1 STATE OF OKLAHOMA
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2 1st Session of the 59th Legislature (2023)
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3 SENATE BILL 801 By: Coleman
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6 AS INTRODUCED
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7 An Act relating to medical marijuana; amending 63
7 O.S. 2021, Section 425, as last amended by Section 5,
8 Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022, Section
8 425), which relates to discrimination against license
9 holder; allowing for municipalities to modify their
9 planning or zoning procedures to determine or forbid
10 medical marijuana business from operating in certain
10 areas; and providing an effective date.
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13 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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14 SECTION 1. AMENDATORY 63 O.S. 2021, Section 425, as last
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15 amended by Section 5, Chapter 251, O.S.L. 2022 (63 O.S. Supp. 2022,
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16 Section 425), is amended to read as follows:
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17 Section 425. A. No school or landlord may refuse to enroll or
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18 lease to and may not otherwise penalize a person solely for his or
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19 her status as a medical marijuana patient licensee, unless failing
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20 to do so would cause the school or landlord the potential to lose a
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21 monetary or licensing-related benefit under federal law or
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22 regulations.
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23 B. Unless a failure to do so would cause an employer the
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24 potential to lose a monetary or licensing-related benefit under
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 1 federal law or regulations, an employer may not discriminate against
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2 a person in hiring, termination or imposing any term or condition of
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3 employment or otherwise penalize a person based upon the status of
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4 the person as a medical marijuana patient licensee. Employers may
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5 take action against a medical marijuana patient licensee if the
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6 licensee uses or possesses marijuana while in his or her place of
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7 employment or during the hours of employment. Employers may not
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8 take action against a medical marijuana patient licensee solely
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9 based upon the status of an employee as a medical marijuana patient
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10 licensee or the results of a drug test showing positive for
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11 marijuana or its components.
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12 C. For the purposes of medical care including organ
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13 transplants, the authorized use of marijuana by a medical marijuana
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14 patient licensee shall be considered the equivalent of the use of
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15 any other medication under the direction of a physician and does not
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16 constitute the use of an illicit substance or otherwise disqualify a
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17 registered qualifying patient from medical care.
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18 D. No medical marijuana patient licensee may be denied custody
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19 of or visitation or parenting time with a minor child, and there is
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20 no presumption of neglect or child endangerment for conduct allowed
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21 under this law unless the behavior of the medical marijuana patient
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22 licensee creates an unreasonable danger to the safety of the minor
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23 child.
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 1 E. No person who possesses a medical marijuana patient license
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2 may be unduly withheld from holding another state-issued license by
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3 virtue of his or her status as a medical marijuana patient licensee
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4 including, but not limited to, a concealed carry permit.
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5 F. 1. No city or local municipality may unduly change or
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6 restrict zoning laws to prevent the opening of a medical marijuana
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7 dispensary.
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8 2. For purposes of this subsection, an undue change or
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9 restriction of municipal zoning laws means an act which entirely
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10 prevents medical marijuana dispensaries from operating within
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11 municipal boundaries as a matter of law. Municipalities After the
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12 effective date of this act, municipalities may follow modify their
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13 standard planning and zoning procedures to determine if or forbid
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14 certain zones or districts would be appropriate for locating within
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15 the municipality for the operation of a marijuana-licensed premises,
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16 medical marijuana businesses, or any other premises where marijuana
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17 or its by-products are cultivated, grown, processed, stored, or
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18 manufactured; provided, any medical marijuana businesses licensed
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19 prior to the effective date of this act may continue to operate
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20 until such time they are no longer licensed by the Authority.
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21 3. A medical marijuana dispensary does not include those other
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22 entities licensed by the Oklahoma Medical Marijuana Authority as
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23 marijuana-licensed premises, medical marijuana businesses or other
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24 facilities or locations where marijuana or any product containing
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 1 marijuana or its by-products are cultivated, grown, processed,
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2 stored or manufactured.
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3 G. The location of any medical marijuana dispensary is
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4 specifically prohibited within one thousand (1,000) feet of any
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5 public school or private school. The distance indicated in this
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6 subsection shall be measured from the nearest property line of such
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7 public school or private school to the nearest perimeter wall of the
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8 licensed premises of such medical marijuana dispensary. If a
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9 medical marijuana dispensary met the requirements of this subsection
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10 at the time of its initial licensure, the medical marijuana
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11 dispensary licensee shall be permitted to continue operating at the
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12 licensed premises in the same manner and not be subject to
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13 nonrenewal or revocation due to subsequent events or changes in
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14 regulations occurring after licensure that would render the medical
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15 marijuana dispensary in violation by being within one thousand
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16 (1,000) feet of a public school or private school. If any public
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17 school or private school is established within one thousand (1,000)
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18 feet of any medical marijuana dispensary after such medical
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19 marijuana dispensary has been licensed, the provisions of this
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20 subsection shall not be a deterrent to the renewal of such license
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21 or warrant revocation of the license. For purposes of this
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22 subsection, a property owned, used or operated by a public school or
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23 by a private school that is not used for classroom instruction on
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24 core curriculum, such as an administrative building, athletic
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 1 facility, ballpark, field or stadium, shall not constitute a public
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2 school or private school unless such property is located on the same
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3 campus as a building used for classroom instruction on core
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4 curriculum.
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5 H. Research shall be provided for under this law. A researcher
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6 may apply to the Oklahoma Medical Marijuana Authority for a special
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7 research license. The research license shall be granted, provided
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8 the applicant meets the criteria listed in the Oklahoma Medical
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9 Marijuana and Patient Protection Act. Research licensees shall be
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10 required to file monthly consumption reports to the Authority with
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11 amounts of marijuana used for research. Biomedical and clinical
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12 research which is subject to federal regulations and institutional
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13 oversight shall not be subject to oversight by the Authority.
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14 SECTION 2. This act shall become effective November 1, 2023.
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16 59-1-548 MR 1/18/2023 9:29:24 PM
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Statutes affected:
Introduced: 63-425
Senate Committee Substitute for House Bill: 63-427.3
Senate Committee Substitute: 63-425
Floor (House): 63-427.3
Floor (Senate): 63-425
Engrossed: 63-425
Amended And Engrossed: 63-427.3, 63-425