The 2014 legislative session has begun and Representatives and Senators from the Mid-Del area have submitted bills concerned with marijuana, militia, teachers and whistleblowers.

Marijuana

Among the several bills introduced by Sen. Constance Johnson is Senate Bill 2116 relating to the legalization and taxation of marijuana and its products.

Sen. Johnson, a Democrat representing District 48, said this bill, if voted and signed into law, would legalize marijuana for all citizens 21 or older to cultivate, sell and for use under specific rules.

The plant may not be grown in an area that is accessible to anyone under the age of 21, all sales must take place in an establishment that is licensed, taxed and regulated by the FDA, and all usage must be in compliance with all laws governing driving under the influence.

This law would take effect November 2014, however there is a provision included that would require the FDA to have a year from the implementation date to create rules and regulations governing manufacturing and sale of the product. If the bill passes this session, legalized marijuana would not be available in Oklahoma until November 2015.

All taxes associated with the sale of this product are broken down as follows: 30 percent to the Department of Education, 20 percent to the Department of Health (both for treatment of substance abuse and scientific and medical education programs) and finally 50 percent to the state’s General Revenue Fund.

This bill also includes detailed descriptions of punishment for underage usage both for the perpetrator and those that supplied it, all of which include mandatory drug abuse education.

Whistleblower

Rep. Mike Shelton, a Democrat who represents District 101, submitted a bill seeking to amend the 2011 law on whistleblowers.

This is a constituent request bill.

A government agency under this amended act would be unable to take disciplinary action against any employee that: discloses public information correcting anything believed to be in violation of Oklahoma Constitution or law or federal law; reporting mismanagement or gross waste of public funds, abuse of authority, or a danger to public health and safety; discussing operations of an agency with anyone outside that agency in order to initiate investigative or corrective action; or doing any of the above without speaking to anyone in the employees chain of command.

This law would create a safe haven and therefore an encouragement for government employees to report governmental wrongdoing. This creates another level of checks and balances to keep those in power honest with their constituents, the proposed bill states.

Militia

Rep. Lewis Moore, a Republican representing District 96, introduced House Bill 2819 which would provide for and protect members of the Oklahoma Unorganized Militia. It would also allow the Governor certain privileges over said militia.

The Oklahoma Unorganized Militia was created under Section 41 Title 44 of the Oklahoma Statutes. It maintains that anyone over the age of 17 can legally purchase and own a firearm and is therefore deemed a member of the Oklahoma Unorganized Militia.

Rep. Moore’s proposed bill would add the following amendment:

"In the event of imminent danger or threat to the sovereignty or control of the State of Oklahoma by either domestic or Foreign forces, if the Governor shall have ordered into active service all of the available forces of the National Guard of Oklahoma and considers them insufficient in numbers to properly accomplish the purpose, the Governor may then in addition order out the unorganized militia or such portion thereof as the Governor may deem necessary and cause them to perform such military duty as the circumstances may require."

Meaning simply that if the time arises that the state is threatened and regular military cannot alone fight the threat, normal gun owning citizens can be asked to defend Oklahoma.

Teacher Defense

State Sen. Ron Sharp, a Republican representing District 17, submitted an amendment to laws governing punishments for assaults against educators or those employed in the school system.

This amendment makes any assault that is a secondary offense an immediate felony punishable by imprisonment in a state penitentiary instead of county jail and/or a $5,000 instead of a $2,000 fine.

Rep. Moore hopes this increase in punishment will offer greater protection to educators in the state.