Learn About Medical Marijuana

Code and Zoning Questions

  • What zoning restrictions apply to our ability to regulate the Medical Marijuana industry in our Municipality? (click here)

  • Can we prohibit retail Medical Marijuana stores in our Municipality? (click here)

  • Can we prohibit retail commercial growing or processing of Medical Marijuana in our Municipality? (click here)

  • Can we prohibit the growth of Medical Marijuana in Residential zoning? (click here)

  • Do we need to change our criminal ordinance on drug possession? (coming soon)

  • Can we charge a fee for commercial or personal license holders to use their license in our Municipality? (click here)

  • Can a Medical Marijuana license holder smoke marijuana anywhere they please in public? (click here)

Hiring

  • How will Medical Marijuana impact hiring practices? (click here)

  • How will Medical Marijuana impact hiring for positions that require a CDL? (click here)

  • How will Medical Marijuana impact hiring other “safety sensitive” positions? (click here)

  • Can an applicant refuse to answer questions about whether they use Medical Marijuana? (click here)

Reasonable Accommodations and Disability Discrimination

  • Does this mean Medical Marijuana use has to be tolerated as a reasonable accommodation under the Federal ADA? (click here)

  • Does State law address whether Medical Marijuana is a reasonable accommodation? (click here)

Discipline and Drug Testing

  • Do we need to amend our Drug/Alcohol Testing and/or Drug Free Workplace policies? (click here)

  • Can we discipline employees who are under the influence of Medical Marijuana at work? (click here)

  • Can an employee refuse to answer questions about whether they use Medical Marijuana? (click here)

  • How does this impact post-accident drug testing? (click here)

  • How does this impact reasonable suspicion / for cause drug testing? (click here)

  • How does this impact random drug testing? (click here)

  • How does this impact CDL drivers and DOT drug testing? (click here)

Law Enforcement Questions

  • Overview: Medical Marijuana & the 4th Amendment (click here)

  • How other States have resolved 4th Amendment issues with medical and recreational marijuana. (click here)

  • Practical 4th Amendment / Medical Marijuana guidance for Oklahoma Law Enforcement (click here)

  • The Impact of Medical Marijuana on drug detection K9s (click here)

  • Debate: Is Lawfully Possessed Medical Marijuana Contraband? (click here)

DISCLAIMER: The process leading up to the implementation of medical marijuana in Oklahoma has been a long one and is still on-going. OMAG attorneys have sought to keep updating this webpage with the most up-to-date information possible. OMAG members seeking advice on the medical marijuana statutes should be aware that there may not be clear-cut answers on some of the issues. OMAG offers this guidance to help your municipality make informed decisions about policies and procedures, directly or indirectly related to medical marijuana, until some of the issues can be decided by the Legislature or the Courts. If you have questions or concerns about the information contained in these articles, please email one of the attorneys in the OMAG Legal Department at omaglegal@omag.org.

If you have a question that was not addressed above, use the form below to submit your own.