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SENATE FLOOR VERSION
February 18, 2021
SENATE BILL NO. 459 By: Paxton
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:
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 offe r of employment or a
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person who seeks to supply services or labor in a safety s ensitive
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 pri or drug or alcohol test on the
same sample and which uses different chemical principles and i s of
equal or greater accur acy than the prior drug or alcohol test.
Where a breathalyzer test is util ized, a confirmation test means a
second sample test that con firms the prior result. Where a single-
use test is utilized, a confirmation test means a sec ond 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 confirmation test for drugs;
5. “Department” means the State Department of Heal th;
6. “Drug” means amphetamines, cannabinoids, cocaine,
phencyclidine (PCP), h allucinogens, methaqua lone, opiates,
barbiturates, benzodiazepines, synthetic narco tics, 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 th e presence or absence of a drug or
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;
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8. “Employee” means any person who supplies l abor for
remuneration to his or her employer in this state and shall not
include an independe nt contractor, 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 test ing 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, corpo ration, partnership,
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;
10. “Public employer” means the State of Oklahoma or any
political subdivision thereof, including any d epartment, agency,
board, commission, institution, authority, pub lic trust,
municipality, county, district or instrumentalities thereof;
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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 relev ant 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 samp les 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 follow s:
Section 427.2. As used in this act:
1. “Advertising” means the act of providing consider ation for
the publication, dissemination, solicitation, or circulation, of
visual, oral, or written communication to induce directly or
indirectly any perso n to patronize a particular medical marijuana
business, or to purchase particular medical marijuana or a medical
marijuana product. Advertising includes marketing, but does not
include packaging and labeling;
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2. “Applicant” means a person who has applied for a position
with an employer and received a conditional offe r 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 Mar ijuana 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 significant ly 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),
b. opaque so that the outermost packaging does not allow
the product to be seen without opening the packaging
material, and
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c. resealable to maintai n 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 mother
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 s et forth in this act the Medical
Marijuana and Patient Protection Act, rules promulgated pursuant
thereto, and the forms and i nstructions 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 qualified patient or the designated
caregiver of the patient that is packaged in a suitable container
appropriately labeled for subseq uent 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
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the Medical Marijuana and Patient Protection Act to purchase medical
marijuana or medical marijuana prod ucts 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 Medical Marijuana and
Patient Protection Act , or sell or transfer products to another
dispensary;
14. 15. “Edible medical marijuana product” means any medical-
marijuana-infused product for which the intended use i s 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 he r employer in this state and shall not
include an independent contractor , subcontractor, employees of an
independent contractor or volunteer; provided, however, an
independent contractor, sub contractor or employees of an independent
contractor, may be s ubject to a workplace drug or alcohol testing
policy under the terms of the cont ractual 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 this title to an
organization may be subject to a work place drug and alcohol testing
policy under the terms of the organizat ion’s policy;
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15. 17. “Entity” means an individual, general partnership,
limited partnership, limited liability co mpany, 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 use d to consume in a variety of medical marijuana
products;
17. 19. “Flowering” means the reproductive s tate of the
marijuana or cannabis plant in which there are physical signs 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 purpose s of discipline of
a licensee, means:
a. the licensee or applicant has violated, does not me et,
or has failed to comply with any of the terms,
conditions or provisions of the act, any rules
promulgated pursuant thereto, or any supplemental
relevant state or local law, rule or regulation,
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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 be en operated in a manner that
adversely affects the public heal th or welfare or the
safety of the immediate vicinity in which the
establishment is located;
20. 22. “Harvest batch” means a specifically identifi ed
quantity of medical marijuana that is uniform in strain, cultivated
utilizing the same cultivation practic es, 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 co ncentrate”
means a medical marijuana concentrate that was produced by
extracting cannabinoids from med ical marijuana through the use of
heat or pressure;
23. 25. “Immature plant” means a nonflowering marijuana plant
that has not demonstrated signs of flow ering;
24. 26. “Inventory tracking system” means the required tracking
system that accounts for medic al marijuana from either the seed or
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immature plant stage until the medical marijuana or medical
marijuana product is sold to a patient at a medical marij uana
dispensary, transferred to a medical marijuana research facility,
destroyed by a medical marijuan a business or used 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 Marijua na Authority;
26. 28. “Licensed premises” means the premises specified in an
application for a medical marijuana busine ss license, medical
