Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB1511 Compare Versions

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4		-	An Act
5		-	ENROLLED SENATE
	29	+	HOUSE OF REPRESENTATIVES - FLOOR VERSION
	30	+
	31	+	STATE OF OKLAHOMA
	32	+
	33	+	2nd Session of the 58th Legislature (202 2)
	34	+
	35	+	ENGROSSED SENATE
6	36		BILL NO. 1511 By: Rosino of the Senate
7	37
8	38		and
9	39
10		-	Pfeiffer, Townley, and
11		-	Grego of the House
	40	+	Pfeiffer of the House
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16	45		An Act relating to medical marijuana; amendin g 63
17	46		O.S. 2021, Section 425, as last amended by Section 5,
18	47		Chapter 553, O.S.L. 2021, which relates to
19	48		discrimination against medical marijuana license
20	49		holder; imposing certain restrictions on location of
21	50		medical marijuana commercial grower; providing method
22	51		of certain measurement; providing exceptions; and
23	52		declaring an emergency.
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28		-	SUBJECT: Medical marijuana commercial grower requirements
29		-
30	57		BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
31		-
32	58		SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as last
33	59		amended by Section 5, Chapter 553, O.S.L. 2021, is amended to read
34	60		as follows:
35		-
36	61		Section 425. A. No school or landlord may refuse to enroll or
37	62		lease to and may not otherwise penalize a person solely for his or
38	63		her status as a medical marijuana patient licensee, unless failing
39	64		to do so would cause the school or landlord the potential to lose a
40	65		monetary or licensin g-related benefit under federal law or
41	66		regulations.
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43	94		B. Unless a failure to do so would cause an employer the
44	95		potential to lose a monetary or licensing -related benefit under
45	96		federal law or regulation s, an employer may n ot discriminate against
46	97		a person in hiring, termination or imposing any term or condition of
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48		-	ENR. S. B. NO. 1511 Page 2
49	98		employment or otherwise penalize a person based upon the status of
50	99		the person as a medical marijuana patient lic ensee. Employers may
51	100		take action against a medical marijuana patient licensee if the
52	101		licensee uses or possesses mariju ana while in his or her place of
53	102		employment or during the hours of employment. Employers may not
54	103		take action against a medical marijuana patient licensee solely
55	104		based upon the status of a n employee as a medical marijuana pat ient
56	105		licensee or the results of a drug test showing positive for
57	106		marijuana or its components.
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59	107		C. For the purposes of medical care , including organ
60	108		transplants, the aut horized use of marijuana by a m edical marijuana
61	109		patient licensee shall be considered the equivalent of the use of
62	110		any other medication under the direction of a physician and does not
63	111		constitute the use of an illicit substance or otherwise disqualify a
64	112		registered qualifying patient from medical care.
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66	113		D. No medical marijuana patient licensee m ay be denied custody
67	114		of or visitation or parenting time with a minor child, and there is
68	115		no presumption of neglect or child endangerment for conduct allowed
69	116		under this law unless the behavior of the medical marijuana pa tient
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70	144		licensee creates an unreasonabl e danger to the safety of the m inor
71	145		child.
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73	146		E. No person who possesses a medical marijuana patient license
74	147		may be unduly withheld from holding another state -issued license by
75	148		virtue of his or her sta tus as a medical mar ijuana patient licensee
76	149		including, but not limited to, a concealed c arry permit.
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78	150		F. 1. No city or local municipality may unduly change or
79	151		restrict zoning laws to prevent the opening of a medical marijuan a
80	152		dispensary.
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82	153		2. For purposes of this subsection, an undue change or
83	154		restriction of municipal zoning laws means an act which entirely
84	155		prevents medical marijuana dispensaries from operating within
85	156		municipal boundaries as a matter of law. Municipalities ma y follow
86	157		their standard plannin g and zoning procedu res to determine if
87	158		certain zones or districts would be appropriate for locating
88	159		marijuana-licensed premises, medical marijuana businesses or any
89	160		other premises where marijuana or its by -products are cultivated,
90	161		grown, processed, stored or manufactured.
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92		-	ENR. S. B. NO. 1511 Page 3
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94	162		3. A medical marijuana dispensary does not include those other
95	163		entities licensed by the Oklahoma Medical Marijuana Authority as
96	164		marijuana-licensed premises, medical marijuana businesses or other
97	165		facilities or locations where marijuana or any product containing
98	166		marijuana or its by-products are cultivated, grown, processed,
99	167		stored or manufactured.
