{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-1523","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-1523","heading":"Smoking in certain places prohibited - Exemptions","body":"A. Except as specifically provided in the Smoking in Public\n\nPlaces and Indoor Workplaces Act, no person shall smoke tobacco or\n\nmarijuana or vape marijuana in a public place, in any part of a zoo\n\nto which the public may be admitted, whether indoors or outdoors, in\n\nan indoor workplace, in any vehicle providing public transportation,\n\nat a meeting of a public body, in a nursing facility licensed\n\npursuant to the Nursing Home Care Act, or in a child care facility\n\nlicensed pursuant to the Oklahoma Child Care Facilities Licensing\n\nAct. A nursing facility licensed pursuant to the Nursing Home Care\n\nAct may designate tobacco smoking rooms for residents and their\n\nguests. Such rooms shall be fully enclosed, directly exhausted to\n\nthe outside, and shall be under negative air pressure so that no\n\ntobacco smoke can escape when a door is opened and no air is\n\nrecirculated to nonsmoking areas of the building. Commercial\n\nairport operators may prohibit the use of lighted tobacco or lighted\n\nmarijuana or the vaping of marijuana in any area that is open to or\n\nused by the public whether located indoors or outdoors, provided\n\nthat the outdoor area is within one hundred seventy-five (175) feet\n\nfrom an entrance.\n\nB. 1. Except as otherwise provided in paragraph 2 of this\n\nsubsection, a technology center school district which offers an\n\nearly childhood education program or in which children in grades\n\nkindergarten through twelve are educated shall prohibit tobacco or\n\nmarijuana smoking or marijuana vaping, the use of marijuana\n\nproducts, snuff, chewing tobacco or any other form of tobacco\n\nproduct in the educational facility buildings and on the grounds of\n\nthe facility by all persons including, but not limited to, full-\n\ntime, part-time, and contract employees, during the hours of 7:00\n\na.m. to 4:00 p.m., during the school session, or when class or any\n\nprogram established for students is in session.\n\n2. A technology center school district may designate tobacco\n\nsmoking areas outside of buildings, away from general traffic areas\n\nand completely out of sight of children under eighteen (18) years of\n\nage, for use by adults attending training courses, sessions,\n\nmeetings or seminars.\n\n3. A technology center school district or college or university\n\nmay designate tobacco smoking areas outside the educational facility\n\nbuildings for the use of adults during certain activities or\n\nfunctions, including, but not limited to, athletic contests.\n\n4. Smoking tobacco or marijuana or vaping marijuana shall be\n\nprohibited in an educational facility as defined in the 24/7\n\nTobacco-free Schools Act and as provided for in Section 1210.213 of\n\nTitle 70 of the Oklahoma Statutes.\n\nC. Nothing in this section shall be construed to prohibit\n\neducational facilities from having more restrictive policies\n\nregarding tobacco or marijuana smoking or marijuana vaping and the\n\nuse of other marijuana or tobacco products in the buildings or on\n\nthe grounds of the facility.\n\nD. A private residence is not a \"public place\" within the\n\nmeaning of the Smoking in Public Places and Indoor Workplaces Act\n\nexcept that areas in a private residence that are used as a licensed\n\nchild care facility during hours of operation are \"public places\"\n\nwithin the meaning of the Smoking in Public Places and Indoor\n\nWorkplaces Act.\n\nE. Smoking tobacco or marijuana or vaping marijuana is\n\nprohibited in all vehicles owned by the State of Oklahoma and all of\n\nits agencies and instrumentalities.\n\nF. Veterans centers operated by this state pursuant to the\n\nprovisions of Section 221 et seq. of Title 72 of the Oklahoma\n\nStatutes shall be designated nonsmoking effective January 1, 2015,\n\nat which time veterans centers may establish outdoor designated\n\nsmoking areas for resident veterans only. Smoking tobacco shall\n\nonly be allowed in designated outdoor smoking areas.\nealth and Safety Page 636\n\nF. Veterans centers operated by this state pursuant to the\n\nprovisions of Section 221 et seq. of Title 72 of the Oklahoma\n\nStatutes shall be designated nonsmoking effective January 1, 2015,\n\nat which time veterans centers may establish outdoor designated\n\nsmoking areas for resident veterans only. Smoking tobacco shall\n\nonly be allowed in designated outdoor smoking areas.