals succeeded in Maryland and Missouri.

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Oklahoma voters could be making history next month if they pass a legalization ballot for adult-use cannabis. In preparation for this, advocates have begun to increase their efforts to educate residents and boost awareness with a new internet and TV ad campaign.

“Get the facts about State Question 820. The law will regulate and tax marijuana for adults 21 and up,” the new Yes on 820 video states. “It has strict safety requirements for labeling, childproof packaging, and quantity limits to keep us and our kids safe. Plus, it will generate millions for schools and health care, and free up police resources to focus on serious violent crime to make our communities safer. It’s working in other states. It’s time for Oklahoma.”

State Question 820 is the only question on the ballot, and volunteers with Yes on 820 have been out spreading the word. “Shoutout to our awesome volunteers for a huge Saturday canvass! We’re knocking on doors all across our great state reminding folks to vote YES on #SQ820 on March 7, 2023. #YesOn820 #LegalizeIt #Oklahoma #OKC #Tulsa #Norman #Lawton #Stillwater #Edmond #Vote #Election,” the campaign wrote on its Twitter page on Feb. 18. Another post shared the perseverance of volunteers. “Our volunteers knock doors through rain, snow, and injury.”

Campaign Director Michelle Tilley wrote an opinion article for Tulsa World explaining her personal motivation for supporting cannabis legalization, and why others should vote for it as well. “I am a lifelong Oklahoman and a mom of teenaged children. I want my kids to come of age in a prosperous state with good jobs, safe communities and adequately funded state services,” Tilley wrote. “I want to retire here, close to them. For all those reasons I have spent the last 14 months leading the campaign to legalize recreational marijuana in Oklahoma.”

Tilley continued to explain how legalizing cannabis can improve public safety and protect children across the state. “As a mother, I don’t want my children using marijuana. As someone who remembers being a teenager, I also don’t want my kids—or any kids—to have their lives permanently altered if they make a mistake,” Tilley continued. “A criminal arrest for having a small amount of marijuana can make it hard to go to college or get a job.”

“I want Oklahoma kids to thrive in safe, vibrant communities,” Tilley concluded. “Despite what our opposition says, there is no evidence that legalizing recreational marijuana will harm any children anywhere.”

Originally the legalization initiative was supposed to be on the ballot in November 2022. Advocates collected more than enough signatures, but the initiative wasn’t approved in time. The Oklahoma Supreme Court denied the petition in September 2022. In October, Gov. Kevin Stitt announced that he would be placing State Question 820 on the ballot for a special election to be held on March 7.

If passed, the initiative would legalize possession of up to one ounce of cannabis, and allow residents to grow up to six mature plants for personal use. Cannabis products would include a 15% excise tax, and the law would create an Oklahoma Marijuana Revenue Trust Fund, which would fund the program, public education, and more. Any residents who are currently serving prison time for cannabis would be able to file for a petition for resentencing, and those who have already served their sentence would be able to apply for expungement.

Yes on 820 recently released a report, produced by Vicente Sederberg LLP and the Oklahoma Cannabis Industry Association, which projects that if Oklahoma legalizes adult-use cannabis, it could potentially collect up to $821 million in combined medical and recreational cannabis tax revenue.

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While intense campaigns on either side of the issue are attempting to swing the March 7 vote, a new report released by the Yes on 820 campaign shows the myriad economic benefits Oklahoma could look forward to, should adult-use cannabis legalization be enacted.

The report, titled, “An Economic Impact and Tax Analysis of Oklahoma State Question 820,” outlines an analysis performed by Vicente Sederberg LLP and the Oklahoma Cannabis Industry Association, finding that the state is projected to gain $821 million in combined medical and recreational taxes, should State Question 820 pass.

Of that $821 million in tax revenue, $434 million would be new state revenue generated through the proposed 15% excise tax on recreational sales, in addition to standard state and local taxes. Adult-use sales are expected to reach approximately $1.841 billion in recreational sales and $2.478 billion in medical sales to qualified patients over that same five-year period.

Looking immediately ahead, Oklahoma is also estimated to bring in more than $65 million in cannabis tax dollars from recreational sales in 2024 alone, after a single year of implementation, rising to $105 million by 2028.

The analysis assumes that recreational sales will begin on January 1, 2024, even though it’s possible they might start sometime in 2023 if enacted. It also cites the state’s current cannabis market’s trials dealing with a downturn in wholesale prices. While it cites that most market observers believe this is temporary, the report assumed a conservative average price per ounce for retail, at $175.

The report predicts that as the Oklahoma market reaches maturity in 2028, the rate of tax revenue will slow down “due to downward pricing pressures from business competition and free market economic principles.” Authors also state that the report’s projected tax revenue is set at a more conservative pace than what other states have realized recently, meaning that the state could potentially generate far more tax revenue than the analysis predicts.

Recreational legalization seems like the next rational step, as the Oklahoma medical market has shown exceptional strength since it was first enacted. The report notes that the state has the highest patient-to-population rate in the country, around 12%, along with its “impressive growth” since voters first approved it in 2018.

Yes on 820 Campaign Manager Michelle Tilley told ABC 5 News that the group doesn’t take the special election for granted. She emphasized the need for an intense final push to ensure Oklahomans in favor get out and vote, knowing that the question may not pass if they sit back.

“We can feel the energy and intensity picking up,” Tilley said. “More and more people are joining the effort wanting to know how they can help.”

The opposition has generally cited concern for Oklahoma’s children; one new-fly formed coalition against recreational cannabis legalization is titled “Protect Our Kids No 820,” joined by Tulsa County District Attorney Steve Kunzweiler, former governor Frank Keating, and other officials arguing that cannabis accessibility will actually hurt Oklahomans.

“The practical aspect of it is that it’s just not safe for children, it’s really not safe for any adults. We don’t know enough about what’s being put in these substances. I don’t think the regulation has ever approached what they promised us,” Kunzweiler told 2 News Oklahoma, conveniently failing to cite any research displaying the perceived danger of cannabis for “any adults.”

Tilley argued that SQ 820 will actually be a positive step to protect children, in that each product will be stringently regulated and tested. She also cited that new revenue would help to fund education.

Research has shown that, counter to the DA’s argument, that states with legal recreational cannabis do not see an increase in youth consumption. One 2022 study also investigated the notion that cannabis legalization will result in the reduced perception of risk of harm from cannabis among children, though the results found that individual, child-level characteristics were the main indicator around youth attitudes toward cannabis, not state policy.

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