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Marijuana Considerations & Laws In Oklahoma

Medical
Marijuana Law:

Recreational
Marijuana Law:

No Broad Laws
Legalizing Marijuana*:

*In these states, marijuana is either totally illegal, or there may be laws decriminalizing possession, or use of marijuana, or, the state may have a CBD law legalizing THC at a level constituting marijuana-derived CBD.


Employers have so many questions! Learn More About Workplace Considerations for Marijuana Use.

What are the impacting issues of marijuana use? Review Our Checklist of Impacting Issues to Research.

Employment Information

Employer Concerns

  • Employers cannot take action against an applicant or employee solely based on their status as a medical marijuana card holder.
  • Nothing prevents an employer from establishing a written policy regarding drug testing and impairment in the workplace, as long as they are in compliance with Oklahoma’s drug testing laws.
  • Employers can take adverse action against medical marijuana patients if they use or possess marijuana at the workplace or during work hours.
  • An employer may not take action (refuse to hire, discipline, discharge, or otherwise penalize an applicant or employee) based solely on the individual being a medical marijuana licensee.
  • An employer may not take action against a medical marijuana licensee based solely on a marijuana positive drug test unless:
    • the applicant/employee does not have a valid medical marijuana license;
    • the licensee possesses, consumes, or is under the influence in the workplace or during work hours; or
    • the licensee is in a safety-sensitive position (Oklahoma Statutes 63-427.8 K defines safety-sensitive).
  • Cutoff levels denoting a positive drug test mirror U.S. Department of Transportation or Oklahoma law, whichever is lower.
  • Oklahoma has no list of qualifying conditions, but instead a patient must receive a physician’s recommendation. According to SQ 788, “The physician must recommend a marijuana license according to the accepted standards a reasonable and prudent physician would follow for recommending or approving any medication.”
  • It is a crime in Oklahoma if the driver has any detectable level of THC and/or its active metabolites in their blood, urine, or saliva. Further, drivers are deemed to have given consent to submit to a chemical test (blood, saliva, urine) to determine the amount of drugs in their system.

Testing

  • Although very employer-friendly, Oklahoma does have a drug testing law with precise details. An employer is subject to these requirements for any testing he or she is doing beyond any they are required to do under federal law or regulation to which they are subject.

Hiring/Termination

  • An employer may not take action (refuse to hire, discipline, discharge, or otherwise penalize an applicant or employee) based solely on the individual being a medical marijuana licensee.
  • See Significant above.

Discipline

  • An employer may not discipline, or otherwise penalize an applicant or employee, based solely on a marijuana positive drug test unless:
    • the applicant/employee does not have a valid medical marijuana license;
    • the licensee possesses, consumes, or is under the influence in the workplace or during work hours; or
    • the licensee is in a safety-sensitive position (Oklahoma Statutes 63-427.8 K defines safety-sensitive).

Use/Possession

  • Smoking or vaping in public is prohibited, including outdoor smoking areas and any non-smoking area.
  • Consumption in a vehicle or being under the influence of marijuana by either passenger or driver is prohibited.

Other Impacting Laws (e.g. drug testing, workers’ compensation, unemployment)

  • Although very employer-friendly, Oklahoma does have a drug testing law with precise details. An employer is subject to these requirements for any testing he or she is doing beyond any they are required to do under federal law or regulation to which they are subject.

Sources (e.g. Bill Number, Authority)

  • Oklahoma Statutes 63-420 et al. – Medical marijuana
  • Oklahoma Stat. 40-15-551 to 563 – Drug testing related
  • Oklahoma Statute 40-2-406.1 – Unemployment related
  • Oklahoma Statutes 85A-2-208(2)(9)(b)(1)(4) – Workers’ compensation related

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DISCLAIMER: This resource is designed to provide accurate information regarding the subject matter covered. It is provided with the understanding that those involved in the resource are not engaged in rendering legal counsel. If legal advice is required, the services of a competent professional should be sought.

CAUTION: Where there are quotation marks, the language is directly from published law. This information is only a summary of some issues and it will benefit the reader to review the information in context (go to the law) and in relation to other laws (e.g. workers compensation, unemployment law).