Oklahoma 2025 Regular Session

Oklahoma Senate Bill SB1125 Latest Draft

Bill / Amended Version Filed 03/04/2025

                             
 
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SENATE FLOOR VERSION 
March 3, 2025 
 
 
SENATE BILL NO. 1125 	By: Deevers 
 
 
 
 
 
An Act relating to excise tax; authorizing counties 
and municipalities to levy excise tax upon the sale 
of medical marijuana; prescribing procedures for 
approval of excise tax; requ iring a majority of 
voters to approve levy; prohibiting election for 
certain period if voters fail to approve levy; 
prescribing date of effectiveness upon approval; 
requiring initiative petitions to be in accordance 
with certain laws; prescribing deadlines for 
obtaining signatures and holding elections; requiring 
state purpose for levy of tax; requiring 
identification of the duration of the tax to voters; 
prohibiting municipalities from redirecting funds to 
another purpose without voter approval; creating 
county excise tax revolving funds upon levy of 
certain tax; providing sources of funds; providing 
purpose for expenditures; providing for codification; 
and providing an effective date . 
 
 
 
 
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: 
SECTION 1.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 2702.2 of Title 68, unless there 
is created a duplication in numbering, reads as follows: 
A.  Any municipality of this state may levy an excise tax upon 
the sale of medical marijuana on the gross proceeds or gross 
receipts derived from all sales within the municipality.  Before the 
excise tax may be levied by the municipality, the impos ition of the   
 
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tax shall first be approved by a majority of the registered voters 
of the municipality voting thereon at a special election called by 
the city council or by initiative petition signed by not less than 
five percent (5%) of the registered voters of the municipality who 
were registered at the time of the last general election.  However, 
if a majority of the registered voters of a municipality voting fail 
to approve such a tax, the city council shall not call another 
special election for such purpo se for six (6) months. Any excise 
tax approved by the registered voters of a municipality shall be 
applicable only when the point of sale is within the territorial 
limits of such municipality.  Any excise tax levied or any change in 
the rate of an excise tax levied pursuant to the provisions of this 
section shall become effect ive on the first day of the calendar 
quarter following approval by the voters of the municipality unless 
another effective date, which shall also be on the first day of a 
calendar quarter, is specified in the ordinance or resolution 
levying the excise tax or changing the rate of excise tax. 
B.  Initiative petitions calling for a special election 
concerning municipality excise tax proposals shall be in accordance 
with Sections 2, 3, 6, 18 , and 24 of Title 34 of the Oklahoma 
Statutes.  Petitions shall be subm itted to the office of the city 
clerk for approval as to form prior to circulation. Following 
approval, the petitioner shall have ninety (90) days to secure the 
required signatures. After securing the requisite number of   
 
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signatures, the petitioner shall submit the petition and signatures 
to the city clerk.  Following the verification of signatures, the 
city clerk shall present the petition to the city council.  The 
special election shall be held within sixty (60) days of receipt of 
the petition.  The ballot title presented to the voters at the 
special election shall be identical to the ballot as presented in 
the initiative petition. 
C.  Any excise tax which may be levied by a municipa lity shall 
be designated for any lawful purpose deemed necessary to prote ct and 
promote the life, liberty, and property of the citizens within the 
jurisdiction. 
D.  The duration of the tax could be limited or unlimited. The 
municipality shall identify the duration of the tax when it is 
presented to the voters pursuant to the p rovisions of subsections A 
and B of this section. 
E.  Any municipality that levies a dedicated tax pursuant to a 
vote of the people for a stated purpose shall not redirect all or a 
portion of the dedicated tax revenue to another purpose without a 
vote of the people authorizing such action. 
F.  If recreational marijuana is legalized under Oklahoma state 
law, the provisions of this section shall automatically extend to 
recreational marijuana at the same rates and conditions applicable 
to medical marijuana.   
 
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SECTION 2.     NEW LAW     A new section of law to be codified 
in the Oklahoma Statutes as Section 2710 of Title 68, unless there 
is created a duplication in numbering, reads as follows: 
A.  Any county of this state may levy an excise tax upo n the 
sale of medical marijuana on the gross proceeds or gross receipts 
derived from all sales within the county.  Before the excise tax may 
be levied by the county, the imposition of the tax shall first be 
approved by a majority of the registered voters o f the county voting 
thereon at a special election called by the board of county 
commissioners or by initiative petition signed by not less than five 
percent (5%) of the registered vot ers of the county who were 
registered at the time of the last general ele ction.  However, if a 
majority of the registered voters of a county voting fail s to 
approve such a tax, the board of county commissioners shall not call 
another special election for such purpose for six (6) months.  Any 
excise tax approved by the registere d voters of a county shall be 
applicable only when the point of sale is within the territorial 
limits of such county.  Any excise tax levied or any change in the 
rate of an excise tax levied pursuant to the provisions of this 
section shall become effective on the first day of the calendar 
quarter following approval by the voters of the county unless 
another effective date, which shall also be on the first day of a 
calendar quarter, is specified in the ordinance or resolution 
levying the excise tax or changi ng the rate of excise tax.   
 
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B.  Initiative petitions calling for a special election 
concerning county excise tax proposals shall be in accordance with 
Sections 2, 3, 6, 18, and 24 of T itle 34 of the Oklahoma Statutes.  
Petitions shall be submitted to the of fice of the county clerk for 
approval as to form prior to circulation.  Following approval, the 
petitioner shall have ninety (90) days to secure the required 
signatures.  After securing the requisite number of signatures, the 
petitioner shall submit the pe tition and signatures to the county 
clerk.  Following the verification of signatures, the county clerk 
shall present the petition to the board of county commissioners.  
The special election shall be held within sixty (60) days of 
receiving the petition.  T he ballot title presented to the voters at 
the special election shall be identical to the ballot as presented 
in the initiative petition. 
C.  Any excise tax which may be levied by a county shall be 
designated for a particular purpose. 
D.  The duration of t he tax could be limited or unlimited.  The 
county shall identify the duration of the tax when it is presented 
to the voters pursuant to the provisions of subsections A and B of 
this section. 
E.  There are hereby created one or more county excise tax 
revolving funds in each county which levies an excise tax under this 
section.  Each revolving fund shall be designated for a particular 
purpose and shall consist of all monies generated by the excise tax   
 
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which are designated for such purpose.  Monies in the fund s shall 
only be expended for the purposes specifically designated as 
required by this section.  A county excise tax revolving fund shall 
be a continuing fund not subject to fiscal yea r limitations. 
F.  If recreational marijuana is legalized under Oklahoma state 
law, the provisions of this section shall automatically extend to 
recreational marijuana at the same rates and conditions applicable 
to medical marijuana. 
SECTION 3.  This act shall become effective November 1, 2025. 
COMMITTEE REPORT BY: COMMITTEE ON REVENUE AND TAXATION 
March 3, 2025 - DO PASS