{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-427.8","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-427.8","heading":"Additional rights, restrictions and prohibitions related","body":"to medical marijuana use and possession.\n\nA. The rights to possess the marijuana products set forth in\n\nSection 420 of Title 63 of the Oklahoma Statutes are cumulative and\n\na duly licensed individual may possess at any one time the totality\n\nof the items listed therein and not be in violation of this act so\n\nlong as the individual holds a valid patient license or caregiver\n\nlicense.\n\nB. Municipal and county governing bodies may not enact medical\n\nmarijuana guidelines which restrict or interfere with the rights of\n\na licensed patient or caregiver to possess, purchase, cultivate or\n\ntransport medical marijuana within the legal limits set forth in\n\nthis act or Section 420 et seq. of Title 63 of the Oklahoma Statutes\n\nor require patients or caregivers to obtain permits or licenses in\n\naddition to the state-required licenses provided herein.\n\nC. Nothing in this act or Section 420 et seq. of Title 63 of\n\nthe Oklahoma Statutes shall prohibit a residential or commercial\n\nproperty or business owner from prohibiting the consumption of\n\nmedical marijuana or medical marijuana product by smoke or\n\nvaporization on the premises, within the structures of the premises\n\nor within ten (10) feet of the entryway to the premises. However, a\n\nmedical marijuana patient shall not be denied the right to consume\n\nor use other medical marijuana products which are otherwise legal\n\nand do not involve the smoking or vaporization of cannabis when\n\nlawfully recommended pursuant to Section 420 of Title 63 of the\n\nOklahoma Statutes.\n\nD. A medical marijuana patient or caregiver licensee shall not\n\nbe denied eligibility in public assistance programs including, but\n\nnot limited to, Medicaid, Supplemental Nutrition Assistance Program\n\n(SNAP), Women, Infants, and Children Nutrition Program (WIC),\n\nTemporary Assistance for Needy Families (TANF) or other such public\n\nassistance programs based solely on his or her status as a medical\n\nmarijuana patient or caregiver licensee, unless required by federal\n\nlaw.\n\nE. A medical marijuana patient or caregiver licensee shall not\n\nbe denied the right to own, purchase or possess a firearm,\n\nammunition, or firearm accessories based solely on his or her status\n\nas a medical marijuana patient or caregiver licensee. No state or\n\nlocal agency, municipal or county governing authority shall\n\nrestrict, revoke, suspend or otherwise infringe upon the right of a\n\nperson to own, purchase or possess a firearm, ammunition, or firearm\n\naccessories or any related firearms license or certification based\n\nsolely on their status as a medical marijuana patient or caregiver\n\nlicensee.\n\nF. A medical marijuana patient or caregiver in actual\n\npossession of a medical marijuana license shall not be subject to\n\narrest, prosecution or penalty in any manner or denied any right,\n\nprivilege or public assistance, under state law or municipal or\n\ncounty ordinance or resolution including without limitation a civil\n\npenalty or disciplinary action by a business, occupational or\n\nprofessional licensing board or bureau, for the medical use of\n\nmarijuana in accordance with this act.\n\nG. A government medical assistance program shall not be\n\nrequired to reimburse a person for costs associated with the medical\n\nuse of marijuana unless federal law requires reimbursement.