Oklahoma has again amended the employment provisions of the Oklahoma Medical Marijuana Act (“OMMA”), specifically Title 63, Section 427.8. The new law, House Bill 3127, passed in the House of Representatives on March 24 and in the Senate on April 15. Governor Kevin Stitt signed the bill into law on April 17. The new legislation involves significant changes to the employment and drug testing provisions of the OMMA, including a “zero-tolerance” standard for a job applicant or employee in a safety-sensitive position.
The prior version of the OMMA provided an employer could not take adverse action against an applicant or employee solely due to a positive marijuana drug test unless: (1) the individual did not have a valid medical marijuana license; (2) the individual possessed, consumed, or was under the influence of marijuana at work; or (3) the position was one the employer “reasonably believed” was “safety-sensitive.” The new law retains the first two exceptions but now allows an employer to take adverse action for a positive drug test as long as the 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, 40 Okla. Stat. § 551 et seq. This gives employers considerably more latitude to take adverse action for a positive marijuana test, regardless of whether the position is safety sensitive or the employee has a valid...
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