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Oklahoma Voters Pass Broad Medical Marijuana Law with Anti-Discrimination Provisions

07/01/18

Author: ADP Admin/Tuesday, July 10, 2018/Categories: State Compliance Update, Oklahoma

Overview: Oklahoma became the 30th state to pass a medical marijuana law after voters approved it on June 26, 2018. The law gives broad discretion to physicians in prescribing medical marijuana, which should make it fairly easy to obtain. Additionally, the law restricts employers from taking action against applicants or employees solely based on their status as a medical marijuana license holder or due to a positive drug test result.

Effective Date: July 26, 2018.

Details:
The law will be implemented quickly. It gives the Oklahoma State Department of Health until July 26, 2018 to make available on its website applications for medical marijuana licenses/caregiver licenses, dispensary licenses, commercial grower licenses, and processing licenses. It also requires the Oklahoma State Department of Health to establish by August 25, 2018, a regulatory office to receive these applications. Applications are to be approved/denied within fourteen days of receipt. A medical marijuana license will be valid for two years. Temporary licenses, which are valid for 30 days, may also be requested.

No “Qualifying Medical Conditions” Specified
A medical marijuana license application must be signed by an Oklahoma Board certified physician. However, unlike most other state medical marijuana laws, there are no “qualifying medical conditions” required to make a patient eligible for medical marijuana use. Rather, the license must be recommended “according to the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication.”

Oklahoma’s governor, Mary Fallin, stated after the election results were clear that the new law “is written so loosely that it opens the door for basically recreational marijuana.” Prior to the election, Gov. Fallin stated that she planned on calling a special session of the legislature if voters passed the measure.

Medical marijuana license holders will be permitted to legally possess up to three ounces of marijuana on their person and up to eight ounces in their residence (as well as specified amounts of edible marijuana, concentrated marijuana, and plants). The law permits the issuance of a license to applicants 18 years or older, but also has provisions to allow applicants under the age of 18 to obtain a license.

Implications for Employers
The law provides protection to medical marijuana license holders against discrimination in the workplace. Employers should review and, if necessary, revise their policies and practices to comply with this new law. Absent the “imminent” loss of a monetary or licensing related benefit under federal law or regulations, an employer may not discriminate against a person in the hiring, termination or other term or condition of employment based on:
  1. The individual’s status as a medical marijuana license holder; or,
  2. Employers may take action against a holder of a medical marijuana license holder if the holders uses or possesses marijuana while in the holder’s place of employment or during the hours of employment. Employers may not take action against the holder of a medical marijuana license solely based upon the status of an employee as a medical marijuana license holder or the results of a drug test showing positive for marijuana or its components.

Action Required: If you participate in the ADP TotalSource Drug Free Workplace Program, please contact our ADP TotalSource Drug Free Workplace Administrator for additional guidance. As always, please be sure to contact your HR Business Partner for guidance and if you have any questions.

Produced in partnership with Jackson Lewis P.C.

This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.

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