Bill Text For SB0305 - Proposed Committee Substitute(1)

 1|                         COMMITTEE AMENDMENT                           |
  |                      HOUSE OF REPRESENTATIVES                         |
 2|                          State of Oklahoma                            |
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 3|     SPEAKER:                                                          |
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 4|     CHAIR:                                                            |
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 5|I move to amend  SB305                                                 |
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 6|printed Bill                                                           |
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 8|Engrossed Bill                                                         |
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 9|By striking the Title, the Enacting Clause, the entire bill, and by    |
  |inserting in lieu thereof the following language:                      |
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19|                          STATE OF OKLAHOMA                            |
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20|             1st Session of the 57th Legislature (2019)                |
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21|PROPOSED                                                               |
  |COMMITTEE SUBSTITUTE                                                   |
22|FOR ENGROSSED                                                          |
  |SENATE BILL NO. 305                  By: Daniels of the Senate         |
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  |                                         and                           |
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  |                                         West (Tammy) and McBride of   |
   Req. No. 8737                                                   Page 1
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  |                                         the House                     |
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  |                    PROPOSED COMMITTEE SUBSTITUTE                      |
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  |       An Act relating to medical marijuana; amending                  |
 6|       Provision No. 6, State Question No. 788, Petition No.           |
  |       412 (63 O.S. Supp. 2018, Section 425), which relates            |
 7|       to discrimination against medical marijuana                     |
  |       licensees; clarifying drug testing requirement;                 |
 8|       amending Section 8 of Enrolled House Bill No. 2612 of           |
  |       the 1st Session of the 57th Oklahoma Legislature,               |
 9|       which relates to possession rights of medical                   |
  |       marijuana licensees; clarifying certain exception;              |
10|       modifying scope of certain definition; and declaring            |
  |       an emergency.                                                   |
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13|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:                  |
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14|    SECTION 1.     AMENDATORY     Provision No. 6, State Question      |
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15|No. 788, Petition No. 412 (63 O.S. Supp. 2018, Section 425), is        |
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16|amended to read as follows:                                            |
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17|    Section 425.  A.  No school or landlord may refuse to enroll or    |
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18|lease to, and may not otherwise penalize a person solely for his       |
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19|status as a medical marijuana license holder, unless failing to do     |
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20|so would imminently cause the school or landlord to lose a monetary    |
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21|or licensing related benefit under federal law or regulations.         |
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22|    B.  Unless a failure to do so would cause an employer to           |
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23|imminently lose a monetary or licensing related benefit under          |
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24|federal law or regulations, an employer may not discriminate against   |
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   Req. No. 8737                                                   Page 2
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 1|a person in hiring, termination or imposing any term or condition of   |
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 2|employment or otherwise penalize a person based upon either:           |
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 3|    1.  The person's status as a medical marijuana license holder;     |
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 4|or                                                                     |
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 5|    2.  Employers may take action against a holder of a medical        |
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 6|marijuana license holder if the holder uses or possesses marijuana     |
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 7|while in the holder's place of employment or during the hours of       |
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 8|employment.  Employers may not take action against the holder of a     |
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 9|medical marijuana license solely based upon the status of an           |
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10|employee as a medical marijuana license holder or the results of a     |
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11|drug test showing positive for marijuana or its components or          |
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12|metabolites.                                                           |
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13|    C.  For the purposes of medical care, including organ              |
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14|transplants, a medical marijuana license holder's authorized use of    |
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15|marijuana must be considered the equivalent of the use of any other    |
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16|medication under the direction of a physician and does not             |
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17|constitute the use of an illicit substance or otherwise disqualify a   |
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18|registered qualifying patient from medical care.                       |
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19|    D.  No medical marijuana license holder may be denied custody of   |
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20|or visitation or parenting time with a minor, and there is no          |
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21|presumption of neglect or child endangerment for conduct allowed       |
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22|under this law, unless the person's behavior creates an unreasonable   |
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23|danger to the safety of the minor.                                     |
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   Req. No. 8737                                                   Page 3
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 1|    E.  No person holding a medical marijuana license may unduly be    |
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 2|withheld from holding a state issued license by virtue of their        |
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 3|being a medical marijuana license holder.  This would include such     |
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 4|things as a concealed carry permit.                                    |
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 5|    F.  No city or local municipality may unduly change or restrict    |
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 6|zoning laws to prevent the opening of a retail marijuana               |
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 7|establishment.                                                         |
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 8|    G.  The location of any retail marijuana establishment is          |
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 9|specifically prohibited within one thousand (1,000) feet from any      |
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10|public or private school entrance.                                     |
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11|    H.  Research will be provided under this law.  A researcher may    |
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12|apply to the Oklahoma Department of Health for a special research      |
