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How Oklahoma Legalized Medical Marijuana, And What Happens Next

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Voters in one of the reddest states in the nation approved one of the most far-reaching marijuana ballot measures on Tuesday, making Oklahoma the 30th state to legalize medical cannabis.

And while advocates and pro-legalization organizers in the state will tell you they weren’t necessarily surprised by the results—with polls consistently showing majority support in the lead-up to Tuesday’s vote, for example—the initiative’s passage by a wide margin (57 percent to 43 percent) is still extraordinary.

In part, that’s because of the political landscape of Oklahoma. The state hasn’t voted for a Democratic presidential candidate since 1964, and its marijuana laws have historically reflected a staunch, prohibitionist mindset. Just four years ago, getting caught consuming cannabis in public twice could land you in prison for up to a decade.

But perhaps even more impressively, the initiative was decisively approved—during a midterm primary election—in spite of the fact that committees in support of State Question 788 were outspent by committees opposed to the measure six-to-one. According to the latest campaign finance records, Oklahomans for Health, which played a leading role in support of the initiative, and Yes On 788 spent a total of about $155,000 during their campaigns based on the latest campaign finance disclosure statements submitted June 26.

Committees opposed to the initiative, Oklahomans Against 788 and SQ Is NOT Medical spent a total of about $920,500 on their anti-legalization campaigns, some of which was used for television advertising against the measure. Supporters, on the other hand, did not have enough funds to go on the air with their message.

Chip Paul, chairman of Oklahomans for Health, told Marijuana Moment that the group’s minimal spending “speaks volume for liberty, freedom, unity… because Oklahoma united around this and made it happen.”

“It’s really a neat thing to be a part of and just to see—and man does it threaten the powers that be,” Paul said. “You look at the list of who was against us and it was churches, hospitals, physicians, chambers of commerce, big industry—basically everybody who you could identify as the old guard, so to speak.”

“When the people rise up and do something on their own, it does threaten the establishment.”

Unlike pro-legalization campaign committees advancing reform bids in many past state-level elections, Oklahomans for Health did not receive financial contributions from national advocacy groups such as Marijuana Policy Project or the Drug Policy Alliance. Paul said it was better that way because “it means more if we do this for $0 or $10,000.”

Another element of the group’s campaign efforts involved strategically avoiding divisive, partisan politics. While the initiative itself has been characterized as “liberal” because it doesn’t include a list of limited medical conditions that qualify individuals for cannabis, the issue at hand is increasingly bipartisan. A recent survey from the progressive think tank Center for American Progress found a record 68 percent of Americans favor recreational legalization, including 57 percent of Republicans. Support for medical marijuana legalization is even higher, with 93 percent of Americans in agreement that patients should be able to legally access the plant.

“For the most, we’ve managed to rise above things that would divide us,” Paul said.

Representatives from one of the leading groups that opposed SQ 788 did not respond to a request for comment by the time of publication. In a statement, the committee said members were “obviously disappointed by the outcome,” but that they “respect the will of the voters,” News9 reported.

What are the next steps for legal medical cannabis in Oklahoma?

Earlier this month, Oklahoma Gov. Mary Fallin (R) said that she would arrange a special session with lawmakers to establish a regulatory system for the state’s new medical cannabis program in the event of the proposal’s passage. She restated her concerns about the initiative in a statement released shortly after the vote was called Tuesday night, arguing that the measure is “written so loosely that it opens the door for basically recreational marijuana.”

“I will be discussing with legislative leaders and state agencies our options going forward on how best to proceed with adding a medical and proper regulatory framework to make sure marijuana use is truly for valid medical illnesses.”

A date for the special session has not been set yet, but some lawmakers such as House Majority Leader Jon Echols (R) have suggested that applications for cultivation and dispensary licenses could be sent out as early as September.

“The citizens of the state have decided that they are in support of this law, so there aren’t necessarily any changes that need to be made,” he told News9.

Other officials expressed disappointment in the decision of Oklahoma voters to move forward with marijuana legalization. Congressman Markwayne Mullin (R) described the initiative as “horrific” and said “I totally disagree with the direction it took.”

Oklahoma’s interim health commissioner, Tom Bates, said the rules outlining the state’s medical marijuana program “will be ready according to the requirements of the law, which is scheduled to go into effect 60 days after passage,” the Associated Press reported. He added that the state Board of Health will consider “emergency rules” on July 10—and that information about applications for licenses will go out by July 26.

For its part, regulators at the Oklahoma Medical Marijuana Authority (OMMA) announced in a statement that they are effectively prepared to move forward after creating a regulatory framework over the past three months. The state agency said it would “begin accepting applications no later than August 25.”

“The application process will be available at the required time and will be enhanced in the coming months to make it more efficient for all interested parties,” OMMA wrote. “It may take some time to fully implement all of the steps recommended in preparation for this new program, but we will continue to work to meet the letter of the law and to protect the health and safety of all Oklahomans.”

Voters In Two States Nominate Marijuana Legalization Supporters for Governor

Photo courtesy of Chris Wallis // Side Pocket Images.

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Kyle Jaeger is an LA-based contributor to Marijuana Moment. His work has also appeared in High Times, VICE, and attn.

Politics

O’Rourke And Cruz Clash On Marijuana And Drugs At Senate Debate

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Candidates in one of the most contentious U.S. Senate races in the country this year clashed about the issues of marijuana legalization and drug policy reform during a debate on Friday night.

