34 | 27 | | |
---|
35 | 28 | | ENGROSSED SENATE |
---|
36 | 29 | | BILL NO. 459 By: Paxton of the Senate |
---|
37 | 30 | | |
---|
38 | 31 | | and |
---|
39 | 32 | | |
---|
40 | 33 | | Burns of the House |
---|
41 | 34 | | |
---|
42 | 35 | | |
---|
43 | 36 | | |
---|
44 | 37 | | |
---|
45 | 38 | | An Act relating to workplace drug and alcohol |
---|
46 | 39 | | procedures; amending 40 O.S. 2011, Section 552, as |
---|
47 | 40 | | last amended by Section 24, Chapter 11, O.S.L. 2019 |
---|
48 | 41 | | (40 O.S. Supp. 2020, Section 552), which relates to |
---|
49 | 42 | | definitions; modifying definition ; including certain |
---|
50 | 43 | | volunteers; amending Section 2, Chapter 11, O.S.L. |
---|
51 | 44 | | 2019, as last amended by Section 48, Chapter 161, |
---|
52 | 45 | | O.S.L. 2020 (63 O.S. Supp. 2020, Section 427. 2), |
---|
53 | 46 | | which relates to definitions; adding definitions; |
---|
54 | 47 | | including certain applicants, employees and |
---|
55 | 48 | | volunteers; amending Section 8, Chapter 11, O.S.L. |
---|
56 | 49 | | 2019 (63 O.S. Supp. 2020, Section 427.8), which |
---|
57 | 50 | | relates to additional rights of medical marijuana |
---|
58 | 51 | | patients; modifying safety-sensitive positions; |
---|
59 | 52 | | updating statutory referenc es; and providing an |
---|
60 | 53 | | effective date. |
---|
61 | 54 | | |
---|
62 | 55 | | |
---|
63 | 56 | | |
---|
64 | 57 | | |
---|
65 | 58 | | BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
---|
66 | 59 | | SECTION 1. AMENDATORY 40 O.S. 2011, Section 552, as last |
---|
67 | 60 | | amended by Section 24, Chapter 11, O.S.L. 2019 (40 O.S. Supp. 2020, |
---|
68 | 61 | | Section 552), is amended to read as follows: |
---|
69 | 62 | | Section 552. As used in the Standards for Workplace Drug and |
---|
70 | 63 | | Alcohol Testing Act: |
---|
101 | 93 | | person who seeks to supply services or labor in a safety s ensitive |
---|
102 | 94 | | position as defined in Section 427.8 of Title 63 of the Oklahoma |
---|
103 | 95 | | Statutes to an organization; |
---|
104 | 96 | | 3. “Board” means the State Board of Health; |
---|
105 | 97 | | 4. “Confirmation test” means a drug or alcohol test on a sample |
---|
106 | 98 | | to substantiate the results of a pri or drug or alcohol test on the |
---|
107 | 99 | | same sample and which uses different chemical principles and i s of |
---|
108 | 100 | | equal or greater accuracy than the prior drug or alcohol test. |
---|
109 | 101 | | Where a breathalyzer test is util ized, a confirmation test means a |
---|
110 | 102 | | second sample test that con firms the prior result. Where a single- |
---|
111 | 103 | | use test is utilized, a confirmation test means a sec ond test |
---|
112 | 104 | | confirmed by a testing facility. A breath or blood specimen may be |
---|
113 | 105 | | used for the confirmation test for alcohol. A urine, saliva or |
---|
114 | 106 | | blood specimen may be used for the confirmation test for drugs; |
---|
115 | 107 | | 5. “Department” means the State Department of Heal th; |
---|
116 | 108 | | 6. “Drug” means amphetamines, cannabinoids, cocaine, |
---|
117 | 109 | | phencyclidine (PCP), h allucinogens, methaqua lone, opiates, |
---|
118 | 110 | | barbiturates, benzodiazepines, synthetic narco tics, designer drugs, |
---|
119 | 111 | | or a metabolite of any of the substances listed herein; |
---|
120 | 112 | | 7. “Drug or alcohol test” means a chemical test administered |
---|
121 | 113 | | for the purpose of determining th e presence or absence of a drug or |
---|
152 | 143 | | 8. “Employee” means any person who supplies l abor for |
---|
153 | 144 | | remuneration to his or her employer in this state and shall not |
---|
154 | 145 | | include an independe nt contractor, subcontractor or, employees of an |
---|
155 | 146 | | independent contractor or volunteer; provided, however, an |
---|
156 | 147 | | independent contractor, subcontractor , or employees of an |
---|
157 | 148 | | independent contractor, may be subject to a workplace drug or |
---|
158 | 149 | | alcohol testing policy under the terms of the contractual agreement |
---|
159 | 150 | | when the drug or alcohol test ing policy applies to other w orkers at |
---|
160 | 151 | | the job site or workers who are in the same or similar |
---|
161 | 152 | | classification or group, and a volunteer who supplies volunteer |
---|
162 | 153 | | services or labor in a safety-sensitive position as defined by |
---|
163 | 154 | | Section 427.8 of Title 63 of the Oklahoma Statutes to an |
---|
164 | 155 | | organization may be subject to a workplace drug and alcohol testing |
---|
165 | 156 | | policy under the terms of the organization’s policy; |
---|
166 | 157 | | 9. “Employer” means any person, firm, corpo ration, partnership, |
---|
167 | 158 | | association, nonprofit organization or public employer, which has |
---|
168 | 159 | | one or more employees within this state, or which has offered or may |
---|
169 | 160 | | offer employment or volunteer opportunities in safety-sensitive |
---|
170 | 161 | | positions as defined by Section 427. 8 of Title 63 of the Oklahoma |
---|