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13|license.  That license will be granted, provided the applicant meets   |
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14|the criteria listed under Section 421.B.  Research license holders     |
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15|will be required to file monthly consumption reports to the Oklahoma   |
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16|Department of Health with amounts of marijuana used for research.      |
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17|    SECTION 2.     AMENDATORY     Section 8 of Enrolled House Bill     |
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18|No. 2612 of the 1st Session of the 57th Oklahoma Legislature, is       |
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19|amended to read as follows:                                            |
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20|    Section 8.  A.  The rights to possess the marijuana products set   |
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21|forth in Section 420 of Title 63 of the Oklahoma Statutes are          |
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22|cumulative and a duly licensed individual may possess at any one       |
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23|time the totality of the items listed therein and not be in            |
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   Req. No. 8737                                                   Page 4
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 1|violation of this act so long as the individual holds a valid          |
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 2|patient license or caregiver license.                                  |
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 3|    B.  Municipal and county governing bodies may not enact medical    |
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 4|marijuana guidelines which restrict or interfere with the rights of    |
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 5|a licensed patient or caregiver to possess, purchase, cultivate or     |
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 6|transport medical marijuana within the legal limits set forth in       |
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 7|this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes   |
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 8|or require patients or caregivers to obtain permits or licenses in     |
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 9|addition to the state-required licenses provided herein.               |
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10|    C.  Nothing in this act or Section 420 et seq. of Title 63 of      |
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11|the Oklahoma Statutes shall prohibit a residential or commercial       |
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12|property or business owner from prohibiting the consumption of         |
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13|medical marijuana or medical marijuana product by smoke or             |
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14|vaporization on the premises, within the structures of the premises    |
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15|or within ten (10) feet of the entryway to the premises.  However, a   |
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16|medical marijuana patient shall not be denied the right to consume     |
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17|or use other medical marijuana products which are otherwise legal      |
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18|and do not involve the smoking or vaporization of cannabis when        |
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19|lawfully recommended pursuant to Section 420 of Title 63 of the        |
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20|Oklahoma Statutes.                                                     |
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21|    D.  A medical marijuana patient or caregiver licensee shall not    |
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22|be denied eligibility in public assistance programs including, but     |
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23|not limited to, Medicaid, Supplemental Nutrition Assistance Program    |
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24|(SNAP), Women, Infants, and Children Nutrition Program (WIC),          |
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   Req. No. 8737                                                   Page 5
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 1|Temporary Assistance for Needy Families (TANF) or other such public    |
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 2|assistance programs based solely on his or her status as a medical     |
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 3|marijuana patient or caregiver licensee, unless required by federal    |
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 4|law.                                                                   |
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 5|    E.  A medical marijuana patient or caregiver licensee shall not    |
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 6|be denied the right to own, purchase or possess a firearm,             |
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 7|ammunition, or firearm accessories based solely on his or her status   |
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 8|as a medical marijuana patient or caregiver licensee.  No state or     |
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 9|local agency, municipal or county governing authority shall            |
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10|restrict, revoke, suspend or otherwise infringe upon the right of a    |
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11|person to own, purchase or possess a firearm, ammunition, or firearm   |
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12|accessories or any related firearms license or certification based     |
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13|solely on their status as a medical marijuana patient or caregiver     |
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14|licensee.                                                              |
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15|    F.  A medical marijuana patient or caregiver in actual             |
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16|possession of a medical marijuana license shall not be subject to      |
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17|arrest, prosecution or penalty in any manner or denied any right,      |
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18|privilege or public assistance, under state law or municipal or        |
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19|county ordinance or resolution including without limitation a civil    |
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20|penalty or disciplinary action by a business, occupational or          |
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21|professional licensing board or bureau, for the medical use of         |
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22|marijuana in accordance with this act.                                 |
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   Req. No. 8737                                                   Page 6
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 1|    G.  A government medical assistance program shall not be           |
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 2|required to reimburse a person for costs associated with the medical   |
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 3|use of marijuana unless federal law requires reimbursement.            |
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 4|    H.  Unless otherwise required by federal law or required to        |
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 5|obtain federal funding:                                                |
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 6|    1.  No employer may refuse to hire, discipline, discharge or       |
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 7|otherwise penalize an applicant or employee solely on the basis of     |
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 8|such applicant's or employee's status as a medical marijuana           |
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 9|licensee; and                                                          |
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10|    2.  No employer may refuse to hire, discipline, discharge or       |
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11|otherwise penalize an applicant or employee solely on the basis of a   |
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12|positive test for marijuana components or metabolites, unless:         |
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13|         a.    the applicant or employee is not in possession of a     |
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14|              valid medical marijuana license,                         |
