Medical Marijuana Now Legal in Oklahoma

Author: David B. Weisenfeld, XpertHR Legal Editor

July 27, 2018

Effective July 26, medical marijuana is legal in Oklahoma. Under the voter-approved law, employers may not discriminate against any registered medical marijuana user in hiring, termination or any other terms or conditions of employment.

The new law also prohibits employers from taking any adverse action based on a positive drug test for marijuana, or its components, against an individual who is a medical marijuana license holder. However, Oklahoma employers remain free to prohibit marijuana use on the job and to ban employees from being under the influence in the workplace.

The Oklahoma Medical Marijuana Authority is expected to begin accepting applications for medical marijuana licenses August 25.

Oklahoma joins at least 30 other states, plus the District of Columbia, that have legalized medical marijuana. Private employers in Oklahoma should exercise caution in dealing with employees who are registered medical marijuana users. This may include ensuring that these employees are afforded reasonable accommodations when needed due to their underlying medical condition that gave rise to the medical marijuana use.

Recreational marijuana remains illegal in Oklahoma. Nine states, in addition to the District of Columbia, have legalized recreational marijuana use in recent years, including:

  • Alaska;
  • California;
  • Colorado;
  • Massachusetts;
  • Maine;
  • Nevada;
  • Oregon;
  • Vermont; and
  • Washington.