171 | 162 | | Statutes to one or more individuals in this state; |
---|
| 163 | + | 10. “Public employer” means the State of Oklahoma or any |
---|
| 164 | + | political subdivision thereof, including any d epartment, agency, |
---|
| 165 | + | board, commission, institution, authority, pub lic trust, |
---|
| 166 | + | municipality, county, district or instrumentalities thereof; |
---|
199 | | - | 10. “Public employer” means the State of Oklahoma or any |
---|
200 | | - | political subdivision thereof, including any department, agency, |
---|
201 | | - | board, commission, institution, authority, public trust, |
---|
202 | | - | municipality, county, district or instrumentalities thereof; |
---|
203 | 193 | | 11. “Review officer” means a person, qualified by the State |
---|
204 | 194 | | Board of Health, who is responsible for receiving results from a |
---|
205 | 195 | | testing facility which have been generated by an employer ’s drug or |
---|
206 | 196 | | alcohol testing program, and who has knowledge and training to |
---|
207 | 197 | | interpret and evaluate an individual’s test results together with |
---|
208 | 198 | | the individual’s medical history and any other relev ant information; |
---|
209 | 199 | | 12. “Sample” means tissue, fluid or product of the human body |
---|
210 | 200 | | chemically capable of revealing the presence of drugs or alcohol in |
---|
211 | 201 | | the human body; and |
---|
212 | 202 | | 13. “Testing facility” means a facility which provides |
---|
213 | 203 | | laboratory services to test samp les for the presence of drugs or |
---|
214 | 204 | | alcohol. |
---|
215 | 205 | | SECTION 2. AMENDATORY Section 2, Chapter 11, O.S.L. |
---|
216 | 206 | | 2019, as last amended by Section 48, Chapter 161, O.S.L. 2020 (63 |
---|
217 | 207 | | O.S. Supp. 2020, Section 427.2), is amended to read as follow s: |
---|
218 | 208 | | Section 427.2. As used in this act the Oklahoma Medical |
---|
219 | 209 | | Marijuana and Patient Protection Act : |
---|
220 | 210 | | 1. “Advertising” means the act of providing consider ation for |
---|
221 | 211 | | the publication, dissemination, solicitation, or circulation, of |
---|
222 | 212 | | visual, oral, or written communication to induce directly or |
---|
254 | 243 | | 2. “Applicant” means a person who has applied for a position |
---|
255 | 244 | | with an employer and received a conditional offe r of employment or a |
---|
256 | 245 | | person who seeks to supply services or labor in a safety-sensitive |
---|
257 | 246 | | position as defined in Section 427.8 of this title to an |
---|
258 | 247 | | organization; |
---|
259 | 248 | | 3. “Authority” means the Oklahoma Medical Mar ijuana Authority; |
---|
260 | 249 | | 3. 4. “Batch number” means a unique numeric or alphanumeric |
---|
261 | 250 | | identifier assigned prior to testing to allow for inventory tracking |
---|
262 | 251 | | and traceability; |
---|
263 | 252 | | 4. 5. “Cannabinoid” means any of the chemical compounds that |
---|
264 | 253 | | are active principles of marijuana ; |
---|
265 | 254 | | 5. 6. “Caregiver” means a family member or assistant who |
---|
266 | 255 | | regularly looks after a medical marijuana license holder whom a |
---|
267 | 256 | | physician attests needs assistance; |
---|
268 | 257 | | 6. 7. “Child-resistant” means special packaging that is: |
---|
269 | 258 | | a. designed or constructed to be significant ly difficult |
---|
270 | 259 | | for children under five (5) years of age to open and |
---|
271 | 260 | | not difficult for normal adults to use properly as |
---|
272 | 261 | | defined by 16 C.F.R. 1700.15 (1995) and 16 C.F.R. |
---|
273 | 262 | | 1700.20 (1995), |
---|
304 | 292 | | c. resealable to maintai n its child-resistant |
---|
305 | 293 | | effectiveness for multiple openings for any product |
---|
306 | 294 | | intended for more than a single use or containing |
---|
307 | 295 | | multiple servings; |
---|
308 | 296 | | 7. 8. “Clone” means a nonflowering plant cut from a mother |
---|
309 | 297 | | plant that is capable of developing into a new plant and has shown |
---|
310 | 298 | | no signs of flowering; |
---|
311 | 299 | | 8. 9. “Commissioner” means the State Commissioner of Health; |
---|
312 | 300 | | 9. 10. “Complete application ” means a document prepared in |
---|
313 | 301 | | accordance with the provisions s et forth in this act the Oklahoma |
---|
314 | 302 | | Medical Marijuana and Patient Protection Act, rules promulgated |
---|
315 | 303 | | pursuant thereto, and the forms and i nstructions provided by the |
---|
316 | 304 | | Department, including any supporting documentation required and the |
---|
317 | 305 | | applicable license application fee; |
---|
318 | 306 | | 10. 11. “Department” means the State Department of Health; |
---|
319 | 307 | | 11. 12. “Director” means the Executive Director of the Oklahoma |
---|
320 | 308 | | Medical Marijuana Authority; |
---|
321 | 309 | | 12. 13. “Dispense” means the selling of medical marijuana or a |
---|
322 | 310 | | medical marijuana product to a qualified patient or the designated |
---|
323 | 311 | | caregiver of the patient that is packaged in a suitable container |
