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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 1033 By: Leewright
AS INTRODUCED
An Act relating to medical marijuana; amending
Section 6, State Question No .788, Initiative Petition
No. 412, as last amended by Section 46, Chapter 161,
O.S.L. 2020 (63 O.S. Supp. 2020, Section 425), which
relates to retail marijuana establishments; providing
certain authorization; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY Section No. 6, State Question No.
788, Initiative Petition No. 412, as last amended by Section 46,
Chapter 161, O.S.L. 2020 (63 O.S. Supp. 2020, Section 425), is
amended to read as follows:
Section 425. A. No school or landlord may refuse to enroll or
lease to and may not otherwise penalize a person solely for his or
her status as a medical marijuana license holder, unless failing to
do so would cause the school or landlord the potential to lose a
monetary or licensing-related benefit under federal law or
regulations.
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B. Unless a failure to do so would cause an employer the
potential to lose a monetary or licensing -related benefit under
federal law or regulations, an 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 either:
1. The status of the person as a medical marijuana license
holder; or
2. Employers may take action against a holder of a medical
marijuana license if the holder 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 holder of a medic al
marijuana license solely based upon the status of an employ ee as a
medical marijuana license holder 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 authorized use of marijuana by a medical marijuana
license holder shall be considered 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 medical marijuana license holder may be denied custody of
or visitation or parenting time with a minor, and there is no
presumption of neglect or child endangerment for conduct allowed
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under this law, unle ss the behavior of the person creates an
unreasonable danger t o the safety of the minor.
E. No person holding a medical marijuana license may unduly be
withheld from holding a state -issued license by virtue of their
being a medical marijuana license holde r including, but not limited
to, a concealed carry permit.
F. 1. No city or local municipality may unduly change or
restrict zoning laws to prevent the opening of a retail marijuana
establishment.
2. For purposes of this subsection, an undue change or
restriction of municipal zoning laws means an act which entirel y
prevents retail marijuana establishments from operating within
municipal boundaries as a matter of law. 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.
3. For purposes of t his section, “retail marijuana
establishment” means an entity licensed by the State Department of
Health as a medical marijuana dispensary. Retail marijuana
establishment 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
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product containing marijuana or its by -products are cultivated,
grown, processed, stored or manufactured.
G. 1. The location of any retail marijuana establi shment is
specifically prohibited within one thousand (1,000) feet of any
public or private school entrance.
2. Notwithstanding the provisions of paragraph 1 of this
subsection, a property on which a retail marijuana establishment,
licensed in accordance with state law, was located prior to May 21,
2020, shall be authorized to be within one thousand (1,000 ) feet of
any public or private school entrance.
H. Research shall be provided for under this law. A researcher
may apply to the State Departm ent of Health for a special research
license. The license shall be gra nted, provided the applicant meets
the criteria listed under subsection B of Section 421 of this title.
Research license holders shall be required to file monthly
consumption reports t o the State Department of Health with amounts
of marijuana used for res earch. Biomedical and clinical research
which is subject to federal regulations and institutional oversight
shall not be subject to State Department of Health oversight.
SECTION 2. This act shall become effective November 1, 2021.
58-1-1108 BG 1/21/2021 10:31:14 PM