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SENATE FLOOR VERSION - SB1218 SFLR Page 1
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SENATE FLOOR VERSION
February 12, 2026
SENATE BILL NO. 1218 By: Kirt
An Act relating to alcoholic beverage license;
amending 37A O.S. 2021, Sections 3-101, as amended by
Section 498, Chapter 486, O.S.L. 2025, and 5-103 (37A
O.S. Supp. 2025, Section 3-101), which relate to
possession and making of alcoholic beverages and
exemptions from excise tax; removing certain
references to personal use permit; updating statutory
language; updating statutory references; repealing
37A O.S. 2021, Section 2-140, which relates to
personal use permit; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 37A O.S. 2021, Section 3-101, as
amended by Section 498, Chapter 486, O.S.L. 2025 (37A O.S. Supp.
2025, Section 3-101), is amended to read as follows:
Section 3-101. A. No person shall manufacture, rectify, sell,
possess, store, import into or export from this state, transport, or
deliver any alcoholic beverage except as specifically provided in
the Oklahoma Alcoholic Beverage Control Act. Provided, that nothing
herein Nothing in this section shall prevent the possession and
transportation of alcoholic beverages for the personal use of the
possessor and his or her family and guests, so long as the Oklahoma
excise tax has been paid thereon, except for beer. Provided,
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further, that nothing herein Nothing in this section shall prevent a
person from making beer, cider, or wine, by simple fermentation and
without distillation for personal use if the maker of such beverages
has first applied for and possesses a valid personal use permit
issued by the ABLE Commission and the total volume of beer, cider,
or wine produced in any given calendar year is less than two hundred
(200) gallons. No beverages made pursuant to a for personal use
permit shall be sold or offered for sale.
B. 1. Any duly licensed physician or dentist may possess and
use alcoholic beverages in the strict practice of the profession and
any hospital or other institution caring for sick or diseased
persons may possess and use alcoholic beverages for the treatment of
bona fide patients of such hospital or institution. Any drugstore
employing a licensed pharmacist may possess and use alcoholic
beverages in the preparation of prescriptions of duly licensed
physicians.
2. The possession, transportation, and dispensation of wine by
any authorized representative of any church for the conducting of a
bona fide rite or religious ceremony conducted by such church shall
not be prohibited by the Oklahoma Alcoholic Beverage Control Act;
nor shall such act prevent the sale, shipping, or delivery of
sacramental wine by any person holding a sacramental wine supplier
license issued pursuant to the Oklahoma Alcoholic Beverage Control
Act to any religious corporation or society of this state holding a
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valid exemption from taxation issued pursuant to Section 501(a) of
the Internal Revenue Code, 1954, and listed as an exempt
organization in Section 501(c)(3) of the Internal Revenue Code,
1954, of the United States, as amended.
3. Provided further, that nothing Nothing in the Oklahoma
Alcoholic Beverage Control Act shall prevent the possession,
transportation, and sale of alcoholic beverages within military
reservations and in accordance with the laws and rules governing
such military reservations, provided that the Oklahoma excise tax
has been paid on such beverages.
C. 1. Except as otherwise authorized by law, it is unlawful
for any brewer, manufacturer, wine and spirits wholesaler, beer
distributor, or retailer of alcoholic beverages, located and doing
business from outside this state, to make retail sales of alcoholic
beverages to purchasers located in this state or to ship alcoholic
beverages sold at retail to persons located in this state. Any
person who engages in the sale or shipping of alcoholic beverages in
violation of the provisions of this subsection, upon conviction,
shall be guilty of a Class D1 felony offense punishable by
imprisonment as provided for in subsections B through F of Section
20N of Title 21 of the Oklahoma Statutes, if the sale or delivery is
made to a person under twenty-one (21) years of age, or a
misdemeanor, if the sale or delivery is made to a person twenty-one
(21) years of age or older.
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2. The fine for a violation of this subsection shall be not
more than exceed Five Thousand Dollars ($5,000.00).
3. In addition, if the person holds a license issued by the
ABLE Alcoholic Beverage Laws Enforcement (ABLE) Commission, the
license shall be revoked pursuant to Section 60 2-148 of this act
title.
D. All brewers, importers, brokers, and others who sell beer or
cider to licensed beer distributors in Oklahoma this state or
manufacturers, importers, brokers, and others who sell cider to
licensed beer distributors in Oklahoma this state, regardless of
whether such sales are consummated within or without the state, must
shall obtain a license, as the case may be, in order to sell beer or
cider intended for consumption within the State of Oklahoma this
state.
SECTION 2. AMENDATORY 37A O.S. 2021, Section 5-103, is
amended to read as follows:
Section 5-103. A. The excise tax levied by Section 104 5-101
of this act title shall not apply to:
1. Alcohol used exclusively for industrial purposes by the
holder of an industrial license;
2. Alcohol lawfully withdrawn and used free of tax under a tax-
free permit issued by the United States government;
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3. Alcoholic beverages used exclusively by licensed physicians
and dentists in the bona fide practice of their professions or by
licensed pharmacists in compounding prescriptions;
4. Beer, cider and wine made for personal use pursuant to a
personal use permit issued as provided in Section 70 of this act;
5. Wine used exclusively for sacramental purposes in bona fide
religious ceremonies;
6. 5. Alcoholic beverages, not exceeding one (1) liter,
imported into this state by the possessor for his or her own
personal use;
7. 6. Alcoholic beverages provided to attendees, free of
charge, at charitable events licensed and approved by the ABLE
Alcoholic Beverage Laws Enforcement (ABLE) Commission; and
8. 7. Mixed beverage and public event licensees which utilize
the services of a licensed caterer.
B. As a condition precedent to the allowance of any exemption
authorized by subsection A of this section:
1. If a license or permit is required by the Oklahoma Alcoholic
Beverage Control Act, for such use, the person claiming any such
exemption must shall have obtained from the ABLE Commission the
license or permit authorizing such exempt use; and
2. There must be furnished such proof Proof of the exclusive
use for such exempt purposes shall be provided as required by the
Oklahoma Tax Commission may require.
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SECTION 3. REPEALER 37A O.S. 2021, Section 2-140, is
hereby repealed.
SECTION 4. This act shall become effective November 1, 2026.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND INSURANCE
February 12, 2026 - DO PASS