---|
355 | 342 | | the Oklahoma Medical Marijuana and Patient Protection Act to |
---|
356 | 343 | | purchase medical marijuana or medical marijuana prod ucts from a |
---|
357 | 344 | | licensed medical marijuana commercial grower or medical marijuana |
---|
358 | 345 | | processor, sell medical marijuana or medical marijuana products to |
---|
359 | 346 | | patients and caregivers as defined under this act the Oklahoma |
---|
360 | 347 | | Medical Marijuana and Patient Protection Act , or sell or transfer |
---|
361 | 348 | | products to another dispensary; |
---|
362 | 349 | | 14. 15. “Edible medical marijuana product” means any medical- |
---|
363 | 350 | | marijuana-infused product for which the intended use i s oral |
---|
364 | 351 | | consumption including, but not limited to, any type of food, drink |
---|
365 | 352 | | or pill; |
---|
366 | 353 | | 16. “Employee” means any person who supplies labor for |
---|
367 | 354 | | remuneration to his or he r employer in this state and shall not |
---|
368 | 355 | | include an independent contractor , subcontractor, employees of an |
---|
369 | 356 | | independent contractor or volunteer; provided, however, an |
---|
370 | 357 | | independent contractor, sub contractor or employees of an independent |
---|
371 | 358 | | contractor, may be s ubject to a workplace drug or alcohol testing |
---|
372 | 359 | | policy under the terms of the cont ractual agreement when the drug or |
---|
373 | 360 | | alcohol testing policy applies to other workers at the job site or |
---|
374 | 361 | | workers who are in the same or similar cl assification or group, and |
---|
406 | 392 | | 15. 17. “Entity” means an individual, general partnership, |
---|
407 | 393 | | limited partnership, limited liability co mpany, trust, estate, |
---|
408 | 394 | | association, corporation, cooperative , or any other legal or |
---|
409 | 395 | | commercial entity; |
---|
410 | 396 | | 16. 18. “Flower” means the reproductive organs of the marijuana |
---|
411 | 397 | | or cannabis plant referred to as the bud or parts of the plant that |
---|
412 | 398 | | are harvested and use d to consume in a variety of medical marijuana |
---|
413 | 399 | | products; |
---|
414 | 400 | | 17. 19. “Flowering” means the reproductive s tate of the |
---|
415 | 401 | | marijuana or cannabis plant in which there are physical signs of |
---|
416 | 402 | | flower or budding out of the nodes of the stem; |
---|
417 | 403 | | 18. 20. “Food-based medical marijuana concentrate” means a |
---|
418 | 404 | | medical marijuana concentrate that was produced by extracting |
---|
419 | 405 | | cannabinoids from medical marijuana through the use of propylene |
---|
420 | 406 | | glycol, glycerin, butter, olive oil, coconut oil or other typical |
---|
421 | 407 | | food-safe cooking fats; |
---|
422 | 408 | | 19. 21. “Good cause” for purposes of an initial, renewal or |
---|
423 | 409 | | reinstatement license application, or for purpose s of discipline of |
---|
424 | 410 | | a licensee, means: |
---|
456 | 441 | | promulgated pursuant thereto, or any supplemental |
---|
457 | 442 | | relevant state or local law, rule or regulation, |
---|
458 | 443 | | b. the licensee or applicant has failed to comply with |
---|
459 | 444 | | any special terms or conditions that were placed upon |
---|
460 | 445 | | the license pursuant to an order of the State |
---|
461 | 446 | | Department of Health, Oklahoma Medical Marijuana |
---|
462 | 447 | | Authority or the municipality, or |
---|
463 | 448 | | c. the licensed premises of a medical marijuana business |
---|
464 | 449 | | or applicant have be en operated in a manner that |
---|
465 | 450 | | adversely affects the public heal th or welfare or the |
---|
466 | 451 | | safety of the immediate vicinity in which the |
---|
467 | 452 | | establishment is located; |
---|
468 | 453 | | 20. 22. “Harvest batch” means a specifically identifi ed |
---|
469 | 454 | | quantity of medical marijuana that is uniform in strain, cultivated |
---|
470 | 455 | | utilizing the same cultivation practic es, harvested at the same time |
---|
471 | 456 | | from the same location and cured under uniform conditions; |
---|
472 | 457 | | 21. 23. “Harvested marijuana” means post-flowering medical |
---|
473 | 458 | | marijuana not including trim, concentrate or waste; |
---|
474 | 459 | | 22. 24. “Heat- or pressure-based medical marijuana co ncentrate” |
---|
475 | 460 | | means a medical marijuana concentrate that was produced by |
---|
507 | 491 | | 24. 26. “Inventory tracking system” means the required tracking |
---|
508 | 492 | | system that accounts for medic al marijuana from either the seed or |
---|
509 | 493 | | immature plant stage until the medical marijuana or medical |
---|
510 | 494 | | marijuana product is sold to a patient at a medical marij uana |
---|
511 | 495 | | dispensary, transferred to a medical marijuana research facility, |
---|
512 | 496 | | destroyed by a medical marijuan a business or used in a research |
---|
513 | 497 | | project by a medical marijuana research facility; |
---|
514 | 498 | | 25. 27. “Licensed patient” or “patient” means a person who has |
