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STATE OF OKLAHOMA
2nd Session of the 58th Legislature (2022)
HOUSE BILL 2987 By: Olsen
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 425, which relates to protections
for medical marijuana patient licen sees; authorizing
counties, cities and local municipalities to enact
certain ordinances or resolutions; providing
exceptions; directing the Oklahoma Medical Marijuana
Authority to cease issuing licenses under certain
circumstances; providing exceptions; an d providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 425 , is
amended to read as follows:
Section 425. A. No school or landlord may refuse to e nroll or
lease to and may not otherwise penalize a person solely for his or
her status as a licensed medical marijuana patient, unless failing
to do so would cause the school or land lord the potential to lose a
monetary or licensing -related benefit under f ederal law or
regulations.
B. 1. Unless a failure to do so would cause an employer the
potential to lose a monetary or licensing -related benefit under
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federal law or regulations, a n employer may not discriminate against
a person in hiring, termination or imposing any term or condition of
employment or otherwise penalize a person based upon the status of
the person as a licensed medical marijuana patient.
2. Employers may take actio n against a licensed medical
marijuana patient if the licensed medical mar ijuana patient uses or
possesses marijuana while in his or her place of employment or
during the hours of employment. Employers may not take action
against the licensed medical mari juana patient solely based upon the
status of an employee as a licensed me dical marijuana patient or the
results of a drug test showing positive for marijuana or its
components.
C. For the purposes of medical care, including organ
transplants, the authori zed use of marijuana by a licensed medical
marijuana patient shall be cons idered the equivalent of the use of
any other medication under the direction of a physician and does not
constitute the use of an illicit substance or otherwise disqualify a
registered qualifying patient from medical care.
D. No licensed medical marijuana patient may be denied custody
of or visitation or parenting time with a minor child, and there is
no presumption of neglect or child endangerment for conduct allowed
under this law, unless the behavior of the person creates an
unreasonable danger to the s afety of the minor child.
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E. No licensed medical marijuana patient may unduly be withheld
from holding a state -issued license by virtue of their being a
licensed medical marijuana p atient including, but not limited to, a
concealed carry permit.
F. 1. No Upon the effective date of this act, a county, city
or local municipality may unduly change or restrict zoning laws to
prevent the opening of a enact an ordinance or resolution
restricting the aggregate number of additional medical marijuana
dispensaries or medical marijuana grow facilities that may operate
within the county, city or local municipality ; provided, however,
the ordinance or resolution shall not entirely prevent or in any
manner prohibit the operation of medical marijuana dispensary
dispensaries or medical marijuana grow facilities within the county,
city or local municipality . Any ordinance or resolution enacted by
a county, city or local municipality pursuant to this paragraph
shall have no impact upon any medical marijuana dispensar y or
medical marijuana grow facilit y operating with a valid medical
marijuana business license issued by the Oklahoma Medical Marijuana
Authority prior to the effective date of this act .
2. If a county, city or local municipality declines to enact an
ordinance or resolution restricting the aggregate number of
additional medical marijuana dispensaries or medical marijuana grow
facilities within its geographic boundaries, the Authority shall
cease issuing medical marijuana dispensary and medical marijuana
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grow facility licenses and shall be restricted from issuing any
additional licenses except under the following conditions :
a. the Authority shall be au thorized to issue one
additional medical marijuana dispensary license and
one additional medical marijuana grow fa cility license
per county per calendar year, or
b. if the population of a county exceeds one hundred
thousand (100,000), as determined by the latest
Federal Decennial Census, the Aut hority shall be
authorized to issue two additional medical marijuana
dispensary licenses and two additional medical
marijuana grow facility licenses per county per
calendar year.
3. For purposes of this subsection, an undue change or
restriction of munici pal zoning laws means an act which entirely
prevents medical marijuana dis pensaries from operating within
municipal boundaries as a matter of law. Municipalities counties,
cities and local municipalities may follow their standard planning
and zoning procedures to determine if certain zones or districts
would be appropriate for locating marijuana-licensed premises,
medical marijuana businesses or any other premises where marijuana
or its by-products are cultivated, grown, processed, stored or
manufactured.
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3. 4. For purposes of this section, a medical marijuana
dispensary or medical marijuana grow facility does not include those
other entities licensed by the Department as marijuana -licensed
premises, medical marijuana businesses or other facilities or
locations where marijuana or any product containing marijuana or its
by-products are cultivated, grown, processed, stored or
manufactured.
G. Except as otherwise provided in this subsection, the
location of any retail medical marijuana dispensary is specifica lly
prohibited within one thousand (1,000) feet of any school entrance.
On and after the effective date of this act, for purposes of
calculating the 1,000 -foot setback distance, the measurement shall
be determined by calculating the distance in a straight line from
the school door nearest the front door of the retail medical
marijuana dispensary to the front door of the retail medical
marijuana dispensary.
1. On and after June 26, 2018, if any school is established
within one thousand (1,000) feet of any retail medical marijuana
dispensary after a license has been issued by the Authority for that
location, the setback distance between properties shall not apply as
long as the licensed property is used for its original licensed
purpose. The licensed locati on shall be grandfathered in as to the
setback distance as long as the pro perty is used in accordance with
the original licensed purpose.
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2. On and after June 26, 2018, the Authority, due to an error
in measurement of the setback distance or failure to me asure the
setback distance by the Authority prior to issuance of an origin al
license at a location, shall not:
a. deny any issuance or renewal of a license at that
location,
b. deny any transfer of license pursuant to a change in
ownership at that location , or
c. revoke any license due to an error in measurement or
failure to measure the setback distance, except as
otherwise provided by law.
The retail medical marijuana dispensary shall be grandfathered
in as to the setback distance, subject only to the mun icipal
compliance provisions of Section 426.1 of this title.
3. For purposes of this subsection:
a. "school" means the same as defined in Section 427.2 of
this title, and
b. "error in measurement " means a mistake made by the
Authority or a municipality in the setback measurement
process where either the distance between a retail
medical marijuana dispensary and a school is
miscalculated due to mathematical error or the method
used to measure the setback distance is inconsistent
with this section. The setb ack measurement process is
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allowed an error in measurement up to and inclu ding
five hundred (500) feet when remeasured after an
original license has been issued.
SECTION 2. This act shall become effective November 1, 2022.
58-2-8439 GRS 09/16/21