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STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
SENATE BILL 445 By: Paxton
AS INTRODUCED
An Act relating to medical marijuana; amendin g 21
O.S. 2011, Section 1247, as last ame nded by Section
1, Chapter 477, O.S.L. 2019 (21 O.S . Supp. 2020,
Section 1247), which relates to smoking in certain
public areas; designating certain property as smoke-
free; adding definition; amending Section 6, State
Question No. 788, Initiative Petition No. 412, as
last amended by Section 46, Chapter 16 1, O.S.L. 2020
(63 O.S. Supp. 2020, Section 425) , which relates to
discrimination against licensed medical marijuana
patients; specifying method of certain measurement ;
amending Section 6, Chapter 11, O.S.L. 2019, as
amended by Section 7, Chapter 477, O.S. L. 2019 (63
O.S. Supp. 2020, Section 427.6), which relates to
disciplinary actions; providing cumulative penal ties;
specifying type of fine; clarifying language ; and
providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLA HOMA:
SECTION 1. AMENDATORY 21 O.S. 201 1, Section 1247, as
last amended by Section 1, Chapter 477, O.S.L. 2019 (21 O.S. Supp.
2020, Section 1247), is amended to read as follo ws:
Section 1247. A. The possession of lighted tobacco in any form
is a public nuisance and dangerous to public health and is her eby
prohibited when such possession is in any indoor place used by or
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open to the public, all parts of a zoo to which the public m ay be
admitted, whether indoors or outdoors, public transportation, or any
indoor workplace, except where specifically allowed by law.
Commercial airport operators may prohibit the use of lighted tobacco
or lighted marijuana or the vaping of marijuana in any area that is
open to or used by the public whet her located indoors or outdoors,
provided that the outdoor area is within o ne hundred seventy-five
(175) feet from an entrance.
As used in this section, “indoor workplace” means any indoor
place of employment or employment-type service for or at the reques t
of another individual or individuals, or any public or private
entity, whether part-time or full-time and whether for compensation
or not. Such services shall include, without limitation, any
service performed by an owner, employee, independent contract or,
agent, partner, proprietor, manager, officer, director, apprentice,
trainee, associate, servant or volunteer. An indoor workplace
includes work areas, employee lounges, restrooms, conference rooms,
classrooms, employee cafeterias, hallways, any other spaces used or
visited by employees, and all space between a floor and ceil ing that
is predominantly or totally enclosed by walls or windows, regardless
of doors, doorways, open or closed windows, stairway s, or the like.
The provisions of this section sha ll apply to such indoor workplace
at any given time, whether or not work is being performed.
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B. All buildings and other properties, or portions thereof,
owned or operated by this state shall be designated as nonsmoking.
The tobacco smoking provisions of this subsection shall not apply to
veterans centers operated by this state pursuant to the provisions
of Section 221 et seq. of Title 72 of the Oklahoma Statutes, which
shall be designated nonsmoking effec tive January 1, 2015, at which
time veterans center s may establish outdoor designated smoking areas
for resident veterans only . Smoking tobacco shall only be allowed
in designated outdoor smoking areas.
C. All buildings and other properties, or portions thereof, Any
building, property or portion of any building or property owned or
operated by a county or municipal government , or any trust or
authority with a county or municipal government as the beneficia ry,
at the discretion of the county or municipal g overning body, may be
designated as entirely nonsmoking a smoke-free location. For the
purposes of this subsection, “smoke-free location” means a location
where the use of tobacco, nicotine, marijuana or other lawful
products consumed in a smoked or vapor ized manner are prohibited.
D. All educational fac ilities or portions thereof as defined in
the Smoking in Public Places and Indoor Workplaces Act and all
educational facilities as defined in the 24/7 Tobacco -free Schools
Act shall be designated as nonsmo king as provided for in Section 1 -
1523 of Title 63 of the Oklahoma Statutes. All campuses, buildings
and grounds, or portions thereof, owned or operated by an
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institution within The Oklahoma State System of Higher Education may
be designated as tobacco an d marijuana free, including smoking or
smokeless tobacco or smokable or vaporable marijuana, by the
institution upon adoption of a policy stating the restrictions for
the institution and an intent to enforce the penalty for violations
as set forth in subse ction M of this section.
E. No tobacco or marijuan a smoking or marijuana vaping shall be
allowed within twenty -five (25) feet of the entrance or exit of any
building specified in subsection B, C or D of this section.
