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The lawsuit challenges the 7% excise tax and all sales tax on retail medical marijuana sales in Oklahoma (created by State Question 788 in 2018). Plaintiffs argue that:

• The tax was unconstitutional and illegally administered, functioning as a revenue-raising measure without following Oklahoma’s constitutional requirements (Article V, § 33).

• Funds from the tax were diverted away from their voter-approved purpose (to regulate the medical marijuana program) and instead used for general state spending.

• Medical marijuana patients were treated unfairly by being taxed on physician-recommended medicine, even though other prescribed medications are exempt from sales tax — violating equal protection and due process rights.

• In some cases, patients were double-taxed, paying both the 7% excise tax and regular state/local sales taxes.

Purpose of the lawsuit:
The plaintiffs seek to (1) stop the State from continuing to unlawfully collect the tax, (2) have the tax declared unconstitutional as administered, and (3) establish a court-supervised refund process so licensed medical marijuana patients can recover taxes wrongfully collected since June 26, 2018.