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Summary of differences between federal and state regulations
Medical marijuana
A person with a state-issued medical marijuana license can consume marijuana legally. An employer may not discriminate against a medical marijuana patient or take action solely on the basis of a positive drug test, but the law provides several exceptions — including an exception for employees in safety sensitive positions.
An employer is 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. An employer may have written policies regarding drug testing and impairment in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act.
In addition, an employer, a government medical assistance program, private health insurer, workers’ compensation carrier, or self-insured employer providing workers’ compensation benefits is not required to reimburse a person for costs associated with the use of medical marijuana.
However, unless failure to do so would cause an employer to lose a monetary or licensing benefit under federal law or regulations, an employer may not 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.
In addition, an employer may not refuse to hire, discipline, discharge, or otherwise penalize an applicant or employee only because of a positive test for marijuana components or metabolites unless:
- the applicant or employee is not in possession of a valid medical marijuana license,
- the licensee possesses, consumes or is under the influence of medical marijuana or a medical marijuana product while at the place of employment or during the fulfillment of employment obligations, or
- the position is one involving safety-sensitive job duties.
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.
A “safety-sensitive” job 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. This includes (but is 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.
A business owner may prohibit the consumption of medical marijuana or smoking or vaping medical marijuana on the premises, or within 10 feet of the entry to the premises.
All smokable, vapable, and e-cigarette medical marijuana products are subject to the same restrictions as tobacco under the “Smoking in Public Places and Indoor Workplaces Act.”
An independent contractor, subcontractor, or employee of an independent contractor may be subject to a workplace drug and alcohol testing policy under terms of the contractual agreement when the drug or alcohol testing policy applies to other workers at the job site or workers in the same or similar classification or group.
Recreational marijuana
Oklahoma has no laws legalizing recreational marijuana.
State
Oklahoma Medical Marijuana Authority
Regulations
Oklahoma Statutes, Title 63, Section 425
State Question 788, Section 6B