F. The restrictions on tobacco smokin g provided in this section
shall not apply to stand -alone bars, stand-alone taverns and cigar
bars as defined in Section 1 -1522 of Title 63 of the Oklahoma
Statutes.
G. The restrictions on tobacco smoking provided in this section
shall not apply to the fo llowing:
1. The room or rooms where licensed chari table bingo games are
being operated, but only during the hours of operatio n of such
games;
2. Up to twenty-five percent (25%) of the guest rooms at a
hotel or other lodging establishment;
3. Retail tobacco stores predominantly engaged in the sale of
tobacco products and accessories and in which the sale of other
products is merely incidental and in which no food or beverage is
sold or served for consumption on the premises;
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4. Workplaces where only the owner or operator of the
workplace, or the immediat e family of the owner or operator,
performs any work in the workplace, and the workplace has only
incidental public access. “Incidental public access ” means that a
place of business has only an occasional person, who is not an
employee, present at the bus iness to transact business or make a
delivery. It does not include busines ses that depend on walk-in
customers for any part of their business;
5. Workplaces occupied exclusively by one or more tobacco
smokers, if the workplace has only incidental public access;
6. Private offices occupied exclusively by one or more smokers;
7. Workplaces within private residences, except that smoking
tobacco or marijuana or vaping marijuana shall not be allowed inside
any private residence that is used as a licensed chi ld care facility
during hours of operation;
8. Medical research or treatme nt centers, if tobacco smoking is
integral to the research or treatment. Furthermore, the
restrictions on smoking or vaping of ma rijuana provided in this
section shall not apply to medical research or treatment centers, if
marijuana smoking or vaping is i ntegral to the research or
treatment;
9. A facility operated by a post or organization of past or
present members of the Armed Fo rces of the United States which is
exempt from taxation pursuant to Section 501(c)(8), 501(c)(10) or
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501(c)(19) of the Interna l Revenue Code, 26 U.S.C., Section
501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized
exclusively by its members and their families and for the conduct of
post or organization nonprofit operations except during an event or
activity which is open to the public; and
10. Any outdoor seating area of a restaurant; provided, smoking
tobacco or smoking or vaping marijuana shall not be allowed within
fifteen (15) feet of an y exterior public doorway or any air intake
of a restaurant.
H. An employer not otherwise restricted from doing so may elect
to provide tobacco smoking rooms where no work is performed except
for cleaning and maintenance during the time the room is not in use
for tobacco smoking, provided each tobacco smoking room is fully
enclosed and exhausted directly to the outside in such a manner that
no tobacco smoke can drift or circulate into a nonsmoking area. N o
exhaust from a tobacco smoking room shall be loca ted within fifteen
(15) feet of any entrance, exit or air intake.
I. If tobacco smoking is to be permitted in any space exempted
in subsection F or G of this section or in a tobacco smoking room
pursuant to subsection H of this section, such tobacco smoki ng space
must either occupy the entire enclosed indoor space or, if it shar es
the enclosed space with any nonsmoking areas, the tobacco smoking
space shall be fully enclosed, exhausted directly to the outs ide
with no air from the tobacco smoking space circ ulated to any
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nonsmoking area, and under negative air pressure so that no t obacco
smoke can drift or circulate into a nonsmoking area when a door to
an adjacent nonsmoking area is opened. Air from a tobac co smoking
room shall not be exhausted within fifte en (15) feet of any
entrance, exit or air intake. Any employer may choose a more
restrictive tobacco smoking policy , including being totally tobacco
smoke free.
J. Notwithstanding any other provision of this section, until
March 1, 2006, restaurants may have designated tobacco smoking and
nonsmoking areas or may be designated a s being a totally nonsmoking
area. Beginning March 1, 2006, restaurants shall be totally
nonsmoking or may provide nonsmoking are as and designated tobacco
smoking rooms. Food and beverage may be served in such designated
tobacco smoking rooms which shall be in a location which is fully
enclosed, directly exhausted to the outside, under negative air
pressure so tobacco smoke cannot escape when a door is opened, and
no air is recirculated to nonsmoking areas of the building. No
exhaust from such room shall be located within twenty-five (25) feet
of any entrance, exit or air intake. Such room shall be subject to
verification for comp liance with the provisions of this subsection
by the State Department of Health.
