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STATE OF OKLAHOMA
1st Session of the 59th Legislature (20 23)
HOUSE BILL 1014 By: Olsen
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 425, as amended by Section 2,
Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022, Section
425), which relates to discrimina tion against medical
marijuana licensees; prohibiting medical marijuana
dispensaries from being located near places of
worship; defining term; and prov iding an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as
amended by Section 2, Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022,
Section 425), is amended to read as follows:
Section 425. A. No school or landlord may refuse to enroll or
lease to and may not otherwise penalize a person solely for his or
her status as a medical marijuana patient licensee, unless failing
to do so would cause the school or landlord the potential to lose a
monetary or licensing-related benefit under federal law or
regulations.
B. Unless a failure to do so would cause an employer the
potential to lose a monetary or licensing -related benefit under
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federal law or regulations, an employer may not discrimina te against
a person in hiring, termination or imposing any term or condition of
employment or otherwi se penalize a person based upon the status of
the person as a medical mari juana patient licensee. Employers may
take action against a medical marijuana patient licensee if the
licensee uses or possesses marijuana while in his or her place of
employment or during the hours of employment . Employers may not
take action against a medical marijuana patient licensee solely
based upon the status of an employee as a medical marijuana patient
licensee or the results of a drug test showing positive for
marijuana or its components.
C. For the purposes of medical care, including organ
transplants, the authorized use of marijuana by a medical marijuana
patient licensee shall be considered the equivalent of the use of
any other medication under the direction of a physician and does not
constitute the use of an illicit substance or otherwise disqualify a
registered qualifying patient from medical care.
D. No medical marijuana patient licensee may be denied custody
of or visitation or parenting time with a minor child, and there is
no presumption of neglect or child endangerment for conduct al lowed
under this law unless the behavior of the medical marijuana patient
licensee creates an unreasonable danger to the safety of the minor
child.
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E. No person who possesses a medical marijuana patient license
may be unduly withheld from holdin g another state-issued license by
virtue of his or her status as a medical marijuana patient licensee
including, but not limited to, a concealed carry permit.
F. 1. No city or local municipality may unduly change or
restrict zoning laws to prevent the opening of a medical marijuana
dispensary.
2. For purposes of this subsection, an undue change or
restriction of municipal zoning laws means an act which entirely
prevents medical marijuana dispensaries from operating within
municipal boundaries as a matter of law . Municipalities may follow
their standard planning and zoning procedures to determine if
certain zones or districts would be appropriate for locating
marijuana-licensed premises, medical marijuana businesses or any
other premises where marijuana or its by -products are cultivated,
grown, processed, stored or manufactured.
3. A medical marijuana dispensary does not include those other
entities licensed by th e Oklahoma Medical Marijuana Authority as
marijuana-licensed premises, medical marijuana businesses or other
facilities or locations where marijuana or any product containing
marijuana or its by-products are cultivated, grown, processed,
stored or manufactured.
G. 1. The location of any medical marijuana dispensary is
specifically prohibited within one thousa nd (1,000) feet of any
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public school or private school. The distance indicated in this
paragraph shall be measured from the nearest property line of such
public school or private school to the nearest pe rimeter wall of the
licensed premises of such medic al marijuana dispensary. If a
medical marijuana dispensary met the requirements of this paragraph
at the time of its initial licensure, the medical marijuana
dispensary licensee shall be permit ted to continue operating at the
licensed premises in the sa me manner and not be subject to
nonrenewal or revocation due to subseque nt events or changes in
regulations occurring after licensure that would render the medical
marijuana dispensary in violation by being within one thousand
(1,000) feet of a public school or private school. If any public
school or private school is established within one thousand (1,000)
feet of any medical marijuana dispensary after such medical
marijuana dispensary has been licensed, the provisions of this
paragraph shall not be a deterrent to the renewal of such license or
warrant revocation of the license. For purposes of this paragraph,
a property owned, used or operate d by a public school or by a
private school that is not used for classroom i nstruction on core
curriculum, such as an administrative building, athletic facility,
ballpark, field or stadium, shall not constitute a public school or
private school unless such property is located on the same campus as
a building used for classroom ins truction on core curriculum.
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2. The location of any medical marijuana commercial grower
shall not be within one thousand (1,0 00) feet of any public school
or private school as measured from the nearest property line of such
public school or private school to the nearest property line of the
licensed premises of such medical marijuana commercial grower.
Additionally, the locatio n of the medical marijuana commercial
grower shall not adjoin to any public school or private school or be
located at the same physical address as the public school or private
school. If a medical marijuana commercial grower met the
requirements of this p aragraph at the time of its initial licensure,
the medical marijuana commercial grower licensee shall be permitted
to continue operating at the licensed premises in the same manner
and not be subject to nonrenewal or revocation due to subsequent
events or changes in regulations occurring after licensure that
would render the medical marijua na commercial grower in violation of
this paragraph. If any public school or private school is
established within one thousand (1,000) feet of any medical
marijuana commercial grower after such medical marijuana commercial
grower has been licensed, or if any public school or private school
is established adjoining to or at the same physical address a s any
medical marijuana commercial grower after such medical marijuana
commercial grower has been licensed, the provisions of this
paragraph shall not be a det errent to the renewal of such license or
warrant revocation of the license. For purposes of this paragraph,
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a property owned, used, or operated by a public school or by a
private school that is not used for classroom instruction on co re
curriculum, such as an administrative building, athletic facility,
ballpark, field, or stadium, shall not constitut e a public school or
private school unless such property is located on th e same campus as
a building used for classroom instruction on cor e curriculum.
H. The location of any medical marijuana dispensary is
specifically prohibited within nine hundred (900) feet of any place
of worship. As used in this subsection, "place of worship" means:
1. Any permanent building, structure, facility or office space
owned, leased, rented or borrowed, on a full -time basis, and used no
less than biweekly for worship services, activities or business of
the congregation, which shall include, but not be limited to ,
churches, temples, synagogues and mosques; and
2. Any permanent building, structure, facility or office space
owned, leased, rented or borrowed for use on a temporary basis of no
less than twelve (12) months, and used no less than biweekly for
worship services, activities or business of the congregation, which
shall include, but not be limited to, churches, temples, synagogues
and mosques.
Medical marijuana dispensaries established prior to November 1,
2023, which do not conform to the distance requireme nts provided for
in this subsection shall be authorized to contin ue operating in
their current locations.
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I. Research shall be provided for under this law. A researcher
may apply to the State Department of Health Oklahoma Medical
Marijuana Authority for a special research license. The research
license shall be granted, provided the applic ant meets the criteria
listed in the Medical Marijuana and Pati ent Protection Act.
Research licensees shall be required to file monthly consumpti on
reports to the State Department of Health Oklahoma Medical Mariju ana
Authority with amounts of marijuana used for research. Biomedical
and clinical research which is subj ect to federal regulations and
institutional oversight shall not be subject to oversight by the
State Department of Health Oklahoma Medical Marijuana Authority.
SECTION 2. This act shall become effective November 1, 2023.
59-1-5226 GRS 11/17/22