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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
SENATE BILL 1848 By: Montgomery
AS INTRODUCED
An Act relating to medical marijuana tax; amending 63
O.S. 2021, Section 426, as am ended by Section 2,
Chapter 563, O.S.L. 2021, which relates to
apportionment; modifying apportionment; creating the
Drug and Alcohol Abuse Revolving Fund; establishing
purpose; providing source of funds ; providing for
expenditures; providing for codificati on; providing
an effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 426, as
amended by Section 2, Chapter 563, O.S.L. 2021, is amended to read
as follows:
Section 426. A. The tax on retail medical marijuana sales will
be established at seven percent (7%) of the gross amount received by
the seller.
B. This tax will be collected at t he point of sale. Except as
provided for in subsection D, tax proceeds will be applied primarily
to finance the regulatory office.
C. Except as provided for in subsection D, if proceeds from the
levy authorized by subsection A of this section exceed the budgeted
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amount for running the regulatory office, any surplus shall be
apportioned with seventy -five percent (75%) going to the General
Revenue Fund and may only be expended for common education including
funding redbud school grants pursuant to Section 3 -104 of Title 70
of the Oklahoma Statutes. Twenty-five percent (25%) shall be
apportioned to the Oklahoma State Department of Health and earmarked
for drug and alcohol rehabilitation.
D. For fiscal year 2022, proceeds from the levy authorized by
subsection A of this section shall be apportioned a s 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%) sixty-four percent (64%) to the State Public
Common School Building Equalization Fund,
b. thirty-four and sixty-two hundredths percent (34.62%)
thirty percent (30%) to the Oklahoma Medical Mari juana
Authority, a division within the Oklahoma State
Department of Health , and
c. six and fifteen hundredths percent (6.15%) six percent
(6%) to the Oklahoma State Department of Health and
earmarked for drug and alcohol rehabilitation Drug and
Alcohol Rehabilitation Fund created in Section 2 of
this act; and
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2. Any surplus collections shall be apportioned to the General
Revenue Fund of the State Treasury .
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-312 of Title 43A, unless there
is created a duplication in numb ering, reads as follows:
There is hereby created in the State Treasury a revolving fund
for the Oklahoma Department of Mental Health and Substance Abuse
Services to be designated the “Drug and Alcohol Abuse Revolving
Fund”. The fund shall be a continuing fund, not subject to fiscal
year limitations, and shall consist of all monies recei ved by the
Oklahoma Department of Mental Health an d Substance Abuse Services
from apportionments pursua nt to Section 426 of Title 63 of the
Oklahoma Statutes. All monies accruing to the credit of the fund
are hereby appropriated and may be budgeted and ex pended by the
Oklahoma Department of Mental Health and Substance Abuse Services
for the purpose of drug and alcohol rehabilitation and prevention .
Expenditures from the fund shall be made upon warrants issued by the
State Treasurer against claims filed as prescribed by law with the
Director of the Office of Management and Enterpr ise Services for
approval and payment.
SECTION 3. This act shall become effective July 1, 2022.
SECTION 4. It being immediately necessary for the preservation
of the public peace, health or safety, an emergency is hereby
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declared to exist, by reason whereof thi s act shall take effect and
be in full force from and after its passage and approval.
58-2-3379 QD 1/20/2022 10:31:27 PM