K. The person who owns or operates a place w here tobacco
smoking or use is prohibited by law shall be responsible for posting
a sign or decal, at least four (4) inches by two (2) inches in size,
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at each entrance to the buildi ng indicating that the place is smoke -
free or tobacco-free.
L. Responsibility for posting signs or decals shall be as
follows:
1. In privately owned facilities, the owner or lessee, if a
lessee is in possession of the facilities, shall be responsible;
2. In corporately owned facilities, the manager and/or
supervisor of the fac ility involved shall be responsible; and
3. In publicly owned facilities, the manager and/or supervisor
of the facility shall be responsible.
M. Any person who knowingly violates the provisions of this
section shall be punished by a citation and fine of not more than
One Hundred Dollars ($100.00).
SECTION 2. AMENDATORY 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), is amended to
read as follows:
Section 425. A. No school or landlord may refus e to enroll or
lease to and may not otherwise penalize a p erson solely for his or
her status as a licensed medical marijuana license holder patient,
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. 1. 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 the status of the person as a licensed medical marijuana
license holder; or patient.
2. Employers may take action against a holder of a licensed
medical marijuana license patient if the holder licensed medical
marijuana 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 holder of a licensed medical
marijuana license patient solely based upon the status of an
employee as a licensed medical marijuana license holder patient or
the results of a drug test showing positive for marijuana or its
components.
C. For the purposes of medical ca re, including organ
transplants, the authorized use of mar ijuana by a licensed medical
marijuana license holder patient 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.
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D. No licensed medical marijuana license holder patient may be
denied custody of or visitation or parenting time with a minor
child, and there is no presum ption of neglect or child endangerment
for conduct allowed under this law, unless the behavior of the
person creates an unreasonable danger to the safety of the minor
child.
E. No person holding a licensed medical marijuana license
patient may unduly be withheld from holding a state -issued license
by virtue of their being a licensed medical marijuana license holder
patient including, but not limited to, a concealed carry permit.
F. 1. No city or local municipality may und uly change or
restrict zoning laws to prevent the opening of a retail marijuana
establishment medical marijuana dispensary .
2. For purposes of this subsection, an undu e change or
restriction of municipal zoning laws means an act which entirely
prevents retail marijuana establishments medical marijuana
dispensaries from operating within municipa l boundaries as a matter
of law. Municipalities ma y 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 pr emises where marijuana or its
by-products are cultivated, grown, processed, stored or
manufactured.
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3. For purposes of this section, “retail marijuana
establishment” means an entity licensed by the State Department of
Health as a medical marijuana dispens ary. Retail marijuana
establishment a medical marijuana dispensary does not include those
other entities licensed by the Department as mar ijuana-licensed
premises, medical marijuana businesses or o ther facilities or
locations where marijuana or any produc t containing marijuana or its
by-products are cultivated, grown, processed, stored or
manufactured.
G. The location of any retail marijuana establishment medical
marijuana dispensary is specifically prohibited within one thousand
(1,000) feet of any publi c or private school entrance . The distance
specified shall be measured from any entrance of the school to the
nearest property line point of the medical marijuana dispensary .
H. Research shall be provided for under this law. A researcher
may apply to the State Department of Health for a special research
license. The license shall be granted, provided the applicant meets
the criteria listed under subsection B of Section 421 of this title.
Research license holders licensees shall be required to file mont hly
consumption reports to the State D epartment of Health with amounts
of marijuana used for research. Biomedical and clinical research
which is subject to federal regulations and institutional ove rsight
shall not be subject to State Department of Health oversight.
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SECTION 3. AMENDATORY Section 6, Chapter 11, O.S.L.
2019, as amended by Section 7, Chapter 477, O.S.L. 2019 (63 O.S.
Supp. 2020, Section 427.6), is amended to read as follows:
Section 427.6. A. The State Department of Health shall address
issues related to the medical marijuana program in Oklahoma this
state including, but not limited to, monitoring and disciplinary
actions as they relate to the medical marijuana program.
B. 1. The Department or its designee may perf orm on-site
assessments of a licensee or applicant for any medical marijuana
business license issued pursuant to this act the Oklahoma Medical
Marijuana and Patient Protection Act to determine compliance with
this act or submissions made pursuant to this section. The
Department may enter the licensed prem ises of a medical marijuana
business licensee or applicant to assess or monitor compliance.
