Pubdate: Fri, 26 Aug 2016
Source: Tulsa World (OK)
Copyright: 2016 World Publishing Co.
Author: Barbara Hoberock



Medical Marijuana Supporters Say Title Is Now Inaccurate; November 
Vote Unlikely

OKLAHOMA CITY - Supporters of an effort to legalize medical marijuana 
in Oklahoma said Thursday they will challenge the ballot title 
rewording by Attorney General Scott Pruitt.

The ballot title explains the measure to voters.

Pruitt on Thursday submitted the ballot title for State Question 788, 
a measure that if approved by voters would legalize medical marijuana 
in Oklahoma.

"There is no way we can let the Pruitt ballot title stand," said Chip 
Paul, a spokesman for Oklahomans for Health, which secured the 
signatures to get the issue before voters.

The rewritten ballot title does not accurately reflect the medical 
component and implies marijuana will be legalized regardless of 
medical need, Paul said.

"We will protest it," Paul said. "It keeps us off the ballot in 
November, and that is what was probably intended."

Pruitt commended the attorneys in his office for diligent work to 
complete this ballot title in an efficient manner.

"While my office has done its part by preparing the ballot title well 
before the Sept. 1 deadline, there are still steps remaining in order 
for the question to be placed on a ballot," Pruitt said.

"We are dealing with processes established in both federal and state 
election law for initiatives proposed by the people that require 
specific procedures to be followed," he said. "Even with expedited 
efforts of both the Secretary of State's Office to count the 
signatures and my office to write the ballot title, the state is 
running up against deadlines imposed by this process.

"It's important for the people of Oklahoma to know, regardless of the 
substance of the state question, the signatures were not submitted 
with enough time to allow this process to be played out completely."

Pruitt's office earlier this month determined that the ballot title 
submitted by supporters was deficient.

After the Attorney General's Office submits the substitute ballot 
title to the Secretary of State, it must be published. Opponents have 
10 business days to object to the ballot title based on the validity 
or number of signatures or a challenge to the ballot title.

Gov. Mary Fallin cannot issue the proclamation placing State Question 
788 on the ballot until the timeline for objections and protests has 
passed, according to Pruitt's office.

The State Election Board has indicated it needs all of the ballot 
materials by Friday for measures to appear on the Nov. 8 general 
election ballot.

If State Question 788 is not on the Nov. 8 ballot, it could be placed 
on a special election ballot or the 2018 primary or general election ballot.


Ballot title for State Question No. 788

This measure legalizes the licensed use, sale, and growth of 
marijuana in Oklahoma. There are no qualifying medical conditions 
identified. Possession and use of marijuana is authorized through a 
medical marijuana license that is valid for two years, rather than by 
prescription. An Oklahoma board certified physician must recommend 
the license using the same accepted standards for recommending other 
medications, and must sign the application for the license. The State 
Department of Health must issue a license to an applicant who:

submits a valid application,

is eighteen years or older, and

is an Oklahoma resident.

Applications for individuals under eighteen must be signed by two 
physicians and by a parent or legal guardian. The Department also 
issues seller, grower, packaging, transportation, research, and 
caregiver licenses to those who meet certain minimal requirements. A 
7 percent state tax is imposed on retail sales of marijuana. 
Unlicensed possession by an individual who claims to have a medical 
condition is punishable by a fine not exceeding $400.

Local government cannot use zoning laws to prevent the opening of a 
retail marijuana store. This measure does not change federal law, 
which makes use, sale, and growth of marijuana illegal.
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MAP posted-by: Jay Bergstrom