OK
Oklahoma House Bill HB1014

Oklahoma 2023 Regular Session

Oklahoma House Bill HB1014 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 59th Legislature (20 23)
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3232 HOUSE BILL 1014 By: Olsen
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3838 AS INTRODUCED
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4040 An Act relating to medical marijuana; amending 63
4141 O.S. 2021, Section 425, as amended by Section 2,
4242 Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022, Section
4343 425), which relates to discrimina tion against medical
4444 marijuana licensees; prohibiting medical marijuana
4545 dispensaries from being located near places of
4646 worship; defining term; and prov iding an effective
4747 date.
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5252 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5353 SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as
5454 amended by Section 2, Chapter 317, O.S.L. 2022 (63 O.S. Supp. 2022,
5555 Section 425), is amended to read as follows:
5656 Section 425. A. No school or landlord may refuse to enroll or
5757 lease to and may not otherwise penalize a person solely for his or
5858 her status as a medical marijuana patient licensee, unless failing
5959 to do so would cause the school or landlord the potential to lose a
6060 monetary or licensing-related benefit under federal law or
6161 regulations.
6262 B. Unless a failure to do so would cause an employer the
6363 potential to lose a monetary or licensing -related benefit under
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9090 federal law or regulations, an employer may not discrimina te against
9191 a person in hiring, termination or imposing any term or condition of
9292 employment or otherwi se penalize a person based upon the status of
9393 the person as a medical mari juana patient licensee. Employers may
9494 take action against a medical marijuana patient licensee if the
9595 licensee uses or possesses marijuana while in his or her place of
9696 employment or during the hours of employment . Employers may not
9797 take action against a medical marijuana patient licensee solely
9898 based upon the status of an employee as a medical marijuana patient
9999 licensee or the results of a drug test showing positive for
100100 marijuana or its components.
101101 C. For the purposes of medical care, including organ
102102 transplants, the authorized use of marijuana by a medical marijuana
103103 patient licensee shall be considered the equivalent of the use of
104104 any other medication under the direction of a physician and does not
105105 constitute the use of an illicit substance or otherwise disqualify a
106106 registered qualifying patient from medical care.
107107 D. No medical marijuana patient licensee may be denied custody
108108 of or visitation or parenting time with a minor child, and there is
109109 no presumption of neglect or child endangerment for conduct al lowed
110110 under this law unless the behavior of the medical marijuana patient
111111 licensee creates an unreasonable danger to the safety of the minor
112112 child.
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139139 E. No person who possesses a medical marijuana patient license
140140 may be unduly withheld from holdin g another state-issued license by
141141 virtue of his or her status as a medical marijuana patient licensee
142142 including, but not limited to, a concealed carry permit.
143143 F. 1. No city or local municipality may unduly change or
144144 restrict zoning laws to prevent the opening of a medical marijuana
145145 dispensary.
146146 2. For purposes of this subsection, an undue change or
147147 restriction of municipal zoning laws means an act which entirely
148148 prevents medical marijuana dispensaries from operating within
149149 municipal boundaries as a matter of law . Municipalities may follow
150150 their standard planning and zoning procedures to determine if
151151 certain zones or districts would be appropriate for locating
152152 marijuana-licensed premises, medical marijuana businesses or any
153153 other premises where marijuana or its by -products are cultivated,
154154 grown, processed, stored or manufactured.
155155 3. A medical marijuana dispensary does not include those other
156156 entities licensed by th e Oklahoma Medical Marijuana Authority as
157157 marijuana-licensed premises, medical marijuana businesses or other
158158 facilities or locations where marijuana or any product containing
159159 marijuana or its by-products are cultivated, grown, processed,
160160 stored or manufactured.
