Shown verbatim: the complete text as captured from the official PDF posted by the Oklahoma Legislature, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
1 STATE OF OKLAHOMA
1
2 2nd Session of the 60th Legislature (2026)
2
3 SENATE BILL 1218 By: Kirt
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to alcoholic beverage license;
7 amending 37A O.S. 2021, Sections 3-101, as amended by
8 Section 498, Chapter 486, O.S.L. 2025, and 5-103 (37A
8 O.S. Supp. 2025, Section 3-101), which relate to
9 possession and making of alcoholic beverages and
9 exemptions from excise tax; removing certain
10 references to personal use permit; updating statutory
10 language; updating statutory references; repealing
11 37A O.S. 2021, Section 2-140, which relates to
11 personal use permit; and providing an effective date.
12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 37A O.S. 2021, Section 3-101, as
15
16 amended by Section 498, Chapter 486, O.S.L. 2025 (37A O.S. Supp.
16
17 2025, Section 3-101), is amended to read as follows:
17
18 Section 3-101. A. No person shall manufacture, rectify, sell,
18
19 possess, store, import into or export from this state, transport, or
19
20 deliver any alcoholic beverage except as specifically provided in
20
21 the Oklahoma Alcoholic Beverage Control Act. Provided, that nothing
21
22 herein Nothing in this section shall prevent the possession and
22
23 transportation of alcoholic beverages for the personal use of the
23
24 possessor and his or her family and guests, so long as the Oklahoma
24
Req. No. 2290 Page 1
1 excise tax has been paid thereon, except for beer. Provided,
1
2 further, that nothing herein Nothing in this section shall prevent a
2
3 person from making beer, cider, or wine, by simple fermentation and
3
4 without distillation for personal use if the maker of such beverages
4
5 has first applied for and possesses a valid personal use permit
5
6 issued by the ABLE Commission and the total volume of beer, cider,
6
7 or wine produced in any given calendar year is less than two hundred
7
8 (200) gallons. No beverages made pursuant to a for personal use
8
9 permit shall be sold or offered for sale.
9
10 B. 1. Any duly licensed physician or dentist may possess and
10
11 use alcoholic beverages in the strict practice of the profession and
11
12 any hospital or other institution caring for sick or diseased
12
13 persons may possess and use alcoholic beverages for the treatment of
13
14 bona fide patients of such hospital or institution. Any drugstore
14
15 employing a licensed pharmacist may possess and use alcoholic
15
16 beverages in the preparation of prescriptions of duly licensed
16
17 physicians.
17
18 2. The possession, transportation, and dispensation of wine by
18
19 any authorized representative of any church for the conducting of a
19
20 bona fide rite or religious ceremony conducted by such church shall
20
21 not be prohibited by the Oklahoma Alcoholic Beverage Control Act;
21
22 nor shall such act prevent the sale, shipping, or delivery of
22
23 sacramental wine by any person holding a sacramental wine supplier
23
24 license issued pursuant to the Oklahoma Alcoholic Beverage Control
24
Req. No. 2290 Page 2
1 Act to any religious corporation or society of this state holding a
1
2 valid exemption from taxation issued pursuant to Section 501(a) of
2
3 the Internal Revenue Code, 1954, and listed as an exempt
3
4 organization in Section 501(c)(3) of the Internal Revenue Code,
4
5 1954, of the United States, as amended.
5
6 3. Provided further, that nothing Nothing in the Oklahoma
6
7 Alcoholic Beverage Control Act shall prevent the possession,
7
8 transportation, and sale of alcoholic beverages within military
8
9 reservations and in accordance with the laws and rules governing
9
10 such military reservations, provided that the Oklahoma excise tax
10
11 has been paid on such beverages.
