{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-425","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-425","heading":"Discrimination protection for license holders — Zoning —","body":"Location near schools.\n\nA. No school or landlord may refuse to enroll or lease to and\n\nmay not otherwise penalize a person solely for his or her status as\n\na licensed medical marijuana patient, unless failing to do so would\n\ncause the school or landlord the potential to lose a monetary or\n\nlicensing-related benefit under federal law or regulations.\n\nB. 1. Unless a failure to do so would cause an employer the\n\npotential to lose a monetary or licensing-related benefit under\n\nfederal law or regulations, an employer may not discriminate against\n\na person in hiring, termination or imposing any term or condition of\n\nemployment or otherwise penalize a person based upon the status of\n\nthe person as a licensed medical marijuana patient.\n\n2. Employers may take action against a licensed medical\n\nmarijuana patient if the licensed medical marijuana patient uses or\n\npossesses marijuana while in his or her place of employment or\n\nduring the hours of employment. Employers may not take action\n\nagainst the licensed medical marijuana patient solely based upon the\n\nstatus of an employee as a licensed medical marijuana patient or the\n\nresults of a drug test showing positive for marijuana or its\n\ncomponents.\n\nC. For the purposes of medical care, including organ\n\ntransplants, the authorized use of marijuana by a licensed medical\n\nmarijuana patient shall be considered the equivalent of the use of\n\nany other medication under the direction of a physician and does not\n\nconstitute the use of an illicit substance or otherwise disqualify a\n\nregistered qualifying patient from medical care.\n\nD. No licensed medical marijuana patient may be denied custody\n\nof or visitation or parenting time with a minor child, and there is\n\nno presumption of neglect or child endangerment for conduct allowed\n\nunder this law, unless the behavior of the person creates an\n\nunreasonable danger to the safety of the minor child.\n\nE. No licensed medical marijuana patient may unduly be withheld\n\nfrom holding a state-issued license by virtue of their being a\n\nlicensed medical marijuana patient including, but not limited to, a\n\nconcealed carry permit.\n\nF. 1. No city or local municipality may unduly change or\n\nrestrict zoning laws to prevent the opening of a medical marijuana\n\ndispensary.\n\n2. For purposes of this subsection, an undue change or\n\nrestriction of municipal zoning laws means an act which entirely\n\nprevents medical marijuana dispensaries from operating within\n\nmunicipal boundaries as a matter of law. Municipalities may follow\n\ntheir standard planning and zoning procedures to determine if\n\ncertain zones or districts would be appropriate for locating\n\nmarijuana-licensed premises, medical marijuana businesses or any\n\nother premises where marijuana or its by-products are cultivated,\n\ngrown, processed, stored or manufactured.\n\n3. For purposes of this section, a medical marijuana dispensary\n\ndoes not include those other entities licensed by the Oklahoma\n\nMedical Marijuana Authority as marijuana-licensed premises, medical\n\nmarijuana businesses or other facilities or locations where\n\nmarijuana or any product containing marijuana or its by-products are\n\ncultivated, grown, processed, stored or manufactured.\n\nG. 1. Except as otherwise provided in this subsection, the\n\nlocation of any medical marijuana dispensary is specifically\n\nprohibited within one thousand (1,000) feet of any school entrance.\n\nOn and after the effective date of this act, for purposes of\n\ncalculating the 1,000-foot setback distance, the measurement shall\n\nbe determined by calculating the distance in a straight line from\n\nthe school door nearest the front door of the retail marijuana\n\ndispensary to the front door of the retail marijuana dispensary.\n\n2. On and after June 26, 2018, if any school is established\n\nwithin one thousand (1,000) feet of any retail marijuana dispensary\n\nafter a license has been issued by the Authority for that location,\nhall\n\nbe determined by calculating the distance in a straight line from\n\nthe school door nearest the front door of the retail marijuana\n\ndispensary to the front door of the retail marijuana dispensary.