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HOUSE OF REPRESENTATIVES - FLOOR VERSION
STATE OF OKLAHOMA
1st Session of the 58th Legislature (2021)
ENGROSSED SENATE
BILL NO. 459 By: Paxton of the Senate
and
Burns of the House
An Act relating to workplace drug and alcohol
procedures; amending 40 O.S. 2011, Section 552, as
last amended by Section 24, Chapter 11, O.S.L. 2019
(40 O.S. Supp. 2020, Section 552), which relates to
definitions; modifying definition; including certain
volunteers; amending Section 2, Chapter 11, O.S.L.
2019, as last amended by Section 48, Chapter 161,
O.S.L. 2020 (63 O.S. Supp. 2020, Section 427. 2),
which relates to definitions; adding definitions;
including certain applicants, employees and
volunteers; amending Section 8, Chapter 11, O.S.L.
2019 (63 O.S. Supp. 2020, Section 427.8), which
relates to additional rights of medical marijuana
patients; modifying safety -sensitive positions;
updating statutory referenc es; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 40 O.S. 2011, Section 552, as last
amended by Section 24, Chapter 11, O.S.L. 2019 (40 O.S. Supp. 2020,
Section 552), is amended to read as follows:
Section 552. As used in the Standards for Workplace Drug and
Alcohol Testing Act:
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1. “Alcohol” means ethyl alcohol or ethanol;
2. “Applicant” means a person who has applied for a position
with an employer and received a conditional offer of employment or a
person who seeks to supply services or labor in a safety sensitive
position as defined in Section 427.8 of Title 63 of the Oklahoma
Statutes to an organization ;
3. “Board” means the State Board of Health;
4. “Confirmation test” means a drug or alcohol test on a sample
to substantiate the results of a prior drug or alcohol t est on the
same sample and which uses different chemical principles and is of
equal or greater accuracy than the prior drug or alcohol test.
Where a breathalyzer test is utilized, a confirmation test means a
second sample test that confirms the prior resu lt. Where a single-
use test is utilized, a confirmation test means a second test
confirmed by a testing facility. A breath or blood specimen may be
used for the confirmation test for alcohol. A urine, saliva or
blood specimen may be used for the confirm ation test for drugs;
5. “Department” means the State Department of Health;
6. “Drug” means amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), hallucinogens, methaqualone, opiates,
barbiturates, benzodiazepines, synthetic narcotics, designer drugs ,
or a metabolite of any of the substances listed herein;
7. “Drug or alcohol test ” means a chemical test administered
for the purpose of determining the presence or absence of a drug or
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its metabolites or alcohol in a person ’s bodily tissue, fluids or
products. Adulteration of a specimen or of a drug or alcohol test
shall be considered as a refusal to test;
8. “Employee” means any person who supplies labor for
remuneration to his or her employer in this state and shall not
include an independent contrac tor, subcontractor or, employees of an
independent contractor or volunteer; provided, however, an
independent contractor, subcontractor , or employees of an
independent contractor, may be subject to a workplace drug or
alcohol testing policy under the terms of the contractual agreement
when the drug or alcohol testing policy applies to other workers at
the job site or workers who are in the same or similar
classification or group , and a volunteer who supplies volunteer
services or labor in a safety -sensitive position as defined by
Section 427.8 of Title 63 of the Oklahoma Statutes to an
organization may be subject to a workplace drug and alcohol testing
policy under the terms of the organization ’s policy;
9. “Employer” means any person, firm, corporation, pa rtnership,
association, nonprofit organization or public employer, which has
one or more employees within this state, or which has offered or may
offer employment or volunteer opportunities in safety -sensitive
positions as defined by Section 427.8 of Title 63 of the Oklahoma
Statutes to one or more individuals in this state;
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10. “Public employer” means the State of Oklahoma or any
political subdivision thereof, including any department, agency,
board, commission, institution, authority, public trust,
municipality, county, district or instrumentalities thereof;
11. “Review officer” means a person, qualified by the State
Board of Health, who is responsible for receiving results from a
testing facility which have been generated by an employer ’s drug or
alcohol testing program, and who has knowledge and training to
interpret and evaluate an individual ’s test results together with
the individual’s medical history and any other relevant information;
12. “Sample” means tissue, fluid or product of the human body
chemically capable of revealing the presence of drugs or alcohol in
the human body; and
13. “Testing facility” means a facility which provides
laboratory services to test samples for the presence of drugs or
alcohol.
