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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 1714 By: Bennett
AS INTRODUCED
An Act relating to employment of individuals who
lawfully consume cannabis; defining term; providing
protection for employment; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 427.28a of Title 63, unless
there is created a duplication in numbering, reads as follows:
A. For the purposes of this section, "cannabis" means all parts
of the plant Cannabis sativa L., whether growing or not; the seeds
thereof; the resin extracted from any part of such plant; and every
compound, manufacture, salt, derivative, mixture or preparation of
such plant, its seeds or resin, but shall not include:
1. The mature stalks of such plant or fiber produced from such
stalks;
2. Oil or cake made from the seeds of such plant, including
cannabidiol derived from the seeds of the marijuana plant;
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3. Any other compound, manufacture, salt, derivative, mixture
or preparation of such mature stalks (except the resin extracted
therefrom), including cannabidiol derived from mature stalks, fiber,
oil or cake;
4. The sterilized seed of such plant which is incapable of
germination;
5. For any person participating in a clinical trial to
administer cannabidiol for the treatment of severe forms of epilepsy
pursuant to Section 2-802 of Title 63 of the Oklahoma Statutes, a
drug or substance approved by the federal Food and Drug
Administration for use by those participants;
6. For any person or the parents, legal guardians or caretakers
of the person who have received a written certification from a
physician licensed in this state that the person has been diagnosed
by a physician as having Lennox-Gastaut syndrome, Dravet syndrome,
also known as severe myoclonic epilepsy of infancy, or any other
severe form of epilepsy that is not adequately treated by
traditional medical therapies, spasticity due to multiple sclerosis
or due to paraplegia, intractable nausea and vomiting, appetite
stimulation with chronic wasting diseases, the substance
cannabidiol, a nonpsychoactive cannabinoid, found in the plant
Cannabis sativa L. or any other preparation thereof, that has a
tetrahydrocannabinol concentration not more than three-tenths of one
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percent (0.3%) and that is delivered to the patient in the form of a
liquid;
7. Any federal Food and Drug Administration-approved drug or
substance; or
8. Industrial hemp, from the plant Cannabis sativa L. and any
part of such plant, whether growing or not, with a delta-9
tetrahydrocannabinol concentration not more than three-tenths of one
percent (0.3%) on a dry-weight basis which shall only be grown
pursuant to the Oklahoma Industrial Hemp Program and may be shipped
intrastate and interstate.
B. It is unlawful for an employer to discriminate against a
person in the initial hiring for employment if the discrimination is
based upon:
1. The person's use of cannabis off the job and away from the
workplace; or
2. An employer-required drug screening test that has found the
person to have nonpsychoactive cannabis metabolites in his or her
hair, blood, urine, or other bodily fluids.
C. Nothing in this subsection:
1. Prohibits an employer from basing initial hiring decisions
on scientifically valid drug screening conducted through methods
that do not screen for nonpsychoactive cannabis metabolites;
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2. Affects the rights or obligations of an employer to maintain
a drug- and alcohol-free workplace, or any other rights or
obligations of an employer required by federal law or regulation; or
3. Applies to testing for controlled substances other than
preemployment, such as post-accident testing or testing because of a
suspicion of impairment or being under the influence of alcohol,
controlled substances, medications, or other substances.
D. This section does not apply to an applicant applying for a
position that requires a federal government background investigation
or security clearance or in the airline or aerospace industries, or
any other safety sensitive position for which impairment while
working presents a substantial risk of death. Such safety sensitive
positions shall be identified by the employer prior to the
applicant's application for employment.
E. 1. This section does not preempt state or federal laws
requiring an applicant to be tested for controlled substances. This
includes state or federal laws requiring applicants to be tested, or
the way they are tested, as a condition of employment, receiving
federal funding or federal licensing-related benefits, or as
required by a federal contract.
2. Employers may require an applicant to be tested for a
spectrum of controlled substances, which may include cannabis, as
long as the cannabis results are not provided to the employer. Such
policies are fully subject to subsection B of this section.
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SECTION 2. This act shall become effective November 1, 2025.
60-1-11190 TJ 01/07/25