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An Act
ENROLLED HOUSE
BILL NO. 3127 By: West (Kevin) of the House
and
Alvord and Bullard of the
Senate
An Act relating to medical marijuana; amending 63
O.S. 2021, Section 427.8, which relates to rights and
restrictions related to medical marijuana use and
possession; modifying exception to certain employer
mandate; implementing zero-tolerance policy for
certain applicants and employees; clarifying
exceptions to certain act and medical marijuana laws;
modifying scope of certain defined term; and
providing an effective date.
SUBJECT: Medical marijuana
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.8, is
amended to read as follows:
Section 427.8. A. The rights to possess the marijuana products
set forth in Section 420 of Title 63 of the Oklahoma Statutes this
title 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
this title or require patients or caregivers to obtain permits or
licenses in addition to the state-required licenses provided herein.
ENR. H. B. NO. 3127 Page 2
C. Nothing in this act or Section 420 et seq. of Title 63 of
the Oklahoma Statutes this title 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 this title.
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 his or her 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.
ENR. H. B. NO. 3127 Page 3
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
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 such action is taken pursuant to a
written drug and alcohol testing policy adopted and
enforced in accordance with the Standards for
Workplace Drug and Alcohol Testing Act, Section 551 et
seq. of Title 40 of the Oklahoma Statutes.
Notwithstanding any other provision of this section, an
applicant or employee employed in a safety-sensitive position, as
defined in subsection K of this section shall be subject to a zero-
tolerance drug and alcohol standard. This requirement shall apply
regardless of any employer policy permitting impairment-based
testing or alternative standards for positions not designated as
safety-sensitive.
I. Nothing in this act or Section 420 et seq. of Title 63 of
the Oklahoma Statutes this title shall:
1. Require an employer to permit or accommodate the use,
possession, sale, transfer, or being under the influence of medical
marijuana on the property or premises of any place of employment or
during hours of employment workplace or while performing job duties;
ENR. H. B. NO. 3127 Page 4
2. Require an employer, a government medical assistance
program, private health insurer, worker's workers' compensation
carrier or self-insured employer providing worker's workers'
compensation benefits to reimburse a person for costs associated
with the use of medical marijuana; or
3. Prevent Limit an employer from having employer's ability to
implement and enforce written drug and alcohol testing policies
regarding drug testing and impairment, including policies that
prohibit the use of marijuana in the workplace or while performing
job duties, 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" "Safety-sensitive position" means any job
that includes tasks or duties that the employer reasonably believes
could affect the safety and health of position in which the employee
performing the task or others including, but not limited to, any
performs one or more of the following duties, including, but not
limited to:
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
ENR. H. B. NO. 3127 Page 5
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
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
this title, commonly referred to as the "Smoking in Public Places
and Indoor Workplaces Act".
SECTION 2. This act shall become effective November 1, 2026.
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Passed the House of Representatives the 24th day of March, 2026.
Presiding Officer of the House
of Representatives
Passed the Senate the 15th day of April, 2026.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________