The Oklahoma Legislature Accidentally Repealed the Medical Marijuana License Moratorium for Two Weeks in August

Back in 2022, the Oklahoma Legislature enacted a moratorium on new medical marijuana business licenses beginning August 1, 2022 and ending August 1, 2026.

This year, the Legislature passed a law (HB 3143) to extend that moratorium from August 1, 2026 through August 1, 2028.

However, under the Oklahoma Constitution, no law can take effect earlier than 90 days after the Legislature adjourns unless that law contains an emergency clause (and the emergency receives at least a 3/4 majority in both chambers).

And although HB 3143 received more than 3/4 support in both the House and Senate, the measure contained no emergency clause, therefore it cannot take effect sooner than 90 days after the Legislature gavels out.

The Legislature gaveled out yesterday, May 14, and those 90 days will run out August 12. Therefore the new moratorium cannot take effect until August 13, 2026.

In other words, the current moratorium will expire on August 1, but the new moratorium will not start until August 13.

Does this mean OMMA will reopen to new business license applications from August 1 to August 12?

Maybe, but maybe not. There are rumors the Legislature will return for a special session after the primary election on June 16, at which point they could repass the moratorium with an emergency clause in place. And even if the Legislature does not do that, it would probably take litigation for OMMA to reopen its new business license application system.

Still, this underlines the complexity of Oklahoma constitutional law, especially as it interacts with Oklahoma cannabis law.

If you have questions about either Oklahoma medical marijuana law or the Oklahoma Constitution, don't hesitate to reach out.