Signed by Governor Kevin Stitt

Vote Smart's Synopsis:

Vote to pass a bill that establishes rules and regulations regarding medical marijuana.

Highlights:

• Establishes the Oklahoma Medical Marijuana Authority (OMMA) as a branch of the Oklahoma Department of Health (Sec. 4).

• Prohibits the executive director of the OMMA from having direct or indirect interest in a licensed medical marijuana business, or from having a spouse, parent, sibling, child, or spouse of a child that has a medical marijuana business license pending before the Department (Sec. 4).

• Establishes the “Oklahoma Medical Marijuana Authority Revolving Fund” which will be made up of fees and fines collected by the Oklahoma Medical Marijuana Authority (Sec. 5).

• Requires that twice per year the Department of Health perform on-site assessments of a licensee or applicant for any medical marijuana business license issued under this act to determine compliance with this act (Sec. 6).

• Specifies that a licensee or applicant for any medical marijuana business license will be given 24 hours notice prior to inspection unless the Departments believes that notice will result in the destruction of evidence (Sec. 6).

• Authorizes the Department to take disciplinary action if it is determined that an applicant or licensee is not adhering to the terms and conditions required under this act (Sec. 6).

• Prohibits employers from refusing to hire, discipline, discharge, or otherwise penalize an applicant or employee solely on the basis of a positive test for marijuana, unless (Sec. 7):

• The applicant or employee is not in possession of a valid medical marijuana license;

• The licensee possesses, consumes or is under the influence of medical marijuana while at the place of employment; or

• The position involves “safety-sensitive” job duties.

• Defines “safety-sensitive” as any job that includes the task or duties that the employer reasonably believes could affect the safety and health of the employee performing the task, including, but not limited to (Sec. 8):

• The handling, packaging, and disposal of hazardous materials;

• The operation of a motor vehicles, equipment, machinery or power tools;

• Repairing, maintaining, or monitoring oversight of critical services and infrastructure;

• Performing firefighting duties or carrying a firearm; or

• Direct patient care, child care, or dispensing pharmaceuticals.

• Specifies that the OMMA will create a medical marijuana use registry of patients and caregivers within the state of Oklahoma which shall be accessible to Oklahoma-licensed medical marijuana dispensaries (Sec. 7).

• Prohibits medical marijuana patients and caregiver licensee’s from being denied from the following public assistance programs, including (Sec. 8):

• Medicaid or the Supplemental Nutrition Assistance Program;

• Women, Infants, and Children Nutrition Program; or

• The Temporary Assistance for Needy Families.

• Specifies that a government medical assistance program will not be required to reimburse a person for costs associated with the medical use of marijuana unless federal law requires reimbursement (Sec. 8).

• Specifies that nothing in this act will prohibit a medical marijuana patient or caregiver licensee from owning, purchasing, or possessing a firearm, ammunition, or firearm accessory (Sec. 8).

• Requires all smokable, vaporized, vapable, and e-cigarette medical marijuana products inhaled through vaporization or smoked by a medical marijuana licensee be subject to the same restrictions for tobacco (Sec. 9).

• Establishes in the state of Oklahoma a medical marijuana business license which will be available on the state website for medical marijuana and will include the following categories (Sec. 14):

• Medical marijuana commercial grower;

• Medical marijuana processor;

• Medical marijuana dispensary;

• Medical marijuana transporter; and

• Medical marijuana testing laboratory.

• Specifies that the OMMA will contract with a private laboratory for compliance testing of medical marijuana and prohibits owners of private laboratories from owning medical marijuana dispensaries, being a commercial grower, or from being a commercial processor or owner of a business laboratory (Sec. 17).

Full Bill Text