---|
515 | 499 | | been issued a medical marijuana patient license by the State |
---|
516 | 500 | | Department of Health or Oklahoma Medical Marijua na Authority; |
---|
517 | 501 | | 26. 28. “Licensed premises” means the premises specified in an |
---|
518 | 502 | | application for a medical m arijuana business license, medical |
---|
519 | 503 | | marijuana research facility license or medical marijuana education |
---|
520 | 504 | | facility license pursuant to this act the Oklahoma Medical Marijuana |
---|
521 | 505 | | and Patient Protection Act that are owned or in possession of the |
---|
522 | 506 | | licensee and within which the licensee is authorized to cultivate, |
---|
523 | 507 | | manufacture, distribute, sell, store, transport, test or re search |
---|
524 | 508 | | medical marijuana or medical marijuana products in accordance with |
---|
525 | 509 | | the provisions of this act the Oklahoma Medical Marijuana and |
---|
526 | 510 | | Patient Protection Act and rules promulgated pursuant thereto; |
---|
558 | 541 | | of chemical synthesis, or by a combination of extraction and |
---|
559 | 542 | | chemical synthesis; |
---|
560 | 543 | | 28. 30. “Marijuana” shall have the same meaning as such term is |
---|
561 | 544 | | defined in Section 2 -101 of Title 63 of the Oklahoma S tatutes this |
---|
562 | 545 | | title; |
---|
563 | 546 | | 29. 31. “Material change” means any change that would r equire a |
---|
564 | 547 | | substantive revision to the standard operating procedures of a |
---|
565 | 548 | | licensee for the cultivation or production of medical marijuana, |
---|
566 | 549 | | medical marijuana concentrate or medical ma rijuana products; |
---|
567 | 550 | | 30. 32. “Mature plant” means a harvestable female marijuan a |
---|
568 | 551 | | plant that is flowering; |
---|
569 | 552 | | 31. 33. “Medical marijuana business (MMB) ” means a licensed |
---|
570 | 553 | | medical marijuana dispensary, medical marijuana processor, medical |
---|
571 | 554 | | marijuana commercial gro wer, medical marijuana laboratory, me dical |
---|
572 | 555 | | marijuana business operator , or a medical marijuana transporter; |
---|
573 | 556 | | 32. 34. “Medical marijuana concentrate ” or “concentrate” means |
---|
574 | 557 | | a specific subset of medical marijuana that was produced by |
---|
575 | 558 | | extracting cannabinoids from medical marijuana. Categories of |
---|
576 | 559 | | medical marijuana concentrate include wa ter-based medical marijuana |
---|
577 | 560 | | concentrate, food-based medical marijuana concentrate, sol vent-based |
---|
609 | 591 | | medical marijuana and tran sfer or contract for transfer medical |
---|
610 | 592 | | marijuana to a medical marijuana dispensary, medical marijuana |
---|
611 | 593 | | processor, any other medical marijuana commercial grower, medical |
---|
612 | 594 | | marijuana research facility, medical marijuana education facility |
---|
613 | 595 | | and pesticide manufactu rers. A commercial grower may sell seeds, |
---|
614 | 596 | | flower or clones to commercial growers pursuant to this act the |
---|
615 | 597 | | Oklahoma Medical Marijuana and P atient Protection Act ; |
---|
616 | 598 | | 34. 36. “Medical marijuana education facility ” or “education |
---|
617 | 599 | | facility” means a person or entity approv ed pursuant to this act the |
---|
618 | 600 | | Oklahoma Medical Marijuana and Patient Protection Act to operate a |
---|
619 | 601 | | facility providing training and education to individuals involving |
---|
620 | 602 | | the cultivation, growing, harvesting, curing, preparing, packaging |
---|
621 | 603 | | or testing of medical marijuana, or the production, manufacture, |
---|
622 | 604 | | extraction, processing, packaging or creatio n of medical-marijuana- |
---|
623 | 605 | | infused products or medical marijua na products as described in this |
---|
624 | 606 | | act the Oklahoma Medical Marijuana and Patient Protection Act ; |
---|
625 | 607 | | 35. 37. “Medical-marijuana-infused product” means a product |
---|
626 | 608 | | infused with medical marijuana including, but not limited to, edible |
---|
627 | 609 | | products, ointments and tinctures; |
---|
| 610 | + | 36. 38. “Medical marijuana product ” or “product” means a |
---|
| 611 | + | product that contains cannabinoids that have been extracted from |
---|
| 612 | + | plant material or the resin therefrom by physical or chemical means |
---|
| 613 | + | and is intended for administration to a qualified patient including, |
---|
| 614 | + | but not limited to, oils, tinctur es, edibles, pills, topical forms, |
---|
655 | | - | 36. 38. “Medical marijuana product ” or “product” means a |
---|
656 | | - | product that contains cannabinoids that have be en extracted from |
---|
657 | | - | plant material or the resin therefrom by physical or chemical means |
---|
658 | | - | and is intended for administration to a qualified patient including, |
---|
659 | | - | but not limited to, oils, tinctures, edibles, pills, topical forms, |
---|
660 | 641 | | gels, creams, vapors, patches, liquids , and forms administered by a |
---|