\n\nH. Unless otherwise required by federal law or required to\n\nobtain federal funding:\n\n1. No employer may refuse to hire, discipline, discharge or\n\notherwise penalize an applicant or employee solely on the basis of\n\nsuch applicant's or employee's status as a medical marijuana\n\nlicensee; and\n\n2. No employer may refuse to hire, discipline, discharge or\n\notherwise penalize an applicant or employee solely on the basis of a\n\npositive test for marijuana components or metabolites, unless:\n\na. the applicant or employee is not in possession of a\n\nvalid medical marijuana license,\n\nb. the licensee possesses, consumes or is under the\nt's or employee's status as a medical marijuana\n\nlicensee; and\n\n2. No employer may refuse to hire, discipline, discharge or\n\notherwise penalize an applicant or employee solely on the basis of a\n\npositive test for marijuana components or metabolites, unless:\n\na. the applicant or employee is not in possession of a\n\nvalid medical marijuana license,\n\nb. the licensee possesses, consumes or is under the\n\ninfluence of medical marijuana or medical marijuana\n\nproduct while at the place of employment or during the\n\nfulfillment of employment obligations, or\n\nc. the position is one involving safety-sensitive job\n\nduties, as such term is defined in subsection K of\n\nthis section.\n\nI. Nothing in this act or Section 420 et seq. of Title 63 of\n\nthe Oklahoma Statutes shall:\n\n1. Require an employer to permit or accommodate the use of\n\nmedical marijuana on the property or premises of any place of\n\nemployment or during hours of employment;\n\n2. Require an employer, a government medical assistance\n\nprogram, private health insurer, worker's compensation carrier or\n\nself-insured employer providing worker's compensation benefits to\n\nreimburse a person for costs associated with the use of medical\n\nmarijuana; or\n\n3. Prevent an employer from having written policies regarding\n\ndrug testing and impairment in accordance with the Oklahoma\n\nStandards for Workplace Drug and Alcohol Testing Act, Section 551 et\n\nseq. of Title 40 of the Oklahoma Statutes.\n\nJ. Any applicant or employee aggrieved by a willful violation\n\nof this section shall have, as his or her exclusive remedy, the same\n\nremedies as provided for in the Oklahoma Standards for Workplace\n\nDrug and Alcohol Testing Act set forth in Section 563 of Title 40 of\n\nthe Oklahoma Statutes.\n\nK. As used in this section:\n\n1. \"Safety-sensitive\" means any job that includes tasks or\n\nduties that the employer reasonably believes could affect the safety\n\nand health of the employee performing the task or others including,\n\nbut not limited to, any of the following:\n\na. the handling, packaging, processing, storage, disposal\n\nor transport of hazardous materials,\n\nb. the operation of a motor vehicle, other vehicle,\n\nequipment, machinery or power tools,\n\nc. repairing, maintaining or monitoring the performance\n\nor operation of any equipment, machinery or\n\nmanufacturing process, the malfunction or disruption\n\nof which could result in injury or property damage,\n\nd. performing firefighting duties,\n\ne. the operation, maintenance or oversight of critical\n\nservices and infrastructure including, but not limited\n\nto, electric, gas, and water utilities, power\n\ngeneration or distribution,\n\nf. the extraction, compression, processing,\n\nmanufacturing, handling, packaging, storage, disposal,\n\ntreatment or transport of potentially volatile,\n\nflammable, combustible materials, elements, chemicals\n\nor any other highly regulated component,\n\ng. dispensing pharmaceuticals,\n\nh. carrying a firearm, or\n\ni. direct patient care or direct child care; and\n\n2. A \"positive test for marijuana components or metabolites\"\n\nmeans a result that is at or above the cutoff concentration level\n\nestablished by the United States Department of Transportation or\n\nOklahoma law regarding being under the influence, whichever is\n\nlower.\n\nL. All smokable, vaporized, vapable and e-cigarette medical\n\nmarijuana product inhaled through vaporization or smoked by a\n\nmedical marijuana licensee are subject to the same restrictions for\n\ntobacco under Section 1-1521 of Title 63 of the Oklahoma Statutes,\n\ncommonly referred to as the \"Smoking in Public Places and Indoor\n\nWorkplaces Act\".","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":"d001c0cee0e9315ca9d69a37ca8c4943773a22b31bb2f40bcdae8fb1d23f8caa","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-427.7","next":"us-ok/okla.-stat.-tit.-63-63-427.9"},"notice":"GroundRules: Original legal text. Not legal advice."}