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 HB3127 |
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6|printed Bill |
|Page Section Lines |
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| Of the |
8|Engrossed Bill |
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9|By deleting the content of the entire measure, and by inserting in |
|lieu thereof the following language: |
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19| STATE OF OKLAHOMA |
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20| 2nd Session of the 60th Legislature (2026) |
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21|PROPOSED POLICY |
|COMMITTEE SUBSTITUTE |
22|FOR |
|HOUSE BILL NO. 3127 By: West (Kevin) |
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2| PROPOSED POLICY COMMITTEE SUBSTITUTE |
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3| An Act relating to medical marijuana; amending 63 |
| O.S. 2021, Section 427.8, which relates to rights and |
4| restrictions related to medical marijuana use and |
| possession; implementing discretional zero-tolerance |
5| policy for all employers; and providing an effective |
| date. |
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9|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
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10| SECTION 1. AMENDATORY 63 O.S. 2021, Section 427.8, is |
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11|amended to read as follows: |
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12| Section 427.8. A. The rights to possess the marijuana products |
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13|set forth in Section 420 of Title 63 of the Oklahoma Statutes this |
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14|title are cumulative and a duly licensed individual may possess at |
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15|any one time the totality of the items listed therein and not be in |
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16|violation of this act so long as the individual holds a valid |
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17|patient license or caregiver license. |
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18| B. Municipal and county governing bodies may not enact medical |
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19|marijuana guidelines which restrict or interfere with the rights of |
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20|a licensed patient or caregiver to possess, purchase, cultivate or |
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21|transport medical marijuana within the legal limits set forth in |
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22|this act or Section 420 et seq. of Title 63 of the Oklahoma Statutes |
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23|this title or require patients or caregivers to obtain permits or |
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24|licenses in addition to the state-required licenses provided herein. |
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1| C. Nothing in this act or Section 420 et seq. of Title 63 of |
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2|the Oklahoma Statutes this title shall prohibit a residential or |
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3|commercial property or business owner from prohibiting the |
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4|consumption of medical marijuana or medical marijuana product by |
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5|smoke or vaporization on the premises, within the structures of the |
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6|premises or within ten (10) feet of the entryway to the premises. |
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7|However, a medical marijuana patient shall not be denied the right |
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8|to consume or use other medical marijuana products which are |
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9|otherwise legal and do not involve the smoking or vaporization of |
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10|cannabis when lawfully recommended pursuant to Section 420 of Title |
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11|63 of the Oklahoma Statutes this title. |
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12| D. A medical marijuana patient or caregiver licensee shall not |
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13|be denied eligibility in public assistance programs including, but |
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14|not limited to, Medicaid, Supplemental Nutrition Assistance Program |
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15|(SNAP), Women, Infants, and Children Nutrition Program (WIC), |
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16|Temporary Assistance for Needy Families (TANF) or other such public |
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17|assistance programs based solely on his or her status as a medical |
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18|marijuana patient or caregiver licensee, unless required by federal |
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19|law. |
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20| E. A medical marijuana patient or caregiver licensee shall not |
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21|be denied the right to own, purchase or possess a firearm, |
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22|ammunition, or firearm accessories based solely on his or her status |
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23|as a medical marijuana patient or caregiver licensee. No state or |
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24|local agency, municipal or county governing authority shall |
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1|restrict, revoke, suspend or otherwise infringe upon the right of a |
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2|person to own, purchase or possess a firearm, ammunition, or firearm |
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3|accessories or any related firearms license or certification based |
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4|solely on their his or her status as a medical marijuana patient or |
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5|caregiver licensee. |
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6| F. A medical marijuana patient or caregiver in actual |
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7|possession of a medical marijuana license shall not be subject to |
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8|arrest, prosecution or penalty in any manner or denied any right, |
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9|privilege or public assistance, under state law or municipal or |
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10|county ordinance or resolution including without limitation a civil |
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11|penalty or disciplinary action by a business, occupational or |
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12|professional licensing board or bureau, for the medical use of |
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13|marijuana in accordance with this act. |
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14| G. A government medical assistance program shall not be |
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15|required to reimburse a person for costs associated with the medical |
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16|use of marijuana unless federal law requires reimbursement. |
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17| H. Unless otherwise required by federal law or required to |
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18|obtain federal funding: |
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19| 1. No employer may refuse to hire, discipline, discharge or |
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20|otherwise penalize an applicant or employee solely on the basis of |
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21|such applicant's or employee's status as a medical marijuana |
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22|licensee; and |
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1| 2. No employer may refuse to hire, discipline, discharge or |
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2|otherwise penalize an applicant or employee solely on the basis of a |
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3|positive test for marijuana components or metabolites, unless: |
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4| a. the applicant or employee is not in possession of a |
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5| valid medical marijuana license, |
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6| b. the licensee possesses, consumes or is under the |
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7| influence of medical marijuana or medical marijuana |
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8| product while at the place of employment or during the |
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9| fulfillment of employment obligations, or |
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10| c. such action is taken pursuant to a written drug and |
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11| alcohol testing policy adopted and enforced in |
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12| accordance with the Oklahoma Standards for Workplace |
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13| Drug and Alcohol Testing Act, Section 551 et seq. of |
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14| Title 40 of the Oklahoma Statutes. |
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15| 3. Notwithstanding any other provision of this section, an |
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16|applicant or employee employed in a safety-sensitive position, as |
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17|defined in subsection K of this section shall be subject to a |
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18|zero-tolerance drug and alcohol standard. This requirement shall |
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19|apply regardless of any employer policy permitting impairment-based |
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20|testing or alternative standards for positions not designated as |
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21|safety-sensitive. |
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22| I. Nothing in this act or Section 420 et seq. of Title 63 of |
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23|the Oklahoma Statutes this title shall: |
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1| 1. Require an employer to permit or accommodate the use, |
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2|possession, sale, transfer, or being under the influence of medical |
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3|marijuana on the property or premises of any place of employment or |
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4|during hours of employment workplace or while performing job duties; |
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5| 2. Require an employer, a government medical assistance |
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6|program, private health insurer, worker's workers' compensation |
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7|carrier or self-insured employer providing worker's workers' |
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8|compensation benefits to reimburse a person for costs associated |
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9|with the use of medical marijuana; or |
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10| 3. Prevent Limit an employer from having employer's ability to |
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11|implement and enforce written drug and alcohol testing policies |
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12|regarding drug testing and impairment, including zero-tolerance |
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13|policies, that prohibit the use of marijuana in accordance with the |
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14|Oklahoma Standards for Workplace Drug and Alcohol Testing Act, |
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15|Section 551 et seq. of Title 40 of the Oklahoma Statutes. |
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16| J. Any applicant or employee aggrieved by a willful violation |
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17|of this section shall have, as his or her exclusive remedy, the same |
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18|remedies as provided for in the Oklahoma Standards for Workplace |
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19|Drug and Alcohol Testing Act set forth in Section 563 of Title 40 of |
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20|the Oklahoma Statutes. |
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21| K. As used in this section: |
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22| 1. "Safety-sensitive position" means any job that includes |
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23|tasks or duties that the employer reasonably believes could affect |
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24|the safety and health of position in which the employee performing |
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1|the task or others including, but not limited to, any performs one |
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2|or more of the following duties:
1| Title 63 of the Oklahoma Statutes |
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10|this title, commonly referred to as the "Smoking in Public Places |
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11|and Indoor Workplaces Act". |
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12| SECTION 2. This act shall become effective November 1, 2026. |
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14| 60-2-16050 TKR 02/02/26 |
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