Oklahoma has again amended the employment provisions of the Oklahoma Medical Marijuana Act (“OMMA”), specifically Title 63, Section 427.8. The new law, House Bill 3127, passed in the House of Representatives on March 24 and in the Senate on April 15. Governor Kevin Stitt signed the bill into law on April 17. The new legislation involves significant changes to the employment and drug testing provisions of the OMMA, including a “zero-tolerance” standard for a job applicant or employee in a safety-sensitive position.
The prior version of the OMMA provided an employer could not take adverse action against an applicant or employee solely due to a positive marijuana drug test unless: (1) the individual did not have a valid medical marijuana license; (2) the individual possessed, consumed, or was under the influence of marijuana at work; or (3) the position was one the employer “reasonably believed” was “safety-sensitive.” The new law retains the first two exceptions but now allows an employer to take adverse action for a positive drug test as long as the 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, 40 Okla. Stat. § 551 et seq. This gives employers considerably more latitude to take adverse action for a positive marijuana test, regardless of whether the position is safety sensitive or the employee has a valid license.
The new legislation also states that any applicant or employee in a “safety-sensitive” position “shall” be subject to a “zero-tolerance drug and alcohol standard.” Although the law does not define “zero-tolerance” or elaborate on what this means in practice, the language suggests employees in safety-sensitive positions should be subject to adverse action if they have a positive test result, regardless of status as a license holder.
The new law also changes the definition of a “safety-sensitive” position. The prior version allowed an employer to designate a position safety-sensitive if the employer “reasonably believed” the job could affect the health and safety of the employee or others. The new law removes the reasonable belief language and instead provides a non-exhaustive list of job duties that qualify as safety-sensitive:
Absent any successful legal challenge, the new legislation is set to take effect on November 1, 2026. Employers will need to review and likely revise existing policies to ensure compliance with the significant changes to the drug testing provisions, the revised definition of “safety-sensitive” jobs, and the zero-tolerance standard for safety-sensitive jobs.
For assistance with reviewing and updating your drug and alcohol testing policies, please contact your McAfee & Taft Labor & Employment Group attorney.
April 27, 2026
Brennan T. Barger
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