An Act
ENROLLED SENATE
BILL NO. 1511 By: Rosino of the Senate
and
Pfeiffer, Townley, and
Grego of the House
An Act relating to medical marijuana; amendin g 63
O.S. 2021, Section 425 , as last amended by Section 5,
Chapter 553, O.S.L. 2021, which relates to
discrimination against medical marijuana license
holder; imposing certain restrictions on location of
medical marijuana commercial grower; providing method
of certain measurement; providing exceptions; and
declaring an emergency.
SUBJECT: Medical marijuana commercial grower requirements
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as last
amended by Section 5, Chapter 553, O.S.L. 2021, 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 patient licensee, unless failing
to do so would cause the school or landlord the pot ential to lose a
monetary or licensin g-related benefit under federal law or
regulations.
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 n ot discriminate against
a person in hiring, termination or imposing any term or condition of
ENR. S. B. NO. 1511 Page 2
employment or otherwise penalize a person based upon the status of
the person as a medical marijuana patient lic ensee. Employers may
take action against a medical marijuana patient licensee if the
licensee uses or possesses mariju ana while in his or her place of
employment or during the hours of employment. Employers may not
take action against a medical marijuana patient licensee solely
based upon the status of a n employee as a medical marijuana pat ient
licensee 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 aut horized use of marijuana by a medical marijuana
patient licensee 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 patient licensee m ay 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 medical marijuana pa tient
licensee creates an unreasonabl e danger to the safety of the m inor
child.
E. No person who possesses a medical marijuana patient license
may be unduly withheld from holding another state -issued license by
virtue of his or her status as a medical mar ijuana patient licensee
including, but not limited to, a concealed c arry permit.
F. 1. No city or local municipality may unduly change or
restrict zoning laws to prevent the opening of a medical marijuan a
dispensary.
2. For purposes of this subsection , an undue change or
restriction of municipal zoning laws means an act which entirely
prevents medical marijuana dispensaries from operating within
municipal boundaries as a matter of law. Municipalities ma y follow
their standard planning and zoning proce dures 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.
ENR. S. B. NO. 1511 Page 3
3. A medical marijuana dispensary does not include those other
entities licensed by the Oklahoma Medical Marijuana Authority as
marijuana-licensed premises, medical marijuana businesses or other
facilities or locations where marijuana or any product cont aining
marijuana or its by-products are cultivated, grown, processed,
stored or manufactured.
G. 1. The location of any medical marijuana dispensary is
specifically prohibited within one thousand (1,000) fe et of any
public school or private school. The distance indicated in this
subsection paragraph shall be measured from the nearest property
line of such public school or private school to the nearest
perimeter wall of the licensed premises of such medical marijuana
dispensary. If a medical marijuana d ispensary met the requirements
of this subsection paragraph at the time of its initial licensure,
the medical marijuana dispensary licensee shall be permitted to
continue operating at the licensed premises in the same manner and
not be subject to nonrenewa l or revocation due to subsequent events
or changes in regulations occur ring after licensure that would
render the medical marijuana dispensary in violation by being within
one thousand (1,000) feet of a publi c school or private school. If
any public school or private school is established withi n one
thousand (1,000) feet of any medical marijuana dispensary after such
medical marijuana dispensary has been licensed, the provisions of
this subsection paragraph shall not be a deterrent to the renewal of
such license or warrant revocation of the lice nse. For purposes of
this subsection paragraph, a property owned, used or operated by a
public school or by a private school that is not used for classroom
instruction on core curriculum, such as an administrative building,
athletic facility, ballpark, fi eld or stadium, shall not const itute
a public school or private school unless such property is loca ted on
the same campus as a building used for classroom instruction o n core
curriculum.
2. The location of any med ical marijuana commercial grower
shall not be within one thousand (1,000) feet of any public school
or private school as measured from the nearest property line of such
public school or private school to the ne arest property line of the
licensed premises of such medical marijuana commercial grower.
Additionally, the location of the medical marijuana commercial
grower shall not adjoin to any public school or private school or be
ENR. S. B. NO. 1511 Page 4
located at the same physical addr ess as the public school or private
school. If a medical marijuana commercial grower met the
requirements of this paragraph at the time of its initial licensure,
the medical marijuana commercial grower licensee shall be permitted
to continue operating at the licensed premises in the same manner
and not be subject to nonrenewal or revocation due to subsequent
events or changes in regulations occurring after licensure that
would render the medical marijuana commercial grower in violation of
this paragraph. If any public school or private school is
established within one thousand (1,000) feet o f any medical
marijuana commercial grower after such medical marijuana commercial
grower has been licensed, or if any public school or private school
is established adjoining to or at the same physic al address as any
medical marijuana commercial grower after such medical marijuana
commercial grower has been licensed, the provisions of this
paragraph shall not be a deterrent to the renewal of such license or
warrant revocation of the license. For purposes of this paragraph,
a property owned, used, or operated by a public school or by a
private school that is not used for classroom instruction on core
curriculum, such as an administrative building, athletic facility,
ballpark, field, or stadium, shall not constitute a public school or
private school unless such property is located on the s ame campus as
a building used for classroom instruction on core curriculum.
H. Research shall be provided for under this law. A researche r
may apply to the State Department of Heal th for a special research
license. The research license shall be granted, provided the
applicant meets the criteria listed in the Oklahoma Medical
Marijuana and Patient Protection Act. Research licensees shall be
required to file monthly consumption repo rts to the State Department
of Health with amounts of marijuana used fo r research. Biomedical
and clinical research which is subject to federal regulations and
institutional oversight shall not be subject to oversight by the
State Department of Health.
SECTION 2. It being immediat ely necessary for the pr eservation
of the public peace, health or safety , an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
ENR. S. B. NO. 1511 Page 5
Passed the Senate the 15th day of February, 2022.
Presiding Officer of the Senate
Passed the House of Representatives the 28th day of March, 2022.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at ___ ____ o'clock _______ M.
By: _______________________________ __