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ENGROSSED SENATE
BILL NO. 640 By: Paxton and Bullard of the
Senate
and
Turner of the House
An Act relating to medical marijuana license;
amending 63 O.S. 2021, Section 425, as amended by
Section 10, Chapter 182, O.S.L. 2024 (63 O.S. Supp.
2024, Section 425), which relates to location near
schools; modifying certain distance; prohibiting
certain medical marijuana grower or dispensary within
certain distance of certain place of worship;
defining term; updating statutory language; updating
statutory reference; 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
amended by Section 10, Chapter 182, O.S.L. 2024 (63 O.S. Supp. 2024,
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 licensed medical marijuana patient, unless failing
to do so would cause the school or landlord the potential to l ose a
monetary or licensing -related benefit under federal law or
regulations.
B. 1. 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 terminating or imposing any term or
condition of employment or otherwise penalize a person based upon
the status of the person as a licensed medical marijuana patie nt.
2. Employers may take action against a licensed medical
marijuana patient if the licensed medical marijuana patient uses or
possesses marijuana while in his or her place of employment or
during the hours of employment. Employers may not take action
against the licensed medical marijuana patient solely based upon the
status of an employee as a licensed medical marijuana patient or the
results of a drug test showing positive for marijuana or its
components.
C. For the purposes of medical care, includin g organ
transplants, the authorized use of marijuana by a licensed medical
marijuana patient 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 licensed medical marijuana patient 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 person creates an
unreasonable danger to the safety of the minor child.
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E. No licensed medical marijuana patient may unduly be withheld
from holding a state -issued license by virtue of their bein g a
licensed medical marijuana patient 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 th is 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 m anufactured.
3. For purposes of this secti on, a medical marijuana dispensary
does not include those other entities licensed by the Oklahoma
Medical Marijuana Authority as marijuana -licensed premises, medical
marijuana businesses or other facilities or loc ations where
marijuana or any product containing marijuana or its by-products
byproducts are cultivated, grown, processed, stored or manufactured.
G. 1. Except as otherwise provided in this subsection, the
location of any medical marijuana dispensary is specifically
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prohibited within one thousand (1,000) three thousand (3,000) feet
of any school entrance unless currently licensed prior to the
effective date of this act . On and after the effective date of this
act May 28, 2021, for purposes of calculating the 1,000-foot three-
thousand-foot setback distance, the measurement shall be determined
by calculating the distance in a straight line from the school door
nearest the front door of the retail marijuana dispensary to the
front door of the retail marijuan a dispensary.
2. On and after June 26, 2018 the effective date of this act ,
if any school is established within one thousand (1,000) three
thousand (3,000) feet of any retail marijuana dispensary after a
license has been issued by the Authority for that l ocation, the
setback distance between properties shall not apply as long as the
licensed property is used for its original licensed purpose. The
licensed location shall be grandfathered in as to the setback
distance as long as the property is used in acco rdance with the
original licensed purpose.
3. On and after the effective date of this act, if any place of
worship is established within three thousand (3,000) feet of any
retail marijuana dispensary after a license has been issued by the
Authority for that location, the setback distance between properties
shall not apply as long as the licensed property is used for its
original licensed purpose. The licensed location shall be
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grandfathered in as to the setback distance as long as the property
is used in accordance with the original licensed purpo se.
4. On and after June 26, 2018, the Authority, due to an error
in measurement of the setback distance or failure to measure the
setback distance by the Authority prior to issuance of an original
license at a location, shall not:
a. deny any issuance or renewal of a license at that
location,
b. deny any transfer of license pursuant to a change in
ownership at that location, or
c. revoke any license due to an error in measurement or
failure to measure the setback distance, except as
otherwise provided by law.
The retail marijuana dispensary shall be grandfathered in as to
the setback distance, subject only to the municipal compliance
provisions of Section 426.1 of this title.
4. 5. For purposes of this subsection and subsection H of this
section:
a. “school” means the same as defined in Section 427.2 of
this title, and
b. “error in measurement ” means a mistake made by the
Authority or a municipality in the setback measurement
process where either the distance betw een a retail
marijuana dispensary and a sch ool is miscalculated due
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to mathematical error or the method used to measure
the setback distance is inconsistent with this
section. The setback measurement process is allowed
an error in measurement up to and in cluding five
hundred (500) feet when remeasured after an original
license has been issued , and
c. “place of worship” means any permanent building,
structure, facility, or office space owned, leased, or
rented on a full-time basis, and used weekly for
worship services, activities, or business of the
religious organization, which shall include, but not
be limited to, churches, temples, synagogues, and
mosques.
H. 1. The location of any medical marijuana commercial grower
shall not be within one thousand (1,000) three thousand (3,000) feet
of any school as measured from the nearest property line of such
school to the nearest property line of the licensed premises of such
medical marijuana commercial grower. Additionally, the location of
the medical marijuana commercial grower shall not adjoin to any
school or be located at the same physical address as the school. If
a medical marijuana commercial grower met the requirements of this
subsection 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
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subject to nonrenewal or revocation due to subsequent events or
changes in regulations occurring after licensure that would render
the medical marijuana commercial grower in violatio n of this
subsection. If any school is established within one thousand
(1,000) three thousand (3,000) feet of any medical marijuana
commercial grower after such medical marijuana commercial grower has
been licensed, or if any school is established adjoining to or at
the same physical address as any medical marijuana commercial grower
after such medical marijuana commercial grower has been licensed,
the provisions of this subsection shall not be a deterrent to the
renewal of such license or warrant revocati on of the license. For
purposes of this subsection, a property owned, used, or operated by
a school that is not used for classroom instruction on core
curriculum, such as an administrative building, athletic faci lity,
ballpark, field, or stadium, shall not constitute a school unless
such property is located on the same campus as a building used for
classroom instruction on core curriculum.
2. On and after the effective date of this act, if any place of
worship is established within three thousand (3,000) feet of any
retail marijuana grower after a license has been issued by the
Authority for that location, the setback distance between properties
shall not apply as long as the licensed property is used for its
original licensed purpose. The licensed location shall be
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grandfathered in as to the setback distance as long as the property
is used in accordance with the original licensed purpose .
SECTION 2. This act shall become effective November 1, 202 5.
Passed the Senate the 18th day of March, 2025.
Presiding Officer of the Senate
Passed the House of Representatives the ____ day of __________,
2025.
Presiding Officer of the House
of Representatives