11
12 C. 1. Except as otherwise authorized by law, it is unlawful
12
13 for any brewer, manufacturer, wine and spirits wholesaler, beer
13
14 distributor, or retailer of alcoholic beverages, located and doing
14
15 business from outside this state, to make retail sales of alcoholic
15
16 beverages to purchasers located in this state or to ship alcoholic
16
17 beverages sold at retail to persons located in this state. Any
17
18 person who engages in the sale or shipping of alcoholic beverages in
18
19 violation of the provisions of this subsection, upon conviction,
19
20 shall be guilty of a Class D1 felony offense punishable by
20
21 imprisonment as provided for in subsections B through F of Section
21
22 20N of Title 21 of the Oklahoma Statutes, if the sale or delivery is
22
23 made to a person under twenty-one (21) years of age, or a
23
24
24
Req. No. 2290 Page 3
1 misdemeanor, if the sale or delivery is made to a person twenty-one
1
2 (21) years of age or older.
2
3 2. The fine for a violation of this subsection shall be not
3
4 more than exceed Five Thousand Dollars ($5,000.00).
4
5 3. In addition, if the person holds a license issued by the
5
6 ABLE Alcoholic Beverage Laws Enforcement (ABLE) Commission, the
6
7 license shall be revoked pursuant to Section 60 2-148 of this act
7
8 title.
8
9 D. All brewers, importers, brokers, and others who sell beer or
9
10 cider to licensed beer distributors in Oklahoma this state or
10
11 manufacturers, importers, brokers, and others who sell cider to
11
12 licensed beer distributors in Oklahoma this state, regardless of
12
13 whether such sales are consummated within or without the state, must
13
14 shall obtain a license, as the case may be, in order to sell beer or
14
15 cider intended for consumption within the State of Oklahoma this
15
16 state.
16
17 SECTION 2. AMENDATORY 37A O.S. 2021, Section 5-103, is
17
18 amended to read as follows:
18
19 Section 5-103. A. The excise tax levied by Section 104 5-101
19
20 of this act title shall not apply to:
20
21 1. Alcohol used exclusively for industrial purposes by the
21
22 holder of an industrial license;
22
23 2. Alcohol lawfully withdrawn and used free of tax under a tax-
23
24 free permit issued by the United States government;
24
Req. No. 2290 Page 4
1 3. Alcoholic beverages used exclusively by licensed physicians
1
2 and dentists in the bona fide practice of their professions or by
2
3 licensed pharmacists in compounding prescriptions;
3
4 4. Beer, cider and wine made for personal use pursuant to a
4
5 personal use permit issued as provided in Section 70 of this act;
5
6 5. Wine used exclusively for sacramental purposes in bona fide
6
7 religious ceremonies;
7
8 6. 5. Alcoholic beverages, not exceeding one (1) liter,
8
9 imported into this state by the possessor for his or her own
9
10 personal use;
10
11 7. 6. Alcoholic beverages provided to attendees, free of
11
12 charge, at charitable events licensed and approved by the ABLE
12
13 Alcoholic Beverage Laws Enforcement (ABLE) Commission; and
13
14 8. 7. Mixed beverage and public event licensees which utilize
14
15 the services of a licensed caterer.
15
16 B. As a condition precedent to the allowance of any exemption
16
17 authorized by subsection A of this section:
17
18 1. If a license or permit is required by the Oklahoma Alcoholic
18
19 Beverage Control Act, for such use, the person claiming any such
19
20 exemption must shall have obtained from the ABLE Commission the
20
21 license or permit authorizing such exempt use; and
21
22 2. There must be furnished such proof Proof of the exclusive
22
23 use for such exempt purposes shall be provided as required by the
23
24 Oklahoma Tax Commission may require.
24
Req. No. 2290 Page 5
1 SECTION 3. REPEALER 37A O.S. 2021, Section 2-140, is
1
2 hereby repealed.
2
3 SECTION 4. This act shall become effective November 1, 2026.
3
4
4
5 60-2-2290 CAD 12/8/2025 1:36:20 PM
5
6
6
7
7
8
8
9
9
10
10
11
11
12
12
13
13
14
14
15
15
16
16
17
17
18
18
19
19
20
20
21
21
22
22
23
23
24
24
Req. No. 2290 Page 6Every fact on this page links to its source, starting with the official bill record.