SECTION 2. AMENDATORY Section 2, Chapter 11, O.S.L.
2019, as last amended by Section 48, Chapter 161, O.S.L. 2020 (63
O.S. Supp. 2020, Section 427.2), is amended to read as follows:
Section 427.2. As used in this act the Oklahoma Medical
Marijuana and Patient Protection Act:
1. “Advertising” means the act of providing consideration for
the publication, dissemination, solicitation, or circulation, of
visual, oral, or written communication to induce directly or
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indirectly any person to patronize a particular medical marij uana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
2. “Applicant” means a person who has applied for a position
with an employer and rece ived a conditional offer of employment or a
person who seeks to supply services or labor in a safety -sensitive
position as defined in Section 427.8 of this title to an
organization;
3. “Authority” means the Oklahoma Medical Marijuana Authority;
3. 4. “Batch number” means a unique numeric or alphanumeric
identifier assigned prior to testing to allow for inventory tracking
and traceability;
4. 5. “Cannabinoid” means any of the chemical compounds that
are active principles of marijuana;
5. 6. “Caregiver” means a family member or assistant who
regularly looks after a medical marijuana license holder whom a
physician attests needs assistance;
6. 7. “Child-resistant” means special packaging that is:
a. designed or constructed to be significantly difficult
for children under five (5) years of age to open and
not difficult for normal adults to use properly as
defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R.
1700.20 (1995),
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b. opaque so that the outermost packaging does not allow
the product to be seen without o pening the packaging
material, and
c. resealable to maintain its child -resistant
effectiveness for multiple openings for any product
intended for more than a single use or containing
multiple servings;
7. 8. “Clone” means a nonflowering plant cut from a m other
plant that is capable of developing into a new plant and has shown
no signs of flowering;
8. 9. “Commissioner” means the State Commissioner of Health;
9. 10. “Complete application ” means a document prepared in
accordance with the provisions set for th in this act the Oklahoma
Medical Marijuana and Patient Protection Act , rules promulgated
pursuant thereto, and the forms and instructions provided by the
Department, including any supporting documentation required and the
applicable license application fee;
10. 11. “Department” means the State Department of Health;
11. 12. “Director” means the Executive Director of the Oklahoma
Medical Marijuana Authority;
12. 13. “Dispense” means the selling of medical marijuana or a
medical marijuana product to a qu alified patient or the designated
caregiver of the patient that is packaged in a suitable container
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appropriately labeled for subsequent administration to or use by a
qualifying patient;
13. 14. “Dispensary” means a medical marijuana dispensary, an
entity that has been licensed by the Department pursuant to this act
the Oklahoma Medical Marijuana and Patient Protection Act to
purchase medical marijuana or medical marijuana products from a
licensed medical marijuana commercial grower or medical marijuana
processor, sell medical marijuana or medical marijuana products to
patients and caregivers as defined under this act the Oklahoma
Medical Marijuana and Patient Protection Act , or sell or transfer
products to another dispensary;
14. 15. “Edible medical marij uana product” means any medical-
marijuana-infused product for which the intended use is oral
consumption including, but not limited to, any type of food, drink
or pill;
16. “Employee” means any person who supplies labor for
remuneration to his or her empl oyer in this state and shall not
include an independent contractor, subcontractor, employees of an
independent contractor or volunteer; provided, however, an
independent contractor, subcontractor or employees of an independent
contractor, may be subject to a workplace drug or alcohol testing
policy under the terms of the contractual agreement when the drug or
alcohol testing policy applies to other workers at the job site or
workers who are in the same or similar classification or group, and
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a volunteer who supplies volunteer services or labor in a safety -
sensitive position as defined by Section 427.8 of this title to an
organization may be subject to a workplace drug and alcohol testing
policy under the terms of the organization ’s policy;
15. 17. “Entity” means an individual, general partnership,
limited partnership, limited liability company, trust, estate,
association, corporation, cooperative , or any other legal or
