Volume 2 Issue 1
MEDICAL MARIJUANA IN THE WORKPLACE
“Unless a failure to do so would cause an employer
to imminently lose a monetary or licensing related
benefit under federal law or regulations, an
employer may not discriminate against a person
in hiring, termination, or imposing any term or
condition of employment or otherwise penalize a
person based upon either:
1. The person’s status as a medical marijuana
license holder; or
2. Employers may take action against a holder
of a medical marijuana license holder if the
holder uses or possesses marijuana while in the
holder’s place of employment or during the hours
of employment. Employers may not take action
against the holder of a medical marijuana license
solely based upon the status of an employee as
a medical marijuana license holder or the results
of a drug test showing positive for marijuana or
its components.”
Based upon this information employers are provided
inadequate guidance by State Question 788 on what
they can do if they have a licensed medical marijuana
employee in their workplace.
used in conjunction with a marijuana positive test
that would warrant disciplinary measures and/or
Can Employers Test for Medical Cannabis?
termination for a medical marijuana user.
Employers can still test employees in Oklahoma for
marijuana use, even if the employee holds a medical Medical marijuana cardholders are not permitted to
bring marijuana to their place of work or use medical
marijuana license. Recreational use is not legal
marijuana during their work hours. The key message
in the Oklahoma. If an employee tests positive for
here is nothing has really changed. Company
marijuana and does not have a medical marijuana
license, an employer can terminate and/or discipline employees continue to be required to report in a
condition fit for work and to remain fit for work during
according to his/her drug-free workplace policy.
their shifts. They also need to be able to safely and
Employers are not permitted to discipline and/or
effectively perform their work, regardless of whether
terminate a licensed medical marijuana employee
cannabis is legal or not.
based solely on the presence of marijuana and/or
its metabolites in a drug test. Neither State Question The Future of Cannabis in the Workplace
788, nor the Oklahoma state legislature, have
Oklahoma’s legislators are currently not in session.
provided guidance for employers as to what can be
Are my obligations as an employer
different for recreational cannabis
use versus medical cannabis use?
As such, employers will have to wait until February
before any additional guidance is offered, if any
at all, because there is no promise legislators will
address cannabis in the workplace this session. An
abundance of lawsuits relating to medical cannabis
are now active against Oklahoma. These lawsuits
could slow legislative action even further. However,
Oklahoma’s legislators must provide additional
clarification and guidance for employers in the state
concerning medical marijuana in the workplace.
The beliefs and attitudes written herein are the author’s
and should not be deemed an endorsement by The Current
Buzz and/or our employees or agents of particular products,
practices, or beliefs. We are NOT attorneys. Seek legal
counsel should you have additional questions.