Two Oklahoma residents are claiming that the 7% marijuana tax is illegal, and they want every patient who's paid it to be reimbursed. Adrian Keith Johnson and Tracy Neeley filed a lawsuit in Oklahoma County against the Oklahoma Tax Commission and state treasurer. The lawsuit claims that the 7% excise tax on all medical marijuana sales is unconstitutional based on Oklahoma's strict rules about creating new taxes.
They also suggest a fix — the creation of a refund program that will return "more than one billion dollars" to patients who paid it. The lawsuit claims that, with compounded interest, Oklahoma's Tax Commission has collected more than $1 billion from patients buying medical marijuana.
Their numbers don't add up, though.
Each month, the OTC publishes details about medical marijuana tax revenue. From 2018 until the end of September 2025, the state has collected only $337 million from the excise tax (about one-third of what they're asking). Excise tax is separate than the retail sales tax collected by the state and local governments.
Read more at The Oklahoman