commercial entity;
16. 18. “Flower” means the reproductive organs of the marijuana
or cannabis plant referred to as the bud or parts of the plant that
are harvested and used to consume in a variety of medical marijuana
products;
17. 19. “Flowering” means the reproductive state of the
marijuana or cannabis plant in which there are physical sig ns of
flower or budding out of the nodes of the stem;
18. 20. “Food-based medical marijuana concentrate ” means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of propylene
glycol, glycerin, butter, olive oil, coconut oil or other typical
food-safe cooking fats;
19. 21. “Good cause” for purposes of an initial, renewal or
reinstatement license application, or for purposes of discipline of
a licensee, means:
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a. the licensee or applicant has violated, does not meet,
or has failed to comply with any of the terms,
conditions or provisions of the act Oklahoma Medical
Marijuana and Patient Protection Act , any rules
promulgated pursuant thereto, or any supplemental
relevant state or local law, rule or regulation,
b. the licensee or applicant has failed to comply with
any special terms or conditions that were placed upon
the license pursuant to an order of the State
Department of Health, Oklahoma Medical Marijuana
Authority or the municipality, or
c. the licensed premises of a medical marijuana business
or applicant have been operated in a manner that
adversely affects the public health or welfare or the
safety of the immediate vicinity in which the
establishment is located;
20. 22. “Harvest batch” means a specifically identified
quantity of medical marijuana that is uniform in strain, cultivated
utilizing the same cultivation practices, harvested at the same time
from the same location and cured under uniform conditions;
21. 23. “Harvested marijuana” means post-flowering medical
marijuana not including trim, concentrate or waste;
22. 24. “Heat- or pressure-based medical marijuana concentrate ”
means a medical marijuana concentrate that was produced by
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extracting cannabinoids from medical marijuana th rough the use of
heat or pressure;
23. 25. “Immature plant” means a nonflowering marijuana plant
that has not demonstrated signs of flowering;
24. 26. “Inventory tracking system ” means the required tracking
system that accounts for medical marijuana from either the seed or
immature plant stage until the medical marijuana or medical
marijuana product is sold to a patient at a medical marijuana
dispensary, transferred to a medical marijuana research facility,
destroyed by a medical marijuana business or use d in a research
project by a medical marijuana research facility;
25. 27. “Licensed patient” or “patient” means a person who has
been issued a medical marijuana patient license by the State
Department of Health or Oklahoma Medical Marijuana Authority;
26. 28. “Licensed premises” means the premises specified in an
application for a medical marijuana business license, medical
marijuana research facility license or medical marijuana education
facility license pursuant to this act the Oklahoma Medical Marijuana
and Patient Protection Act that are owned or in possession of the
licensee and within which the licensee is authorized to cultivate,
manufacture, distribute, sell, store, transport, test or research
medical marijuana or medical marijuana products in acc ordance with
the provisions of this act the Oklahoma Medical Marijuana and
Patient Protection Act and rules promulgated pursuant thereto;
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27. 29. “Manufacture” means the production, propagation,
compounding or processing of a medical marijuana product, ex cluding
marijuana plants, either directly or indirectly by extraction from
substances of natural or synthetic origin, or independently by means
of chemical synthesis, or by a combination of extraction and
chemical synthesis;
28. 30. “Marijuana” shall have the same meaning as such term is
defined in Section 2 -101 of Title 63 of the Oklahoma Statutes this
title;
29. 31. “Material change” means any change that would require a
substantive revision to the standard operating procedures of a
licensee for the cul tivation or production of medical marijuana,
medical marijuana concentrate or medical marijuana products;
30. 32. “Mature plant” means a harvestable female marijuana
plant that is flowering;
31. 33. “Medical marijuana business (MMB) ” means a licensed
medical marijuana dispensary, medical marijuana processor, medical
marijuana commercial grower, medical marijuana laboratory, medical
marijuana business operator , or a medical marijuana transporter;
32. 34. “Medical marijuana concentrate ” or “concentrate” means
a specific subset of medical marijuana that was produced by
