The most worrisome bill yet regarding SQ788. Still it isn't as bad as it could be. Some of these are reasonable such as the ban on public smoking but others are troubling such as the removal of employment and housing protections. Also very troubling is the recriminalization for people caught with less than 1.5 oz and without their card on them (regardless if they are a patient). As usual, if this passes Oklahoma will be moving backwards in relation of where the rest of the country is going.
Everyone who voted yes on 788 and doesn't want to see it gutted needs to be vigilant and needs to contact their representative and Governor Stitt to make their voice heard.
https://www.tulsaworld.com/news/stat...8b24cbf4b.html
Here's what it does.
- SQ 788 ensures patients who have not yet obtained their state license but are found to be in possession of less than 1.5 ounces of marijuana would face only a misdemeanor charge and $400 fine. Paxton’s measure would instead institute those penalties for a licensed patient who is not in possession of their state-issued card at the time of the law enforcement action. Those who have no patient license would be subject to the same criminal law as before SQ788.
- SQ 788 seals patient applications and ensures no personal information is retained for the state’s digital records of patient licenses. Paxton’s measure would have the state retain all information from patient applications, but the records would still be sealed.
- Paxton’s measure would allow municipalities to enact ordinances banning patients from smoking or vaping anywhere that’s not a private residence.
- SQ788 protects patients from being punished by employers, refused by schools and declined by landlords “unless failing to do so would imminently cause (the employer, school or renter) to lose a monetary or licensing related benefit under federal law or regulations.” Paxton’s measure would remove “imminently,” instead saying “the potential” to lose money is enough to allow patient discrimination.
- Paxton’s measure would add a classification of employees not protected as patients if they are in a “safety-sensitive position.” Those employees could be fired upon a positive test for marijuana or a determination that the employee holds a patient card.
- SQ788 states that municipalities cannot change laws to prevent the opening of a retail marijuana establishment. Paxton’s measure adds language clarifying that clause but would establish that growers and processors may be prohibited, by ordinance, from opening within the limits of a city or county.
- SQ788 states that medical marijuana establishments may not be located within 1,000 feet of a school entrance. Paxton would have that changed to include only dispensaries in the distance requirement.
- SQ788 established what’s been called a gross receipts tax of 7 percent on retail medical marijuana sales. Paxton would specifically call that a sales tax and add language that ensures municipalities would be permitted to add additional local sales tax on medical marijuana. (Note: A lawsuit over the established tax structure is pending, as Oklahoma Tax Commission is instructing retailers to collect not only the 7 percent tax but also a 4.5 percent Oklahoma state sales tax.)
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