Oklahoma Employment Law Update — March 2019

Oklahoma

Medical Marijuana Act

On March 13, 2019, Oklahoma Governor Kevin Stitt signed legislation (H.B. 2612) creating the Oklahoma Medical Marijuana and Patient Protection Act (MMPPA) and modifying the Oklahoma Standards for Workplace Drug and Alcohol Testing Act.

Under the MMPPA, and unless otherwise required by federal law or required to obtain federal funding, employers may not:

  • Refuse to hire, discipline, discharge, or otherwise penalize an applicant or employee solely on the basis of his or her status as a medical marijuana licensee; or
  • 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:
    • 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 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.

Employers may continue to implement and maintain written policies regarding drug testing and impairment in accordance with the Oklahoma Standards for Workplace Drug and Alcohol Testing Act. Additionally, 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; or
  • Provide workers’ compensation benefits to reimburse a person for costs associated with the use of medical marijuana.

Regarding smoking, 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 the Oklahoma Smoking in Public Places and Indoor Workplaces Act.

Under the amended Oklahoma Standards for Workplace Drug and Alcohol Testing Act, a breath or blood specimen may be used for the confirmation test for alcohol and a urine, saliva, or blood specimen may be used for the confirmation test for drugs.

The law is effective August 30, 2019.

Read OK H.B. 2612