extracting cannabinoids from medical marijuana. Categories of
medical marijuana concentrate include water -based medical marijuana
concentrate, food-based medical marijuana concentrate, solven t-based
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medical marijuana concentrate, and heat - or pressure-based medical
marijuana concentrate;
33. 35. “Medical marijuana commercial grower ” or “commercial
grower” means an entity licensed to cultivate, prepare and package
medical marijuana and transfe r or contract for transfer medical
marijuana to a medical marijuana dispensary, medical marijuana
processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufacturer s. A commercial grower may sell seeds,
flower or clones to commercial growers pursuant to this act the
Oklahoma Medical Marijuana and Patient Protection Act ;
34. 36. “Medical marijuana education facility ” or “education
facility” means a person or entity approved pursuant to this act the
Oklahoma Medical Marijuana and Patient Protection Act to operate a
facility providing training and education to individuals involving
the cultivation, growing, harvesting, curing, preparing, packaging
or testing of medical marijuana, or the production, manufacture,
extraction, processing, packaging or creation of medical -marijuana-
infused products or medical marijuana products as described in this
act the Oklahoma Medical Marijuana and Patient Protection Act ;
35. 37. “Medical-marijuana-infused product” means a product
infused with medical marijuana including, but not limited to, edible
products, ointments and tinctures;
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36. 38. “Medical marijuana product ” or “product” means a
product that contains cannabinoids that have be en extracted from
plant material or the resin therefrom by physical or chemical means
and is intended for administration to a qualified patient including,
but not limited to, oils, tinctures, edibles, pills, topical forms,
gels, creams, vapors, patches, li quids, and forms administered by a
nebulizer, excluding live plant forms which are considered medical
marijuana;
37. 39. “Medical marijuana processor ” means a person or entity
licensed pursuant to this act to operate a business including the
production, manufacture, extraction, processing, packaging or
creation of concentrate, medical -marijuana-infused products or
medical marijuana products as described in this act the Oklahoma
Medical Marijuana and Patient Protection Act ;
38. 40. “Medical marijuana resea rch facility” or “research
facility” means a person or entity approved pursuant to this act the
Oklahoma Medical Marijuana and Patient Protection Act to conduct
medical marijuana research. A medical marijuana research facility
is not a medical marijuana b usiness;
39. 41. “Medical marijuana testing laboratory ” or “laboratory”
means a public or private laboratory licensed pursuant to this act
the Oklahoma Medical Marijuana and Patient Protection Act , to
conduct testing and research on medical marijuana and medical
marijuana products;
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40. 42. “Medical marijuana transporter ” or “transporter” means
a person or entity that is licensed pursuant to this act the
Oklahoma Medical Marijuana and Patient Protection Act . A medical
marijuana transporter does not includ e a medical marijuana business
that transports its own medical marijuana, medical marijuana
concentrate or medical marijuana products to a property or facility
adjacent to or connected to the licensed premises if the property is
another licensed premises o f the same medical marijuana business;
41. 43. “Medical marijuana waste ” or “waste” means unused,
surplus, returned or out -of-date marijuana, plant debris of the
plant of the genus Cannabis, including dead plants and all unused
plant parts and roots, exce pt the term shall not include roots,
stems, stalks and fan leaves;
42. 44. “Medical use” means the acquisition, possession, use,
delivery, transfer or transportation of medical marijuana, medical
marijuana products, medical marijuana devices or parapherna lia
relating to the administration of medical marijuana to treat a
licensed patient;
43. 45. “Mother plant” means a marijuana plant that is grown or
maintained for the purpose of generating clones, and that will not
be used to produce plant material for s ale to a medical marijuana
processor or medical marijuana dispensary;
44. 46. “Oklahoma physician” or “physician” means a physician
licensed by and in good standing with the State Board of Medical
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Licensure and Supervision, the State Board of Osteopathic Examiners
or the Board of Podiatric Medical Examiners;
45. 47. “Oklahoma resident” means an individual who can provide
proof of residency as required by this act the Oklahoma Medical
Marijuana and Patient Protection Act ;