661 | 642 | | nebulizer, excluding live plant forms which are consi dered medical |
---|
662 | 643 | | marijuana; |
---|
663 | 644 | | 37. 39. “Medical marijuana processor ” means a person or entity |
---|
664 | 645 | | licensed pursuant to this act to operate a business including the |
---|
665 | 646 | | production, manufacture, extraction, processing, packaging or |
---|
666 | 647 | | creation of concentrate, medical -marijuana-infused products or |
---|
667 | 648 | | medical marijuana products as described in this act the Oklahoma |
---|
668 | 649 | | Medical Marijuana and Patient Protection Act ; |
---|
669 | 650 | | 38. 40. “Medical marijuana res earch facility” or “research |
---|
670 | 651 | | facility” means a person or entity approved pursuant to this act the |
---|
671 | 652 | | Oklahoma Medical Marijuana and Patient Protectio n Act to conduct |
---|
672 | 653 | | medical marijuana research. A medical marijua na research facility |
---|
673 | 654 | | is not a medical marijuana business; |
---|
674 | 655 | | 39. 41. “Medical marijuana testi ng laboratory” or “laboratory” |
---|
675 | 656 | | means a public or private laboratory licensed pursuant to this act |
---|
676 | 657 | | the Oklahoma Medical Marijuana and Patient Prot ection Act, to |
---|
677 | 658 | | conduct testing and research on medical marijuana and medical |
---|
678 | 659 | | marijuana products; |
---|
711 | 691 | | concentrate or medical marijuana products to a property or facility |
---|
712 | 692 | | adjacent to or connected to the licensed premises if the property is |
---|
713 | 693 | | another licensed premises of the same medical marijuana business; |
---|
714 | 694 | | 41. 43. “Medical marijuana waste” or “waste” means unused, |
---|
715 | 695 | | surplus, returned or out-of-date marijuana, plant debris of the |
---|
716 | 696 | | plant of the genus Ca nnabis, including dead plants and all unused |
---|
717 | 697 | | plant parts and roots, except the term shall not include roots, |
---|
718 | 698 | | stems, stalks and fan l eaves; |
---|
719 | 699 | | 42. 44. “Medical use” means the acquisition, possession, use, |
---|
720 | 700 | | delivery, transfer or transporta tion of medical marijuana, medical |
---|
721 | 701 | | marijuana products, medical marijuana devices or paraphernalia |
---|
722 | 702 | | relating to the administration of medical marijuana to t reat a |
---|
723 | 703 | | licensed patient; |
---|
724 | 704 | | 43. 45. “Mother plant” means a marijuana plant that is grown or |
---|
725 | 705 | | maintained for the purpose of generating c lones, and that will not |
---|
726 | 706 | | be used to produce plant material for sale to a medical marijuana |
---|
727 | 707 | | processor or medical marijuana di spensary; |
---|
728 | 708 | | 44. 46. “Oklahoma physician” or “physician” means a physician |
---|
729 | 709 | | licensed by and in good stand ing with the State Board of Medica l |
---|
762 | 741 | | 46. 48. “Owner” means, except where the context otherwise |
---|
763 | 742 | | requires, a direct beneficial owner includin g, but not limited to, |
---|
764 | 743 | | all persons or entities as follows: |
---|
765 | 744 | | a. all shareholders owning an interest of a corporate |
---|
766 | 745 | | entity and all officers of a c orporate entity, |
---|
767 | 746 | | b. all partners of a general part nership, |
---|
768 | 747 | | c. all general partners and all limited partners that own |
---|
769 | 748 | | an interest in a limited partnership, |
---|
770 | 749 | | d. all members that own an interest in a limited |
---|
771 | 750 | | liability company, |
---|
772 | 751 | | e. all beneficiaries that hold a beneficial interest in a |
---|
773 | 752 | | trust and all trustees of a trust, |
---|
774 | 753 | | f. all persons or entities that own interest in a joi nt |
---|
775 | 754 | | venture, |
---|
776 | 755 | | g. all persons or entities that own an interest in a n |
---|
777 | 756 | | association, |
---|
778 | 757 | | h. the owners of any ot her type of legal entity, and |
---|
812 | 790 | | 48. 50. “Person” means a natural person, p artnership, |
---|
813 | 791 | | association, business trust, company, corpo ration, estate, limited |
---|
814 | 792 | | liability company, trust or any other lega l entity or organization, |
---|
815 | 793 | | or a manager, agent, owner, director, servant, office r or employee |
---|
816 | 794 | | thereof, except that “person” does not include any governmental |
---|
817 | 795 | | organization; |
---|
818 | 796 | | 49. 51. “Pesticide” means any substance or mixture of |
---|
819 | 797 | | substances intended for prevent ing, destroying, repelling or |
---|
820 | 798 | | mitigating any pest or any substance or mixture o f substances |
---|
821 | 799 | | intended for use as a plant regulator, defolia nt or desiccant, |
---|
822 | 800 | | except that the term “pesticide” shall not include any article that |
---|
823 | 801 | | is a “new animal drug” as designated by the United States Food and |
---|
824 | 802 | | Drug Administration; |
---|
825 | 803 | | 50. 52. “Production batch” means: |
---|
826 | 804 | | a. any amount of medical marijuana concentrate of th e |
---|
