Okla. Stat. tit. 63, § 63-427.8

to medical marijuana use and possession.

A. The rights to possess the marijuana products set forth in

Section 420 of Title 63 of the Oklahoma Statutes are cumulative and

a duly licensed individual may possess at any one time the totality

of the items listed therein and not be in violation of this act so

long as the individual holds a valid patient license or caregiver

license.

B. Municipal and county governing bodies may not enact medical

marijuana guidelines which restrict or interfere with the rights of

a licensed patient or caregiver to possess, purchase, cultivate or

transport medical marijuana within the legal limits set forth in

this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes

or require patients or caregivers to obtain permits or licenses in

addition to the state-required licenses provided herein.

C. Nothing in this act or Section 420 et seq. of Title 63 of

the Oklahoma Statutes shall prohibit a residential or commercial

property or business owner from prohibiting the consumption of

medical marijuana or medical marijuana product by smoke or

vaporization on the premises, within the structures of the premises

or within ten (10) feet of the entryway to the premises. However, a

medical marijuana patient shall not be denied the right to consume

or use other medical marijuana products which are otherwise legal

and do not involve the smoking or vaporization of cannabis when

lawfully recommended pursuant to Section 420 of Title 63 of the

Oklahoma Statutes.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1145

D. A medical marijuana patient or caregiver licensee shall not

be denied eligibility in public assistance programs including, but

not limited to, Medicaid, Supplemental Nutrition Assistance Program

(SNAP), Women, Infants, and Children Nutrition Program (WIC),

Temporary Assistance for Needy Families (TANF) or other such public

assistance programs based solely on his or her status as a medical

marijuana patient or caregiver licensee, unless required by federal

law.

E. A medical marijuana patient or caregiver licensee shall not

be denied the right to own, purchase or possess a firearm,

ammunition, or firearm accessories based solely on his or her status

as a medical marijuana patient or caregiver licensee. No state or

local agency, municipal or county governing authority shall

restrict, revoke, suspend or otherwise infringe upon the right of a

person to own, purchase or possess a firearm, ammunition, or firearm

accessories or any related firearms license or certification based

solely on their status as a medical marijuana patient or caregiver

licensee.

F. A medical marijuana patient or caregiver in actual

possession of a medical marijuana license shall not be subject to

arrest, prosecution or penalty in any manner or denied any right,

privilege or public assistance, under state law or municipal or

county ordinance or resolution including without limitation a civil

penalty or disciplinary action by a business, occupational or

professional licensing board or bureau, for the medical use of

marijuana in accordance with this act.

G. A government medical assistance program shall not be

required to reimburse a person for costs associated with the medical

use of marijuana unless federal law requires reimbursement.

H. Unless otherwise required by federal law or required to

obtain federal funding:

1. No employer may refuse to hire, discipline, discharge or

otherwise penalize an applicant or employee solely on the basis of

such applicant's or employee's status as a medical marijuana

licensee; and

2. No employer may refuse to hire, discipline, discharge or

otherwise penalize an applicant or employee solely on the basis of a

positive test for marijuana components or metabolites, unless:

a. the applicant or employee is not in possession of a

valid medical marijuana license,

b. the licensee possesses, consumes or is under the
t's or employee's status as a medical marijuana

licensee; and

2. No employer may refuse to hire, discipline, discharge or

otherwise penalize an applicant or employee solely on the basis of a

positive test for marijuana components or metabolites, unless:

a. the applicant or employee is not in possession of a

valid medical marijuana license,

b. the licensee possesses, consumes or is under the

influence of medical marijuana or medical marijuana

product while at the place of employment or during the

fulfillment of employment obligations, or

c. the position is one involving safety-sensitive job

duties, as such term is defined in subsection K of

this section.

Oklahoma Statutes - Title 63. Public Health and Safety Page 1146

I. Nothing in this act or Section 420 et seq. of Title 63 of

the Oklahoma Statutes shall:

1. Require an employer to permit or accommodate the use of

medical marijuana on the property or premises of any place of

employment or during hours of employment;

2. Require an employer, a government medical assistance

program, private health insurer, worker's compensation carrier or

self-insured employer providing worker's compensation benefits to

reimburse a person for costs associated with the use of medical

marijuana; or

3. Prevent an employer from having written policies regarding

drug testing and impairment in accordance with the Oklahoma

Standards for Workplace Drug and Alcohol Testing Act, Section 551 et

seq. of Title 40 of the Oklahoma Statutes.

J. Any applicant or employee aggrieved by a willful violation

of this section shall have, as his or her exclusive remedy, the same

remedies as provided for in the Oklahoma Standards for Workplace

Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of

the Oklahoma Statutes.

K. As used in this section:

1. "Safety-sensitive" means any job that includes tasks or

duties that the employer reasonably believes could affect the safety

and health of the employee performing the task or others including,

but not limited to, any of the following:

a. the handling, packaging, processing, storage, disposal

or transport of hazardous materials,

b. the operation of a motor vehicle, other vehicle,

equipment, machinery or power tools,

c. repairing, maintaining or monitoring the performance

or operation of any equipment, machinery or

manufacturing process, the malfunction or disruption

of which could result in injury or property damage,

d. performing firefighting duties,

e. the operation, maintenance or oversight of critical

services and infrastructure including, but not limited

to, electric, gas, and water utilities, power

generation or distribution,

f. the extraction, compression, processing,

manufacturing, handling, packaging, storage, disposal,

treatment or transport of potentially volatile,

flammable, combustible materials, elements, chemicals

or any other highly regulated component,

g. dispensing pharmaceuticals,

h. carrying a firearm, or

i. direct patient care or direct child care; and

2. A "positive test for marijuana components or metabolites"

means a result that is at or above the cutoff concentration level

Oklahoma Statutes - Title 63. Public Health and Safety Page 1147

established by the United States Department of Transportation or

Oklahoma law regarding being under the influence, whichever is

lower.

L. All smokable, vaporized, vapable and e-cigarette medical

marijuana product inhaled through vaporization or smoked by a

medical marijuana licensee are subject to the same restrictions for

tobacco under Section 1-1521 of Title 63 of the Oklahoma Statutes,

commonly referred to as the "Smoking in Public Places and Indoor

Workplaces Act".