Oklahoma’s decriminalization of marijuana has helped lead to fewer arrests of Black men for possession, stated advocates for criminal justice reform.

 

        But the rate of Black men arrested for marijuana possession compared to white men has remained relatively the same since 2016, according to the Oklahoma Bureau of State Investigation.

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        Oklahomans voted in 2016 to make most marijuana possession a misdemeanor, instead of a felony. In 2018, Oklahomans legalized marijuana use for medical purposes.

In 2016, the rate of arrest for Black males compared to white males was 4.4 percent. In the years following from 2017 to 2020, the rate of arrest stayed relatively the same averaging 4.5.

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        OK Justice Reform’s policy counsel noted that despite changes in the law, Black men are “more likely to be arrested for marijuana even though marijuana use rates are nearly identical across all races.”

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        “This affects their ability to get jobs, housing, and an education,” Michael Olson said. “Until we fix these problems, marijuana is not decriminalized in the way that it should be.” 

 

        Oklahoma criminal defense lawyer explained that Oklahoma has not seen much change in the ratio of Black men arrested for marijuana possession compared to white men because of “bias.”

       

        “When I was a public defender, I saw how African American men were disproportionally targeted,” Clay Curtis said. “The system is as biased as people are, and I think that’s still the reality; we see this in everyday life and the justice system is no exception to that.” 

 

        Along with racial bias, prejudice against people with a lower socioeconomic status also correlates to a person’s likelihood of being arrested for marijuana possession, according to economists’ Austin Wesley and Rand W. Ressler.

 

        “We know that in addition to race, individuals are arrested and prosecuted at higher rates if they are poor and live in rural areas,” Civil Rights Attorney Ryan Kiesel said. “This is due to them being seen as easy targets because they are less likely to afford the help they need to fight against charges brought against them.”

 

        As an attempt to lower the racial disparities in marijuana enforcement laws, some Oklahoma legislators tried to pass SQ 820, which would have legalized adult-use recreational marijuana in Oklahoma. Adults over the age of 21 years old would be able to purchase marijuana products for recreational use from licensed sellers, according to the Oklahoma Policy Institute.

 

        An OU Health Nurse noted that one specific group of Oklahomans who would have benefited from the passing of SQ 820 is residents battling Cancer.

 

        “We have many Cancer patients who struggle with uncontrollable pain, nausea, or vomiting, and sometimes the medications we have do not help or are difficult to afford,” Johniece Hunter said. “Marijuana is sometimes a more affordable and helpful way for patients to alleviate some of those symptoms.”

 

        Despite efforts of SQ 820 supporters to get the bill passed, on March 7, 2023, 61.67% of voters cast their ballot against approving recreational marijuana, according to Ballotpedia.org

 

        Ryan Kiesel believes that SQ 820 did not pass due to type of ballot and access to the ballot.

 

        “There is a structural issue that is separate apart from cannabis and that is the issue of protecting the right of the initiative petition and access to the ballot by citizens,” Ryan Kiesel said. “SQ 820 was on a stand-alone ballot at a time where voters were not used to being at the polls, and they had already voted several times in the last few months before which certainly did not help voter turnout.”  

 

        One Democratic Oklahoma Representative for House District 71, serving Tulsa, believes that another reason SQ 820 did not pass was due to resident’s mindset towards marijuana.

 

        “I work in rural communities, and some residents have expressed that they are still reluctant to marijuana because they see businesses come in and become their unwelcomed neighbors,” Amanda Swope said. “I think having the marijuana industries think of ways that they can be better neighbors to smaller communities and not just other dispensaries would help change people’s mindset.”

 

        Swope also notes that the low turnout for SQ 820 correlated with residents not knowing that marijuana could be a safe business.

 

        “Oklahoma is far behind other states that have legalized marijuana so many people are still unaware of the type of business the marijuana industry is,” Amanda Swope said. “I think the best way to break the stigma around marijuana businesses is to continue to show people that marijuana can be a safe and reputable business industry and ensure that it’s not getting in the hands of or advertised to young people.”

 

        Although SQ 820 did not pass, some Oklahomans are creating plans to move forward from this setback. One of those Oklahomans is a Democratic Representative for House District 92, serving Oklahoma City, Forrest Bennett. 

 

        “I’ve been involved with the Oklahoma Cannabis Industry Association, and the big thing we are aiming for right now is sustaining the industries that we have,” Forrest Bennett said. “Along with that, we want to make sure that at state and local levels we are not rolling back protections for people who participate in the industry.”

 

        Rep. Forrest Bennett also plans to move forward from the loss of SQ 820 by helping to make marijuana legal federally.

 

        “Due to marijuana being federally illegal, marijuana businesses find it difficult to find banks that are willing to take their money, said Forrest Bennett. “Because of this, I am pushing to encourage the full legalization of marijuana federally through new petitions and bills.” 

 

        Michael Olson and his team at the Ok Justice Reform also have ideas of how to move forward after the loss of SQ 820.

 

        “We are working on many bills, one being a felony reclassification bill, Michael Olson said. “Also, we are planning to use the money that SQ 780 saved on incarceration to funnel money back into Black communities for mental health services to help prevent crime before it starts.”

 

        Another way that Michael Olson and the Ok Justice Reform plan to use the money saved from SQ 780 is by creating more housing options to help limit homelessness in Oklahoma.

 

        African Americans who present 13 percent of the general American population, account for 37 percent of people experiencing homelessness and more than 49 percent of homeless families with children, according to the National Alliance to End Homelessness.

Black men who do not have a stable living condition after being released from prison are more likely to end up back in prison noted Michael Olson.

 

        “As for the future we are going to look toward creating more housing for Black men who have been incarcerated because housing instability is a huge driver of crime,” Michael Olson said.  

 

        Ryan Kiesel noted that another way Oklahomans can move toward making marijuana enforcement laws more equitable among all races is by changing how law enforcement view and handle marijuana possession situations.

 

        “As long as marijuana remains a crime for Oklahomans who use without a marijuana license, we’re asking for law enforcement to intervene in those situations,” Ryan Kiesel said. 

 

        “The best way to keep law enforcement out of those situations is to teach them that responsible use and possession of small amounts of marijuana isn’t a crime, and how to handle situations without bias.”   

 

        Clay Curtis expressed that the best way for Oklahomans to be the change that they want to see is to get out and vote.

 

        “We have to rock the vote to get the results that we want,” Clay Curtis said. “I think most people support the legalization of medical marijuana, but reforms in the criminal justice system and decriminalization is something that is not important to many people because it does not affect them personally.” 

 

        “It is easy to be a bystander when you feel like something does not apply to you, but if we are not careful, this could affect someone you care about or even you,” Clay Curtis said. 

 

        Although it is uncertain how close Oklahoma is to future where rates of marijuana possession charges are the same among all races, some Oklahomans like Rep. Forrest Bennett are holding on to the hope that day will be some time soon.

 

        “I do sincerely believe that in several years we can establish Oklahoma as a great research and development state for cannabis, and level rates of incarceration for marijuana possession for all users,” Forrest Bennet said. “Cannabis has many unknown benefits that we have not discovered yet, and no person regardless of their race should be punished for using it.”