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101	195		G. 1. The location of any medical marijuana dispensary is
102	196		specifically prohibited within one thousand (1,000) fe et of any
103	197		public school or priv ate school. The dis tance indicated in this
104	198		subsection paragraph shall be measured from the nearest property
105	199		line of such public school or private school to the nearest
106	200		perimeter wall of the licensed premises of such medical marijuana
107	201		dispensary. If a med ical marijuana dispe nsary met the requirements
108	202		of this subsection paragraph at the time of its initial licensure,
109	203		the medical marijuana dispensary licensee shall be permitted to
110	204		continue operating at the licensed premises in the same manner and
111	205		not be subject to nonrenewal or revocation due to subsequent events
112	206		or changes in regulations occur ring after licensure that would
113	207		render the medical marijuana dispensary in violation by being within
114	208		one thousand (1,000) feet of a publi c school or private school. If
115	209		any public school or private school is established withi n one
116	210		thousand (1,000) feet of any medical marijuana dispensary after such
117	211		medical marijuana dispensary has been licensed, the provisions of
118	212		this subsection paragraph shall not be a deterrent to the renewal of
119	213		such license or warrant revocation of the lice nse. For purposes of
120	214		this subsection paragraph, a property owned, used or operated by a
121	215		public school or by a private school that is not used for classroom
122	216		instruction on core curriculum, such as an administrative building,
123	217		athletic facility, ballpark, fi eld or stadium, shall not const itute
124	218		a public school or private school unless such property is loca ted on
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125	246		the same campus as a building used for classroom instruction o n core
126	247		curriculum.
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128	248		2. The location of any medical marijuana commercial grower
129	249		shall not be within one thousand (1,000) feet of any public school
130	250		or private school as measured from the nearest property line of such
131	251		public school or private school to the ne arest property line of the
132	252		licensed premises of suc h medical marijuana commercial grower.
133	253		Additionally, the location of the medical marijuana commercial
134	254		grower shall not adjoin to any public school or private school or be
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136		-	ENR. S. B. NO. 1511 Page 4
137	255		located at the same physical addr ess as the public school or pri vate
138	256		school. If a medical marijuana commercial grower met the
139	257		requirements of this paragraph at the time of its initial licensure,
140	258		the medical marijuana commercial grower licensee shall be permitted
141	259		to continue operating at the licensed premises in the sa me manner
142	260		and not be subject to nonrenewal or revocation due to subsequent
143	261		events or changes in regulations occurring after licensure that
144	262		would render the medical marijuana commercial grower in violation of
145	263		this paragraph. If any public school or private school is
146	264		established within one thousand (1,000) feet o f any medical
147	265		marijuana commercial grower after such medical marijuana commercial
148	266		grower has been licensed, or if any public school or private school
149	267		is established adjoining to or at the same physic al address as any
150	268		medical marijuana commercial grower after such medical marijuana
151	269		commercial grower has been licensed, the provisions of this
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152	297		paragraph shall not be a deterrent to the renewal of such license or
153	298		warrant revocation of the license. For purp oses of this paragraph,
154	299		a property owned, used, or operated by a public school or by a
155	300		private school that is not used for classroom instruction on core
156	301		curriculum, such as an administrative building, athletic facility,
157	302		ballpark, field, or stadium, shall not constitute a publi c school or
158	303		private school unless such property is located on the s ame campus as
159	304		a building used for classroom instruction on core curriculum.
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161	305		H. Research shall be provided for under this law. A researche r
162	306		may apply to the State Depa rtment of Health for a special research
163	307		license. The research license shall be granted, provided the
164	308		applicant meets the criteria listed in the Oklahoma Medical
165	309		Marijuana and Patient Protection Act. Research licensees shall be
166	310		required to file monthly co nsumption reports to the State Department
167	311		of Health with amounts of marijuana used fo r research. Biomedical
168	312		and clinical research which is subject to federal regulations and
169	313		institutional oversight shall not be subject to oversight by the
170	314		State Department of Health.
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172	315		SECTION 2. It being immediat ely necessary for the pr eservation
173	316		of the public peace, health or safety , an emergency is hereby
174	317		declared to exist, by reason whereof this act shall take effect and
175	318		be in full force from and after it s passage and approva l.
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178		-	ENR. S. B. NO. 1511 Page 5
179		-	Passed the Senate the 15th day of February, 2022.
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181		-
182		-
183		-	Presiding Officer of the Senate
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186		-	Passed the House of Representatives the 28th day of March, 2022.
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190		-	Presiding Officer of the House
191		-	of Representatives
192		-
193		-	OFFICE OF THE GOVERNOR
194		-	Received by the Office of the Governor this _______ _____________
195		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
196		-	By: _______________________________ __
197		-	Approved by the Governor of the State of Oklahoma this _____ ____
198		-	day of _________________ __, 20_______, at _______ o'clock _______ M.
199		-
200		-	_________________________________
201		-	Governor of the State of Oklahoma
202		-
203		-
204		-	OFFICE OF THE SECRETARY OF STATE
205		-	Received by the Office of the Secretary of State this _______ ___
206		-	day of __________________, 20 _______, at ___ ____ o'clock _______ M.
207		-	By: _______________________________ __
	320	+	DIRECT TO CALENDAR.