46. 48. “Owner” means, except where the context otherwise
requires, a direct beneficial owner including, but not limited to,
all persons or entities as follows:
a. all shareholders owning an interest of a corporate
entity and all officers of a corporate entity,
b. all partners of a genera l partnership,
c. all general partners and all limited partners that own
an interest in a limited partnership,
d. all members that own an interest in a limited
liability company,
e. all beneficiaries that hold a beneficial interest in a
trust and all trustees of a trust,
f. all persons or entities that own interest in a joint
venture,
g. all persons or entities that own an interest in an
association,
h. the owners of any other type of legal entity, and
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i. any other person holding an interest or convertible
note in any entity which owns, operates or manages a
licensed facility;
47. 49. “Package” or “packaging” means any container or wrapper
that may be used by a medical marijuana business to enclose or
contain medical marijuana;
48. 50. “Person” means a natural person, partnership,
association, business trust, company, corporation, estate, limited
liability company, trust or any other legal entity or organization,
or a manager, agent, owner, director, servant, officer or employee
thereof, except that “person” does not include any governmental
organization;
49. 51. “Pesticide” means any substance or mixture of
substances intended for preventing, destroying, repelling or
mitigating any pest or any substance or mixture of substances
intended for use as a plant regulator, defoliant or desiccant,
except that the term “pesticide” shall not include any article that
is a “new animal drug” as designated by the United States Food and
Drug Administration;
50. 52. “Production batch” means:
a. any amount of medical marij uana concentrate of the
same category and produced using the same extraction
methods, standard operating procedures and an
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identical group of harvest batch of medical marijuana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingredients,
standard operating procedures and the same production
batch of medical marijuana concentrate;
51. 53. “Public institution” means any entity established or
controlled by the federal government, state government, or a local
government or municipality including, but not limited to,
institutions of higher education or related research institutions;
52. 54. “Public money” means any funds or money obtained by the
holder from any governmental entity including, but not limited to,
research grants;
53. 55. “Recommendation” means a document that is signed or
electronically submitted by a physician on behalf of a patient for
the use of medical marijuana pursuant to this act the Oklahoma
Medical Marijuana and Patient Protection Act ;
54. 56. “Registered to conduct business ” means a person that
has provided proof that the business applicant is in good standing
with the Oklahoma Secretary of State and Oklahoma Tax Commission;
55. 57. “Remediation” means the process by which the medical
marijuana flower or trim, which has failed microbial testing, is
processed into solvent -based medical marijuana concentrate and
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retested as required by this act the Oklahoma Medical Marijuana and
Patient Protection Act ;
56. 58. “Research project” means a discrete scientific endeavor
to answer a research question or a set of research questions related
to medical marijuana and is required for a medical marijuana
research license. A research project shall include a description of
a defined protocol, clearly arti culated goals, defined methods and
outputs, and a defined start and end date. The description shall
demonstrate that the research project will comply with all
requirements in this act the Oklahoma Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto. All research
and development conducted by a medical marijuana research facility
shall be conducted in furtherance of an approved research project;
57. 59. “Revocation” means the final decision by the Department
that any license issued pursuant to this act the Oklahoma Medical
Marijuana and Patient Protection Act is rescinded because the
individual or entity does not comply with the applicable
requirements set forth in this act the Oklahoma Medical Marijuana
and Patient Protectio n Act or rules promulgated pursuant thereto;
58. 60. “School” means a public or private preschool or a
public or private elementary or secondary school used for school
classes and instruction. A homeschool, daycare or child -care
facility shall not be con sidered a “school” as used in this act the
Oklahoma Medical Marijuana and Patient Protection Act ;
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59. 61. “Shipping container” means a hard-sided container with