827 | 805 | | same category and produced using the same ext raction |
---|
828 | 806 | | methods, standard operating procedures and an |
---|
862 | 839 | | 51. 53. “Public institution” means any entity established or |
---|
863 | 840 | | controlled by the federal govern ment, state government, or a local |
---|
864 | 841 | | government or municipality inc luding, but not limited to, |
---|
865 | 842 | | institutions of higher education or related research institutions; |
---|
866 | 843 | | 52. 54. “Public money” means any funds or money o btained by the |
---|
867 | 844 | | holder from any governmental ent ity including, but not limited to, |
---|
868 | 845 | | research grants; |
---|
869 | 846 | | 53. 55. “Recommendation” means a document that is sign ed or |
---|
870 | 847 | | electronically submitted by a physician on behalf of a patient fo r |
---|
871 | 848 | | the use of medical marijuana pursuant to this act the Oklahoma |
---|
872 | 849 | | Medical Marijuana and P atient Protection Act ; |
---|
873 | 850 | | 54. 56. “Registered to conduct business ” means a person that |
---|
874 | 851 | | has provided proof th at the business applicant is in good standing |
---|
875 | 852 | | with the Oklahoma Secretary of State and Oklahoma Tax Co mmission; |
---|
876 | 853 | | 55. 57. “Remediation” means the process by which the medical |
---|
877 | 854 | | marijuana flower or trim, which has failed microbial testing, is |
---|
878 | 855 | | processed into solvent-based medical marijuana concentrate and |
---|
913 | 889 | | outputs, and a defined start and end date. The desc ription shall |
---|
914 | 890 | | demonstrate that the research project will comply with all |
---|
915 | 891 | | requirements in this act the Oklahoma Medical Marijuana and Patient |
---|
916 | 892 | | Protection Act and rules promulgated pursuant thereto. All research |
---|
917 | 893 | | and development cond ucted by a medical marijuan a research facility |
---|
918 | 894 | | shall be conducted in furtherance of an approved research project; |
---|
919 | 895 | | 57. 59. “Revocation” means the final decision by the Department |
---|
920 | 896 | | that any license issued pursuant to this act the Oklahoma Medical |
---|
921 | 897 | | Marijuana and Patient Protection Act is rescinded because the |
---|
922 | 898 | | individual or entity does not comply with the applicable |
---|
923 | 899 | | requirements set forth in this act the Oklahoma Medical Marijuana |
---|
924 | 900 | | and Patient Protection Act or rules promulgated pursuant thereto; |
---|
925 | 901 | | 58. 60. “School” means a public or private preschool or a |
---|
926 | 902 | | public or private elementary or secondary school used for school |
---|
927 | 903 | | classes and instruction. A homeschool, daycare or child-care |
---|
928 | 904 | | facility shall not be considered a “school” as used in this act the |
---|
929 | 905 | | Oklahoma Medical Marijuana and Patient Protec tion Act; |
---|
963 | 938 | | 60. 62. “Solvent-based medical marijuana concentrate ” means a |
---|
964 | 939 | | medical marijuana concentrate that was produced by extracting |
---|
965 | 940 | | cannabinoids from medical marijuana through the use of a solvent |
---|
966 | 941 | | approved by the Department; |
---|
967 | 942 | | 61. 63. “State Question” means Oklahoma State Question No. 788, |
---|
968 | 943 | | Initiative Petition No. 412, approv ed by a majority vote of the |
---|
969 | 944 | | citizens of Oklahoma on June 26, 2 018; |
---|
970 | 945 | | 62. 64. “Strain” means the classification of marijuana or |
---|
971 | 946 | | cannabis plants in either pure sativa, indica, afghanica, ruderalis |
---|
972 | 947 | | or hybrid varieties; |
---|
973 | 948 | | 63. 65. “THC” means tetrahydrocannabinol, which is the primary |
---|
974 | 949 | | psychotropic cannabinoid in marijuana f ormed by decarboxylation of |
---|
975 | 950 | | naturally tetrahydrocannabinolic acid, which generally occurs by |
---|
976 | 951 | | exposure to heat; |
---|
977 | 952 | | 64. 66. “Test batch” means with regard to usable marijuana, a |
---|
978 | 953 | | homogenous, identified quantity of usable marijuana by strain, no |
---|
979 | 954 | | greater than ten (10) pounds, that is harvested during a seven-day |
---|
980 | 955 | | period from a specified cultivation area, and with regard to oils, |
---|
1013 | 987 | | 65. 67. “Transporter agent” means a person who transports |
---|
1014 | 988 | | medical marijuana or medical marijuana products for a licensed |
---|
1015 | 989 | | transporter and holds a transporter agent license pursuant to this |
---|
1016 | 990 | | act the Oklahoma Medical Marijuana and Patient Protection Act ; |
---|
1017 | 991 | | 66. 68. “Universal symbol” means the image established by the |
---|
1018 | 992 | | State Department of Health or Oklahoma Medical Marijuana Authority |
---|
1019 | 993 | | and made available to licensees through its website indicating that |
---|
1020 | 994 | | the medical marijuana or the medical marijuana product contains THC; |
---|
1021 | 995 | | 67. 69. “Usable marijuana” means the dried leaves, flowers, |
---|
1022 | 996 | | oils, vapors, waxes and other portions of the ma rijuana plant and |
