Oklahoma Activists Withdraw 2026 Marijuana Legalization Ballot Initiative

Oklahoma activists have withdrawn a marijuana legalization initiative that they’d hoped to place on the state’s 2026 ballot.

After a short but aggressive signature push to secure ballot placement, Oklahomans for Responsible Cannabis Action (ORCA) ultimately did not turn in its petitions by the deadline, according to the secretary of state’s office.

This is a critical setback for advocates, who had partnered with retailers across the state—from existing medical cannabis dispensaries to tattoo parlors—to carry the petitions. More than 500 locations lent their support by serving as signing locations.

ORCA needed to turn in 172,993 valid signatures by Monday, and while the campaign appeared optimistic about its progress, the secretary of state’s office has confirmed it didn’t make the cut.

“WITHDRAWN BY PROPONENTS OF RECORD,” the office’s website says. “November 3, 2025; No petition pamphlets were filed on behalf of IP449; IP449 is no longer active with the Secretary of State office.”

While the campaign wasn’t actively verifying signatures it collected due to the decentralized and largely volunteer nature of the effort, ORCA founder Jed Green, who could not be reached for comment on Monday or Tuesday, told Marijuana Moment last month that the team had “some pretty big piles” of signed petitions on hand.

The campaign was still wrangling hundreds of signed petitions through Monday afternoon.

The turnaround to get the signatures delivered was tight, as the campaign only started collecting them in August, giving advocates just about three months to get the job done.

There were challenges unique to this election cycle, as earlier this year Gov. Kevin Stitt (R) gave final approval to legislation that some advocates worry will inhibit future citizen-led policy changes, including cannabis reform.

The law puts additional requirements on initiative “gist” language that voters see on the ballot and also revise policies around signature gathering to make it so petitioners could only submit signatures from up to 11.5 percent of registered voters in a single county for statutory proposals and 20.8 percent for constitutional measures. The law is currently being litigated for reasons unrelated to the specific cannabis proposal.

Green previously said that one of the key differences between the initiative his organization pushed this year and a previous one that failed at the ballot in 2023 is that it accounted for concerns about licensing rules. Many have criticized the rollout of the state’s medical marijuana law, which led to a dramatic proliferation of dispensaries, and Green said the failed adult-use measure effectively duplicated that licensing scheme.

Here’s what ORCA’s latest marijuana legalization initiative would have accomplished:

• It would allow adults 21 and older to purchase and possess up to eight ounces of cannabis for personal use. They could also grow up to 12 plants and possess what’s harvested, and they would be able to have up to one ounce of cannabis concentrates.
• The proposed constitutional amendment would also provide that Oklahoma banks would not be penalized simply for servicing state-licensed cannabis businesses.
• Further, the initiative includes protections to make it so any adults would be shielded from being penalized with respect to “healthcare, housing, employment, public assistance, public benefit, parental right, educational opportunity, extracurricular activity” and also “licensure or licensed activity” such as firearm ownership and driving rights due to any legal cannabis activity.
• As part of those protections, the presence of THC metabolites in a person’s system could not be used as evidence of impairment.
• Local governments would not be permitted to impose bans on the marijuana home cultivation, and any regulations they set on the activity could not be “unduly burdensome.” Additionally, no public ordinances on public smoking for marijuana could be more restrictive than what’s currently in place for tobacco.
• Existing medical cannabis dispensaries, as well as any new retail licensees, would be able to start selling to adult consumers starting 60 days after the measure’s enactment. After 180 days, they could start delivering cannabis products to adults.
• The same state departments that oversee the current medical cannabis program would be responsible for regulate the adult-use market.
• A 10 percent excise tax would be imposed on adult-use marijuana products, and the initiative stipulates that the legislature would be empowered to decrease that tax rate but not raise it.
• Revenue from those tax dollars would go toward the state general fund (40 percent), as well as county governments (30 percent) and municipal governments (30 percent) where retail sales occurred. For unincorporated jurisdictions, revenue would be split evenly, with 5o percent for the general fund and 50 percent for the counties.
• Sixty days after the measure’s enactment, the tax rate on marijuana for registered cannabis patients would be eliminated.
• It also states that state-licensed marijuana businesses couldn’t be prevented from engaging in interstate commerce if there’s a change in federal law, or a court action, permitting such activity. If that happens, the legislature would be authorized to place up to a 3 percent wholesale tax on cannabis exported beyond state lines.

Meanwhile, amid the signature gathering process, law enforcement leaders with the Oklahoma Association of Chiefs and Oklahoma Bureau of Narcotics and Dangerous Drugs had been raising concerns about cannabis.

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Also in Oklahoma, lawmakers in March advanced a bill aimed at protecting gun rights of state-registered medical marijuana patients, although federal law still bars cannabis users from owning firearms regardless of their patient status.

Another state bill filed in January by a GOP legislator would criminalize the use of medical cannabis during pregnancy.

Photo courtesy of Chris Wallis // Side Pocket Images.