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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
HOUSE BILL 2427 By: May
AS INTRODUCED
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.8, which relates to the
Oklahoma Medical Marijuana and Patien t Protection
Act; updating statutory references; modifying scope
of certain definition; and providing an effective
date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427. 8, is
amended to read as follows:
Section 427.8 A. The rights to pos sess the marijuana products
set forth in Section 420 of Title 63 of the Oklahoma Statutes this
title are cumulative and a duly licensed individual may possess at
any one time the totalit y of the items listed therein and not be in
violation of this act so long as the individual holds a valid
medical marijuana patient license or caregiver license.
B. Municipal and county governing bodies may not enact medic al
marijuana guidelines which res trict or interfere with the rights of
a licensed patient or caregiver to p ossess, purchase, cultivate or
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transport medical marijuana within the legal limits set forth in
this act the Oklahoma Medical Marijuana and Patient Protection Act
or Section Sections 420 et seq. of Title 63 of the Ok lahoma Statutes
through 426.1 of this title or require patients or caregivers to
obtain permits or licenses in addition to the state -required
licenses provided herein.
C. Nothing in this act the Oklahoma Medical Marijuana and
Patient Protection Act or Section Sections 420 et seq. of Title 63
of the Oklahoma Statutes through 426.1 of this title shall prohibit
a residential or commercial property or business owner from
prohibiting the consumption of medical marijuana or medi cal
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 medic al
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 this
title.
D. A medical marijuana patient or caregiver licen see shall not
be denied eligibility in public assistance programs includin g, but
not limited to, Medicaid, Supplemental Nutrition Assistance Program
(SNAP), Women, Infants, and Children Nutrition Program (WIC),
Temporary Assistance for Needy Families (TANF ) or other such public
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assistance programs based solely on his or her stat us 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, p urchase or possess a firearm,
ammunition, or firearm accessories based sol ely 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 o therwise infringe upon the right of a
person to own, purchase or possess a firearm, ammunition, or firearm
accessories or any related firearms license or certification based
solely on their status as a medical marijuana patient or caregiver
licensee.
F. A medical marijuana patient or caregiver in actual
possession of a medical marijuana license shall not be subject to
arrest, prosecution or penalty in any manner or deni ed any right,
privilege or public assistance, under state law or municipal or
county ordinance or resolution including without limitation a civil
penalty or disciplinary action by a business, occupational or
professional licensing board or bureau, for the medical use of
marijuana in accordance with this act the Oklahoma Medical Marijuana
and Patient Protection Act .
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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 requires reimbursement.
H. Unless otherwise required by federal law o r required to
obtain federal funding:
1. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applicant or employee solely on the basis of
such applicant's or employee's status as a medical marijuana
licensee; and
2. No employer may refuse to hire, discipline, discharge or
otherwise penalize an applic ant or employee solely on the basis of a
positive test for marijuana components or metabolites, unless:
a. the applicant or employee is not in possessio n of a
valid medical marijuana license,
b. the licensee possesses, consumes or is under the
influence of medical marijuana or medical marijuana
product while at the place of employment or during the
fulfillment of employment obligations, or
c. the position is one involving safety -sensitive job
duties, as such term is defined in subsection K of
this section.
I. Nothing in this act the Oklahoma Medical Marijuana and
Patient Protection Act or Section Sections 420 et seq. of Title 63
of the Oklahoma Statutes through 426.1 of this title 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 regarding
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, processing, storage, disp osal
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, th e malfunction or disruption
of which could result in injury or pr operty damage,
d. performing firefighting duties,
e. the operation, maintenance or oversight of critical
services and infrastructure including, but not limited
to, electric, gas, and water ut ilities, power
generation or distribution,
f.
e. the extraction, compression, processing,
manufacturing, handling, packaging, storage, disposal,
treatment or transport of potentially volatile,
flammable, combustible materials, elements, chemicals
or any other highly regulated component,
g.
f. dispensing pharmaceuticals,
h.
g. carrying a firearm, or
i.
h. direct patient care or direct child care; and
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2. A "positive test for marijuana components or metabolites "
means a result that is at or above the cutoff c oncentration level
established by the United States Department of Transpor tation or
Oklahoma law regarding being under the influence, whichever is
lower.
L. All smokable, vaporized, vapable and e -cigarette medical
marijuana product inhaled through vaporiz ation or smoked by a
medical marijuana licensee are subject to the same re strictions for
tobacco under Section 1-1521 through 1-1527 of Title 63 of the
Oklahoma Statutes this title, commonly referred to as the "Smoking
in Public Places and Indoor Workplace s Act".
SECTION 2. This act shall become effective November 1, 2023.
59-1-6842 GRS 12/29/22