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SENATE FLOOR VERSION
February 13, 2023
COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 801 By: Coleman
An Act relating to medical marijuana; amendi ng 63
O.S. 2021, Section 425, as last amended by Section 5,
Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
425), which relates to discrimination against license
holder; allowing for municipalities to modify their
planning or zoning p rocedures to forbid medical
marijuana businesses from operating in certain areas;
and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as last
amended by Section 5, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022 ,
Section 425), is amen ded 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 discriminate against
a person in hiring, termination or imposing any term or condition o f
employment or otherw ise penalize a person based upon the status of
the person as a medical marijuana 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 po sitive 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 th e direction of a phys ician 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 allowed
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 med ical marijuana patient license
may be unduly withheld from holding 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 municip ality 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 di spensaries from operating within
municipal boundaries as a matter of law.
G. 1. Municipalities may follow their standard planning and
zoning procedures to determine if certain zones or districts would
be appropriate for locating marijuana-licensed premises, med ical
marijuana businesses, or any other premises where marijuana or its
by-products are cultivated, grown, processed, stored, or
manufactured.
2. After the effective date of this act, municipalities may
modify their standard planning and zoning procedures to forbid
certain zones or districts within the municipality for the operation
of a marijuana-licensed premises, medical marijuana businesses, or
any other premises where marijuana or its by-products are
cultivated, grown, processed, stored, or manufactured; provided, any
medical marijuana businesses licensed prior to the effecti ve date of
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this act may continue to operate until s uch time they are no longer
licensed by the Oklahoma Medical Marijua na Authority.
3. A medical marijuana dispensary does not include those other
entities licensed by the Oklah oma 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. H. The location of any medical marijuana dispensary is
specifically prohibited within one thousand (1,000) feet of any
public school or private school. The distance indicated in this
subsection shall be measured from the nearest property line of such
public school or private school to the nearest perimeter wall of the
licensed premises of such medical marijuana dispensary. If a
medical marijuana dispensary met the requirements of this subsection
at the time of its initial licensure, the medical marijuana
dispensary licensee s hall 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 medic al
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 medi cal
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marijuana dispensary has been licensed, the provisions of this
subsection shall not be a deterrent to the renewal of such license
or warrant revocation of the license. For purposes of this
subsection, a property owned, used or operated by a public sch ool or
by a private school that is not used for classroom instruction 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 loca ted on the same
campus as a building used for classroom instruction on core
curriculum.
H. I. Research shall be provided for under this law. A
researcher may apply to the Oklahoma Medical Marijuana Authority for
a special research license. The resear ch license shall be granted,
provided the applicant meets the criteria listed in the Oklahoma
Medical Marijuana and Patient Protection Act. Research licensees
shall be required to file monthly consumption reports to the
Authority with amounts of marijuana used for research. Biomedical
and clinical research which is subject to federal regulations and
institutional oversight shall not be subject to oversight by the
Authority.
SECTION 2. This act shall become effective November 1, 202 3.
COMMITTEE REPORT BY: COMMITTEE ON BUSINESS AND COMMERCE
February 13, 2023 - DO PASS AS AMENDED B Y CS