Gavel to Gavel: Amended medical marijuana law prompts Oklahoma employers to update policies

Oklahoma employers are again directing their attention to drug testing policies after another round of changes to the Oklahoma Medical Marijuana Act by the Legislature. House Bill 3127, set to take effect on November 1, 2026, is stricter on “safety-sensitive” positions while giving employers more discretion over drug testing for other employees.

The new law establishes stricter rules for safety-sensitive jobs in two ways. First, applicants or employees in safety-sensitive positions must be subject to a “zero-tolerance drug and alcohol standard,” which suggests such individuals should be subject to adverse action if they have a positive test result, regardless of status as a license holder. Second, the law removes the employer’s ability to designate a position “safety-sensitive” based on its “reasonable belief” that the job could affect the health and safety of the employee or others. Instead, it provides a non-exhaustive list of job duties that qualify as safety-sensitive:

• handling, packaging, processing, storage, disposal or transport of hazardous materials;
• operation of a motor vehicle, other vehicle, equipment, machinery or power tools;
• repairing, maintaining or monitoring the performance or operation of any equipment, machinery or manufacturing process, the malfunction or disruption of which could result in injury or property damage;
• performing firefighting duties;
• operation, maintenance or oversight of critical services and infrastructure including, but not limited to, electric, gas, and water utilities, power generation or distribution;
• extraction, compression, processing, manufacturing, handling, packaging, storage, disposal, treatment or transport of potentially volatile, flammable, combustible materials, elements, chemicals or any other highly regulated component;
• dispensing pharmaceuticals;
• carrying a firearm; and
• direct patient care or direct child care.

Many drug testing policies utilized the “reasonable belief” language that no longer applies, and the “zero-tolerance” standard makes it more important to correctly define safety-sensitive positions.

On the other hand, the new law gives employers more discretion over drug testing for non-safety-sensitive positions. Employers will be able to take action for a positive marijuana drug test if: (1) the individual did not have a valid medical marijuana license; (2) the individual possessed, consumed, or was under the influence of marijuana while working; or (3) as long as the action is taken pursuant to a written drug testing policy that complies with the Standards for Workplace Drug and Alcohol Testing Act. The addition of the third provision gives employers more discretion to take adverse action for a positive marijuana test, regardless of whether the position is safety-sensitive or the employee has a valid license, as long as the employer has a compliant drug testing policy.

Finally, the law retains its protection for license holder status: employers still cannot take adverse action based solely on status as a license holder. Navigating these new changes, while also ensuring that protection remains, will require careful attention to existing drug testing policies.

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Gavel to Gavel: Amended medical marijuana law prompts Oklahoma employers to update policies