Passed on June 26, 2018, this new law provides physicians broad discretion in prescribing medical marijuana to patients. Effective thirty days later on July 26, 2018, the law will permit license holders in Oklahoma to legally possess three ounces or less on their person and eight ounces or less in their residence. Eligible applicants must be 18 years of age or older however, there are circumstances under which someone younger may qualify to apply for a license.
All medical marijuana license applications must be executed by an Oklahoma Board-certified physician but unlike other states, there is no "qualifying medical conditions" requirement. Physicians are permitted to recommend a license based on "the accepted standards a reasonable and prudent physician would follow when recommending or approving any medication."
Most notable for employers, the law includes anti-discrimination provisions that will protect medical marijuana license holders in the employment context. Specifically, 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 hiring, termination, or imposing any term or condition of employment or otherwise penalize a person" based on the individual's status as a medical marijuana license holder. Additionally, employers may not take action against the holder of a medical marijuana license solely based upon the status of the employee as a medical marijuana license holder or the results of a drug test showing positive for marijuana or its components.
Employers may take action against a holder of a medical marijuana license if the holder uses or possesses marijuana while in the holder's place of employment or during the hours of employment.
The Oklahoma State Department of Health has been charged with posting applications for medical marijuana licenses/caregiver licenses, dispensary licenses, commercial grower licenses and processing licenses to its website by July 26, 2018. By Aug. 25, 2018, the office is required to have established a regulatory division capable of receiving and processing applications that are required to be approved or denied within 14 days of receipt. Licenses will be valid for two years however, 30-day temporary licenses will also be offered.
Oklahoma is now added to the growing list of states that have legalized medical marijuana and have explicitly provided medical marijuana users with protections in the employment context. Twelve other states have similar anti-discrimination or reasonable accommodation provisions within their medical marijuana laws: Arkansas, Arizona, Connecticut, Delaware, Illinois, Maine, Minnesota, Nevada, New York, Pennsylvania, Rhode Island and West Virginia. These state laws and requirements conflict with federal laws and regulations, which still classify marijuana as a Schedule I drug, rendering it illegal under federal law. Thus, employers in Oklahoma would be well advised to consult with competent legal counsel and to review and revise drug screening policies and practices as necessary.
Additional information on medical marijuana and employment drug screening is available in our White Paper.
Source: Jackson Lewis P.C., 6/29/2018
Posted: July 3, 2018