Update your policies by November 1: OK amends medical marijuana law

Oklahoma has again amended the employment provisions of the Oklahoma Medical Marijuana Act (OMMA), specifically Title 63, Section 427.8. The new law, House Bill 3127, passed in the House of Representatives on March 24 and in the Senate on April 15. Governor Kevin Stitt signed the bill into law on April 17. The new legislation involves significant changes to the OMMA’s employment and drug testing provisions, including a “zero-tolerance” standard for a job applicant or an employee in a safety-sensitive position.

Amended provisions affecting the workplace

The prior version of the OMMA provided that an employer couldn’t take adverse action against an applicant or employee solely based on a positive marijuana drug test unless: 

·     The individual didn’t have a valid medical marijuana license; 

·     The individual possessed, consumed, or was under the influence of marijuana at work; or 

·     The position was one the employer “reasonably believed” was “safety-sensitive.”