Oklahoma Supreme Court Finds SQ 819, Proposing to Tax Recreational Marijuana, Legally Sufficient as Severed

The Oklahoma Supreme Court April 19 found State Question (SQ) Number 819, Initiative Petition Number 433, proposing to legalize and tax recreational marijuana, legally sufficient as severed, for excise tax purposes. Taxpayer raised a constitutional challenge to the ballot question that proposed to add Article 32 to the state constitution to legalize, regulate, and tax the recreational use of marijuana by adults aged 21 years and older. The supreme court found: 1) any illegality of an activity doesn’t bar its taxation; 2) the state’s enforcement of Article 32 wouldn’t meet the definition of “specified unlawful activity;" 3) the gist of ...