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15|         b.    the licensee possesses, consumes or is under the        |
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16|              influence of medical marijuana or medical marijuana      |
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17|              product components or metabolites while at the place     |
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18|              of employment or during the fulfillment of employment    |
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19|              obligations, or                                          |
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20|         c.    the position is one involving safety-sensitive job      |
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21|              duties, as such term is defined in subsection K of       |
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22|              this section.                                            |
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23|    I.  Nothing in this act or Section 420 et seq. of Title 63 of      |
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24|the Oklahoma Statutes shall:                                           |
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   Req. No. 8737                                                   Page 7
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 1|    1.  Require an employer to permit or accommodate the use of        |
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 2|medical marijuana on the property or premises of any place of          |
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 3|employment or during hours of employment;                              |
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 4|    2.  Require an employer, a government medical assistance           |
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 5|program, private health insurer, worker's compensation carrier or      |
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 6|self-insured employer providing worker's compensation benefits to      |
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 7|reimburse a person for costs associated with the use of medical        |
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 8|marijuana; or                                                          |
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 9|    3.  Prevent an employer from having written policies regarding     |
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10|drug testing and impairment in accordance with the Oklahoma            |
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11|Standards for Workplace Drug and Alcohol Testing Act, Section 551 et   |
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12|seq. of Title 40 of the Oklahoma Statutes.                             |
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13|    J.  Any applicant or employee aggrieved by a willful violation     |
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14|of this section shall have, as his or her exclusive remedy, the same   |
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15|remedies as provided for in the Oklahoma Standards for Workplace       |
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16|Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of   |
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17|the Oklahoma Statutes.                                                 |
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18|    K.  As used in this section:                                       |
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19|    1.  "Safety-sensitive" means any job that includes tasks or        |
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20|duties that the employer reasonably believes could affect the safety   |
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21|and health of the employee performing the task or others including,    |
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22|but not limited to, any of the following:                              |
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23|         a.    the handling, packaging, processing, storage,           |
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24|              disposal or transport of hazardous materials,            |
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   Req. No. 8737                                                   Page 8
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 1|         b.    the operation of a motor vehicle, other vehicle,        |
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 2|              equipment, machinery or power tools,                     |
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 3|         c.    repairing, maintaining or monitoring the performance    |
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 4|              or operation of any equipment, machinery or              |
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 5|              manufacturing process, the malfunction or disruption     |
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 6|              of which could result in injury or property damage,      |
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 7|         d.    performing firefighting duties,                         |
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 8|         e.    the operation, maintenance or oversight of critical     |
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 9|              services and infrastructure including, but not limited   |
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10|              to, electric, gas, and water utilities, power            |
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11|              generation or distribution,                              |
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12|         f.    the extraction, compression, processing,                |
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13|              manufacturing, handling, packaging, storage, disposal,   |
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14|              treatment or transport of potentially volatile,          |
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15|              flammable, combustible materials, elements, chemicals    |
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16|              or any other highly regulated component,                 |
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17|         g.    dispensing pharmaceuticals,                             |
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18|         h.    carrying a firearm, or                                  |
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19|         i.    direct patient care or direct child care; and           |
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20|    2.  A "positive test for "Under the influence of marijuana         |
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21|components or metabolites" means a test result that is at or above     |
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22|the cutoff concentration level established by the United States        |
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23|Department of Transportation or Oklahoma law regarding being under     |
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24|the influence, whichever is lower.                                     |
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   Req. No. 8737                                                   Page 9
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 1|    L.  All smokable, vaporized, vapable and e-cigarette medical       |
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 2|marijuana product inhaled through vaporization or smoked by a          |
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 3|medical marijuana licensee are subject to the same restrictions for    |
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 4|tobacco under Section 1-1521 of Title 63 of the Oklahoma Statutes,     |
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 5|commonly referred to as the "Smoking in Public Places and Indoor       |
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 6|Workplaces Act".                                                       |
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 7|    SECTION 3.  It being immediately necessary for the preservation    |
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 8|of the public peace, health or safety, an emergency is hereby          |
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 9|declared to exist, by reason whereof this act shall take effect and    |
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10|be in full force from and after its passage and approval.              |
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12|    57-1-8737      GRS    04/10/19                                     |
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   Req. No. 8737                                                   Page 10
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