marijuana research facility license or medical marijuana education
facility license pursuant to this act that are ow ned or in
possession of the licensee and within whi ch the licensee is
authorized to cultivate, manufacture, distribute, sell, store,
transport, test or re search medical marijuana or medical marijuana
products in accordance with the provisions of this act a nd rules
promulgated pursuant thereto;
27. 29. “Manufacture” means the production, propagation,
compounding or processing o f a medical marijuana product, excluding
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;
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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 r equire a
substantive revision to the standard operating procedures of a
licensee for the cultivation or production of medical marijuana,
medical marijuana concentrate or medical marijuana pro ducts;
30. 32. “Mature plant” means a harvestable female marijuan a
plant that is flowering;
31. 33. “Medical marijuana business (MMB) ” means a licensed
medical marijuana dispensary, medical marijuana processor, medical
marijuana commercial grower, medica l marijuana laboratory, medical
marijuana business operator, or a m edical marijuana transporter;
32. 34. “Medical marijuana concentrate ” or “concentrate” means
a specific subset of medical marijuana that was produced by
extracting cannabinoids from medica l marijuana. Categories of
medical marijuana concentrate include wa ter-based medical marijuana
concentrate, food-based medical marijuana concentrate, sol vent-based
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 tran sfer or contract for transfer medical
marijuana to a medical marijuana dispensary, medical marijuana
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processor, any other medical marijuana commercial grower, medical
marijuana research facility, medical marijuana education facility
and pesticide manufactu rers. A commercial grower may sell seeds,
flower or clones to commercial growers pursuant to this act the
Medical Marijuana and Patient Protection Act ;
34. 36. “Medical marijuana education facility ” or “education
facility” means a person or entity approv ed pursuant to this act the
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 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;
36. 38. “Medical marijuana product ” or “product” means a
product that contains cannabinoids that have been 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, tinctur es, edibles, pills, topical forms,
gels, creams, vapors, patches, liquids, and forms adminis tered by a
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nebulizer, excluding live plant forms which are consid ered 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 Medical
Marijuana and Patient Protection Act ;
38. 40. “Medical marijuana res earch facility” or “research
facility” means a person or entity approved pursuant to this act the
Medical Marijuana and Patient Protectio n Act to conduct medical
marijuana research. A medical marijua na research facility is not a
medical marijuana business;
39. 41. “Medical marijuana testi ng laboratory” or “laboratory”
means a public or private laboratory licensed pursuant to this act
the Medical Marijuana and Patient Protection Act, to conduct testing
and research on medical marijuana and medical ma rijuana products;
40. 42. “Medical marijuana transporter” or “transporter” means
a person or entity that is lic ensed pursuant to this act the Medical
Marijuana and Patient Protection Act. A medical marijuana
transporter does not include a medical marijuana business that
transports its own medic al marijuana, medical marijuana concentrate
or medical marijuana products to a property or facility ad jacent to
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or connected to the licensed premises if the property is another
licensed premises of 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, except the term shall not include roots,
stems, stalks and fan l eaves;
42. 44. “Medical use” means the acquisition, possession, use,
delivery, transfer or transporta tion of medical marijuana, medical
marijuana products, medical marijuana devices or paraphernalia
relating to the administration of medical marijuana to t reat 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 sale to a medical marijuana
processor or medical marijuana di spensary;
44. 46. “Oklahoma physician” or “physician” means a physician
licensed by and in good stand ing with the State Board of Medical
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 Medical Marijuana and
Patient Protection Act;
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46. 48. “Owner” means, except where the context otherwise
requires, a direct beneficial owner includin g, 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 c orporate entity,
b. all partners of a general part nership,
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 joi nt
venture,
g. all persons or entities that own an interest in a n
association,
h. the owners of any ot her type of legal entity, and
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 wrapp er
that may be used by a medical mari juana business to enclose or
contain medical marijuana;
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48. 50. “Person” means a natural person, p artnership,
association, business trust, company, corpo ration, estate, limited
liability company, trust or any other lega l entity or organization,
or a manager, agent, owner, director, servant, office r or employee
thereof, except that “person” does not include any governmental
organization;
49. 51. “Pesticide” means any substance or mixture of
substances intended for prevent ing, destroying, repelling or
mitigating any pest or any substance or mixture o f substances
intended for use as a plant regulator, defolia nt 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 marijuana concentrate of th e
same category and produced using the same ext raction
methods, standard operating procedures and an
identical group of harvest batch of medical mari juana,
or
b. any amount of medical marijuana product of the same
exact type, produced using the same ingred ients,
standard operating procedures and the sa me production
batch of medical marijuana concentrate;
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51. 53. “Public institution” means any entity established or
controlled by the federal govern ment, state government, or a local
government or municipality inc luding, but not limited to,
institutions of higher education or related research institutions;
52. 54. “Public money” means any funds or money o btained by the
holder from any governmental ent ity including, but not limited to,
research grants;
