Until this legislative session, Oklahoma employers had a big unanswered question regarding employees who hold safety sensitive positions. How has this been a problem?
Since the passage of State Question 788, Oklahoma employers have often had more questions than answers about the use of prescribed medical marijuana by employees. One of the most prominent questions has been how to handle the use of medical marijuana by employees who hold safety sensitive positions and also hold a license for medical marijuana. As originally written, SQ 788, codified at Title 63 Section 420 of the Oklahoma Statutes, provided only a very broad anti-discrimination provision without any carve-out for employees in safety sensitive positions. This left employers in a quandary when faced with known marijuana use by