\n\n2. On and after June 26, 2018, if any school is established\n\nwithin one thousand (1,000) feet of any retail marijuana dispensary\n\nafter a license has been issued by the Authority for that location,\n\nthe setback distance between properties shall not apply as long as\n\nthe licensed property is used for its original licensed purpose.\n\nThe licensed location shall be grandfathered in as to the setback\n\ndistance as long as the property is used in accordance with the\n\noriginal licensed purpose.\n\n3. On and after June 26, 2018, the Authority, due to an error\n\nin measurement of the setback distance or failure to measure the\n\nsetback distance by the Authority prior to issuance of an original\n\nlicense at a location, shall not:\n\na. deny any issuance or renewal of a license at that\n\nlocation,\n\nb. deny any transfer of license pursuant to a change in\n\nownership at that location, or\n\nc. revoke any license due to an error in measurement or\n\nfailure to measure the setback distance, except as\n\notherwise provided by law.\n\nThe retail marijuana dispensary shall be grandfathered in as to\n\nthe setback distance, subject only to the municipal compliance\n\nprovisions of Section 426.1 of this title.\n\n4. For purposes of this subsection and subsection H of this\n\nsection:\n\na. “school” means the same as defined in Section 427.2 of\n\nthis title, and\n\nb. “error in measurement” means a mistake made by the\n\nAuthority or a municipality in the setback measurement\n\nprocess where either the distance between a retail\n\nmarijuana dispensary and a school is miscalculated due\n\nto mathematical error or the method used to measure\n\nthe setback distance is inconsistent with this\n\nsection. The setback measurement process is allowed\n\nan error in measurement up to and including five\n\nhundred (500) feet when remeasured after an original\n\nlicense has been issued.\n\nH. The location of any medical marijuana commercial grower\n\nshall not be within one thousand (1,000) feet of any school as\n\nmeasured from the nearest property line of such school to the\n\nnearest property line of the licensed premises of such medical\n\nmarijuana commercial grower. Additionally, the location of the\n\nmedical marijuana commercial grower shall not adjoin to any school\n\nor be located at the same physical address as the school. If a\n\nmedical marijuana commercial grower met the requirements of this\n\nsubsection at the time of its initial licensure, the medical\n\nmarijuana commercial grower licensee shall be permitted to continue\n\noperating at the licensed premises in the same manner and not be\n\nsubject to nonrenewal or revocation due to subsequent events or\n\nchanges in regulations occurring after licensure that would render\n\nthe medical marijuana commercial grower in violation of this\n\nsubsection. If any school is established within one thousand\n\n(1,000) feet of any medical marijuana commercial grower after such\n\nmedical marijuana commercial grower has been licensed, or if any\n\nschool is established adjoining to or at the same physical address\n\nas any medical marijuana commercial grower after such medical\n\nmarijuana commercial grower has been licensed, the provisions of\n\nthis subsection shall not be a deterrent to the renewal of such\n\nlicense or warrant revocation of the license. For purposes of this\n\nsubsection, a property owned, used, or operated by a school that is\n\nnot used for classroom instruction on core curriculum, such as an\n\nadministrative building, athletic facility, ballpark, field, or\n\nstadium, shall not constitute a school unless such property is\n\nlocated on the same campus as a building used for classroom\n\ninstruction on core curriculum.\n\nAdded by Section 6, State Question No. 788, Initiative Petition No.\ned, used, or operated by a school that is\n\nnot used for classroom instruction on core curriculum, such as an\n\nadministrative building, athletic facility, ballpark, field, or\n\nstadium, shall not constitute a school unless such property is\n\nlocated on the same campus as a building used for classroom\n\ninstruction on core curriculum.\n\nAdded by Section 6, State Question No. 788, Initiative Petition No.\n\n412, adopted at election held June 26, 2018, eff. July 26, 2018.","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":"5c2e69dd4e2126418645579b5c2ecf73f9f4ad690e76ce1c6486f9bf22cd3760","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-424","next":"us-ok/okla.-stat.-tit.-63-63-4251"},"notice":"GroundRules: Original legal text. Not legal advice."}