161161 G. 1. The location of any medical marijuana dispensary is
162162 specifically prohibited within one thousa nd (1,000) feet of any
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189189 public school or private school. The distance indicated in this
190190 paragraph shall be measured from the nearest property line of such
191191 public school or private school to the nearest pe rimeter wall of the
192192 licensed premises of such medic al marijuana dispensary. If a
193193 medical marijuana dispensary met the requirements of this paragraph
194194 at the time of its initial licensure, the medical marijuana
195195 dispensary licensee shall be permit ted to continue operating at the
196196 licensed premises in the sa me manner and not be subject to
197197 nonrenewal or revocation due to subseque nt events or changes in
198198 regulations occurring after licensure that would render the medical
199199 marijuana dispensary in violation by being within one thousand
200200 (1,000) feet of a public school or private school. If any public
201201 school or private school is established within one thousand (1,000)
202202 feet of any medical marijuana dispensary after such medical
203203 marijuana dispensary has been licensed, the provisions of this
204204 paragraph shall not be a deterrent to the renewal of such license or
205205 warrant revocation of the license. For purposes of this paragraph,
206206 a property owned, used or operate d by a public school or by a
207207 private school that is not used for classroom i nstruction on core
208208 curriculum, such as an administrative building, athletic facility,
209209 ballpark, field or stadium, shall not constitute a public school or
210210 private school unless such property is located on the same campus as
211211 a building used for classroom ins truction on core curriculum.
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238238 2. The location of any medical marijuana commercial grower
239239 shall not be within one thousand (1,0 00) feet of any public school
240240 or private school as measured from the nearest property line of such
241241 public school or private school to the nearest property line of the
242242 licensed premises of such medical marijuana commercial grower.
243243 Additionally, the locatio n of the medical marijuana commercial
244244 grower shall not adjoin to any public school or private school or be
245245 located at the same physical address as the public school or private
246246 school. If a medical marijuana commercial grower met the
247247 requirements of this p aragraph at the time of its initial licensure,
248248 the medical marijuana commercial grower licensee shall be permitted
249249 to continue operating at the licensed premises in the same manner
250250 and not be subject to nonrenewal or revocation due to subsequent
251251 events or changes in regulations occurring after licensure that
252252 would render the medical marijua na commercial grower in violation of
253253 this paragraph. If any public school or private school is
254254 established within one thousand (1,000) feet of any medical
255255 marijuana commercial grower after such medical marijuana commercial
256256 grower has been licensed, or if any public school or private school
257257 is established adjoining to or at the same physical address a s any
258258 medical marijuana commercial grower after such medical marijuana
259259 commercial grower has been licensed, the provisions of this
260260 paragraph shall not be a det errent to the renewal of such license or
261261 warrant revocation of the license. For purposes of this paragraph,
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288288 a property owned, used, or operated by a public school or by a
289289 private school that is not used for classroom instruction on co re
290290 curriculum, such as an administrative building, athletic facility,
291291 ballpark, field, or stadium, shall not constitut e a public school or
292292 private school unless such property is located on th e same campus as
293293 a building used for classroom instruction on cor e curriculum.
294294 H. The location of any medical marijuana dispensary is
295295 specifically prohibited within nine hundred (900) feet of any place
296296 of worship. As used in this subsection, "place of worship" means:
297297 1. Any permanent building, structure, facility or office space
298298 owned, leased, rented or borrowed, on a full -time basis, and used no
299299 less than biweekly for worship services, activities or business of
300300 the congregation, which shall include, but not be limited to ,
301301 churches, temples, synagogues and mosques; and
302302 2. Any permanent building, structure, facility or office space
303303 owned, leased, rented or borrowed for use on a temporary basis of no
304304 less than twelve (12) months, and used no less than biweekly for
305305 worship services, activities or business of the congregation, which
306306 shall include, but not be limited to, churches, temples, synagogues
307307 and mosques.
308308 Medical marijuana dispensaries established prior to November 1,
309309 2023, which do not conform to the distance requireme nts provided for
310310 in this subsection shall be authorized to contin ue operating in
311311 their current locations.
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338338 I. Research shall be provided for under this law. A researcher
339339 may apply to the State Department of Health Oklahoma Medical
340340 Marijuana Authority for a special research license. The research
341341 license shall be granted, provided the applic ant meets the criteria
342342 listed in the Medical Marijuana and Pati ent Protection Act.
343343 Research licensees shall be required to file monthly consumpti on
344344 reports to the State Department of Health Oklahoma Medical Mariju ana
345345 Authority with amounts of marijuana used for research. Biomedical
346346 and clinical research which is subj ect to federal regulations and
347347 institutional oversight shall not be subject to oversight by the
348348 State Department of Health Oklahoma Medical Marijuana Authority.
349349 SECTION 2. This act shall become effective November 1, 2023.
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351351 59-1-5226 GRS 11/17/22