2. Inspections shall be limited to twice per calendar year and
twenty-four (24) hours of notice shall b e provided to a medical
marijuana business applicant or lice nsee prior to an on-site
assessment. However, additional inspections may occur when the
Department shows that an additional inspection is necessary due to a
violation of this act the Oklahoma Medical Mari juana and Patient
Protection Act. Such inspection may be without notice if the
Department believes that such notice will resul t in the destruction
of evidence.
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3. The Department may review relevant records of a licensed
medical marijuana business, licens ed medical marijuana research
facility or licensed medical marijuana education facility, and may
require and conduct interviews with such persons or entities and
persons affiliated with such entities, for the pu rpose of
determining compliance with Departme nt requirements and applicable
laws. However, prior to conducting any interviews with the medical
marijuana business, research facility or education facility, the
licensee shall be afforded sufficient time to s ecure legal
representation during such questi oning if requested by the business
or facility or any of its agents or employees or contractors.
4. The Department shall refer complaints alleging criminal
activity that are made against a licensee to appropria te Oklahoma
state or local law enforcement au thorities.
C. Disciplinary action may be taken a gainst an applicant or
licensee under this act the Oklahoma Medical Marijuana and Patient
Protection Act for not adhering to the law pur suant to the terms,
conditions and guidelines set forth in this act.
D. Disciplinary actions may include revocation, susp ension or
denial of an application, license or final aut horization and other
action deemed appropriate by the Department.
E. Disciplinary actions may be imposed upon a medical marijuana
business licensee for:
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1. Failure to comply with or satisfy any prov ision of this
section;
2. Falsification or misrepresent ation of any material or
information submitted to the Department;
3. Failing to allow or impeding a monitoring visit by
authorized representatives o f the Department;
4. Failure to adhere to any ackn owledgement, verification or
other representation made t o the Department;
5. Failure to submit or disclose information required by th is
section or otherwise requested by the Department;
6. Failure to correct any violation of this section cited as a
result of a review or audit of financial records or other mat erials;
7. Failure to comply with requested access by the Department to
the licensed premises or materials;
8. Failure to pay a required monetary p enalty;
9. Diversion of medical marijuana or any m edical marijuana
product, as determined by the Departmen t;
10. Threatening or harming a patient, a medical practitioner or
an employee of the Department; and
11. Any other basis indicating a violation of the applicable
laws and regulations as identified by the Department.
F. Disciplinary actions against a li censee may include the
imposition of monetary penalties, which may be assessed by the
Department.
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G. Penalties In addition to any othe r penalties provided by
law, penalties for sales by a medical mar ijuana business to persons
other than those allowed b y law occurring within any two -year time
period may include an ini tial administrative fine of One Thousand
Dollars ($1,000.00) for a first violation and a an administrative
fine of Five Thousand Dollars ($5,000.00) for any subsequent
violation. The medical marijuana busine ss may be subject to a
revocation of any license granted pursua nt to this act the Oklahoma
Medical Marijuana and Patient Protection Ac t upon a showing that the
violation was willful or grossly negligent.
H. 1. First In addition to any other penalties provided under
the Uniform Controlled Dan gerous Substance Act , a first offense for
intentional and impermissible diversion o f medical marijuana,
concentrate, or products by a patient or ca regiver to an
unauthorized person shall not be punished unde r a criminal statute
but may be subject to a an administrative fine of Two Hundred
Dollars ($200.00).
2. The In addition to any oth er penalties provided under the
Uniform Controlled Dangerous Sub stance Act, the second offense for
impermissible diversion of medical marijuana, concentrate, or
products by a patient or caregiv er to an unauthorized person shall
not be punished under a criminal statute but may be subject to a an
administrative fine of not to exceed Five Hu ndred Dollars ($500.00)
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and may result in revocation of the license upon a showing that the
violation was willful or grossly negligent.
I. The following persons or entitie s may request a hearing to
contest an action or proposed action of the Department:
1. A medical marijuana business, research facility or education
facility licensee whose license has been summ arily suspended or who
has received a notice of contemplated ac tion to suspend or revoke a
license or take other disciplinary a ction; and
2. A patient or caregiver licensee whose license has been
summarily suspended or who has received notice of contempla ted
action to suspend or revoke a license or take other discipl inary
action.
J. All hearings held pursuant to this section sha ll be in
accordance with the Oklahoma Administrative Procedures Act, Section
250 et seq. of Title 75 of the Oklahoma Statutes.
SECTION 4. This act shall become effective Novem ber 1, 2021.
58-1-963 DC 1/18/2021 5:20:35 PM