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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:
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:
Employers in Oklahoma should consult with counsel regarding the implications of the amended medical marijuana law and update their drug testing policies as needed.
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Find Your Next Job !
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:
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:
Employers in Oklahoma should consult with counsel regarding the implications of the amended medical marijuana law and update their drug testing policies as needed.
More Upcoming Events
Sign Up for any (or all) of our 25+ Newsletters
You are responsible for reading, understanding, and agreeing to the National Law Review’s (NLR’s) and the National Law Forum LLC’s Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free-to-use, no-log-in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only. Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. No attorney-client or confidential relationship is formed by the transmission of information between you and the National Law Review website or any of the law firms, attorneys, or other professionals or organizations who include content on the National Law Review website. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
Some states have laws and ethical rules regarding solicitation and advertisement practices by attorneys and/or other professionals. The National Law Review is not a law firm nor is www.NatLawReview.com intended to be a referral service for attorneys and/or other professionals. The NLR does not wish, nor does it intend, to solicit the business of anyone or to refer anyone to an attorney or other professional. NLR does not answer legal questions nor will we refer you to an attorney or other professional if you request such information from us.
Under certain state laws, the following statements may be required on this website and we have included them in order to be in full compliance with these rules. The choice of a lawyer or other professional is an important decision and should not be based solely upon advertisements. Attorney Advertising Notice: Prior results do not guarantee a similar outcome. Statement in compliance with Texas Rules of Professional Conduct. Unless otherwise noted, attorneys are not certified by the Texas Board of Legal Specialization, nor can NLR attest to the accuracy of any notation of Legal Specialization or other Professional Credentials.
The National Law Review – National Law Forum LLC 2070 Green Bay Rd., Suite 178, Highland Park, IL 60035 Telephone (708) 357-3317 or toll-free (877) 357-3317. If you would like to contact us via email please click here.
Copyright ©2026 National Law Forum, LLC