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May 2,2014
Chris Benge, Secretary of State
Office of the Secretary of State
2300 N. Lincoln Boulevard, Room 101
Oklahoma City, Oklah oma 7 31 05-4897
Re: Ballot Title for State
Question
No. T68,Initiative Petition No. 398
Dear Secretary Benge:
Having found that the proposed Ballot Title for the above-referenced State
Question
did not
comply with applicable laws we, in accordance with the provisions of 34 O.S.2011,
$
9(D), have
prepared the following Ballot Title. As a Title 34 ballot title review, the following does not
constitute an Attomey General Opinion on the merits or the constitutionality of the proposed changes
in the law, nor the ability of federal law to preempt the changes in the law. The Ballot Title reads
as follows:
BALLOT TITLE
This measure adds to the Oklahoma Constitution. Currently, marijuana is an illegal
drug. The measure legalizes the licensed use, sale and growth of marijuana in
Oklahoma. Such legalized action may nonetheless violate federal law.
No prescription is required for use. Rather, the State Department of Health must
issue medical marijuana licenses allowing limited possession if:
the applicant is 18 or over;
the applicant is an Oklahoma resident; and
an Oklahoma board-certified
physician signs the application,
certiffing the applicant has a qualifuing condition.
The measure lists 37 qualifuing medical conditions, ranging from cancer to insomnia,
and permits additional conditions.
User licenses are lifetime licenses, regardless of the continuing existence of the
condition.
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The Department also issues seller, grower, packaging, transportation and caregiver
licenses.
Sellers, whether individuals or retail businesses, must meet minimal requirements to
be licensed to sell marijuana to licensees. Among other requirements, sellers must:
be 25 or over;
.
have a business plan;
.
be registered to conduct business in Oklahoma; and
.
show ability to invest $100,000
The punishment for unlicensed possession of permitted amounts of marijuana by
persons stating they have a qualiffing medical condition is a fine not exceeding
$400.00.
A7 %tax is imposed on medical marijuana sales.
SHALL THE PROPOSAL BE APPROVED?
FOR THE PROPOSAL
.
YES
AGAINST THE PROPOSAL - NO
E. Scott Pruitt
Attomey General
ESP/ab
//