The regulatory framework within which medical marijuana is allowed in Oklahoma has taken shape in the 2019 legislative session after the voters of the state passed State Question 788 (SQ788) in the summer of 2018. In August 2018, OMAG provided information on its website based on the regulatory efforts of the State Department of Health and others. These attempts, through regulation, to add details to SQ788 were met with much opposition resulting in some of the earlier efforts being withdrawn. Then a working group of state legislators and others began meeting in the fall of 2018 to discuss the parameters of legislation that could be sponsored and supported to fill in some of the unknown gaps in the regulatory framework for medical marijuana in the State of Oklahoma.
The 2019 legislative session resulted in the passage of House Bill 2612, the Oklahoma Medical Marijuana and Patient Protection Act, more commonly called the “Unity Bill”, Senate Bill 1030, Senate Bill 31, Senate Bill 162, and House Bill 2601 that provided additional clarity. The provisions for these bills are codified in the Oklahoma Medical Marijuana Act - 63 Okla. Stat. §420 through §427; and the Oklahoma Medical Marijuana and Patient Protection Act - 63 Okla. Stat. §427.1 through §427.23. Those provisions, collectively, contain the following parameters:
State issued patient or caregiver license only. Municipal and county governing bodies may not enact medical marijuana guidelines which restrict or interfere with the rights of a licensed patient or caregiver to possess, purchase, cultivate or transport medical marijuana within the legal limits set forth in Oklahoma Medical Marijuana Act. 63 Okla. Stat. §420. Counties, Cities, or towns may not require patients or caregivers to obtain permits or licenses in addition to the state-required licenses provided herein.
Requires licensed physician recommendation. Only licensed Oklahoma allopathic, osteopathic and podiatric physicians may provide a medical marijuana recommendation for a medical marijuana patient license. A physician signing an application is not required to be Board Certified.
No imprisonment – cite and release. Persons eligible to be in possession of up to 1.5 ounces of marijuana but are not in possession of a state-issued medical marijuana license shall be punishable by a fine of not more than $400, but not subject to imprisonment for the offense. Officers are authorized to cite offenders and then release them upon their own recognizance to appear later in court in certain circumstances.
Caregiver must hold patient license to use. A marijuana caregiver has the same rights of a medical marijuana patient license holder to possess marijuana, except for use, unless the caregiver also has a medical marijuana patient license.
Patient or caregiver license holder not subject to prosecution. 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 denied 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.
Municipal regulatory authority recognized. For issuance of a license or permit from the State, all relevant local licenses and permits must be issued by the municipality, including but not limited to, an occupancy permit or certificate of compliance.
A licensed medical marijuana business premises shall be subject to and responsible for compliance with applicable provisions for medical marijuana business facilities as described in the most recent versions of the Oklahoma Uniform Building Code, the International Building Code and the International Fire Code, unless granted an exemption by the Authority or municipality.
Municipal Planning and Zoning. 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 other premises where marijuana or its by-products are cultivated, grown, processed, stored or manufactured.
Zoning may not ban retail dispensaries. No city or local municipality may unduly change or restrict zoning laws to prevent the opening within its boundaries as a matter of law of a retail marijuana establishment licensed by the State Department of Health as a medical marijuana dispensary.
The location of any retail marijuana establishment is specifically prohibited within one thousand (1,000) feet from any public or private school entrance.
Rights to firearms protected. A medical marijuana patient or caregiver licensee shall not be denied the right to own, purchase or possess a firearm, ammunition, or firearm accessory based solely 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 otherwise infringe upon the right of a person to own, purchase or possess a firearm, ammunition, or firearm accessory or any related firearms license or certification based solely on their status as a medical marijuana patient or caregiver licensee.
Reimbursement as medical expense not required. 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.
Statutes do not require an employer, a government medical assistance program, private health insurer, worker's compensation carrier or self-insured employer providing worker's compensation benefits to reimburse a person for costs associated with the use of medical marijuana.
Medical marijuana licensee job protections. 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
No employer may refuse to hire, discipline, discharge or otherwise penalize an applicant or employee solely on the basis of a positive test for marijuana components or metabolites, unless: a. the applicant or employee is not in possession 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.
Employers are not required to permit or accommodate the use of medical marijuana on the property or premises of any place of employment or during hours of employment;
Statute does not 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.
An 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.
"Safety-sensitive" means any job that includes tasks or duties that the employer reasonably believes could affect the safety and health of the employee performing the task or others including, but not limited to, any of the following:
the handling, packaging, processing, storage, disposal or transport of hazardous materials,
the operation of a motor vehicle, other vehicle, equipment, machinery or power tools,
repairing, maintaining or monitoring the performance or operation of any equipment, machinery or
manufacturing process, the malfunction or disruption of which could result in injury or property
damage,
performing firefighting duties,
the operation, maintenance or oversight of critical services and infrastructure including, but not
limited to, electric, gas, and water utilities, power generation or distribution,
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,
dispensing pharmaceuticals,
carrying a firearm, or
direct patient care or direct child care; and
A "positive test for marijuana components or metabolites" means a result that is at or above the cutoff concentration level established by the United States Department of Transportation or Oklahoma law regarding being under the influence, whichever is lower.
Smoking in Public Places and Indoor Workplaces. All smokable, vaporized, vapable and e-cigarette medical marijuana product inhaled through vaporization or smoked by a medical marijuana licensee are subject to the same restrictions for tobacco under Section 1-1521 of Title 63 of the Oklahoma Statutes, commonly referred to as the "Smoking in Public Places and Indoor Workplaces Act".
Potential Federal impacts may be considered. A school, or landlord, or employer can consider the status of one holding a marijuana license in relation to admission, leasing, or workplace rules based on potential impacts to the school, landlord, or employer under federal law or regulations.
There may still be additional tweaking to the Oklahoma Regulatory Framework in during the 2020 session. Updates will be provided accordingly.
