Okla. Stat. tit. 63, § 63-425
This is the official text of Okla. Stat. tit. 63, § 63-425, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Discrimination protection for license holders — Zoning —
Official statutory text
Location near schools.
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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1109
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 Oklahoma
Medical Marijuana Authority 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. 1. Except as otherwise provided in this subsection, the
location of any medical 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.
2. 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,
hall
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.
2. 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.
3. 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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1110
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.
4. For purposes of this subsection and subsection H of this
section:
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.
H. The location of any medical marijuana commercial grower
shall not be within one thousand (1,000) feet of any school as
measured from the nearest property line of such school to the
nearest property line of the licensed premises of such medical
marijuana commercial grower. Additionally, the location of the
medical marijuana commercial grower shall not adjoin to any school
or be located at the same physical address as the school. If a
medical marijuana commercial grower met the requirements of this
subsection at the time of its initial licensure, the medical
marijuana commercial grower licensee shall be permitted to continue
operating at the licensed premises in the same manner and not be
subject to nonrenewal or revocation due to subsequent events or
changes in regulations occurring after licensure that would render
the medical marijuana commercial grower in violation of this
subsection. If any school is established within one thousand
(1,000) feet of any medical marijuana commercial grower after such
medical marijuana commercial grower has been licensed, or if any
school is established adjoining to or at the same physical address
as any medical marijuana commercial grower after such medical
marijuana commercial grower has been licensed, the provisions of
this subsection shall not be a deterrent to the renewal of such
license or warrant revocation of the license. For purposes of this
subsection, a property owned, used, or operated by a school that is
not used for classroom instruction on core curriculum, such as an
administrative building, athletic facility, ballpark, field, or
stadium, shall not constitute a school unless such property is
located on the same campus as a building used for classroom
instruction on core curriculum.
Added by Section 6, State Question No. 788, Initiative Petition No.
ed, used, or operated by a school that is
not used for classroom instruction on core curriculum, such as an
administrative building, athletic facility, ballpark, field, or
stadium, shall not constitute a school unless such property is
located on the same campus as a building used for classroom
instruction on core curriculum.
Added by Section 6, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1111
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
Oklahoma Statutes - Title 63. Public Health and Safety Page 1109
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 Oklahoma
Medical Marijuana Authority 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. 1. Except as otherwise provided in this subsection, the
location of any medical 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.
2. 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,
hall
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.
2. 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.
3. 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.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1110
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.
4. For purposes of this subsection and subsection H of this
section:
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.
H. The location of any medical marijuana commercial grower
shall not be within one thousand (1,000) feet of any school as
measured from the nearest property line of such school to the
nearest property line of the licensed premises of such medical
marijuana commercial grower. Additionally, the location of the
medical marijuana commercial grower shall not adjoin to any school
or be located at the same physical address as the school. If a
medical marijuana commercial grower met the requirements of this
subsection at the time of its initial licensure, the medical
marijuana commercial grower licensee shall be permitted to continue
operating at the licensed premises in the same manner and not be
subject to nonrenewal or revocation due to subsequent events or
changes in regulations occurring after licensure that would render
the medical marijuana commercial grower in violation of this
subsection. If any school is established within one thousand
(1,000) feet of any medical marijuana commercial grower after such
medical marijuana commercial grower has been licensed, or if any
school is established adjoining to or at the same physical address
as any medical marijuana commercial grower after such medical
marijuana commercial grower has been licensed, the provisions of
this subsection shall not be a deterrent to the renewal of such
license or warrant revocation of the license. For purposes of this
subsection, a property owned, used, or operated by a school that is
not used for classroom instruction on core curriculum, such as an
administrative building, athletic facility, ballpark, field, or
stadium, shall not constitute a school unless such property is
located on the same campus as a building used for classroom
instruction on core curriculum.
Added by Section 6, State Question No. 788, Initiative Petition No.
ed, used, or operated by a school that is
not used for classroom instruction on core curriculum, such as an
administrative building, athletic facility, ballpark, field, or
stadium, shall not constitute a school unless such property is
located on the same campus as a building used for classroom
instruction on core curriculum.
Added by Section 6, State Question No. 788, Initiative Petition No.
412, adopted at election held June 26, 2018, eff. July 26, 2018.
Oklahoma Statutes - Title 63. Public Health and Safety Page 1111
Status: in_force · Read it on the official government site
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