\n\nG. An employer not otherwise restricted from doing so may elect\n\nto provide tobacco smoking rooms where no work is performed except\n\nfor cleaning and maintenance during the time the room is not in use\n\nfor tobacco smoking, provided each tobacco smoking room is fully\n\nenclosed and exhausted directly to the outside, in such manner that\n\nno tobacco smoke can drift or circulate into a nonsmoking area. No\n\nexhaust from a tobacco smoking room shall be located within fifteen\n\n(15) feet of any entrance, exit or air intake. If tobacco smoking\n\nis to be permitted in any space exempted in subsection H of this\n\nsection or in a tobacco smoking room pursuant to subsection I of\n\nthis section, such tobacco smoking space must either occupy the\n\nentire enclosed indoor space or, if it shares the enclosed space\n\nwith any nonsmoking areas, the tobacco smoking space shall be fully\n\nenclosed, exhausted directly to the outside with no air from the\n\ntobacco smoking space circulated to any nonsmoking area, and under\n\nnegative air pressure so that no tobacco smoke can drift or\n\ncirculate into a nonsmoking area when a door to an adjacent\n\nnonsmoking area is opened. Air from a tobacco smoking room shall\n\nnot be exhausted within fifteen (15) feet of any entrance, exit or\n\nair intake.\n\nH. The Smoking in Public Places and Indoor Workplaces Act shall\n\nnot prohibit tobacco smoking in:\n\n1. Stand-alone bars, stand-alone taverns or cigar bars;\n\n2. The room or rooms where licensed charitable bingo games are\n\nbeing operated, but only during the hours of operation of such\n\ngames;\n\n3. Up to twenty-five percent (25%) of the guest rooms at a\n\nhotel or other lodging establishment;\n\n4. Retail tobacco stores predominantly engaged in the sale of\n\ntobacco products and accessories and in which the sale of other\n\nproducts is merely incidental and in which no food or beverage is\n\nsold or served for consumption on the premises;\n\n5. Workplaces where only the owner or operator of the\n\nworkplace, or the immediate family of the owner or operator,\n\nperforms any work in the workplace, and the workplace has only\n\nincidental public access;\n\n6. Workplaces occupied exclusively by one or more tobacco\n\nsmokers, if the workplace has only incidental public access.\n\n\"Incidental public access\" means that a place of business has only\n\nan occasional person, who is not an employee, present at the\n\nbusiness to transact business or make a delivery. It does not\n\ninclude businesses that depend on walk-in customers for any part of\n\ntheir business;\n\n7. Private offices occupied exclusively by one or more smokers;\n\n8. Workplaces within private residences, except that smoking\n\ntobacco or marijuana or vaping marijuana shall not be allowed inside\n\nany private residence that is used as a licensed child care facility\n\nduring hours of operation;\n\n9. A facility operated by a post or organization of past or\n\npresent members of the Armed Forces of the United States which is\n\nexempt from taxation pursuant to Sections 501(c)(8), 501(c)(10) or\n\n501(c)(19) of the Internal Revenue Code, 26 U.S.C., Section\n\n501(c)(8), 501(c)(10) or 501(c)(19), when such facility is utilized\n\nexclusively by its members and their families and for the conduct of\n\npost or organization nonprofit operations except during an event or\n\nactivity which is open to the public;\n\n10. Any outdoor seating area of a restaurant; provided, tobacco\n\nor marijuana smoking or vaping marijuana shall not be allowed within\n\nfifteen (15) feet of any exterior public doorway or any air intake\nacility is utilized\n\nexclusively by its members and their families and for the conduct of\n\npost or organization nonprofit operations except during an event or\n\nactivity which is open to the public;\n\n10. Any outdoor seating area of a restaurant; provided, tobacco\n\nor marijuana smoking or vaping marijuana shall not be allowed within\n\nfifteen (15) feet of any exterior public doorway or any air intake\n\nof a restaurant; and\n\n11. Medical research or treatment centers, if tobacco smoking\n\nis integral to the research or treatment. Furthermore, the\n\nrestrictions on smoking or vaping of marijuana provided in this\n\nsection shall not apply to medical research or treatment centers, if\n\nmarijuana smoking or vaping is integral to the research or\n\ntreatment.\n\nI. Notwithstanding any other provision of the Smoking in Public\n\nPlaces and Indoor Workplaces Act, until March 1, 2006, restaurants\n\nmay have designated tobacco smoking and nonsmoking areas or may be\n\ndesignated as being a totally nonsmoking area. Beginning March 1,\n\n2006, restaurants shall be totally nonsmoking or may provide\n\nnonsmoking areas and designated tobacco smoking rooms. Food and\n\nbeverage may be served in such designated tobacco smoking rooms\n\nwhich shall be in a location which is fully enclosed, directly\n\nexhausted to the outside, under negative air pressure so tobacco\n\nsmoke cannot escape when a door is opened, and no air is\n\nrecirculated to nonsmoking areas of the building. No exhaust from\n\nsuch room shall be located within twenty-five (25) feet of any\n\nentrance, exit or air intake. Such room shall be subject to\n\nverification for compliance with the provisions of this subsection\n\nby the State Department of Health.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"5c8ef4660c2f90557f3e302c97b1ded8b57f536ddc6b59e4e2278f1bee701d45","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-1522","next":"us-ok/okla.-stat.-tit.-63-63-1-1525"},"notice":"GroundRules: Original legal text. Not legal advice."}