Last summer the petition drive by Oklahomans for Health to put medical marijuana on the ballot as a state question managed to get just enough signatures to be approved. There was enough time to get the measure before the voters in November, 2016, but state Attorney General Scott Pruitt decided to rewrite what would actually appear on the ballot in a way that would make it appear to go much farther to legalize marijuana than it really does. Pruitt’s rewrite was struck down by the state Supreme Court, but still delayed the process enough to keep it from going to the voters last year. When Oklahomans will get to have their say on the proposal, formally termed State Question 788, remains undetermined at this time.

As of June 15th SQ 788 was officially certified as qualified for the ballot and the office of the Oklahoma Secretary of State records it’s status as awaiting the Governor to issue a proclamation declaring an election date. Gov. Fallin has three options:

Call a special election

Place SQ 788 on the ballot with the primary elections on June 26, 2018

Place SQ 788 on the general election ballot on Nov. 6, 2018

A special election is highly unlikely. Gov. Fallin, a Republican, would have to buck her party to favor passage of the measure. She has not given anyone any reason to believe she would do so. More importantly, a costly special election during the current budget woes is a non-starter. Really, it’ll come down to how the Governor prioritizes the issue of medical marijuana versus desires to affect the outcome of the primary and general elections. A proclamation would have to be issued at least 70 days prior to the election, so if it is to be on the primary ballot it would need to be made official by April 17th, 2018.

If Gov. Fallin is more concerned about the outcome of SQ 788 than she is about who wins what election then she will have to judge if it will be more likely to pass in the primary or in the general election. The primary will have smaller turnout which could mean that regular voters, generally likely to be more opposed, will defeat it. However, lower turnout also means a spirited campaign to get out the vote by those who favor medical marijuana would be more likely to change the outcome.

However, the Governor may believe that Oklahomans will oppose any and all decriminalization of marijuana. It is even more likely that she considers the election of the GOP nominee next November to be a sure thing. If both of these things are true then her thought process would most likely depend upon consideration of who might benefit from being on the ballot with SQ 788.

Democrats picked up two seats from previously Republican districts in special elections on July 11th. There are two more special elections coming up that could flip seats from the GOP, including Senate District 45 where Steve Vincent is running a strong campaign. Medical marijuana would presumably help Democrats and especially Libertarians such as Chris Powell and hurt Republicans. Putting SQ 788 on the primary ballot might help the GOP’s bottom line in November.

On the other hand, marijuana legalization is a signature issue for Connie Johnson and having it on the ballot in the primary would be to her benefit. And at least one of the Republican gubernatorial candidates has privately expressed to this writer a pro-cannabis stance and an intention to campaign on the issue. Gov. Fallin may see a chance to affect the primaries that will help determine her replacement.

Without knowing what the Governor is thinking and who has her ear about SQ 788 it will be hard to know if we will see it on the ballot next June or next November. Especially since there are two additional factors. Placing it on the primary ballot could cause it to go into effect earlier, possibly before the state Legislature could enact supporting regulations. And there hasn’t been a state question on the primary ballot since 2000. Oklahomans will get to vote on medical marijuana no later than Nov. 6th, 2018, but don’t be too surprised if it is sooner than that.