a lid or other enclosure that can be secured in place. A shipping
container is used solely fo r the transport of medical marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana education facility;
60. 62. “Solvent-based medical marijuana concentrate” means a
medical marijuana concentrate that was produced by extracting
cannabinoids from medical marijuana through the use of a solvent
approved by the Department;
61. 63. “State Question” means Oklahoma State Question No. 788,
Initiative Petition No. 412, approved by a majority vote of the
citizens of Oklahoma on June 26, 2018;
62. 64. “Strain” means the classification of marijuana or
cannabis plants in either pure sativa, indica, afghanica, ruderalis
or hybrid varieties;
63. 65. “THC” means tetrahydrocannabinol, which is the primary
psychotropic cannabinoid in marijuana formed by decarboxylation of
naturally tetrahydrocannabinolic acid, which generally occurs by
exposure to heat;
64. 66. “Test batch” means with regard to usable marijua na, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, that is harvested during a seven -day
period from a specified cultivation area, and with regard to oils,
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vapors and waxes derived from usable marijuana, me ans an identified
quantity that is uniform, that is intended to meet specifications
for identity, strength and composition, and that is manufactured,
packaged and labeled during a specified time period according to a
single manufacturing, packaging and lab eling protocol;
65. 67. “Transporter agent” means a person who transports
medical marijuana or medical marijuana products for a licensed
transporter and holds a transporter agent license pursuant to this
act the Oklahoma Medical Marijuana and Patient Prot ection Act;
66. 68. “Universal symbol” means the image established by the
State Department of Health or Oklahoma Medical Marijuana Authority
and made available to licensees through its website indicating that
the medical marijuana or the medical marijuana product contains THC;
67. 69. “Usable marijuana” means the dried leaves, flowers,
oils, vapors, waxes and other portions of the marijuana plant and
any mixture or preparation thereof, excluding seed, roots, stems,
stalks and fan leaves; and
68. 70. “Water-based medical marijuana concentrate ” means a
concentrate that was produced by extracting cannabinoids from
medical marijuana through the use of only water, ice , or dry ice.
SECTION 3. AMENDATORY Section 8, Chapter 11, O.S.L. 2019
(63 O.S. Supp. 2020, Section 427.8), is amended to read as follows:
Section 427.8. A. The rights to possess the marijuana products
set forth in Section 420 of Title 63 of the Oklahoma Statutes this
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title are cumulative and a duly licensed individual may possess at
any one time the totality of the items listed therein and not be in
violation of this act the Oklahoma Medical Marijuana and Patient
Protection Act so long as the individual holds a valid patient
license or caregiver license.
B. Municipal and county governing bodies may not enact medical
marijuana guidelines which restrict or interfere with the rights of
a licensed patient or caregiver to possess, purchase, cultivate or
transport medical marijuana within the legal limits set forth in
this act the Oklahoma Medical Marijuana and Patient Protection Act
or Section 420 et seq. of Title 63 of the Oklahoma Statutes this
title or require patients or caregivers to obtain permits or
licenses in addition to the state -required licenses provided herein.
C. Nothing in this act the M Oklahoma edical Marijuana and
Patient Protection Act or Section 420 et seq. of Title 63 of the
Oklahoma Statutes this title shall prohibit a residential or
commercial property or business owner from prohibiting the
consumption of medical marijuana or medical marijuana product by
smoke or vaporization on the premises, within the structures of the
premises or within ten (10) feet of the entryway to the premises.
However, a medical marijuana patient shall not be denied the right
to consume or use other medical marijuana products which are
otherwise legal and do not involve the smoking or vaporization of
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cannabis when lawfully recommended pursuant to Section 420 of Title
63 of the Oklahoma Statutes.
D. A medical marijuana patient or c aregiver licensee shall not
be denied eligibility in public assistance programs including, but
not limited to, Medicaid, Supplemental Nutrition Assistance Program
(SNAP), Women, Infants, and Children Nutrition Program (WIC),
Temporary Assistance for Needy Families (TANF) or other such public
assistance programs based solely on his or her status as a medical
marijuana patient or caregiver licensee, unless required by federal
law.
