1 STATE OF OKLAHOMA
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2 1st Session of the 58th Legislature (2021)
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3 SENATE BILL 1033 By: Leewright
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6 AS INTRODUCED
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7 An Act relating to medical marijuana; amending
7 Section 6, State Question No.788, Initiative Petition
8 No. 412, as last amended by Section 46, Chapter 161,
8 O.S.L. 2020 (63 O.S. Supp. 2020, Section 425), which
9 relates to retail marijuana establishments; providing
9 certain authorization; and providing an effective
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY Section No. 6, State Question No.
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15 788, Initiative Petition No. 412, as last amended by Section 46,
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16 Chapter 161, O.S.L. 2020 (63 O.S. Supp. 2020, Section 425), is
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17 amended to read as follows:
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18 Section 425. A. No school or landlord may refuse to enroll or
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19 lease to and may not otherwise penalize a person solely for his or
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20 her status as a medical marijuana license holder, unless failing to
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21 do so would cause the school or landlord the potential to lose a
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22 monetary or licensing-related benefit under federal law or
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23 regulations.
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 1 B. Unless a failure to do so would cause an employer the
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2 potential to lose a monetary or licensing-related benefit under
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3 federal law or regulations, an employer may not discriminate against
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4 a person in hiring, termination or imposing any term or condition of
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5 employment or otherwise penalize a person based upon either:
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6 1. The status of the person as a medical marijuana license
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7 holder; or
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8 2. Employers may take action against a holder of a medical
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9 marijuana license if the holder uses or possesses marijuana while in
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10 his or her place of employment or during the hours of employment.
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11 Employers may not take action against the holder of a medical
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12 marijuana license solely based upon the status of an employee as a
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13 medical marijuana license holder or the results of a drug test
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14 showing positive for marijuana or its components.
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15 C. For the purposes of medical care, including organ
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16 transplants, the authorized use of marijuana by a medical marijuana
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17 license holder shall be considered the equivalent of the use of any
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18 other medication under the direction of a physician and does not
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19 constitute the use of an illicit substance or otherwise disqualify a
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20 registered qualifying patient from medical care.
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21 D. No medical marijuana license holder may be denied custody of
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22 or visitation or parenting time with a minor, and there is no
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23 presumption of neglect or child endangerment for conduct allowed
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 1 under this law, unless the behavior of the person creates an
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2 unreasonable danger to the safety of the minor.
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3 E. No person holding a medical marijuana license may unduly be
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4 withheld from holding a state-issued license by virtue of their
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5 being a medical marijuana license holder including, but not limited
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6 to, a concealed carry permit.
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7 F. 1. No city or local municipality may unduly change or
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8 restrict zoning laws to prevent the opening of a retail marijuana
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9 establishment.
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10 2. For purposes of this subsection, an undue change or
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11 restriction of municipal zoning laws means an act which entirely
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12 prevents retail marijuana establishments from operating within
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13 municipal boundaries as a matter of law. Municipalities may follow
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14 their standard planning and zoning procedures to determine if
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15 certain zones or districts would be appropriate for locating
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16 marijuana-licensed premises, medical marijuana businesses or any
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17 other premises where marijuana or its by-products are cultivated,
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18 grown, processed, stored or manufactured.
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19 3. For purposes of this section, “retail marijuana
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20 establishment” means an entity licensed by the State Department of
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21 Health as a medical marijuana dispensary. Retail marijuana
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22 establishment does not include those other entities licensed by the
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23 Department as marijuana-licensed premises, medical marijuana
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24 businesses or other facilities or locations where marijuana or any
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 1 product containing marijuana or its by-products are cultivated,
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2 grown, processed, stored or manufactured.
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3 G. 1. The location of any retail marijuana establishment is
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4 specifically prohibited within one thousand (1,000) feet of any
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5 public or private school entrance.
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6 2. Notwithstanding the provisions of paragraph 1 of this
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7 subsection, a property on which a retail marijuana establishment,
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8 licensed in accordance with state law, was located prior to May 21,
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9 2020, shall be authorized to be within one thousand (1,000) feet of
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10 any public or private school entrance.
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11 H. Research shall be provided for under this law. A researcher
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12 may apply to the State Department of Health for a special research
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13 license. The license shall be granted, provided the applicant meets
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14 the criteria listed under subsection B of Section 421 of this title.
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15 Research license holders shall be required to file monthly
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16 consumption reports to the State Department of Health with amounts
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17 of marijuana used for research. Biomedical and clinical research
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18 which is subject to federal regulations and institutional oversight
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19 shall not be subject to State Department of Health oversight.
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20 SECTION 2. This act shall become effective November 1, 2021.
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22 58-1-1108 BG 1/21/2021 10:31:14 PM
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