A. The tax on retail medical marijuana sales shall be established at seven percent (7%) of the gross amount received by the seller.

B. This tax shall be collected at the point of sale. Except as provided for in subsection D, tax proceeds shall be deposited into the Medical Marijuana Tax Fund created in Section 3 of this act.

C.Pursuant to Section 255.2 of Title 68 of the Oklahoma Statutes, the Oklahoma Tax Commission shall have authority to assess, collect and enforce the tax specified in subsection A of this section including any interest and penalty thereon.

D. For fiscal year 2022, proceeds from the levy authorized by subsection A of this section shall be apportioned as follows:

1. The first Sixty-five Million Dollars ($65,000,000.00) shall be apportioned as follows:

a. fifty-nine and twenty-three hundredths percent (59.23%) to the State Public Common School Building Equalization Fund,

b. thirty-four and sixty-two hundredths percent (34.62%) to the Oklahoma Medical Marijuana Authority, a division within the State Department of Health, and

c. six and fifteen hundredths percent (6.15%) to the State Department of Health and earmarked for drug and alcohol rehabilitation; and

2. Any surplus collections shall be apportioned to the General Revenue Fund of the State Treasury.

E. If any medical marijuana business licensee intentionally does not remit the taxes as required by the provisions of this section or the provisions of Section 1354 of Title 68 of the Oklahoma Statutes, the Authority shall permanently revoke the medical marijuana business license of the business licensee and the business licensee shall be permanently ineligible to receive any other type of medical marijuana business license issued by the Authority, including licenses for a dispensary, commercial grower operation, processing facility, transporter, research, education facility, and waste disposal facility.

Historical Data

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Section 7, State Question 788, Initiative Petition 412, adopted at election held June 26, 2018, effective one (1) month immediately following its passage; Amended by Laws 2021, SB 229, c. 563, § 2, emerg. eff. May 28, 2021; Amended by Laws 2021, SB 1033, c. 584, § 13, emerg. eff. May 28, 2021 (superseded document available); Amended by Laws 2021, HB 2646, c. 553, § 6, eff. November 1, 2021 (superseded document available); Amended by Laws 2022, SB 1802, c. 228, § 27, emerg. eff. May 5, 2022; Amendment by Laws 2021, SB 1033, c. 584, § 13, repealed by Laws 2022, SB 1802, c. 228, § 28, emerg. eff. May 5, 2022; Amendment by Laws 2021, HB 2646, c. 553, § 6, repealed by Laws 2022, SB 1802, c. 228, § 29, emerg. eff. May 5, 2022 (superseded document available); Amended by Laws 2023, HB 2095, c. 168, § 1, eff. November 1, 2023, as amended by Laws 2023, 1st Extr. Sess., SB 18x, c. 34, § 1, emerg. eff. July 1, 2023 (superseded document available).

Citationizer^® Summary of Documents Citing This Document

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Cite	Name	Level
Title 63. Public Health and Safety
	Cite	Name	Level
	63 O.S. 427.5a,	Medical Marijuana Tax Fund	Cited
Title 68. Revenue and Taxation
	Cite	Name	Level
	68 O.S. 255.2,	Tax on Retail Medical Marijuana Sales	Cited
Title 70. Schools
	Cite	Name	Level
	70 O.S. 3-104,	State Board of Education - Powers and Duties	Discussed at Length
	70 O.S. 3-104.4,	Standards for Accreditation of Public Schools - Assistance - Compliance	Cited

Citationizer: Table of Authority

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Cite	Name	Level
Title 63. Public Health and Safety
	Cite	Name	Level
	63 O.S. 426,	Taxation - Apportionment	Cited
	63 O.S. 426,	Taxation - Apportionment- Assess, Collect and Enforce	Cited
	63 O.S. 426,	Taxation - Apportionment- Assess, Collect and Enforce	Cited
	63 O.S. 426,	Taxation - Apportionment- Assess, Collect and Enforce	Cited