---|
1023 | 997 | | any mixture or preparation thereof, excluding seed, roots, stems, |
---|
1024 | 998 | | stalks and fan leaves; and |
---|
1025 | 999 | | 68. 70. “Water-based medical marijuana concentrate ” means a |
---|
1026 | 1000 | | concentrate that was produced by extract ing cannabinoids from |
---|
1027 | 1001 | | medical marijuana thro ugh the use of only water, ice, or dry ice. |
---|
1028 | 1002 | | SECTION 3. AMENDATORY Section 8, Chapter 11, O.S.L. 2019 |
---|
1029 | 1003 | | (63 O.S. Supp. 2020, Section 427.8), is amended to read as follows: |
---|
1030 | 1004 | | Section 427.8. A. The rights to possess the marijuana product s |
---|
1031 | 1005 | | set forth in Section 420 of Title 63 of the Oklahoma Statutes this |
---|
1064 | 1037 | | B. Municipal and county governing bodies may not enact medic al |
---|
1065 | 1038 | | marijuana guidelines which restrict or int erfere with the rights of |
---|
1066 | 1039 | | a licensed patient or caregiver to pos sess, purchase, cultivate or |
---|
1067 | 1040 | | transport medical marijuana within the legal limits set forth in |
---|
1068 | 1041 | | this act the Oklahoma Medical Marijuana and Patient Protection Act |
---|
1069 | 1042 | | or Section 420 et seq. of Title 63 of the Oklahoma Statutes this |
---|
1070 | 1043 | | title or require patients or caregivers to obtain permits or |
---|
1071 | 1044 | | licenses in addition to the state-required licenses provided herein. |
---|
1072 | 1045 | | C. Nothing in this act the M Oklahoma edical Marijuana and |
---|
1073 | 1046 | | Patient Protection Act or Section 420 et seq. of Title 63 of the |
---|
1074 | 1047 | | Oklahoma Statutes this title shall prohibit a residential or |
---|
1075 | 1048 | | commercial property or business owner from prohibiting the |
---|
1076 | 1049 | | consumption of medical marijuana or medical marijuana product by |
---|
1077 | 1050 | | smoke or vaporization on the premises, within the structures of the |
---|
1078 | 1051 | | premises or within ten (10) feet of the entryway to the premises . |
---|
1079 | 1052 | | However, a medical marijuana patient shall not be denied the right |
---|
1080 | 1053 | | to consume or use other medical marijuana p roducts which are |
---|
1081 | 1054 | | otherwise legal and do not invo lve the smoking or vaporization of |
---|
| 1055 | + | cannabis when lawfully recommended pursuant to Section 420 of Title |
---|
| 1056 | + | 63 of the Oklahoma Statutes. |
---|
| 1057 | + | D. A medical marijuana patient or caregiver licensee shall not |
---|
| 1058 | + | be denied eligibility in public assistance programs includin g, but |
---|
| 1059 | + | not limited to, Medicaid, Supplemental Nutrition Assistance Program |
---|
| 1060 | + | (SNAP), Women, Infants, and Children Nutrition Program (WIC), |
---|
1109 | | - | cannabis when lawfully recommended pursuant to Section 420 of Title |
---|
1110 | | - | 63 of the Oklahoma Statutes. |
---|
1111 | | - | D. A medical marijuana patient or c aregiver licensee shall not |
---|
1112 | | - | be denied eligibility in public assistance programs including, but |
---|
1113 | | - | not limited to, Medicaid, Supplemental Nutrition Assistance Program |
---|
1114 | | - | (SNAP), Women, Infants, and Children Nutrition Program (WIC), |
---|
1115 | 1087 | | Temporary Assistance for Needy Families (TANF) or other such public |
---|
1116 | 1088 | | assistance programs based solely on his or her stat us as a medical |
---|
1117 | 1089 | | marijuana patient or caregiver licensee, unless required by federal |
---|
1118 | 1090 | | law. |
---|
1119 | 1091 | | E. A medical marijuana patient or caregiver licensee shall not |
---|
1120 | 1092 | | be denied the right to own, purchase or possess a fire arm, |
---|
1121 | 1093 | | ammunition, or firearm accessories based sol ely on his or her status |
---|
1122 | 1094 | | as a medical marijuana patient or caregiver licensee. No state or |
---|
1123 | 1095 | | local agency, municipal or county governing authority shall |
---|
1124 | 1096 | | restrict, revoke, suspend or otherwise infringe upon th e right of a |
---|
1125 | 1097 | | person to own, purchase or possess a firearm, ammunition, or firearm |
---|
1126 | 1098 | | accessories or any related firearms license or certification based |
---|
1127 | 1099 | | solely on their status as a medical marijuana patient or caregiver |
---|
1128 | 1100 | | licensee. |
---|
1129 | 1101 | | F. A medical marijuana patien t or caregiver in actual |
---|
1130 | 1102 | | possession of a medical marijuana license shall not be subject to |
---|
1131 | 1103 | | arrest, prosecution or penalty in any manner or deni ed any right, |
---|
1132 | 1104 | | privilege or public assistance, under state law or municipal or |
---|
1165 | 1136 | | G. A government medical assistance program shall not be |
---|
1166 | 1137 | | required to reimburse a person for costs associated with the medical |
---|
1167 | 1138 | | use of marijuana unless federal law re quires reimbursement. |
---|
1168 | 1139 | | H. Unless otherwise required by federal law or required to |
---|
1169 | 1140 | | obtain federal fundi ng: |
---|
