Oklahoma § 63-425 - Discrimination protection for license holders — Zoning —

§ 63-425. Discrimination protection for license holders — Zoning —

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

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,

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

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.

412, adopted at election held June 26, 2018, eff. July 26, 2018.

Oklahoma Statutes - Title 63. Public Health and Safety

Amended by Laws 2019, c. 509, § 3; Laws 2020, c. 161, § 46, emerg.

eff. May 21, 2020; Laws 2021, c. 465, § 2, eff. Nov. 1, 2021; Laws

2021, c. 584, § 2, emerg. eff. May 28, 2021; Laws 2024, c. 182, §

10, emerg. eff. April 26, 2024.

NOTE: Laws 2019, c. 378, § 2 repealed by Laws 2020, c. 161, § 47,

emerg. eff. May 21, 2020.