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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
//
Chris Benge
Secretary of State
MaryFallin
Governor
Oxr.erroMA Sncnrrenv op Srern
May 5,2014
Ms. Cindy Shea
Oklahoma Press Service
3601 N. Lincoln
Oklahoma City, OK 73105
Dear Ms. Shea:
Please publish the attached Notice of Filing for State
Question
Number 768, Initiative Petition
Number 398. Pursuant to 34 O.S.
$
8, the publication must appear in at least one newspaper of
general circulation in the State of Oklahoma. Please publish in The Oklahoman, Tulsa World,
and the Journal Record as soon as possible.
Also, please provide the Secretary of State with a verified proof of publication of the Notice.
Should you have any questions, please do not hesitate to contact us.
Chris Benge
Secretary of State
Enc: Notice of Filing
cc: Charles "Chip" Paul
9717 East42nd Street, Suite 109
Tulsa, OK74146
Sincerely,
23oo N. LTNCoLN Br"vo., Sum 1o1
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OKTAHoMA Crrv, OK
73ro5-+8SZ
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Fex (+oS)
527-2771
NOTICE OF THE FILING OF
STATE
QUESTION
NUMBER 76E
INITIATIVE PETITION NUMBER 398
NOTICE is hereby given that on April 11,2014, State
Question
Number 768, Initiative Petition
Number 398 was filed in the Office of the Secretary of State.
The ballot title for this initiative petition is as follows:
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
marijuanaricenses"l"-fl:i$,",it"dfi
ifu*iii,lili;:rl,,,r,.app,ica,ion,
certifuing the applicant has a qualifring 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.
The Department also issues seller, grower, packaging, transportation and caregiver licenses.
Sellers, whether individuals or retail businesses, must meet minimal requirements to be licensed
,' se mar
juana'
Ilif,l,gfi;jd;;;:,J::
-.
The punishment for unlicensed possession of permitted amounts of marijuana by persons stating
they have a qualifoing medical condition is a fine not exceeding $400.00.
A7%otax is imposed on medical marijuana sales.
SHALL THE PROPOSED AMENDMENT TO THE CONSTITUTION BE APPROVED?
Yes
-
For the proposition
No
-
Against the proposition
NOTICE is hereby given that, as provided in 34 O.S.
$
8 and 10, any citizen or citizens of the
state may file a protest as to the constitutionality of the petition or as to the ballot title, by a written notice
to the Oklahoma Supreme Court and to the proponent or proponents filing the petition. Proponent filing
is: Oklahomans for Health, 9717 East 42nd Street, Suite 109, Tulsa, OK 74146. Any such protest musi
be filed within ten (10) days after this publication. A copy of the protest shall be filed with the Secretary
of State.
Chris Benge
Secretary of State