1170 | 1141 | | 1. No employer may refuse to hire, discipline, discharge or |
---|
1171 | 1142 | | otherwise penalize an applicant or employee solely on the basis of |
---|
1172 | 1143 | | such applicant’s or employee’s status as a medical marijuana |
---|
1173 | 1144 | | licensee; and |
---|
1174 | 1145 | | 2. No employer may refuse to hire, discipline, d ischarge or |
---|
1175 | 1146 | | otherwise penalize an applic ant or employee solely on the basis of a |
---|
1176 | 1147 | | positive test for marijuana components or metabolites, unless: |
---|
1177 | 1148 | | a. the applicant or employee is not in possession of a |
---|
1178 | 1149 | | valid medical marijuana license, |
---|
1179 | 1150 | | b. the licensee possesse s, consumes or is under the |
---|
1180 | 1151 | | influence of medical marijuana or medical marijuana |
---|
1181 | 1152 | | product while at the place of employment or during the |
---|
1182 | 1153 | | fulfillment of employment obligations, or |
---|
1216 | 1186 | | 1. Require an employer to permit or accommodate the use of |
---|
1217 | 1187 | | medical marijuana on the property or premises of any place of |
---|
1218 | 1188 | | employment or during hours of employment; |
---|
1219 | 1189 | | 2. Require an employer, a government medical assistance |
---|
1220 | 1190 | | program, private health insurer, worker’s compensation carrier or |
---|
1221 | 1191 | | self-insured employer providin g worker’s compensation benefits to |
---|
1222 | 1192 | | reimburse a person for costs associated with the use of medical |
---|
1223 | 1193 | | marijuana; or |
---|
1224 | 1194 | | 3. Prevent an employer from having written policies re garding |
---|
1225 | 1195 | | drug testing and impairment in accordance with the Oklahoma |
---|
1226 | 1196 | | Standards for Workplace Drug and Alcohol Testing Act, Section 551 et |
---|
1227 | 1197 | | seq. of Title 40 of the Oklahoma Statutes. |
---|
1228 | 1198 | | J. Any applicant or employee aggrieved by a willful violation |
---|
1229 | 1199 | | of this section shall have, as his or her exclusive remedy, the same |
---|
1230 | 1200 | | remedies as provided for in the Oklahoma Standards for Workplace |
---|
1231 | 1201 | | Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of |
---|
1232 | 1202 | | the Oklahoma Statutes. |
---|
1233 | 1203 | | K. As used in this section: |
---|
| 1204 | + | 1. “Safety-sensitive” means any job that includes tasks or |
---|
| 1205 | + | duties that the employer reasonably belie ves could affect the safety |
---|
| 1206 | + | and health of the employee performing the task or others including, |
---|
| 1207 | + | but not limited to, any of the following: |
---|
| 1208 | + | a. the handling, packaging, pro cessing, storage, disposal |
---|
| 1209 | + | or transport of hazardous materials, |
---|
1261 | | - | 1. “Safety-sensitive” means any job that includ es tasks or |
---|
1262 | | - | duties that the employer reasonably believes could affect the safety |
---|
1263 | | - | and health of the employee performing the task or others including, |
---|
1264 | | - | but not limited to, any of the following: |
---|
1265 | | - | a. the handling, packaging, processing, storage, disposal |
---|
1266 | | - | or transport of hazardous materials, |
---|
1267 | 1236 | | b. the operation of a m otor vehicle, other vehicle, |
---|
1268 | 1237 | | equipment, machinery or power tools, |
---|
1269 | 1238 | | c. repairing, maintaining or monitoring the performance |
---|
1270 | 1239 | | or operation of any equipment, machinery or |
---|
1271 | 1240 | | manufacturing process, the malfunction or disruption |
---|
1272 | 1241 | | of which could result in injury or pr operty damage, |
---|
1273 | 1242 | | d. performing firefighting or law enforcement duties, |
---|
1274 | 1243 | | e. the operation, maintenance or oversight of critical |
---|
1275 | 1244 | | services and infrastructure including, but no t limited |
---|
1276 | 1245 | | to, electric, gas, and water utilities, power |
---|
1277 | 1246 | | generation or distribution, |
---|
1278 | 1247 | | f. the extraction, compression, processing, |
---|
1279 | 1248 | | manufacturing, handling, packaging, storage, disposal, |
---|
1280 | 1249 | | treatment or transport of potentially volatile, |
---|
1281 | 1250 | | flammable, combustible ma terials, elements, chemicals |
---|
1282 | 1251 | | or any other highly regulated component, |
---|
1283 | 1252 | | g. dispensing pharmaceuticals, |
---|
1284 | 1253 | | h. carrying a firearm, or |
---|
1317 | 1285 | | Oklahoma law regarding being under the influence, whichever is |
---|
1318 | 1286 | | lower. |
---|
1319 | 1287 | | L. All smokable, vaporized, vapable and e-cigarette medical |
---|
1320 | 1288 | | marijuana product inhaled through vaporization or smoked by a |
---|
1321 | 1289 | | medical marijuana licensee are subject to the same restr ictions for |
---|
1322 | 1290 | | tobacco under Section 1 -1521 of Title 63 of the Oklahoma Statutes |
---|
1323 | 1291 | | this title, commonly referred to as the “Smoking in Public Places |
---|
1324 | 1292 | | and Indoor Workplaces Act ”. |
---|
1325 | 1293 | | SECTION 4. This act shall become effective November 1, 2021. |
---|