Oklahoma Amends Medical Marijuana Law: Employers Lose Discretion to Designate ‘Safety-Sensitive’ Positions

Oklahoma’s medical marijuana law has been amended to permit employers to have “zero tolerance” drug and alcohol standards regarding medical marijuana users in “safety-sensitive” positions. However, the law also revised the definition of “safety-sensitive positions” to remove employers’ discretion to classify positions as safety-sensitive and limits that definition to specific positions only. House Bill No. 3127. The amendment will take effect on Nov. 1, 2026.

The law still provides that employers may not refuse to hire, discipline, discharge, or otherwise penalize an applicant or employee solely on the basis of the applicant’s or employee’s status as a medical marijuana licensee.

However, with respect to positive drug test results, the amended law provides that an employer may not refuse to hire, discipline, discharge, or otherwise penalize an applicant or employee solely on the basis of a positive drug test result for marijuana, unless:

1. The applicant or employee is not in possession of a valid medical marijuana license;
2. The licensee possesses, consumes, or is under the influence of medical marijuana or medical marijuana product while at the place of employment or during the fulfillment of employment obligations; or
3. Such action is taken pursuant to a written drug and alcohol testing policy adopted and enforced in accordance with the Standards for Workplace Drug and Alcohol Testing Act, Section 551 et seq. of Title 40 of Oklahoma Statutes.

The amended language further clarifies that applicants and employees in safety-sensitive positions (as defined) will be subject to a zero-tolerance drug and alcohol standard.  This standard applies regardless of any employer policy that may treat employees in other positions differently.

Significantly, the definition of “safety-sensitive” has been revised to remove an employer’s discretion to consider positions to be safety sensitive based on the employer’s reasonable belief that the job could affect the safety and health of the employee or others. The revised definition reads:

“Safety-sensitive” means any position in which the employee performs one more more of the following duties, including, but not limited to:

1. The handling, packaging, processing, storage, disposal or transport of hazardous materials;
2. The operation of a motor vehicle, other vehicle, equipment, machinery or power tools;
3. Repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage;
4. Performing firefighting duties;
5. The operation, maintenance or oversight of critical services and infrastructure including, but not limited to, electric, gas, and water utilities, power generation or distribution;
6. The extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals or any other highly regulated component;
7. Dispensing pharmaceuticals;
8. Carrying a firearm; or,
9. Direct patient care or direct child care.

Employers in Oklahoma should consult with counsel regarding the implications of the amended medical marijuana law and update their drug testing policies as needed. Please contact a Jackson Lewis attorney if you have any questions.