2023 Oklahoma Statutes
Title 63. Public Health and Safety
§63-425v1. Discrimination against medical marijuana license holder.

A. No school or landlord may refuse to enroll or lease to and may not otherwise penalize a person solely for his or her status as a licensed medical marijuana patient, unless failing to do so would cause the school or landlord the potential to lose a monetary or licensing-related benefit under federal law or regulations.

B. 1. Unless a failure to do so would cause an employer the potential to lose a monetary or licensing-related benefit under federal law or regulations, an employer may not discriminate against a person in hiring, termination or imposing any term or condition of employment or otherwise penalize a person based upon the status of the person as a licensed medical marijuana patient.

2. Employers may take action against a licensed medical marijuana patient if the licensed medical marijuana patient uses or possesses marijuana while in his or her place of employment or during the hours of employment. Employers may not take action against the licensed medical marijuana patient solely based upon the status of an employee as a licensed medical marijuana patient or the results of a drug test showing positive for marijuana or its components.

C. For the purposes of medical care, including organ transplants, the authorized use of marijuana by a licensed medical marijuana patient shall be considered the equivalent of the use of any other medication under the direction of a physician and does not constitute the use of an illicit substance or otherwise disqualify a registered qualifying patient from medical care.

D. No licensed medical marijuana patient may be denied custody of or visitation or parenting time with a minor child, and there is no presumption of neglect or child endangerment for conduct allowed under this law, unless the behavior of the person creates an unreasonable danger to the safety of the minor child.

E. No licensed medical marijuana patient may unduly be withheld from holding a state-issued license by virtue of their being a licensed medical marijuana patient including, but not limited to, a concealed carry permit.

F. 1. No city or local municipality may unduly change or restrict zoning laws to prevent the opening of a medical marijuana dispensary.

2. For purposes of this subsection, an undue change or restriction of municipal zoning laws means an act which entirely prevents medical marijuana dispensaries from operating within municipal boundaries as a matter of law. 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 any other premises where marijuana or its by-products are cultivated, grown, processed, stored or manufactured.

3. For purposes of this section, a medical marijuana dispensary does not include those other entities licensed by the Department as marijuana-licensed premises, medical marijuana businesses or other facilities or locations where marijuana or any product containing marijuana or its by-products are cultivated, grown, processed, stored or manufactured.

G. Except as otherwise provided in this subsection, the location of any retail marijuana dispensary is specifically prohibited within one thousand (1,000) feet of any school entrance. On and after the effective date of this act, for purposes of calculating the 1,000-foot setback distance, the measurement shall be determined by calculating the distance in a straight line from the school door nearest the front door of the retail marijuana dispensary to the front door of the retail marijuana dispensary.

1. On and after June 26, 2018, if any school is established within one thousand (1,000) feet of any retail marijuana dispensary after a license has been issued by the Authority for that location, the setback distance between properties shall not apply as long as the licensed property is used for its original licensed purpose. The licensed location shall be grandfathered in as to the setback distance as long as the property is used in accordance with the original licensed purpose.

2. On and after June 26, 2018, the Authority, due to an error in measurement of the setback distance or failure to measure the setback distance by the Authority prior to issuance of an original license at a location, shall not:

• a.deny any issuance or renewal of a license at that location,
• b.deny any transfer of license pursuant to a change in ownership at that location, or
• c.revoke any license due to an error in measurement or failure to measure the setback distance, except as otherwise provided by law.

The retail marijuana dispensary shall be grandfathered in as to the setback distance, subject only to the municipal compliance provisions of Section 426.1 of this title.

3. For purposes of this subsection:

• a."school" means the same as defined in Section 427.2 of this title, and
• b."error in measurement" means a mistake made by the Authority or a municipality in the setback measurement process where either the distance between a retail marijuana dispensary and a school is miscalculated due to mathematical error or the method used to measure the setback distance is inconsistent with this section. The setback measurement process is allowed an error in measurement up to and including five hundred (500) feet when remeasured after an original license has been issued.

Added by Section 6, State Question No. 788, Initiative Petition No. 412, adopted at election held June 26, 2018, eff. July 26, 2018. Amended by Laws 2019, c. 509, § 3; Laws 2020, c. 161, § 46, emerg. eff. May 21, 2020; Laws 2021, c. 465, § 2, eff. Nov. 1, 2021; Laws 2021, c. 584, § 2, emerg. eff. May 28, 2021.

NOTE: Laws 2019, c. 378, § 2 repealed by Laws 2020, c. 161, § 47, emerg. eff. May 21, 2020.