53. 55. “Recommendation” means a document that is sign ed or
electronically submitted by a physician on behalf of a patient fo r
the use of medical marijuana pursuant to this act the Medical
Marijuana and Patient Protection Act ;
54. 56. “Registered to conduct business ” means a person that
has provided proof th at the business applicant is in good standing
with the Oklahoma Secretary of State and Oklahoma Tax Co mmission;
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
retested as required by this act the Medical Marijuana a nd Patient
Protection Act;
56. 58. “Research project” means a discrete scientific endeavor
to answer a research question or a set of research questions r elated
to medical marijuana and is required for a medical marijuana
research license. A research proj ect shall include a description of
a defined protocol, clearly articulated goals, defined methods and
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outputs, and a defined start and end date. The desc ription shall
demonstrate that the research project will comply with all
requirements in this act the Medical Marijuana and Patient
Protection Act and rules promulgated pursuant thereto. All research
and development cond ucted by a medical marijuana resear ch 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 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 Medical Marijuana and Patient Protection 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 considered a “school” as used in this act the
Medical Marijuana and Patient Protection Act ;
59. 61. “Shipping container” means a hard-sided container with
a lid or other enclosure that can be secured in place. A shipp ing
container is used solely for the transport of medi cal marijuana,
medical marijuana concentrate, or medical marijuana products between
medical marijuana businesses, a medical marijuana research facility,
or a medical marijuana education facility;
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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, approv ed 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 marijuana, a
homogenous, identified quantity of usable marijuana by strain, no
greater than ten (10) pounds, that is harvested dur ing a seven-day
period from a specified cultivation area, and with regard to oils,
vapors and waxes derived from usable marijuana, means 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 labeling protocol;
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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 Medical Marijuana and Patient Protection 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 ma rijuana 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 thro ugh 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 product s
set forth in Section 420 of Title 63 of the Oklahoma Statutes 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 Medical Marijuana and Patient Protect ion
Act so long as the individual holds a valid patient license or
caregiver license.
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B. Municipal and county governing bodies may not enact medic al
marijuana guidelines which restrict or interfere with the rights of
a licensed patient or caregiver to pos sess, purchase, cultivate or
transport medical marijuana within the legal limits set forth in
this act the Medical Marijuana and Patient Protection Act or Section
420 et seq. of Title 63 of the Ok lahoma Statutes 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 Medical Marijuana and Patient
Protection Act or Section 420 et seq. of Title 63 of the Oklahoma
Statutes 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 cannabis when lawfully
recommended pursuant to Section 420 of Title 63 of the Oklahoma
Statutes.
D. A medical marijuana patient or caregiver 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),
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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 fire arm,
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 th e 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 patien t or caregiver in actual
possession of a medical marijuana license shall not be subject to
arrest, prosecution or penalty in any manner or deni ed any right,
privilege or public assistance, under state law or municipal or
county ordinance or resolution incl uding 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 Medical Marijuana and
Patient Protection Act .
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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 re quires reimbursement.
H. Unless otherwise required by federal law or required to
obtain federal fundi ng:
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, d ischarge 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 possesse s, 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
c. the position is one involving safety -sensitive job
duties, as such term is d efined in subsection K of
this section.
I. Nothing in this act the Medical Marijuana and Patient
Protection Act or Section 420 et seq. of Title 63 of the Oklahoma
Statutes shall:
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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 providin g 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 re garding
drug testing and impairment 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 exclusive 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:
1. “Safety-sensitive” means any job that includes tasks or
duties that the employer reasonably belie ves 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, pro cessing, storage, disposal
or transport of hazardous materials,
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b. the operation of a m otor 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 malfunction or disruption
of which could result in injury or pr operty damage,
d. performing firefighting or law enforcement duties,
e. the operation, maintenance or oversight of critical
services and infrastructure including, but no t limited
to, electric, gas, and water utilities, power
generation or distribution,
f. the extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of potentially volatile,
flammable, combustible ma terials, elements, chemicals
or any other highly regulated component,
g. dispensing pharmaceuticals,
h. carrying a firearm, or
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 metabolites”
means a result that is at or above the cutoff concentrat ion level
established by the United States Department of Transportat ion or
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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 restr ictions 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, COMMERCE AND TOURISM
February 18, 2021 - DO PASS