“I want to end the war on drugs and specifically want to end the prohibition on marijuana,” Democratic Congressman Beto O’Rourke said in response to an attack on his drug policy record from Republican Sen. Ted Cruz, whom he is seeking to unseat in November.

During one of the most heated exchanges of the hour-long debate, the GOP incumbent slammed O’Rourke for sponsoring an amendment as an El Paso city councilman in 2009 that called for a debate on legalizing drugs as a possible solution to violence along the Mexican border.

“I think it would be a profound mistake to legalize all narcotics and I think it would hurt the children of this country,” Cruz argued.

He also criticized a bill the Democrat filed in Congress to repeal a law that reduces highway funding for states that don’t automatically suspend drivers licenses for people convicted of drug offenses. “That’s a real mistake and it’s part of pattern,” he said.

“There’s a consistent pattern when it comes to drug use, that in almost every single instance, Congressman O’Rourke supports more of it.”

Calling the issue “personal to me,” Cruz spoke about his older sister, who died of a drug overdose.

“To be clear, I don’t want to legalize heroin and cocaine and fentanyl,” O’Rourke countered.

“What I do want to ensure is that where, in this country, most states have decided that marijuana will legal at some form—for medicinal purposes or recreational purposes or at a minimum be decriminalized—that we don’t have another veteran in this state, prescribed an opioid because the doctor at the VA would rather prescribe medicinal marijuana but is prohibited by law from doing that,” he said.

Enumerating other potential beneficiaries of cannabis reform, the Democrat also referenced an “older woman with fibromyalgia” and “an African-American man, because more likely than not, that’s who will be arrested for possession of marijuana, to rot behind bars, instead of enjoying his freedom and the opportunity to contribute to the greatness of this country.”

Cruz, who called O’Rourke, “one of the leading advocates in the country for legalizing marijuana,” said that he thinks ending cannabis prohibition “is actually a question on which I think reasonable minds can differ.”

“I’ve always had a libertarian bent myself,” he said. “I think it ought to be up to the states. I think Colorado can decide one way. I think Texas can decide another.”

But despite his support for letting states set their own cannabis laws, which he also voiced during his failed candidacy for the 2016 Republican presidential nomination, Cruz hasn’t cosponsored a single piece of legislation during his time in the Senate that would scale back federal marijuana prohibition.

Earlier in the debate, the two sparred over the killing this month of Botham Jean, an African-American man shot in his own apartment by a Dallas police officer, a subject about which O’Rourke recently made headlines by calling out in a fiery speech to a black church.

Marijuana In Texas: Where Ted Cruz And Beto O’Rourke Stand On Legalization

Photo courtesy of NBC News.

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Politics

Lawmaker Pushes For Marijuana Legalization In Kenya

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A Kenyan lawmaker is introducing legislation to legalize marijuana nationwide.

Member of Parliament Kenneth Okoth wrote a letter to the National Assembly speaker on Friday, requesting help to prepare the legislation so that it can be published.

The bill would decriminalize cannabis possession and use, clear criminal records of those with prior cannabis-related convictions, enact a legal and regulated commercial sales program and impose “progressive taxation measures” in order to “boost economic independence of Kenya and promote job creation.”

Currently, marijuana (or “bhang,” as it’s locally known) is illegal in Kenya—as it is in most of Africa.

Another provision of the draft legislation concerns “research and policy development.” Okoth wants the country to conduct studies on the medical, industrial, textile and recreational applications of cannabis. And that research would have a “focus on the preservation of intellectual property rights for Kenyan research and natural heritage, knowledge, and our indigenous plant assets,” according to the letter.

“It’s high time Kenya dealt with the question of marijuana like we do for tobacco, miraa, and alcohol,” Okoth wrote on Facebook.

“Legalize, regulate, tax. Protect children, eliminate drug cartels, reduce cost of keeping petty offenders in jail. Promote research for medical purposes and protect our indigenous knowledge and plants before foreign companies steal and patent it all.”

Okoth’s push for legalization in Kenya comes days after South Africa’s Constitutional Court ruled that individuals can grow and use marijuana for personal purposes. The court determined that prohibition violated a person’s right to privacy, effectively legalizing cannabis in the country.

It’ll take a while for Okoth’s bill to move forward. The legislation will need cabinet approval, then it must be published so that all interested parties can review the proposal before it enters into parliamentary debates. Whether Okoth’s fellow lawmakers will embrace the legislation is yet to be seen.

Don’t Legalize Marijuana, UN Drug Enforcement Board Warns Countries

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Governor Signs Marijuana Legalization Bill, Making History In US Territory

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With a governor’s signature on Friday, the latest place to legalize marijuana in the U.S. isn’t a state. It’s the Commonwealth of the Northern Mariana Islands (CNMI)—a tiny Pacific territory with a population of just over 50,000.

Under the new law signed by Gov. Ralph Torres (R), adults over 21 years of age will be able to legally possess up to one ounce of marijuana, as well as infused products and extracts. Regulators will issue licenses for cannabis producers, testing facilities, processors, retailers, wholesalers and lounges. Home cultivation of a small number of plants will be allowed.

Please visit Forbes to read the rest of this piece.

(Marijuana Moment’s editor provides some content to Forbes via a temporary exclusive publishing license arrangement.)

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