E. A medical marijuana patient or caregiver licensee shall not
be denied the right to own, purchase or possess a firearm,
ammunition, or firearm accessories based solely on his or her status
as a medical marijuana patient or caregiver licensee. No state or
local agency, municipal or county governing authority shall
restrict, revoke, suspend or otherwise infringe upon the right of a
person to own, purchase or possess a firearm, ammunition, or firearm
accessories or any related firearms license or certification based
solely on their status as a medical marijuana patient or caregiver
licensee.
F. A medical marijuana patient or caregiver in actual
possession of a medical marijuana license shall not be subject to
arrest, prosecution or penalty in any manner or denied any right,
privilege or public assistance, under state law or municipal or
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county ordinance or resolution including without limitation a civil
penalty or disciplinary action by a business, occupational or
professional licensing board or bureau, for the medical use of
marijuana in accordance with this act the Oklahoma Medical Marijuana
and Patient Protection Act .
G. A government medical assistance program shall not be
required to reimburse a person for costs associated with the medical
use of marijuana unless federal law requires reimbursement.
H. Unless otherwise required by federal law or required to
obtain federal funding:
1. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applicant or employee solely on the basis of
such applicant’s or employee’s status as a medical marijuana
licensee; and
2. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applicant or employee solely on the basis of a
positive test for marijuana components or metabolites, unless:
a. the applicant or employee is not in possession of a
valid medical marijuana license,
b. the licensee possesses, consumes or is under the
influence of medical marijuana or medical marijuana
product while at the place of employment or during the
fulfillment of employment obligations, or
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c. the position is one involvin g safety-sensitive job
duties, as such term is defined in subsection K of
this section.
I. Nothing in this act the Oklahoma Medical Marijuana and
Patient Protection Act or Section 420 et seq. of Title 63 of the
Oklahoma Statutes this title shall:
1. Require an employer to permit or accommodate the use of
medical marijuana on the property or premises of any place of
employment or during hours of employment;
2. Require an employer, a government medical assistance
program, private health insurer, worker ’s compensation carrier or
self-insured employer providing worker ’s compensation benefits to
reimburse a person for costs associated with the use of medical
marijuana; or
3. Prevent an employer from having written policies regarding
drug testing and impairmen t in accordance with the Oklahoma
Standards for Workplace Drug and Alcohol Testing Act, Section 551 et
seq. of Title 40 of the Oklahoma Statutes.
J. Any applicant or employee aggrieved by a willful violation
of this section shall have, as his or her exclu sive remedy, the same
remedies as provided for in the Oklahoma Standards for Workplace
Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of
the Oklahoma Statutes.
K. As used in this section:
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1. “Safety-sensitive” means any job that includ es tasks or
duties that the employer reasonably believes could affect the safety
and health of the employee performing the task or others including,
but not limited to, any of the following:
a. the handling, packaging, processing, storage, disposal
or transport of hazardous materials,
b. the operation of a motor vehicle, other vehicle,
equipment, machinery or power tools,
c. repairing, maintaining or monitoring the performance
or operation of any equipment, machinery or
manufacturing process, the malfunctio n or disruption
of which could result in injury or property damage,
d. performing firefighting or law enforcement duties,
e. the operation, maintenance or oversight of critical
services and infrastructure including, but not limited
to, electric, gas, and w ater utilities, power
generation or distribution,
f. the extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of potentially volatile,
flammable, combustible materials, elements, chemicals
or any other highly regulated component,
g. dispensing pharmaceuticals,
h. carrying a firearm, or
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i. direct patient care, vulnerable or elderly adult care,
disabled or handicapped care or direct child care; and
2. A “positive test for marijuana components or m etabolites”
means a result that is at or above the cutoff concentration level
established by the United States Department of Transportation or
Oklahoma law regarding being under the influence, whichever is
lower.
L. All smokable, vaporized, vapable and e -cigarette medical
marijuana product inhaled through vaporization or smoked by a
medical marijuana licensee are subject to the same restrictions for
tobacco under Section 1 -1521 of Title 63 of the Oklahoma Statutes
this title, commonly referred to as the “Smoking in Public Places
and Indoor Workplaces Act ”.
SECTION 4. This act shall become effective November 1, 2021.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE, dated
04/07/2021 - DO PASS.